OUT OF SIGHT,
NOT OUT OF REACH
•
The Global Scale and Scope
of Transnational Repression
Ensure that there is full and consistent reporting on
transnational repression in the State Department
country reports. Since 2019, US State Department
Country Reports on Human Rights Practices have included
a section on “Politically Motivated Reprisals against
Individuals Located outside the Country.” Strengthening
and making consistent this section of the reports would
help create a more robust record of transnational
repression and encourage greater awareness of
the problem.
Combat Interpol abuse. Interpol abuse—in which
governments take advantage of the lack of due process
protections within the International Criminal Police
Organization’s notification system to have targets spuriously
detained or extradited—is a serious threat in the United
States. US law enforcement agencies, including immigration
enforcement, sometimes detain individuals based on notices
from countries without independent judiciaries, subjecting
them to extended detention without adequate cause. To
combat Interpol abuse, the Biden administration should:
•
Issue clear guidance establishing that Interpol
notices are not equivalent to arrest warrants
under US law, and may not be used as the sole basis for
detention or deprivation of services in the United States.
•
Apply the voice and vote of the US government
within Interpol to establish due process reforms
and increase transparency. The United States is by
far the largest statutory contributor to Interpol’s budget,
and should leverage its contributions alongside other
democracies to improve the functioning of Interpol and
reduce opportunities for abuse.
Release the CIA’s assessment of the killing of Jamal
Khashoggi. Releasing an unclassified version of the CIA’s
assessment that names perpetrators would help establish
accountability for the most famous case of transnational
repression in recent years.
Congress
Ensure strong targeted sanctions laws and sufficient
funding for enforcement. With robust bipartisan support,
Congress has played a crucial role in ensuring the successful
implementation of US sanctions programs that target human
rights violators. Several key steps by Congress could make
existing programs even stronger, particularly with respect to
accountability for perpetrators of transnational repression:
56
@FreedomHouse
•
Reauthorize the Global Magnitsky Human Rights
Accountability Act (22 USC 2656 note), which allows
for visa bans and asset freezes on individuals and entities
engaged in human rights abuses and corruption. It will
sunset on December 23, 2022 without reauthorization.
•
Codify Executive Order 13818, which expands on
the Global Magnitsky Act and other country-specific
sanctions programs focused on human rights abuses and
corruption. This would enable the United States to impose
sanctions for serious human rights abuses, a term which
encompasses a greater number of abuses than the more
restrictive threshold of gross violations of human rights
– the standard included in the Global Magnitsky Act in its
original form.
•
Work with relevant agencies to ensure offices
dealing with sanctions are fully funded.
Congressional appropriators have already been consulting
with agencies on the funding levels necessary for
sanctions enforcement, and Congress has provided
modest dedicated funding for these activities. However,
agency staff continue to report that the number of cases
to be vetted for possible sanction far exceeds current
capacity. Congress should support funding for additional
personnel in relevant sanctions offices in order to ensure
the executive branch has adequate capacity to implement
sanctions policies.
Restrict security assistance for states engaging in
transnational repression. Section 502B of the Foreign
Assistance Act of 1961, as amended (22 USC 2304), is intended
to “promote and encourage respect for human rights and
fundamental freedoms throughout the world” by making the
observance of human rights a “principal goal of US foreign
policy.” Current law prohibits the provision of security assistance
to any government engaging “in a consistent pattern of
gross violations of internationally recognized human rights”
unless the president certifies to Congress that “extraordinary
circumstances” warrant the provision of assistance. This section
should be updated to allow the restriction of security assistance
for states consistently engaging in acts of transnational
repression. This would serve the dual purpose of limiting an
aggressor government’s resources for engaging in transnational
repression while also sending a strong signal that the behavior
is unacceptable. Congress should work with the executive
branch and subject matter experts to determine whether this
should be done by adding “acts of transnational repression” as
a new, standalone category for which aid could be restricted,
or whether the definition of gross violations of human rights, as
defined in 22 USC 2304(d)(1)), should itself be updated.
#TransnationalRepression
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