Transnational Repression

Transnational Repression*

The Chinese government has degraded human rights and threatened democratic freedoms globally. While many victims of transnational repression are high-profile human rights defenders, activists, dissidents, and journalists, others have been subjected to extraterritorial violence of doing things that most people living in democracies would see as mundane: practicing their religion, attending a protest, or expressing their frustration with the government in private, online, or in print. China operates its sprawling system of transnational repression by working through the legal and political systems of foreign countries—including detentions, extraditions, and joint border patrols—and often using diplomatic staff at embassies and consulates, run through China’s Ministry of Foreign Affairs.

 This statement will provide cases of scholars, human rights activists, and independent civilians who have been harassed and threatened by Chinese embassies and agencies over their democratic right to free expression. The CCP’s violation of human rights and freedom has transcended borders, from cyberattacks, Confucius Institutes, infiltration of Western media to physical attacks of activists and abduction of foreign citizens.

 Gui Minhai is an imprisoned publisher whose story serves as one example of how China’s overreaching power of transnational repression must be stopped. In October 2015, Gui Minhai, a naturalized Swedish citizen, was kidnapped from his apartment in Thailand by Chinese secret police. He disappeared for 3 months and then suddenly appeared in a forced confession for China’s state media. After being detained for two years, he was released, but a few months later he was taken away again in front of Swedish diplomats. China’s abductions of Gui Minhai and the Causeway Bay booksellers[1] demonstrate a blatant disregard for established principles of international law and human rights and highlights the far-reaching legal and political repercussions of China’s decision to carry out extra-judicial and extra-territorial operations.

 Many overseas journalists, scholars, writers and activists were harassed or assaulted for being critical of Beijing. Professor Anne-Marie Brady at the University of Canterbury in New Zealand, after writing a prominent report on China’s political interference, encountered theft of her computer from her home in February 2018 and her car tires deflated in November.[2] Her colleagues in China were taken in for questioning. Her work condemned the presence of Confucius Institutes in New Zealand universities, which have long been known to market the Chinese government’s propaganda schemes. Vicky Xu, a journalist and researcher working in Australia, faced immense harassment campaigned by the Chinese authorities. Her father in China was also targeted.[3] The only reason was her writing about the atrocities against the Uyghurs.

Benedict Rogers is a well-known human rights activist, journalist and author. After the pro-democracy protests, he formed Hong Kong Watch with several colleagues in London in 2017, which led to the yellow umbrella movement. In October 2017, Mr. Rogers was denied entry to Hong Kong by the Hong Kong authority and immediately sent on a flight out of the country. His work on exposing the CCP's repression and violent takeover of Hong Kong led to the most blatant and egregious form of Transnational repression when on March 10, 2022, he received a letter from the Hong Kong Authority threatening him with up to 100,000 Hong Kong dollars fine and from three years to life imprisonment if he did not take down the Hong Kong Watch web site and ceased his activities on highlighting repression, standing with Hong Kong citizens and promoting freedom and democracy in Hong Kong.

Before the global pandemic, Global news reporter and author Sam Cooper received some intelligence that the Chinese Communist Party's united front operatives were actively repatriating PPE back to China. His research resulted in a major national news story published by Global News[1]. Other news outlets around the world picked up the story. Cooper and Global were immediately threatened with legal action by key United Front figures tied to transnational organized crime and various fake benevolent associations like CACA that obfuscate the true intentions of the CCP in their influence operations in every country around the globe.

 A Canadian citizen, Louis Huang, co-founder of the Vancouver Chinese Human Rights Watch Group, was beaten and injured by the mob sent by Guo Wengui, a former spy working for the Chinese Ministry of State Security.[4] Earlier, journalist Yuan Li was severely assaulted and robbed by two armed thugs at his home in Atlanta. The robbery was allegedly connected to the Chinese government for political reasons.[5]

This inexcusable harassment by Chinese officials is a threat to not only freedom of expression but personal safety. China’s transnational repression has put many people in a perpetual state of fear for their lives and their rights.

