Uyghur Tribunal Judgment

Baroness Winterton of Doncaster Excerpts

Thursday 20th January 2022 Commons Chamber

[Ms Ghani]

The Government can fall back on the line, “It requires the United Nations to determine genocide”, but the discussion today is that once the Government are made aware that there is an intent of genocide, that unlocks legal obligations to assess that risk for the Government and for the British public.

As I just mentioned, the Government must carry out risk assessments and undertake due diligence to make sure that they and the British public are not at risk; it is a responsibility of Government, not the courts, following the 2007 legal determination. Before we are told, “It is impossible. It is impractical.”, let me point out that that is just wrong and that other Governments are acting. Our allies in America last month introduced a landmark piece of legislation, the Uyghur Forced Labour Prevention Act, which will stop imports arriving in America from Xinjiang, putting the burden of proof on companies to show that they are not selling goods stained red with Uyghur slave labour. Our public, the British public, do not want to be duped into putting money into the pocket of firms—British firms—selling slave labour products on our shelves. This gets even more absurd, because if we are set on seeking a free trade agreement with America, the Government must strongly consider how enthusiastic our allies in Washington will be about the prospect of the UK being the gateway for whitewashed Uyghur slave labour goods imported from Xinjiang through the UK and ending up in the United States. The Government’s position is now making us a laughing stock. There is no point talking tough but not taking any action.

Let me give the House some examples of that. Last year, the Government promised a bundle of measures

“to help ensure that British organisations are not complicit in, nor profiting from, human rights violations in Xinjiang.”

There has been zero progress. The Government promised

“a Minister led campaign of business engagement to reinforce the need for UK businesses to take action to address the risk.”

There has been zero progress. The Government promised

“the introduction of financial penalties for organisations who fail to meet their statutory obligations to publish annual modern slavery statements, under the Modern Slavery Act.”

There has been zero progress. We cannot even go to Xinjiang to do basic due diligence, so how can we prove that no slavery is taking place? We just have to act—the law is on our side.

Let me leave the House with the story of Tursunay Ziyawudun, a Uyghur camp survivor I had the honour of meeting last year. Many have argued that this is the most technically advanced genocide that has ever taken place, so survivors are really rare. Tursunay was tortured and later gang-raped on many occasions, and had an electric device inserted into her vagina. The biggest damage is that Tursunay feels ashamed, but it is us who should be ashamed that we have taken no action to stop her people being destroyed by genocide. We have taken no action to protect the British public and prevent those British companies from making profit on the back of this genocide. I urge the Minister—I know that Tursunay would be pleading with the Minister here and that the House, with its unanimous support for backing the previous amendment, implores the Government—to live up to their moral and legal obligation and carry out the urgent assessment of genocide in Xinjiang, and to do so for the Uyghur people and to protect the British public.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I call the next speaker, let me say that we have two important debates this afternoon. We have a good amount of time, but not an excessive amount of time, so I ask colleagues to bear that in mind and not to give over-lengthy speeches.