Freedom House
Bringing accountability for acts of
transnational repression
Deploy a robust strategy for targeted sanctions against
perpetrators of transnational repression. Targeted
sanctions, such as denying or revoking visas for entry to
the United States, or freezing US-based assets, enjoy broad
bipartisan support and should play a key role in raising the cost
of transnational repression for perpetrators. To make sanctions
as impactful as possible:
•
Impose the strongest possible targeted sanctions on
perpetrators and enablers of acts of transnational
repression. Current law and presidential actions allow
for targeted sanctions on individuals (including both
government officials and private citizens) and entities
involved in human rights abuses, including assassinations
and renditions, which are some of the most serious forms
of transnational repression. In some cases, the family
members of perpetrators are also eligible for sanction.
•
Impose export controls on companies that
knowingly provided technologies, goods, or services
to facilitate the commission of transnational
repression. Policymakers should investigate the extent to
which commercial surveillance tools, such as spyware and
extraction technology, have been used against Americans
and in the commission of transnational repression.
•
Congress should pass the Revealing and Explaining
Exclusions for Accountability (REVEAL) Act (S.2392/
H.R.4557). Section 212(a)(3)(C) of the Immigration and
Nationality Act (INA) allows the US government to deny
entry to a person if there is “reasonable ground to believe
[that person’s entry to the United States] would have
potentially serious adverse foreign policy consequences.”
But, under current law the names of those denied entry
and reasons for their denial may not be made public. The
REVEAL Act would allow names and reasons for visa denial
to be made public—a naming and shaming tactic that
could help deter future abuses.
•
Congress and the executive branch should
work together to ensure robust funding for the
implementation and enforcement of targeted
sanctions. The US Department of the Treasury,
Department of State, and Department of Justice all collect
information about suspected perpetrators of abuses
eligible for sanction. Unfortunately, the number of potential
sanctions cases to be vetted by the US government far
exceeds current capacity, and the recent flurry of sanctions
related to the Kremlin’s invasion of Ukraine has added to
this workload. Funding for additional personnel in relevant
sanctions offices would help 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.
Supporting victims of
transnational repression
Ensure that the United States maintains a robust
refugee resettlement program and an efficient, rightsbased approach to assessing claims for asylum to
protect victims of transnational repression and others
fleeing persecution. As Congress noted in the Refugee
Resettlement Act of 1980, “it is the historic policy of the
United States to respond to the urgent needs of persons
subject to persecution in their homelands.” Many refugees fled
political persecution in countries that engage in transnational
repression, and face threats even after resettlement. Refugees
who live in strong democracies where the rule of law is upheld
and institutions are accountable have stronger basic protection
against transnational repression than those who do not. With
this in mind, the Biden administration should:
•
Commit to rebuilding the country’s refugee
resettlement program and provide adequate
resources to eliminate the asylum processing
backlog. Each year, the president and Congress
work together to set an annual cap on the number of
allowable refugee resettlement admissions for that
year. Historically, the cap has been as high as 207,116
in 1980, and as low as 15,000 in 2021. The Biden
administration should work with Congress to uphold
the United States’ commitment to refugee resettlement
and ensure that victims of transnational repression
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