Dozens of family members of at least six Uyghur journalists have been detained in China as retaliation for their reporting. China’s campaign to suppress Uyghurs threatens global communities with imprisonment and torture in police custody: since 2017, China has embarked on an unprecedented campaign of mass repression, detaining an estimated 1.8 million Uyghurs and others in internment camps, the prison system, or labor camps. Bradley Jardine’s “No Spaces Left to Run” report said that since 1997, the PRC has engaged in transnational repression in 44 countries.[6] As of January 2022, there were 1,574 publicly reported cases of detentions and refoulements of Uyghurs to China, where they faced imprisonment and torture in police custody.

The campaign is so widespread that almost every Uyghur diaspora member now has family in police custody.

Ahmed Talib is a Uyghur Muslim who was deported to China in 2018 from UAE where he lived and worked.[7] Talib is not the first nor the only publicly reported case of detention and refoulement of Uyghurs to China. Gulshan Abbas is a Uyghur Muslim doctor who has been sentenced to 20 years of jail in China because of activism of her family members.[8] Abbas’s forcible disappearance, detainment, and harsh sentencing by the CCP is evidence of a family suffering the consequences of speaking out against a government that has no respect for human rights.

Interpol Red Notices, which request to law enforcement worldwide to locate and arrest an individual, have become China’s ploy to override weak democracies and technologies overseas. Hushtar Isa was targeted through Interpol Red Notices and has been sentenced to life in prison in retaliation for the actions of his brother Dolkun Isa—president of World Uyghur Congress.[9] Dolkun’s work focuses on establishing democratic freedoms and recognition of the Uyghur Genocide, yet his brother’s imprisonment is an example of retaliation by the Chinese government targeting families of human rights activists.

Hong Kong’s National Security Law has created major distress and threatened democratic freedoms for citizens abroad. The law has been used to target government opposition and highlights the unusual decision to make the law applicable beyond China’s borders. Article 38 of the law states that individuals travelling to or transiting to Hong Kong, or flying on Hong Kong airlines, could be arbitrarily detained if they have said or done anything that might anger Beijing.  The arrest warrant case of US citizen Samuel Chu—head of Hong Kong Democracy Council, an advocacy organization dedicated to furthering Hong Kong’s freedom and democracy—and other rights activists sends a clear message to other activists. Other activists charged were Ray Wong, Wayne Chan, Honcques Laus.[10] A UK-based activist, founder of Hong Kong Watch, received warnings from HK’s Security Bureau that he might face financial penalties and life imprisonment. [11]

On July 7, 2022, the Department of Justice released a statement calling for immediate attention to the PRC’s transnational repression schemes by authorities in the United States.[12] Five men were indicted for crimes related to instances attempting to silence critics of the PRC residing in the United States. Defendants include Federal Law Enforcement Officer Craig Miller and Private Investigator Derrick Taylor who were charged with obstruction of justice for allegedly destroying evidence after they were approached by FBI agents and asked about their procurement and dissemination of sensitive and confidential information from a restricted federal law enforcement database regarding U.S.-based dissidents from the PRC. Fan Liu, Matthew Ziburis, and Qiang Sun of the PRC were charged in March 2022 with allegedly perpetrating a transnational repression scheme that targeted U.S. residents whose political views and actions are disfavored by the PRC government. This case exposes attempts by the government of the PRC to suppress dissenting voices within the United States. Actions taken by the defendants demonstrate how the PRC seeks to stalk, intimidate, and silence those who oppose it.

Transnational repression exists as a part of a wider trend of global authoritarianism that threatens to erode democratic norms worldwide. China’s global campaign of repression and harassment—both physical and mental—of individuals living abroad has shifted from Central Asia to Southeast Asia, the Middle East, and the rest of the map. Safeguard Defenders released an investigative report monitoring China’s growing global transnational repression schemes. As of 2022, China has established 54 illegal policing stations across five continents. Roughly 230,000 Chinese fugitives have been persuaded to return to China to face potential criminal charges for actions that go against the regime.

