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Uyghur Human Rights Policy Act

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Uyghur Human Rights Policy Act of 2020
Great Seal of the United States
Long titleAn act to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China.
NicknamesUyghur Act
Enacted bythe 116th United States Congress
EffectiveJune 17, 2020
Citations
Public lawPub. L. 116–145 (text) (PDF)
Legislative history
  • Introduced in the Senate as S. 3744 by Marco Rubio (R-FL) on May 14, 2020
  • Passed the Senate on May 14, 2020 (Unanimous consent)
  • Passed the House on May 27, 2020 (413–1)
  • Signed into law by President Donald Trump on June 17, 2020

The Uyghur Human Rights Policy Act of 2020 (S. 3744)[1] is a United States federal law that requires various United States government bodies to report on human rights abuses by the Chinese Communist Party (CCP) and the Chinese government against Uyghurs in Xinjiang, China, including internment in the Xinjiang re-education camps.[2][3]

On September 11, 2019, a version of the bill—the Uyghur Human Rights Policy Act of 2019[4]—was passed in the United States Senate by unanimous consent.[5][6][7] On December 3, 2019, a stronger version of the bill—the UIGHUR Act—was passed by the US House of Representatives by a vote of 407–1.

On May 14, 2020, the Senate introduced and approved what would be the current 2020 bill.[3][6][8] On May 27, 2020, the House passed the amended bill by a vote of 413–1, sending it to then-President Donald Trump for approval.[9] The bill was signed by Trump into law on June 17, 2020.[10]

Background

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Further information: Strike Hard Campaign Against Violent Terrorism, Persecution of Uyghurs in China, and Xinjiang conflict

The July 2009 Ürümqi riots, which resulted in over one hundred deaths, broke out in response to the Shaoguan incident, a violent dispute between Uyghur and Han Chinese factory workers.[11] Following the riots, Uyghur terrorists killed dozens of Han Chinese in coordinated attacks from 2009 to 2016.[12][13] These included the September 2009 Xinjiang unrest,[14] the 2011 Hotan attack,[15] the 2014 Kunming attack,[16] the April 2014 Ürümqi attack,[17] and the May 2014 Ürümqi attack.[18] The attacks were conducted by Uyghur separatists, with some orchestrated by the Turkistan Islamic Party (a UN-designated terrorist organization, formerly called the East Turkistan Islamic Movement).[19]

In 2014 the Chinese government introduced the Strike Hard Campaign Against Violent Terrorism.[20] In May 2014, China publicly launched the campaign in Xinjiang in response to growing tensions between the Han Chinese and the Uyghur populations of Xinjiang.[21][22] Following guidance from Beijing, CCP leadership in Xinjiang commenced a "People's War" against the "Three Evil Forces" of separatism, terrorism, and extremism. They deployed two hundred thousand party cadres to Xinjiang and launched the Civil Servant-Family Pair Up program. Xi was dissatisfied with the initial results of the People's War and replaced Zhang Chunxian with Chen Quanguo in 2016. Following his appointment Chen oversaw the recruitment of tens of thousands of additional police officers and the division of society into three categories: trusted, average, and untrustworthy. He instructed his subordinates to "Take this crackdown as the top project", and "to preempt the enemy, to strike at the outset".[23]

Beginning in 2017, under Xinjiang CCP Secretary Chen Quanguo,[23] the government incarcerated over an estimated one million Uyghurs without legal process in internment camps officially described as "vocational education and training centers", in the largest mass internment of an ethnic-religious minority group since World War II.[24][25] China began to wind down the camps in 2019, and Amnesty International states that detainees have been increasingly transferred to the penal system. In addition to mass detention, government policies have included forced labor and factory work,[26][27] suppression of Uyghur religious practices,[28] political indoctrination,[29] forced sterilization,[30] forced contraception,[31][32] and forced abortion.[33][34] An estimated 16,000 mosques have been razed or damaged,[23] and hundreds of thousands of children have been forcibly separated from their parents and sent to boarding schools.[35][36]

International reactions have varied, with some describing its actions as the forced assimilation of Xinjiang, as ethnocide or cultural genocide,[37][38] or as genocide. In 2020, 39 UN member states issued statements to the United Nations Human Rights Council criticizing China's policies, while 45 countries supported China's "deradicalization measures in Xinjiang" and opposed "the politicization of human rights issues and double standards".[39]

Legislative history

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Draft of the bill from September 2019 in the Congressional Record (Vol. 165 pages S5450-S5452)

On September 11, 2019, a version of the bill—S. 178, the Uyghur Human Rights Policy Act of 2019—passed in the US Senate by unanimous consent.[4][6][7]

