Thanks for the invitation to speak.
We have heard this morning of several serious examples of transnational repression (TNR) carried out against people living in Germany by governments of countries such as China and Vietnam. These examples reinforce the view of Human Rights Watch that TNR represents a major threat to the protection of human rights globally and that urgent action is needed to tackle it and to protect those targeted by TNR, including by Germany.
This question of what German authorities can do is the focus of my comments and I'll outline some recommendations.
Before that, let me highlight one aspect of TNR we have not discussed today, as it helps our understanding of what Germany needs to change. This aspect is the role of deportations by German authorities to countries practicing TNR. Germany has suspended deportations to some countries, including of exiled opposition activists. This is not the case with Tajikistan, an authoritarian country in Central Asia. A number of Tajiks who are critical of their government live in Germany. They have held regular protests here. Tajikistan is well known for practicing TNR in Germany - for instance they surveil such protests, identify the protesters on videos and then, back in Tajikistan, harass the relatives of these protesters.
Germany has a responsibility to protect the free speech rights of everyone living here including Tajik activists. But Germany is failing on this in one important area. Since early 2023 three Tajik activists have been deported from Germany to Tajikistan, including two cases HRW has followed closely, those of Abdullohi Shamsiddin and Dilmurod Ergashev. In each case the activists were immediately arrested on arrival in Tajikistan due to their peaceful protests in Germany. The two men deported in 2023 have been given lengthy prison sentences. There is also evidence the men have faced mistreatment and torture in jail - practices extremely common in Tajik prisons.
All three men had failed to gain asylum in Germany, but under human rights law Germany has a responsibly to not deport them back to Tajikistan - because there is a huge risk that they will be tortured. We know that Tajikistan wanted these men returned so it's a grave concern that German authorities, through their deportation policy, are helping Tajikistan carry out its TNR.
The deportation of activists to jails "at home" where they face arbitrary detention and abuse must stop. Germany needs a better approach to this and other aspects of TNR.
What could this better approach look like?
One group in a good position to make suggestions is the alliance of NGOs in Germany called the Coalition against TNR. HRW is working with this Coalition. These NGOs bring together exiled communities supporting democracy and human rights in their home countries, including in China, Tibet, Hong Kong, Egypt, Belarus and Afghanistan. Individual members of these groups have experienced TNR in Germany so hearing their perspectives is important.
Urgent action is needed in four areas, according to this coalition, all involving better teamwork between relevant authorities including the foreign and interior ministries, asylum and migration agencies and other bodies. Some progress has already been made, but much more is needed. First, much better monitoring of cases of TNR in Germany is needed. This includes doing a survey of how widespread TNR is and what forms it takes. And we need a reliable contact point within a German authority to collect TNR complaints.
Second, effective responses by authorities. These authorities, including police and security bodies, need to develop a common understanding of what TNR is and how to effectively tackle it. Better rapid response protection for vulnerable people is needed too.
Third, better support for victims of TNR including good advice on the range of help needed, and training for those handling asylum claims, police and others on helping those being targeted.
Finally, prevention is vital too. This includes proposals for necessary legal changes in Germany, and foreign policy tools to penalize governments that practice TNR in Germany and elsewhere.
The issue of prevention is already being discussed in the case of Tajikistan. For instance Frank Schwabe, SPD human rights spokesperson has proposed that in cases where there is a danger an activist will be deported to jail and torture in their home country, the foreign ministry should have the power to veto such a move.
As I finish, I urge us all to examine this proposal and others, so that the sort of cases we have heard about today no longer occur. At this time of year we are looking for things to do better in the new year, for new year's resolutions. Stopping transnational repression would be a good place to start.
Thanks for your attention.
The hearing was organized by the human rights spokesperson of the FDP (Liberal Free Democrats) parliamentary group in the German parliament.
