Home International Law International Law & Human Rights The Chinese Uyghurs: Calling on the Republic of China to take accountability

The Chinese Uyghurs: Calling on the Republic of China to take accountability

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The United Nations Office of the High Commissioner of Human Rights published its assessment on human rights concerns in the Xinjiang Uyghur Autonomous Region, People’s Republic of China. Authored by Michelle Bachelet, the report attest to large-scale arbitrary and discriminatory human rights violations against members of Uyghur and other minority communities in China. The report concluded that these violations carried out, especially in VETC (vocational education and training centres), between 2017 and 2019 “may constitute international crimes, in particular crimes against humanity”. While it is up to the Office of the Prosecutor at the International Criminal Court to determine charges with respect to Crimes against Humanity, a layman’s reading will point to grave violations of international criminal law. The Chinese Government has used its might to prevent the UN from publishing the report and since has been vehemently denying the atrocities mentioned, despite robust evidence. China has accused the OHCHR of conspiring with the US and other western nations to defame Chinese efforts at anti-terrorism.

Who are the Chinese Uyghurs, and why are they prosecuted?

Uyghurs are a predominantly-Muslim minority residing in Xinjiang Uyghur Autonomous Region (XUAR) who are ethnically and culturally different from the rest of the Chinese mainland. The Chinese Government has been cracking down on the community, and there have been efforts to target its religious and cultural practices. The Uyghurs briefly declared independence in the early 20th century, but China’s new Communist government took over control in 1949. Since then,  millions of minority groups have been pushed into detention camps where they were tortured, sexually assaulted, and forced to abandon their linguistic diversity and heritage. The root of these crimes is intolerance and the intention to destroy the identity of the Uyghurs.

The report published on Bachelet’s final day as the High Commissioner is criticized on one side for cowardice and the other for courage is riddled with controversy. While the UN Office claims to have conducted a rigorous review of the situation in China, along with Ms. Bachelet’s visit to China, to determine the matters first-hand. However, carefully curated tableaux to show compliance with international human rights instruments are sure to have interfered in an independent assessment of the situation in China. Owing to this, many believe the report failed to capture the extent of atrocities in Xinjiang. While this may be true, the focus must be placed on some serious allegations that the report has managed to bring to light.

The report contains harrowing reports of firsthand allegations of crimes against humanity based on interviews of victims. The report also alleges reports of forced sterilization and forced birth control, with birth rates dropping drastically in comparison to the rest of the country. However, the report fails to call out these human rights atrocities for what it really is, genocide. The violations committed against the Uyghurs fall within the definition of the Genocide Convention: ‘intent to destroy, in whole or in part, a national, ethnical, racial or religious group”. The government’s crackdown on Uyghur minorities, especially the attempt to sterilize the population, and eliminate religious and cultural patterns, points to the same. The language of the report suggests that alleged actions caused “broader deleterious effect on the life of their community”. 

What next?

While the OHCHR report’s recommendations are directed at the Chinese Government, it would be stupid to expect any reaction or remedy from the Chinese, as any accountability would point towards acceptance of these crimes against humanity. The next possible authority to delve into the matter would be the United Nations itself, but China’s allies and influence in the UN Human Rights Council may dilute the conversation. However, the United Nations, which previously reported these allegations in 2018, is expected to heavily criticise China and demand sanctions until the recommendations are implemented. India may also use this to destabilise China’s diplomatic relations.

The United Nations Security Council can also refer the matter to the International Court of Justice for Advisory Opinion, as it is unlikely that China will submit to the court’s jurisdiction. An alternate root is to rely on the International Criminal Court to open an investigation into the matter. Here also, the international law body would face procedural and administrative delays with the Chinese Government creating barriers for evidence collection as it has done with previous studies and China not being a party to the Rome Statute.