On December 3, 2019, a stronger, amended version of the bill—the Uighur Intervention and Global Humanitarian Unified Response Act (or UIGHUR Act)—was passed by the US House of Representatives by a vote of 407 to 1.[3][40][6][41] The sole "no" vote was cast by Thomas Massie, Republican of Kentucky.[41]

On the afternoon of May 14, 2020, a new version of the bill—S. 3744, the Uyghur Human Rights Policy Act of 2020—passed in the US Senate by unanimous consent.[42] The US House of Representatives approved the bill by a vote of 413–1 on May 27, 2020.[9] The following month, on June 17, then-President Donald Trump signed the bill into law.[10][43][44][45]

Legislation content and results

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The bill directs: (1) the Director of National Intelligence to report to Congress on security issues caused by the Chinese government's reported crackdown on Uyghurs in Xinjiang; (2) the Federal Bureau of Investigation to report on efforts to protect Uyghurs and Chinese nationals in the United States; (3) the US Agency for Global Media to report on Chinese media related issues in Xinjiang; and (4) the United States Department of State to report on the scope of the reported Chinese government crackdown on Uyghurs in Xinjiang.[2]

The President has to submit a report to Congress within 180 days. The report shall designate Chinese officials and any other individuals who are responsible for carrying out: torture; prolonged detention without charges and a trial; abduction; cruel, inhumane, or degrading treatment of Muslim minority groups; and other flagrant denials of the "right to life, liberty, or the security" of people in Xinjiang. Persons identified in the report would then be subject to sanctions which include asset blocking, visa revocation, and ineligibility for entry into the United States. Imposing sanctions against the officials can be declined by the President if he determines and certifies to Congress that holding back on sanctions is in the national interest of the United States.[46][47]

The bill also calls on the President to impose sanctions under the Global Magnitsky Act on Xinjiang Communist Party Secretary Chen Quanguo, which would be the first time such sanctions would be imposed on a member of China's politburo.[48][49] On July 9, 2020, the Trump administration imposed sanctions and visa restrictions against senior Chinese officials, including Quanguo, as well as Zhu Hailun, Wang Mingshan (王明山), and Huo Liujun (霍留军). With sanctions, they and their immediate relatives are barred from entering the US and will have US-based assets frozen.[50]

Reactions

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Support

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On the same day that then-President Trump signed the Act into law, former National Security Advisor John Bolton claimed that Trump had, on two occasions, told Chinese leader Xi Jinping to go forward with plans related to Uyghur internment.[46][51]

Editorials in The New York Times and The Washington Post supported the passage of the Uyghur Human Rights Policy Act.[52][53] Opinion pieces written in various publications also supported the passage of the Act.[54]

The CCP claim of deradicalization drew criticism in an article by the Deccan Chronicle,[55] while an article written by Srikanth Kondapalli made criticisms of the PRC's grand strategy for Xinjiang.[56] Analysts cited in an article by Reuters said that mainland China's response to passage of the Uyghur bill could be stronger than its reaction to the Hong Kong Human Rights and Democracy Act,[48] while the BBC's China correspondent said that if the bill became law, then it would mark the most significant international attempt to pressure mainland China over its mass detention of the Uyghurs.[57]

Uyghur community

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On December 3, 2019, a World Uyghur Congress spokesman said that the House bill is important in opposing "China's continued push of extreme persecution," and that the organization looks forward to Trump signing the bill.[48][57] Various Uyghur activists, think tank analysts, and political representatives called on various governments to sanction mainland Chinese officials for their perceived involvement in the Xinjiang conflict.[58]

Uyghur-American lawyer Nury Turkel—who is a commissioner on the US Commission on International Religious Freedom, the co-founder of the Uyghur Human Rights Project, and a former President of the Uyghur American Association—thanked Trump for signing the Act and further wrote that, "It's a great day for America and the Uighur people."[59] Turkel would also go on to say that the American government must use the new bill to impose sanctions on Chinese officials for religious persecution. He also urged Congress to pass a second bill, the Uyghur Forced Labor Prevention Act, which would direct US Customs and Border Protection to presume that any goods produced in Xinjiang are the product of forced labor.[60][61]

Opposition

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The Chinese government have called the bill a malicious attack on China and demanded that the United States prevent it from becoming law, warning that it would act to defend its interests as necessary.[48] On December 4, 2019, Chinese Foreign Ministry spokesperson Hua Chunying said that the bill "wantonly smeared China's counter-terrorism and de-radicalization efforts."[3] Four days later, Ëziz Eli (艾则孜·艾力)—County Magistrate of Niya County and Vice Secretary of the Niya County County Communist Party Committee—and Perhat Roza (帕尔哈提·肉孜)—Vice Secretary and Commissioner of the Kashgar Prefecture Communist Party Committee—penned criticisms of the Act.[62][63]