Tools of persuasion include denying the target’s children in China the fundamental right to education. These policing operations often use local “Chinese Overseas Home Associations” linked to the CCP’s United Front Work: “Abandoning any pretext of due process or the consideration of suspects’ innocence until proven guilty, targeting suspects’ children and relatives in China as ‘guilty by association’ or ‘collateral damage,’ and using threats and intimidation to target suspects abroad, is now becoming an endemic problem.”[13] The numerous cases of forced detention, threats to freedom of expression and safety breach fundamental rights and basic personal freedoms. Yet, China remains one of the world’s most influential countries, and because of this, few on the international stage are willing to speak out about the PRC’s repression and internment of individuals and communities around the world.

CDF recommends and supports free speech protection legislation and punishment of perpetrators who threaten such democratic and human rights. More importantly, it is imperative international institutions are made aware of China’s international human rights violations and prevent further complicity in China’s overseas suppression. When human rights atrocities occur, the world must speak out publicly on behalf of the victims. All relevant stakeholders, including public and private donors, should redouble their efforts to protect and defend civil society and independent media from attempts by China and others to stifle and repress their important human rights monitoring work.

References

Bonyhady, Nick. “Outspoken journalist in Australia and father in China harassed online.” The Sydney Morning Herald. Last modified September 6, 2019. https://www.smh.com.au/politics/federal/outspoken-journalist-in-australia-and-father-in-china-harassed-online-20190905-p52oau.html.

 “Brother of World Uyghur Congress President Sentenced to Life in Prison in China’s Xinjiang.” Radio Free Asia. Last modified June 1, 2021. https://www.rfa.org/english/news/uyghur/hushtar-isa-06012021175745.html/ampRFA.

Gabbatt, Adam. “China uses Hong Kong security law against US and UK-based activists.” The Guardian. https://www.theguardian.com/world/2020/jul/31/china-hong-kong-security-law-american-citizen-exiles.

 Huffadine, Leith. “Professor Anne-Marie Brady, who warned about China interference, says car was sabotaged.” Stuff. Last modified November 16, 2018. https://www.stuff.co.nz/national/108649435/professor-annemarie-brady-who-warned-about-china-interference-says-car-was-sabotaged.

Jardine, Bradley, Edward Lemon, and Natalie Hall. “No Space Left to Run: China’s Transnational Repression of Uyghurs.” Uyghur Human Rights Project. Digital file.

“Journalist with ‘Epoch Times’ assaulted in Atlanta; newspaper accuses Chinese authorities.” Reporters Without Borders. Last modified February 14, 2006. https://ifex.org/journalist-with-epoch-times-assaulted-in-atlanta-newspaper-accuses-chinese-authorities/.

Kashgarian, Asim. “Exiled Uyghurs Fear China’s Reach.” VOA News. Last modified May 16, 2022. https://www.voanews.com/amp/exiled-uyghurs-fear-china-s-reach/6575667.html.

 Mackin, Bob. “Surrey assault victim: ‘They attack the real anti-CCP, actual pro-democratic activists.’” theBreaker.news. Last modified February 3, 2021. https://thebreaker.news/news/surrey-protest-victim-talks/.

 “110 Overseas - Chinese Transnational Policing Gone Wild.” Safeguard Defenders. Last modified September 12, 2022. https://safeguarddefenders.com/en/blog/230000-policing-expands.

 “Security Bureau threatens UK-based Hong Kong Watch founder with life imprisonment; NGO says it won't disband.” Hong Kong Free Press. Last modified March 14, 2022. https://hongkongfp.com/2022/03/14/security-bureau-threatens-uk-based-hong-kong-watch-founder-with-life-imprisonment-ngo-says-it-wont-disband/.

“Uyghur activist’s sister sentenced to 20 years of jail in China, US calls for her release.” ANI. Last modified January 3, 2021. https://www.aninews.in/news/world/asia/ugyhur-activists-sister-sentenced-to-20-years-of-jail-in-china-us-calls-for-her-release20210103194345/.

 “Writing on the Wall: Disappeared Booksellers and Free Expression in Hong Kong.” PEN America, November 5, 2016. Digital file.

The United States Department of Justice. https://www.justice.gov/opa/pr/five-men-indicted-crimes-related-transnational-repression-scheme-silence-critics-people-s.

