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The Persecution of the Uighurs and Potential Crimes Against Humanity in China

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The Persecution of the Uighurs and Potential Crimes Against Humanity in China The Persecution of the Uighurs and Potential Crimes Against Humanity in China The treatment of Uighurs and other Turkic Muslim According to Adrian Zenz, a leading expert on the issue, minorities in China’s Xinjiang Uighur Autonomous “There is virtually no Uighur family without one or more Region (XUAR) has increased concerns over the risk of members in such detention, and a rising number of potential atrocity crimes in China. The arrival of Chen Kazakhs and other Muslim minorities are likewise Quanguo as Chinese Communist Party Secretary in affected.”6 Reports suggest that in some cases, all adults charge of XUAR in August 2016, along with a 92 percent of an extended family have been detained.7 As a result, increase in security spending in Xinjiang from 2016-17, children are treated as de-facto orphans and reportedly resulted in a dramatic increase in the scale and intensity taken into state-run child “welfare centres” while their of social and religious control in the region.1 China’s blunt parents and extended family members undergo “re- approach to combatting religious extremism has resulted education training” sessions on Mandarin, Chinese law, in large-scale arbitrary detention, severe restrictions on ethnic and national unity, de-radicalisation and religious practice, and pervasive surveillance and control patriotism.8 of the Muslim population of Xinjiang. Such actions may constitute crimes against humanity perpetrated against Detention for “re-education training” is reported to last the Uighurs and other Turkic Muslim minorities. anywhere from three months to two years.9 Zenz has characterized the scale and pervasiveness of the program as China’s “most intense campaign of coercive social MASS DETENTION AND ‘RE-EDUCATION’ reengineering since the end of the Cultural Revolution.”10 Along with the mass detention program, over the past Currently, approximately one million Uighurs and other year China has expanded its already large police presence Turkic Muslim minorities are reportedly being detained and sweeping surveillance system in Xinjiang. Chinese in “re-education” or “de-extremification” facilities for authorities have implemented systems that monitor the minor or seemingly arbitrary infractions without formal daily lives of Uighurs, including what they read, the charges, due process rights or access to legal content of their communications, and the people with representation.2 Some former detainees have reported whom they interact.11 Data is reportedly used to profile that while in state custody they were subjected to abuse persons at risk of extremist thought or violence, which is and torture, ill-treatment and forced political the basis for people being sent to re-education programs. indoctrination.3 Family members both within China and Authorities also reportedly collect DNA during medical overseas also report that they have extremely limited check-ups, install a GPS tracking system on all vehicles, access to information about persons held in detention.4 and monitor and control all mobile and online communications.12 Concern over the widespread nature of the disappearances was recently reinforced by the Due to its “big data” surveillance program, constant #MeTooUyghur twitter campaign, which called for police patrols, and grid system of police checkpoints, “proof of life” videos of missing relatives in Xinjiang after Xinjiang has been characterised as “one of the most Chinese authorities released a video of the famous Uighur heavily policed places on earth.”13 The impact of such musician Abdurehim Heyit to dispel rumours of his death pervasive surveillance and social control on the local in detention during February 2019.5 people’s basic rights and fundamental freedoms is a grave concern, and if left unchecked, may amount to April 2019 widespread or systematic persecution of an entire people surveillance system in Xinjiang may also amount to the on the basis of their religious and cultural identity. crime against humanity related to “other inhumane acts… causing great suffering, or serious injury to body or The dramatic expansion of detention and surveillance to mental or physical health.”18 programs in Xinjiang has occurred against the backdrop of increasing restrictions on religious practice in the The Rome Statute also identifies persecution on religious region. In March 2017 XUAR authorities passed the or cultural grounds as a crime against humanity, and Regulation on De-extremification, which prohibits a defines persecution as “the intentional and severe range of “extreme” behaviors, such as expanding the deprivation of fundamental rights contrary to concept of halal; “abnormal” beards; wearing