sign in sign up
<<
Home , Kazakhs, No Mercy (UK), Uyghurs

Written evidence submitted by Amnesty International UK (XIN0046)

Submission to the Foreign Affairs Committee: Detention Camps,

October 2020

* This submission focuses on human rights in the Xinjiang Uyghur Autonomous Region (Xinjiang) in China.

Amnesty International Section The Human Rights Action Centre, 17-25 New Inn Yard, London EC2A 3EA Tel: 020 7033 1500 Fax: 020 7033 1557 www.amnesty.org.uk

Summary of key recommendations

The UK Government should  Take specific measures to ensure that , or others residing in the UK are protected from intimidation and other harassment by Chinese embassies and agents.

 Should ensure, in line with non-refoulement commitments already made and in accordance with its obligations under international law, that Uyghurs, Kazakhs or other Chinese nationals from Xinjiang are not transferred, directly or indirectly, to China if they were to face a real risk of serious human rights abuses.

 Ensure that any Uyghurs, Kazakhs or other Chinese nationals have prompt access to a fair and effective asylum process, legal counsel, a thorough assessment of the risks of human rights abuses they might face upon return and the ability to challenge any removal orders.

 Work with its international partners to stop all kinds of harassment and intimidation against Uyghurs, Kazakhs and other predominantly Muslim ethnic groups living overseas.

 Work actively with its international partners to Convene a Special Session of the UN Human Rights Council on the human rights situation in China and urgently create an independent international mechanism to address serious ongoing human rights violations.

 Call for the immediately release of all persons held in “de-extremification”, “transformation-through-education” or other facilities in Xinjiang, unless there is sufficient credible and admissible evidence that they have committed an internationally recognized offence, are transferred to recognized detention facilities, and are granted a fair trial in line with international standards and without recourse to the death penalty, and allow all those held to effectively legally challenge their continued detention.

 Use every available opportunity, including in the context of China’s membership of the Human Rights Council, to urge China to repeal or amend laws and regulations that arbitrarily restrict the exercise of human rights by Uyghurs and other ethnic minorities and ensure that any legal provisions aimed at protecting national security or counter-terrorism are clearly and narrowly defined, are non-discriminatory and conform with all international human rights law and standards.

 Continue to call for independent and unrestricted access to Xinjiang for independent human rights monitors, including the High Commissioner for Human Rights and relevant UN Special Procedures.

 Establish a new law to mandate companies to undertake human rights due diligence across their supply chains to prevent harms from taking place and to hold companies to account for when they fail to prevent human rights abuses.

Amnesty International UK Amnesty International UK is a national section of a global movement of more seven million people. We represent more than 600,000 individuals in the UK. We undertake research and action focused on preventing and ending grave abuses of all human rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. We are independent of any Government, political ideology, economic interest or religion.

Overview Since 2017, the Xinjiang authorities have been engaged in a massive campaign of intrusive , arbitrary detention, political indoctrination and forced cultural assimilation targeting the region’s Uyghurs, Kazakhs and other predominantly Muslim people. An estimated 1 million or more people have been held in “transformation-through-education” or “vocational training” centres, where they have endured a litany of human rights violations, apparently because of their ethnic or religious identity. According to some testimonies from former detainees, they were subjected to political indoctrination and those who resisted or failed to show enough progress reportedly faced punishments ranging from verbal abuse to food deprivation, solitary confinement, beatings and use of restraints and stress positions – likely to amount to violations of the absolute prohibition under international law of or other cruel, inhuman or degrading treatment or punishment.

What is the best form of support to offer to members of the Uyghur (and others) who are experiencing and harassment abroad?

1) Uyghurs, Kazakhs and other ethnic outside of China have been trying to find information about the situation of their family members in Xinjiang who have been or might have been detained.1 Many have been very reluctant to speak publicly, fearing possible retaliation against either themselves or other relatives in Xinjiang. But accounts collected by Amnesty from approximately 400 overseas Uyghurs, Kazakhs and members of other ethnic groups in 22 countries revealed how the Chinese authorities have been systematically harassing Uyghurs and other Muslim ethnic groups even after they have left the country.2 The UK Government should take specific measures to ensure that Uyghurs, Kazakhs or others residing in the UK are protected from intimidation and other harassment by Chinese embassies and agents.

2) Several Uyghur interviewees told Amnesty International that local authorities in Xinjiang had targeted their relatives back home as a way to suppress the activities of Uyghur communities living abroad. Others said the Chinese authorities had used social messaging apps to track, contact and intimidate them. Those targeted are reportedly threatened that if they do not cooperate, their family members back in Xinjiang would be detained. Those living abroad also fear what might happen to them if they return to Xinjiang. The UK Government should ensure, in line with non- refoulement commitments already made and in accordance with its obligations under international law, that Uyghurs, Kazakhs or other Chinese nationals from

1 Amnesty International, China: “Where are they?” Time for Answers about Mass Detentions in the Xinjiang Uighur Autonomous Region (Index: ASA 17/9113/2018). 2 Amnesty International, China: Nowhere Feels Safe: Uyghurs tell of China-led intimidation campaign abroad (Feature, 21 February 2020). Xinjiang are not transferred, directly or indirectly, to China if they were to face a real risk of serious human rights abuses. 3) Those with the right to reside in other countries are at least able to stay where they are. However, students on short-term visas or people seeking asylum in other countries do not always have that option.3 The UK Government should ensure that any Uyghurs, Kazakhs or other Chinese nationals have prompt access to a fair and effective asylum process, legal counsel, a thorough assessment of the risks of human rights abuses they might face upon return and the ability to challenge any removal orders.

