DEFENDING
DEMOCRACY IN EXILE
Policy Responses to
Transnational Repression
espionage” or similar activities might help law enforcement
address transnational repression. Study of this issue should
include any possible negative spillover effects for refugees and
migrants themselves.
Create a screening process for diplomatic visas to
prevent the entry or accreditation of diplomatic
personnel with a history of harassing, intimidating,
or harming their diasporas. Doing so could prevent
transnational repression before it occurs. If diplomatic
personnel already within the United States are found to be
engaging in transnational repression, they should be designated
personae non gratae and expelled, or held accountable under
law when appropriate.
Give extra scrutiny to export licensing applications
from companies exporting products to countries
whose governments engage in human rights abuses,
especially those previously identified as perpetrators
of transnational repression. The United States, Australia,
Denmark, and Norway, supported by Canada, France, the
Netherlands, and the United Kingdom, recently announced
the Export Controls and Human Rights Initiative, intended to
“help stem the tide of authoritarian government misuse of
technology and promote a positive vision for technologies
anchored by democratic values.” The United States also
recently 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.” When implementing these new initiatives
and policies, the United States should consult research by
Freedom House and other human rights organizations to
determine whether there is a risk that the exported items
could enable human rights abuses. Extra scrutiny should be
given to the export of items that could enable transnational
repression, especially if those items are intended for countries
whose governments have been identified as perpetrators of
transnational repression.
Apply the voice, vote, and influence of the US
government to limit the ability of Interpol member
countries to target critics through misuse of Red Notices
and other alerts. Interpol’s executive leadership includes
representatives of governments notorious for perpetrating
human rights abuses, including transnational repression. In
November 2021, Ahmed Naser al-Raisi of the United Arab
Emirates (UAE) was elected president of Interpol; he is the
subject of lawsuits filed in the United Kingdom, Sweden,
Norway, France, and Turkey accusing him of complicity in
14
@FreedomHouse
torture inside UAE’s prisons. The UAE has also cooperated
with other countries engaging in transnational repression
and has engaged in transnational repression of its own. In
that same election, Hu Binchen, deputy director general of
the Chinese public security ministry, was elected to Interpol’s
executive committee. The government of China conducts
the most sophisticated, global, and comprehensive campaign
of transnational repression in the world. Al-Raisi and Hu
join senior Interpol officials from Turkey and India, whose
governments have also engaged in transnational repression.
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, reduce opportunities for abuse, and support the
candidacy of individuals for leadership positions who will
enforce Interpol’s commitment to human rights.
Prohibit the use of Interpol notices on their own to deny
immigration or asylum benefits or conduct arrests.
At present, ICE can and does use Interpol notices as proof
of an immigration offence to invalidate an individual’s legal
visa and to challenge a claim for asylum. Though it is unclear
how frequently this occurs each year, this practice leads to
detention and the risk of deportation. To ensure perpetrators
are not able to mislead agents of the US government into
aiding and abetting acts of transnational repression, law should
require that notices issued by countries with which the US
does not have an extradition agreement be independently
verified before they are applied against individuals in the US on
lawful visas or making a claim for asylum. Current Department
of Justice policy prohibits the arrest of an individual solely on
the basis of an Interpol Red Notice because these notices do
not meet the probable cause standard of the Constitution. This
policy should be codified.
The Department of Homeland Security’s Office of
Inspector General should investigate the extent to
which Interpol notices are used to invalidates visas or
as probable cause to believe that a person applying for
asylum has committed a serious nonpolitical crime. The
report should include detailed information on the number of
incidents where ICE or DHS use Interpol notices as evidence
against a noncitizen in the United States, the countries that
issued the notices that were used, the claims included in those
notices, whether any of the cases would count as transnational
repression, and detailed recommendations for ensuring that US
immigration officials and judges are not unwittingly complicit in
acts of transnational repression.
#TransnationalRepression