Uyghur Tribunal Judgment

(Limited Text - Ministerial Extracts only)

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Thursday 20th January 2022

(2 years, 3 months ago)

Commons Chamber
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Amanda Milling Portrait The Minister for Asia (Amanda Milling)
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I am very grateful to my hon. Friend the Member for Wealden (Ms Ghani) for securing this debate and for her dedication to human rights. I also thank hon. Members from across the House for their very insightful contributions, and I will endeavour, in the time that I have, to answer many of the points that have been raised.

The Government welcome the contribution of the Uyghur Tribunal in building an international awareness and understanding of the human rights violations in Xinjiang. We have been following its work very closely.

Iain Duncan Smith Portrait Sir Iain Duncan Smith
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My right hon. Friend has just referred to and welcomed the tribunal’s report, so why did the Government refuse to give evidence for the report when requested to by the tribunal?

Amanda Milling Portrait Amanda Milling
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Government officials observed the tribunal hearings in June and September, and Ministers and officials met the chair, Sir Geoffrey Nice QC, on several occasions to discuss its work.

As we have heard today, the tribunal’s findings contain further harrowing evidence of the situation that Uyghur Muslims and other ethnic minorities face in Xinjiang. Uyghurs and other minorities are being detained in political re-education camps, their religious practice is being restricted and their culture squashed. They are subject to invasive surveillance and repressive governance. There is also compelling evidence of forced labour and forced sterilisation.

The research that we have funded has uncovered more deeply disturbing details. Indeed, we have not hesitated to make clear our deep concerns at the highest levels. The Prime Minister raised the situation in Xinjiang directly with President Xi in October, as did the Foreign Secretary in her introductory call with her Chinese counterparts. I also raised our serious concerns with the Chinese ambassador just last month. We have been working alongside our partners to increase the pressure on China to change its behaviour. In March, the UK imposed asset freezes and travel bans on senior Chinese actors responsible for enforcing China’s repressive policies.

Nusrat Ghani Portrait Ms Ghani
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Will my right hon. Friend give way?

Amanda Milling Portrait Amanda Milling
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I am going to make progress, if my hon. Friend does not mind, because I do not have an enormous amount of time.

Nusrat Ghani Portrait Ms Ghani
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I just want to make sure that we capture the essence of what we debated on that particular point.

Nusrat Ghani Portrait Ms Ghani
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I am very grateful; I know that my right hon. Friend wants to respond to every point that was raised. If she is accurate in stating that the Prime Minister, the Department and herself are following not only the tribunal, but challenging the actors of genocide, how come she declared that they are unable to fulfil the ICJ obligation, because the duty is in place?

Amanda Milling Portrait Amanda Milling
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I will come back to the Government’s policy shortly, but please be reassured that the Prime Minister, the Foreign Secretary and I have all raised the very serious situation in Xinjiang with our counterparts.

In March, the UK imposed asset freezes and travel bans on senior Chinese actors responsible for enforcing China’s repressive policies. We took action alongside the US, Canada and the EU, demonstrating the breadth of concern across the international community.

Some Members have asked about future sanction designations for human rights violations in Xinjiang. As they will know, we do not speculate about future sanctions, but we keep all evidence under close review. The Government have taken robust action to address Uyghur forced labour in UK supply chains. We have introduced new guidance for UK businesses on the risks of doing business in Xinjiang and have announced enhanced export controls, as well as financial penalties, under the Modern Slavery Act 2015. Taken together, those measures will help to ensure that no British organisation profits from or contributes to human rights violations against Uyghur people.

Nusrat Ghani Portrait Ms Ghani
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Will my right hon. Friend give way?

Amanda Milling Portrait Amanda Milling
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I will make some progress, because I want to address a couple of points that my hon. Friend made in her opening remarks.

In regard to the BEIS Committee report recommendations, we are grateful to the Committee for its thorough inquiry last year on forced labour in Xinjiang. The Government have given it careful consideration, including the recommendation to introduce a blacklist of companies that do not uphold human rights throughout their supply chains. Although we currently have no plans to introduce such a list, the Government are committed to tackling Uyghur forced labour in UK supply chains and are looking to take robust action.

