International human rights groups, which are often based in Western host societies, need to monitor and
record cases of transnational repression in its various forms in a more systematic and active manner. Within
the United Nations, transnational repression currently falls between the mandates of different bodies
and therefore is not captured in its entirety. This should be corrected. Similarly, related initiatives focus
on specific regions or cover only selected forms of transnational repression.123 Academic research and
human rights advocacy therefore need to develop a comprehensive definition of transnational repression
and guidelines for studying it in order to facilitate rigorous documentation.
In general, host country governments need to be more aware of the extent and nature of harassment
that dissidents residing on their territories experience. The status of asylum-seeker or political refugee
fundamentally involves the need for assistance and protection in order to preclude further persecution.124
Practices of transnational repression, which violate the sovereignty of the host state as well as international
human rights and refugee protection standards, should be a topic of diplomatic pressure on the perpetrating
regimes. They cannot simply be ignored. Foreign policy makers need to consider these practices as actions
undertaken by increasingly assertive authoritarian states to undermine principles of liberal democracy, and
respond accordingly.125
New legislation may be required for appropriate action to be taken. In Europe and the United States, legal
instruments penalizing human rights violations by external actors cover only blatant forms of transnational
repression. Yet as this report has demonstrated, much of the repression that occurs today is that of a more
subtle variety. On a positive note, the US government recently introduced the “TRAP Act” to restrict the
ability of repressive governments to use Interpol to issue requests to detain and extradite political opponents
abroad.126 In order to respond to the broader range of tactics of transnational repression it is important to
familiarize and involve domestic agencies of law enforcement and so that they can more systematically use
the instruments provided by the rule of law. For instance, Scandinavian countries impose legal penalties
on foreign intelligence activities targeting dissidents in exile (so-called “refugee espionage”).127 Similarly,
cybercrime laws could be used to litigate against targeted surveillance and hacking attacks on civil society
activists.128
123
See, e.g., the Central Asian Political Exiles (CAPE) database of the University of Exeter Central Asian Studies Network, https://
excas.net/projects/political-exiles. A new project on transnational repression, launched in fall 2019 at Freedom House, seeks to
measure the scope and scale of transnational repression globally, with an emphasis on collecting data on physical attacks
against dissidents all over the world (website to be released).
124
UN High Commissioner for Refugees (UNHCR) (2014, February). Comments by the United Nations High Commissioner for
Refugees (UNHCR) on the Memorandum of 6 December 2013, proposing Criminalization of Refugee Espionage. https://www.
refworld.org/docid/5829ad6c4.html.
125
Brechenmacher, S., & Carothers, T. (2019). Defending Civic Space: Is the International Community Stuck? Working Paper,
Carnegie Endowment for International Peace. https://carnegieendowment.org/files/WP_Brechenmacker_Carothers_Civil_
Space_FINAL.pdf. Cooley, A. (2015). Authoritarianism Goes Global: Countering Democratic Norms. Journal of Democracy, 26 (3),
49-63.
126
Commission on Security and Cooperation in Europe (2019, September 12). Helsinki Commission Leaders introduce
Transnational Repression Accountability and Prevention (TRAP) Act. https://www.csce.gov/international-impact/press-and-media/press-releases/helsinki-commission-leaders-introduce.
127
Swedish Security Service. Refugee Espionage. https://www.sakerhetspolisen.se/en/swedish-security-service/counter-espio-
nage/refugee-espionage.html. The German domestic security agency also warns refugees, especially those from Syria and Iran,
of attempts to spy on and pressure dissidents in exile. Bundesamt für Verfassungsschutz. (2018). How can I identify extremists
and members of foreign secret services within my environment? https://www.verfassungsschutz.de/embed/publication-2018-02-important-information-for-refugees-in-germany.pdf.
128
McKune, S., & Deibert, R. (2017). Who’s watching Little Brother? Citizen Lab. https://citizenlab.ca/wp-content/
uploads/2017/03/citizenlab_whos-watching-little-brother.pdf.
37
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