face international law by reason of the identity of a group or covering veils in public places; and refusing to engage in collectivity.”19 Reports from the UN, independent media state-sponsored cultural or education programs.14 and various credible NGO sources describe severe restrictions on religious practices that indicate that the At a national level, in recent years China has introduced crime of persecution may also apply to the treatment of new social and religious regulations under amendments Turkic Muslims in Xinjiang. to Criminal Law and the adoption of the National Security Law of 2015, the Counter-Terrorism Law of The Rome Statute of the ICC sets four criteria or 2016, the Cybersecurity Law of 2017 and the Revised conditions for assessing the commission of crimes Regulations on Religious Affairs of 2018. UN human against humanity, which occur when: (1) any of the rights experts have expressed concern that amendments proscribed acts identified as crimes against humanity are to the legal code have “[e]stablished imprecise and too committed as part of a “widespread or systematic attack”; broad definitions on national security offenses related to (2) against a civilian population; (3) with knowledge of ‘terrorism’ and ‘extremism’ that enabled abusive, the attack; (4) “pursuant to or in furtherance of a State or arbitrary and discriminative prosecution and organizational policy to commit such an attack.” 20 conviction.”15 The large-scale nature of the detention program and patterns of reported abuses against Uighurs and other POSSIBLE CRIMES AGAINST HUMANITY Turkic Muslim civilians suggests that the first three criteria may apply to the situation in Xinjiang. Along with the consistent pattern of reported violations occurring at Egregious patterns of human rights violations that are multiple detention facilities, the fourth criteria may be directed or tolerated by governing authorities against evident in government policy documents, particularly populations over whom they wield control constitute pertaining to the XUAR March 2017 Regulation on De- possible crimes against humanity. Unlike war crimes, Extremification and the amendment thereto passed in crimes against humanity can occur in the absence of October 2018. armed conflict, in times of peace. Unlike genocide, they do not require evidence of an “intent to destroy in whole For all these reasons, the current treatment of Uighurs in or in part” a protected group, but instead pertain to a Xinjiang may constitute crimes against humanity under broader category of “widespread or systematic” attacks international law. If urgent measures are not against any civilian population.16 Crimes against implemented to end the current state of systematic humanity are universally prohibited under international persecution, there is a clear and imminent danger of law. further crimes against humanity occurring. The large-scale detention program, systematic abuse suffered by detainees, and lack of information regarding INTERNATIONAL CRITICISM the fate of persons in state custody in Xinjiang, could constitute at least three of the eleven acts of crimes against humanity defined under the Rome Statute of the Increased media attention and credible evidence of International Criminal Court (ICC), namely - worsening repression in Xinjiang has led to international “imprisonment or other severe deprivation of physical concern regarding the plight of China’s Turkic Muslims. liberty in violation of fundamental rules of international In August 2018 the UN Committee on the Elimination of law”; torture; and enforced disappearance of persons.17 Racial Discrimination likened Xinjiang to a “no rights The mental anguish, deprivation and pattern of abuses zone,” where Uighurs and other Muslim minority groups Turkic Muslims reportedly suffer under the crippling are “being treated as enemies of the State based on 2 nothing more than their ethno-religious identity.”21 The human rights violations in Xinjiang in a statement to the European Parliament passed a resolution in early regular session of the UN Human Rights Council on 25 October 2018 that characterised the situation as “the February, noting that there needs to be a distinction largest mass incarceration of an ethnic minority between “terrorists and innocent people.”29 population in the world today” and urged European Union (EU) officials “to send a strong message to the In a meeting with China’s ambassador to Islamabad in highest level of the Chinese Government to end the September 2018, Pakistan’s religious affairs minister, grotesque human rights violations.”22 Noorul Haq Qadri, was the first high-level official from a Muslim-majority country to raise concerns about the During China’s third Universal Periodic Review at the UN situation, cautioning that China’s tight regulations on Human Rights Council on 6 November 2018, several religious
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