The international community and its role

While the report carries no legal underpinning, it must be viewed as a significant step by the international legal bodies in addressing the human rights violation targeting ethnic and religious minorities in China. However, the most important step would be for the International community to unanimous call upon the People’s Republic of China to take accountability for grave violations of the International Criminal Law. The UN must also officially declare these acts not as mere allegations of crimes against humanity but as Genocide and Crimes against humanity by the Chinese Government with the intention to destroy the Uyghurs of China. Since China insists that the allegation is baseless and one cannot determine the veracity of these claims unless they penetrate state boundaries (and, in the process, break the cardinal principle of state sovereignty), the global community must act to put pressure on China, to very least admit to the allegations reported. International treaties, such as the Torture Convention, may be invoked, as the prohibition against torture is a peremptory norm under International law. This would also be an interesting subject of study under International law as the legal community is still debating torture as an exception to immunity under international law.

Being the second largest economy, China is self-sufficient and, therefore, unlikely to respond to sanctions. More comprehensive or multinational sanctions or import restrictions on Chinese goods could have an impact, but the international community is heavily dependent on the Chinese market for cheap labour and production cost. However, once against harnessing the power of social media, MNCs based out in China must consider moving operations to other developing nations with human and natural resources to sustain their operations, as was adopted at the beginning of the Russian-Ukraine war. There have been reports of many of them already pulling out of China due to Intellectual Property theft and other privacy issues. However, this is not enough. As of 2021, Western Nations heavily rely on the Chinese for their goods and services, especially medical apparatus, vehicles and plastic goods. Unless there is some evident change that alters this data, it may be next to impossible to penetrate the Chinese economy. However, it’s a sign of relief that some countries have realised their dependency on Chinese goods and aim to create a change. India launched its ‘Atmanirbhar’ program under the Modi Government to make India self-reliant. While trade and commerce are the bedrock of international development, they should not come at the cost of exploitation.

While China does have allies in the Human Right Council, so do other members like the US and India (who were elected into the Council in 2021 with an overwhelming majority). Convincing the rest of the council to act would also be an excellent strategy to stall the ongoing Russian-Sino talks, which may have a dire impact on India’s military and defense. Similarly, the Chinese Government is already under pressure due to their abstinence from the Ukraine War at the UN General Assembly this March. International law and diplomacy are built on reciprocity. But a pattern of turning a blind eye to Genocide, especially among poor and minority communities, seems to be the norm today. Be it in Tigray or Xinjiang. Now is the time to take action. The international community must call out the Chinese Government for their persistent inconsistency with international human rights instruments.

References

https://www.bbc.com/news/world-asia-china-22278037

Testimony of Deputy Assistant Secretary Scott Busby, Senate Foreign Relations Committee Subcommittee On East Asia, The Pacific, And International Cybersecurity Policy (2018, December 4) Retrieved on September 8, 2022 https://www.foreign.senate.gov/imo/media/doc/120418_Busby_Testimony.pdf

Yeung J., UN report on China’s Uyghurs: What you need to know, 2022, July

CNN. Retrieved on: September 8, 2022

https://www.cnn.com/2022/09/01/china/un-report-china-xinjiang-uyghurs-key-takeaways-intl-hnk/index.html

UN report on China’s abuse of Uyghurs is stronger than expected but missing a vital word: genocide, The Conservation. Retrieved on September 8, 2022 https://theconversation.com/un-report-on-chinas-abuse-of-uyghurs-is-stronger-than-expected-but-missing-a-vital-word-genocide-189917

https://www.scmp.com/news/china/article/3171778/ukraine-war-china-does-not-support-un-vote-blaming-russia-humanitarian

India gets re-elected to U.N. Human Rights Council for 2022-24 term (2021, October 21) Retrieved on September 11, 2022 https://www.thehindu.com/news/national/india-gets-re-elected-to-un-human-rights-council-for-2022-24-term/article36999783.ece

Why Are Foreign Tech Firms Pulling Out of China? https://www.bloomberg.com/news/articles/2021-11-03/explainer-why-are-foreign-tech-firms-pulling-out-of-china

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