Freedom House
play a key role in raising the cost of transnational repression.
The Biden administration should:
•
•
Impose targeted sanctions on perpetrators and
enablers of acts of transnational repression that fall
within the bounds of existing law. Current law allows
sanctions on perpetrators of serious human rights abuses
and those who assist them, including for abuses such
as assassinations and renditions, which are some of the
most serious forms of transnational repression. In many
cases, transnational repression operations are carried out
by specific units of intelligence agencies. The individuals
directing these units to act, the units themselves, and the
individual members of these units should be sanctioned.
Work with Congress to ensure robust funding
for 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. The US Congress has provided modest dedicated
funding for sanctions enforcement, but funding for
additional staff would be useful in reducing the existing
backlog. The Biden administration should direct senior
staff at each relevant agency to make the implementation
of targeted sanctions a key priority and should ensure
the president’s budget requests include the funding levels
required for robust enforcement.
Ensure the United States maintains a robust
refugee resettlement program to protect victims
of transnational repression and others fleeing
persecution. As Congress noted in the creation of 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 resettlement
program back to historical levels and work with
Congress to provide adequate funding for this
purpose. Each year, the president and Congress work
together to set an annual cap on the number of allowable
refugee admissions for that year, with a high of 207,116
in 1980, a low of 22,517 in 2018, and an average annual
acceptance rate of 77,561. The Biden administration should
uphold the United States’ historical position on refugee
admittance, which rightly seeks to protect those who need
protection, by working with Congress to welcome as many
refugees as possible.
•
Revoke the president’s September 2019 executive
order permitting states and localities to prevent
resettlement.
•
Ensure transparent admittance criteria that do not
discriminate inappropriately, such as on the basis of
race or religion.
When reviewing export licensing applications, give
extra scrutiny to applications for companies exporting
products to countries rated as Not Free or Partly Free
by Freedom House. In October of 2020, the US Department
of Commerce’s Bureau of Industry and Security (BiS) updated
its licensing policy to restrict the export of items if there is
“a risk that the items will be used to violate or abuse human
rights” (15 C.F.R. §742.7(b)). In applying this updated policy,
the Biden administration should consult research by Freedom
House and other credible human rights organizations to
determine whether there is a risk of human rights abuse,
including transnational repression, for exported items.
Particular caution in granting applications should be applied
for products being exported to countries rated by Freedom
House as Partly Free or Not Free. Nearly all perpetrators of
transnational repression are countries with these ratings.
Ensure that personnel of the US State Department
and other relevant agencies, stationed both in the
United States and overseas, are trained to recognize
and address transnational repression. US diplomats
and personnel can play a key role in protecting exiles who
are targeted. Timely diplomatic intervention, whether
public or private, in isolation or in coordination with
other states, can be the difference between an unlawful
deportation and freedom for a targeted individual. The State
Department should:
•
Add training on identifying transnational repression
threats, and on the relevant laws that can be invoked
to combat them. Like those on human trafficking
and other key issues, training programs would help US
officials recognize and mitigate the threat of transnational
repression when they encounter them in the course
of their jobs.
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