Nusrat Ghani Portrait Ms Ghani
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Will my hon. Friend give way on that point?

Amanda Milling Portrait Amanda Milling
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My hon. Friend will get the opportunity to respond when I sit down; I have limited time.

On import controls, the Government are fully committed to tackling Uyghur forced labour in global supply chains, but the measures we have taken do not currently include import bans. However, we have announced a range of other measures, including a comprehensive review of export controls as they apply to Xinjiang.

We are also working closely with international partners. At the G7 last month, under our presidency, G7 leaders committed to working together to ensure that global supply chains are free from the use of forced labour. On international action, the UK has consistently led international efforts to hold China to account at the UN through global diplomatic efforts. We led the first two joint statements on Xinjiang in 2019 and 2020. More recently, last October, we helped secure the support of 43 countries for a statement on Xinjiang at the UN Third Committee.

Stephen Kinnock Portrait Stephen Kinnock
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Will the Minister give way?

Amanda Milling Portrait Amanda Milling
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This will be the last time.

Stephen Kinnock Portrait Stephen Kinnock
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Will the Minister comment on the point about the United Nations High Commissioner for Refugees realistically never getting access to China? Will the United Kingdom Government therefore push the United Nations Human Rights Council to get a resolution so that the UNHCR can do an inquiry from outside China?

Amanda Milling Portrait Amanda Milling
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I will come to the UN shortly. The statement we secured in October demonstrated the breadth of international concern, with fresh support from Turkey, a member of the Organisation of Islamic Cooperation, as well as Eswatini and Liberia. Through the UN statements, we have pressed China to allow urgent and unfettered access to Xinjiang for independent observers, including the UN High Commissioner for Human Rights. In recent national statements, we welcomed the high commissioner’s plans to publish an assessment of the available information on Xinjiang. I assure Members that the UK will continue to play a significant role in holding China to account for its gross human rights violations there.

Siobhain McDonagh Portrait Siobhain McDonagh
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Will the Minister give way?

Amanda Milling Portrait Amanda Milling
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No; we have had a long debate and I would like the opportunity to respond to it.

To monitor the evolving situation, we funded research reports from the Australian Strategic Policy Institute and the Rights Practice, a non-governmental organisation, on how China is implementing repressive policies on Xinjiang. Those reports are credible and compelling and will inform future action. We will continue to fund future research.

The Uyghur diaspora also play a crucial role in our understanding the situation. We regularly speak to members of that community to inform policies and ensure that Uyghur voices are heard. Members expressed concern about reports of Uyghurs in the UK being harassed by Chinese authorities. We have repeatedly made it plain that that is unacceptable and have raised our concerns with the embassy.

Amanda Milling Portrait Amanda Milling
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I am sorry but I am moving on.

Throughout the debate Members have asked whether we will make our own assessment regarding the risk of genocide occurring in Xinjiang. The UK’s long-standing policy, under successive British Governments, is that any determination of genocide is a matter for a competent court rather than for the Government or non-judicial bodies. This long-standing policy is consistent with our legal obligations under the genocide convention and does not undermine our commitment to prevent and punish genocide. I reassure Members that the policy does not inhibit the UK from taking robust action to address the human rights violations and abuses in Xinjiang.

Iain Duncan Smith Portrait Sir Iain Duncan Smith
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My right hon. Friend has made her point; will she give way on it?

Amanda Milling Portrait Amanda Milling
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I am going to conclude.

The UK’s long-standing policy on genocide has not prevented and will not prevent the Government from taking robust action on human rights violations in Xinjiang through a broad spectrum of channels and international partnerships. We have a strong history of protecting human rights globally and the situation in Xinjiang is no exception to that. I reassure the House that we will continue to work with our partners, including the Uyghur people, to hold China to account for its appalling actions in Xinjiang.