Dismantling the
Tools ofreport
Oppression
INTERPOL
2018
FATF Recommendation 8
Recommendation 8 was adopted by the
FATF, the intergovernmental body set up
to tackle international money-laundering,
not long after the ‘9/11’ terror attacks,
out of concerns that non-profit organisations
were particularly vulnerable to abuse by
terrorist organisations. It called on countries
to ensure that non-profit organisations
were not being used conceal financial
transactions relating to terrorist activities.
Although Recommendation 8 was intended
to protect non-profit organisations, its
broad wording resulted in several countries
adopting laws that severely restricted
the funding of legitimate civil society
organisations, and compromised their
activities. In 2016, Recommendation 8 was
amended further to the efforts of various
non-profit organisations to make sure that
any laws regulating non-profit organisations
are “focused and proportionate”.143
155. However, there is also a risk that, as a result
of INTERPOL’s recent reforms, and the
strengthening of its protections against
the misuse of its systems, countries might
begin to use alternative mechanisms
without similar protections to track, harass,
and undermine political dissidents, human
rights defenders, and others. International
criminal justice cooperation should take
place within a rules-based framework,
such as the kind provided by INTERPOL,
and INTERPOL should be alert to the risk
that its own ability to ensure that
international police cooperation takes
place effectively could be undermined,
if countries use alternative mechanisms.
There are signs that this is already starting to
happen, and one example of this is Turkey’s
increasing use of its ‘terrorist search’
(‘Teror Arananlar’) website.
154. It is unlikely that INTERPOL and FATF
are isolated examples of the misuse of
international mechanisms. Indeed,
alongside the shrinking space for civil
society there is growing global pressure
for countries to co-operate to fight crime
and to increase technological capacity to
exchange growing quantities of data for this
purpose. Use of sanctions, so-called ‘terror
lists’ and pre-emptive security measures
all carry the risk of abuse by states seeking
to silence legitimate human rights activism
and are likely to become an issue of growing
concern in the coming years. Having made
such positive steps to ensure that it is not
facilitating cooperation at the expense of
fundamental human rights, the change
achieved already by INTERPOL serves as
an example of good practice for other
cooperation mechanisms.
Iva Dobichina, ‘The Big Impact of the Little-Known “Recommendation 8”’, Open Society Foundations (11 July 2016) Available at:
https://www.opensocietyfoundations.org/voices/big-impact-little-known-recommendation-8
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