 Transnational Repression Report 2021 Case Studies: China, Freedom House.

https://freedomhouse.org/report/transnational-repression/china

*Definitions of Transnational Repression

FBI Definition

Some countries’ governments harass and intimidate their own citizens living in the U.S. These governments may also target naturalized or U.S.-born citizens who have family overseas or other foreign connections. This violates U.S. law and individual rights and freedoms.

 A Broader definition

“Transnational repression” is a term used to describe how countries silence their exiles and diasporas abroad. It encompasses a spectrum of tactics, from assassinations, to renditions, to spyware, to intimidation of exiles’ family members who have stayed behind. As a transnational phenomenon, it is inseparable from broader trends of globalization.

The repression is also extended to journalists, academics, human rights activists and publishers who may be active in any sovereign country while exercising their constitutional rights to free and fair speech and freedom of assembly.  Those individuals come under cyber, mail and even physical attacks for speaking out against authoritarian regimes the world over.

Endnotes

[1] “Writing on the Wall: Disappeared Booksellers and Free Expression in Hong Kong,” PEN America, November 5, 2016, digital file.

[2] Leith Huffadine, “Professor Anne-Marie Brady, who warned about China interference, says car was sabotaged,” Stuff, last modified November 16, 2018, https://www.stuff.co.nz/national/108649435/professor-annemarie-brady-who-warned-about-china-interference-says-car-was-sabotaged.

[3] Nick Bonyhady, “Outspoken journalist in Australia and father in China harassed online,” The Sydney Morning Herald, last modified September 6, 2019, https://www.smh.com.au/politics/federal/outspoken-journalist-in-australia-and-father-in-china-harassed-online-20190905-p52oau.html.

 [4] Bob Mackin, “Surrey assault victim: ‘They attack the real anti-CCP, actual pro-democratic activists,’” theBreaker.news, last modified February 3, 2021, https://thebreaker.news/news/surrey-protest-victim-talks/.

[5]  “Journalist with ‘Epoch Times’ assaulted in Atlanta; newspaper accuses Chinese authorities,” Reporters Without Borders, last modified February 14, 2006, https://ifex.org/journalist-with-epoch-times-assaulted-in-atlanta-newspaper-accuses-chinese-authorities/.

[6] Bradley Jardine, Edward Lemon, and Natalie Hall, “No Space Left to Run: China’s Transnational Repression of Uyghurs,” Uyghur Human Rights Project, digital file.

[7] Asim Kashgarian, “Exiled Uyghurs Fear China’s Reach,” VOA News, last modified May 16, 2022, https://www.voanews.com/amp/exiled-uyghurs-fear-china-s-reach/6575667.html.

[8] “Uyghur activist’s sister sentenced to 20 years of jail in China, US calls for her release,” ANI, last modified January 3, 2021, https://www.aninews.in/news/world/asia/ugyhur-activists-sister-sentenced-to-20-years-of-jail-in-china-us-calls-for-her-release20210103194345/.

[9] “Brother of World Uyghur Congress President Sentenced to Life in Prison in China’s Xinjiang,” Radio Free Asia, last modified June 1, 2021, https://www.rfa.org/english/news/uyghur/hushtar-isa-06012021175745.html/ampRFA.

[10] Adam Gabbatt, “China uses Hong Kong security law against US and UK-based activists,” The Guardian, https://www.theguardian.com/world/2020/jul/31/china-hong-kong-security-law-american-citizen-exiles.

[11] “Security Bureau threatens UK-based Hong Kong Watch founder with life imprisonment; NGO says it won't disband,” Hong Kong Free Press, last modified March 14, 2022, https://hongkongfp.com/2022/03/14/security-bureau-threatens-uk-based-hong-kong-watch-founder-with-life-imprisonment-ngo-says-it-wont-disband/.

[12] The United States Department of Justice, https://www.justice.gov/opa/pr/five-men-indicted-crimes-related-transnational-repression-scheme-silence-critics-people-s.

[13] "110 Overseas - Chinese Transnational Policing Gone Wild," Safeguard Defenders, last modified September 12, 2022, https://safeguarddefenders.com/en/blog/230000-policing-expands.