Transnational Human Rights Violations: Addressing the Evolution of Globalized Repression through National Human Rights Institutions

Abstract

Abstract Transnational Human Rights Violations (THRV) are infringements of individual rights that originate outside the jurisdiction in which they take effect. Ranging from violent and criminal forms of transnational repression through to coercion against targets’ family members abroad, digital surveillance, and legal intimidation, THRVs today generate widespread and systemic constraints on the exercise of human rights in jurisdictions around the world. At present, however, targets of THRVs typically find few avenues through which to raise complaints, receive assistance or pursue redress. This article proposes a new domestic institutional mechanism to directly address this situation. It first examines the mutually reinforcing, additive effects of transnational surveillance, coercion and censorship in the digital era. Next, it identifies relevant human rights standards showing state responsibilities to monitor and counter THRVs within their jurisdiction, and the growing recognition of additive, systemic effects of THRVs on broad populations. The third section examines policy responses in the United States, Australia, United Kingdom, and international organizations, noting that none has adequately addressed the contemporary nature and scope of THRVs as international standards require. The final section argues that to meet their obligations, states should establish Transnational Rights Protection Offices (TRPOs) to provide a clear contact point for targets to raise complaints and receive support; monitor and report on the situation of THRVs taking effect within the state’s jurisdiction; advise and inform government departments on THRV issues; and develop evidence-based policy recommendations. We conclude by laying out the rationale for its institutional status within National Human Rights Institutions (NHRIs).