4) Accounts of surveillance and intimidation are validated by details of government policies found in leaked documents published by media organizations in late 2019 and early 2020. In addition to information about measures to gather information about overseas Uyghurs, Kazakhs and members of other ethnic groups, these leaked documents also shed light on mechanisms used to exert control in the ongoing repression in Xinjiang.4 The UK Government should work with its international partners to stop all kinds of harassment and intimidation against Uyghurs, Kazakhs and other predominantly Muslim ethnic groups living overseas (including through mechanisms described below).

How can the UK use organisations and agreements such as the UN Human Rights Council and the Convention to influence China towards better human rights practices?

5) The UK has played an important role in addressing the human rights situation in China at the UN over the past 18 months. Amnesty International UK welcomes the UK’s co-signing of a statement delivered by the UK on behalf of 28 countries at the 44th session of the UN Human Rights Council in June 2020 and another delivered by on behalf of 39 countries at the UN General Assembly’s Third Committee in October.5 The statements, and increased support for them from different regional groups, show the growing international concern over the human rights situation in China, with a particular emphasis on Xinjiang. Both statements made clear calls on China to allow immediate, meaningful and unfettered access to Xinjiang for independent observers including the UN High Commissioner for Human Rights and her Office and relevant special procedure mandate holders. The UK government should work actively with its international partners to Convene a Special Session of the UN Human Rights Council on the human rights situation in China and urgently create an independent international mechanism to address serious ongoing human rights violations.

3 Amnesty International, Families of missing Uighurs terrified to search for their loved ones (Feature, 31 March 2019). 4 Austin Ramzy and Chris Buckley, “‘Absolutely ’: Leaked Files Expose How China Organized Mass Detentions of Muslims”, New York Times, 16 November 2019, www.nytimes.com/interactive/2019/11/16/world/asia/china-xinjiang-documents.html; International Consortium of Investigative Journalists, “: China’s Operating Manuals for Mass and Arrest by Algorithm”, 24 November 2019, www.icij.org/investigations/china-cables/; , “The Karakax List: Dissecting the Anatomy of ’s Internment Drive in Xinjiang”, The Journal of Political Risk, Vol. 8, No. 2, February 2020, www.jpolrisk.com/karakax/ 5 Julian Braithwaite, “UN Human Rights Council 44: Cross-regional statement on and Xinjiang”, www.gov.uk/government/speeches/un-human-rights-council-44-cross-regional-statement-on-hong-kong-and-xinjiang, 30 June 2020; “Joint statement given by Germany on behalf of 39 countries at the UN General Assembly Third Committee”, www.gov.uk/government/speeches/joint-statement-on-the-human-rights-situation-in-xinjiang-and-recent-developments-in-hong-kong, 6 October 2020. 6) The recent October joint statement urgently calls on China to implement the Committee on the Elimination of Racial Discrimination (CERD) eight recommendations related to Xinjiang, including by refraining from the arbitrary detention of Uyghurs and members of other minorities. Amnesty International UK urges the UK government to work with other states to build on these important initiatives towards more robust action going forward. The UK government should call for the immediate release of all persons held in “de-extremification”, “transformation-through-education” or other facilities in Xinjiang, unless there is sufficient credible and admissible evidence that they have committed an internationally recognized offence, are transferred to recognised detention facilities, and are granted a fair trial in line with international standards and without recourse to the death penalty, and allow all those held to effectively legally challenge their continued detention.

7) In September 2020, Amnesty International, together with 320 other organizations, urged the Human Rights Council to hold a Special Session on the human rights situation in China and to establish an impartial and independent UN mechanism to closely monitor, analyze and report annually.6 Such decisive action is all the more necessary now as China will take its seat on the Human Rights Council on 1 January 2021. The UK government should use every available opportunity, including in the context of China’s membership of the Human Rights Council, to urge China to repeal or amend laws and regulations that arbitrarily restrict the exercise of human rights by Uyghurs and other ethnic minorities and ensure that any legal provisions aimed at protecting national security or counter-terrorism are clearly and narrowly defined, are non-discriminatory and conform with all international human rights law and standards.

How can the UK support the promotion of knowledge and transparency about this issue, both within China and internationally?

8) The true scope and nature of what has been taking place in Xinjiang is not fully known, in part because the Chinese government has steadfastly resisted calls to admit UN human rights experts and independent monitors into the region. Instead, the Chinese authorities have organized dozens of carefully stage-managed tours for selected journalists and diplomats with restrictions on where to visit and whom to interview. 9) In September the UN High Commissioner stated that she is still in discussions with the Chinese authorities about the conditions of a possible visit to Xinjiang7.. The UK Government should continue call for independent and unrestricted access to Xinjiang for independent human rights monitors, including the High Commissioner for Human Rights and relevant UN Special Procedures. What mechanisms can the Government use to discourage private sector companies from contributing to human rights abuses?

6 Amnesty International et al., Global call for international human rights monitoring mechanisms on China, 9 September 2020, (Index: ASA 17/3026/2020) 7 Statement by , UN High Commissioner for Human Rights, 14 September 2020 https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26226 10) Given what is now known about the human rights situation in Xinjiang, companies in the UK, especially those in the garment sector are on notice of the risk of forced labour in their supply chains. The UK Government should establish a new law to mandate companies to undertake human rights due diligence across their supply chains to prevent harms from taking place and to hold companies to account for when they fail to prevent human rights abuses.

October 2020