Writing in the Global Times, Hu Xijin stated that U.S. members of Congress were "producing anti-China legislations faster than elementary school students writing essays."[64]: 327 

In December 2019, the Syrian Ministry of Foreign Affairs and Expatriates defended China's actions in Xinjiang and condemned the bill as a "blatant interference by the US in the internal affairs of the People's Republic of China."[65]

See also

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References

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  1. ^ S. 3744; Pub. L. 116–145 (text) (PDF)
  2. ^ a b "H.R.649 - Uyghur Human Rights Policy Act of 2019". United States Congress. March 4, 2019. Archived from the original on December 4, 2019. Retrieved December 4, 2019.
  3. ^ a b c d Westcott, Ben; Byrd, Haley (December 3, 2019). "US House passes Uyghur Act calling for tough sanctions on Beijing over Xinjiang camps". CNN. Archived from the original on December 4, 2019. Retrieved December 4, 2019.
  4. ^ a b S.178 - Uyghur Human Rights Policy Act of 2019, 116th Congress (2019-2020) Archived December 4, 2019, at the Wayback Machine, Congress.gov.
  5. ^ "Actions Overview S.178 — 116th Congress (2019-2020)". United States Congress. Archived from the original on December 4, 2019. Retrieved December 4, 2019.
  6. ^ a b c d "Uyghur bill demanding sanctions on Chinese officials passes US House of Representatives". ABC News. December 4, 2019. Archived from the original on December 4, 2019. Retrieved December 4, 2019.
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  9. ^ a b Edmondson, Catie (May 27, 2020). "House Passes Uighur Human Rights Bill, Prodding Trump to Punish China". The New York Times. Retrieved May 27, 2020.
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  13. ^ Kennedy, Lindsey; Paul, Nathan. "China created a new terrorist threat by repressing this ethnic minority". Quartz. Archived from the original on June 12, 2018. Retrieved June 10, 2018.
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  19. ^ Karen, Leigh (October 9, 2019). "The Uighurs". The Washington Post. Archived from the original on February 4, 2020. Retrieved February 2, 2020. Tensions erupted in 2009... Attacks by Uighur separatists intensified in the years that followed, with one of the groups that carried them out—the Turkistan Islamic Party—also being credited with having thousands of jihadist fighters in Syria.
  20. ^ ""Break Their Lineage, Break Their Roots"". Human Rights Watch. April 19, 2021. Retrieved April 19, 2021.
  21. ^ "China Steps Up 'Strike Hard' Campaign in Xinjiang". Radio Free Asia. Archived from the original on December 3, 2018. Retrieved December 2, 2018.
  22. ^ Shesgreen, Diedre (April 2, 2021). "The US says China is committing genocide against the Uyghurs. Here's some of the most chilling evidence". USA Today. Archived from the original on May 14, 2021. Retrieved April 12, 2021.
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  24. ^ Finley, Joanne (2020). "Why Scholars and Activists Increasingly Fear a Uyghur Genocide in Xinjiang". Journal of Genocide Research. 23 (3). Newcastle University: 348–370. doi:10.1080/14623528.2020.1848109. ISSN 1462-3528. S2CID 236962241.
  25. ^ Kirby, Jen (September 25, 2020). "Concentration camps and forced labor: China's repression of the Uighurs, explained". Vox. Archived from the original on December 6, 2020. Retrieved January 15, 2021. It is the largest mass internment of an ethnic-religious minority group since World War II.
  26. ^ Turdush, Rukiye; Fiskesjö, Magnus (May 28, 2021). "Dossier: Uyghur Women in China's Genocide". Genocide Studies and Prevention. 15 (1): 22–43. doi:10.5038/1911-9933.15.1.1834.
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  29. ^ "Muslim minority in China's Xinjiang face 'political indoctrination': Human Rights Watch". Reuters. September 9, 2018. Archived from the original on November 9, 2020. Retrieved December 18, 2020.
  30. ^ "China cuts Uighur births with IUDs, abortion, sterilization". Associated Press. June 28, 2020. Archived from the original on December 16, 2020. Retrieved December 18, 2020.
  31. ^ "China Forces Birth Control on Uighurs to Suppress Population". Voice of America. Associated Press. June 29, 2020. Archived from the original on May 23, 2021. Retrieved April 3, 2021.
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  38. ^ Finnegan, Ciara (2020). "The Uyghur Minority in China: A Case Study of Cultural Genocide, Minority Rights and the Insufficiency of the International Legal Framework in Preventing State-Imposed Extinction". Laws. 9: 1. doi:10.3390/laws9010001.
