Changes from report parliamentary committee draft to plenary report

Parliament has called for this INI report among growing awareness and documentation around transnational repression (TNR). It provides a comprehensive analysis and recommendations to EU institutions and Member States to facilitate, expand and strengthen the protection of Human Rights Defenders (HRDs) subject to TNR by third countries, whose authorities and proxies have worked tirelessly to silence, intimidate or harass defenders in their host countries. Actions include physical harm, surveillance, legal pressure, digital threats, abductions, extradition and deportation requests, threats against family members, as well as unlawful killings.

TNR by authoritarian regimes works domestically by deterring dissent and denying safety to defenders and their families; as well as externally, by testing host countries and their capacity to respond and protect defenders, thus exposing the fragility of their legal systems. It violates fundamental human rights, undermines the rule of law and democracy, and threatens national sovereignty and security through foreign interference. As a result, civic space is shrinking across the world while HRDs reporting abuse and authoritarian practices are silenced and prevented from informing their communities.

Yet neither the international nor the European legal framework provides for a shared conceptual framework or definition, let alone a coordinated, intergovernmental EU-level response made of preventive and protective measures.

State perpetrators take advantage of legal gaps and the scarcity of official data. Using ever more insidious tactics, they rely on non-state actors or “proxies” to carry out repression beyond their borders and jurisdiction, such as private spyware and surveillance companies, organised crime networks or affiliated diaspora groups.

Digital platforms, communication technologies, social media paltforms and other emerging instruments such as artificial intelligence have exacerbated risks including gender-based digital repression, cyber-harassment, disinformation and bullying, constituting additional obstacles to upholding accountability.

Host states must abide by their obligations under international human rights law, embed TNR in their national legislations, raise awareness, provide training to all relevant agencies and staff, and support victims seeking justice.

The EU has intensified its support to HRDs but needs stronger accountability mechanisms, improved inter-agency coordination and greater corporate responsibility. Europol’s mandate should be broadened so the agency is empowered to assess and carry out due diligence in regard to politically motivated Interpol red notices and their link to TNR. Other improvements include updating the EU Guidelines on HRDs to feature transnational repression, extending the mandate of ProtectDefenders.eu, establishing data collection and monitoring mechanisms, and streamlining visa policies and residence regimes.

As for digital TNR, it should be addressed through stringent regulations on enablers of TNR, such as spyware industries and social media, notably through preventing spyware export to authoritarian regimes for which TNR acts have been evidenced and the effective enforcement of the EU Digital Services Act.

On the external stage, the EU must make TNR an integral part of EU foreign policy action and, notably by raising the transnational repression issue within its Human Rights Dialogues with third countries and other international fora, enforcing the human rights conditionality on bilateral agreements and financial assistance, and impose targeted sanctions when necessary.