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  41. ^ a b Roll Call Vote No. 644 Archived December 4, 2019, at the Wayback Machine, Clerk of the United States House of Representative (December 2, 2019).
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  43. ^ Shih, Gerry. "Trump signs Uighur sanctions bill amid Bolton criticism, drawing fury from China". Washington Post.
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  45. ^ Zengerle, Patricia (June 18, 2020). "Trump signs bill pressuring China over Uighur Muslim crackdown". Reuters – via www.reuters.com.
  46. ^ a b Kevin Liptak (June 17, 2020). "Trump signs Uyghur human rights bill on same day Bolton alleges he told Xi to proceed with detention camps". CNN. Archived from the original on July 4, 2020. Retrieved June 23, 2020.
  47. ^ "Trump signed a law to punish China for its oppression of the Uighur Muslims. Uighurs say much more needs to be done". Business Insider. Retrieved June 30, 2020.
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  49. ^ Flatley, Daniel (December 4, 2019). "U.S. House Passes Xinjiang Bill, Prompting Threat From China". Bloomberg News. Archived from the original on December 4, 2019. Retrieved December 4, 2019.
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  51. ^ Philip Ewing (June 17, 2020). "Trump Told China To 'Go Ahead' With Prison Camps, Bolton Alleges In New Book". National Public Radio. Retrieved July 10, 2020.
  52. ^ "China's Brutal 'Boarding Schools'". NYT. NYT. March 17, 2019. Archived from the original on December 19, 2019. Retrieved December 19, 2019.
  53. ^ "What Congress can do now to combat China's mass ethnic cleansing of Uighurs". Washington Post. Washington Post. May 23, 2019. Archived from the original on October 31, 2019. Retrieved December 19, 2019. Meanwhile, bipartisan legislation aimed at holding the Chinese accountable, sponsored by Sens. Robert Menendez (D-N.J.) and Marco Rubio (R-Fla.), has cleared the Senate Foreign Relations Committee and is in committee in the House. Hopefully it will pass both chambers soon.
  54. ^ Sources include:
  55. ^ "'De-radicalising' Uighur Muslims: Is the Chinese action justified?". Deccan Chronicle. Dawn. December 18, 2019. Archived from the original on December 19, 2019. Retrieved December 19, 2019. Calling the US action a political move aimed at damaging its international image, China says it is running a deradicalisation programme to mainstream its communities. The Chinese claim has not been verified by independent sources and mystery shrouds its deradicalisation or re-education programme. China needs to demonstrate to the international community that it has inserted human rights safeguards in its deradicalisation measures ... It is interesting that at a time when exclusionism, supremacism, and hyper-nationalism tendencies are globally on the rise, China has decided to launch its own version of 'harmonising' society. This thinking might appear to negate the global trends but in essence, its objectives are similar, and it has little space for accepting diversity.
  56. ^ Kondapalli, Srikanth (December 8, 2019). "'No Mercy' for the Uighurs". Deccan Herald. Deccan Herald. Archived from the original on December 28, 2019. Retrieved December 19, 2019.
  57. ^ a b "China sanctions: US House passes bill over treatment of Uighurs". BBC. BBC. December 4, 2019. Archived from the original on December 9, 2019. Retrieved December 19, 2019.
  58. ^ Sources include
  59. ^ "China Warns of 'Countermeasures' After Trump OKs Bill to 'Punish' Country Over Ethnic Crackdown". News18. June 18, 2020. Retrieved July 20, 2020.
  60. ^ "The U.S. Must Use the New Uyghur Human Rights Policy Act to Sanction Chinese Officials for Religious Persecution". Time. Retrieved June 8, 2020.
  61. ^ Nury Turkel; James W. Carr (August 26, 2020). "Was Your Face Mask Made Using Forced Labor in China?". The Diplomat. Retrieved August 28, 2020.
  62. ^ 艾则孜·艾力 (December 8, 2019). 李梦婷 (ed.). 坚决不允许美国蓄意诋毁和抹黑新疆的人权状况 (in Simplified Chinese). Xinhua News Agency. Archived from the original on December 8, 2019. Retrieved December 8, 2019.
  63. ^ 帕尔哈提·肉孜 (December 8, 2019). 新疆维吾尔人权状况不容诋毁. 英吉沙县人民政府门户网站 (in Simplified Chinese). Archived from the original on March 3, 2020. Retrieved March 4, 2020.
  64. ^ Mao, Lin (2024). "From Trade War to New Cold War: Popular Nationalism and the Global Times on Weibo under Xi Jinping". In Fang, Qiang; Li, Xiaobing (eds.). China under Xi Jinping: A New Assessment. Leiden University Press. ISBN 9789087284411.
  65. ^ "Syria defends China's Uyghur policy after US condemnation". Middle East Monitor. December 6, 2019. Archived from the original on April 22, 2020. Retrieved December 22, 2019.
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