Uyghur Tribunal Judgment

Brendan O'Hara Excerpts

Thursday 20th January 2022 Commons Chamber

[Brendan O’Hara (Argyll and Bute) (SNP)]

I thank the Backbench Business Committee for allowing this important debate.

I pay tribute to the hon. Member for Wealden (Ms Ghani) for her outstanding work in keeping the plight of the Uyghur people at the forefront of the minds of people in this House. The way that she laid out her case this afternoon is a reminder that, despite having been targeted and singled out herself by the Chinese Communist party, the Uyghur people have no greater champion in this House than her. I hope that those monitoring this debate will note that threats and intimidation will not stop Members of this House speaking out against and calling out the appalling genocide that is taking place in Xinjiang.

As we heard from every speaker this afternoon, last month the Uyghur Tribunal found beyond any reasonable doubt that the People’s Republic of China is responsible for crimes against humanity and the crime of genocide. Although very welcome, the tribunal’s detailed findings of mass detention, systematic rape, forced re-education, forced labour, mass surveillance, child separation, psychological trauma, forced sterilisation and the destruction of the Uyghurs cultural and religious way of life confirmed what we already knew and have known for quite some time.

The question for us in this House and for the Government in particular must be: for how much longer must we continue to collect more credible evidence of what is happening before we and other democratic nations take a co-ordinated stand against actions of the Chinese Communist party? How do the Government plan to use what means they have to ensure the cessation of that genocide, including ensuring that—as many Members said—we in this country are not inadvertently assisting, aiding or abetting by supporting the Chinese economy? As much as the Government may recoil from the idea, they will have to step up. They will have to show leadership on the issue because, having had the tribunal sit in London, it is inescapable that our responsibility in international law is now clear: when a state learns of a risk of genocide, it is legally obliged to act.

My first question to the Minister therefore is: since the judgment of the tribunal was delivered, what assessment have the Government made of the findings and do they now agree that the Uyghurs are indeed at serious risk of genocide? Since the tribunal’s findings, what discussions have the Government had with international partners, non-governmental organisations, businesses and others to ensure a co-ordinated international response?

On 28 June last year, in response to the public petition, the Government said that they

“will continue to urge the Chinese authorities to change their approach in Xinjiang”.

So I have another question for the Minister: how is that working out?



As the hon. Member for Wealden and others said, the Government’s response should, at the very minimum, be to blacklist UK firms that trade in goods produced using slave labour, and to place a strict import ban on goods that we know originate in Xinjiang camps, or whose raw materials have been grown in those camps. As we have heard, last month, President Biden signed a Bill banning imports from Xinjiang to the United States; it puts the onus on the importer to prove that goods were not made using forced labour. I urge the UK Government to follow President Biden’s lead and explore the possibility of banning the import of cotton products, solar panels and other products that we believe to have been wholly or partly produced in the labour camps of Xinjiang. Also, there must of course be genuinely meaningful Magnitsky sanctions taken against those perpetrating the atrocities, and against those profiting and growing rich by doing business with the perpetrators.

The Uyghur Tribunal had to be independent and unofficial. As its chair, Sir Geoffrey Nice QC, explained, the International Court of Justice could not take this case, because it can look only at cases that have been approved at the Security Council, over which China has a veto. It is highly unlikely that an independent international court will make a genocidal determination any time soon, but I would strongly argue that this does not mean that the tribunal’s judgment carries any less moral authority than it would have done if it had come from an international court. The bottom line is this: whether the tribunal was official or unofficial, now that it has taken place, the UK Government cannot contend that they do not know what is happening in Xinjiang, and they have a moral imperative to act now.

One route to consider was put forward by Sophie Richardson, the China director at Human Rights Watch. She proposed that a United Nations Human Rights Council motion be tabled, asking that the Office of the UN High Commissioner for Human Rights investigate the atrocities in Xinjiang, even if that has to be done, as another Member said, from outside China. Additionally, we could accept the recommendations of our Foreign Affairs Committee and explore the prospect of a Human Rights Council inquiry on the treatment of this beleaguered minority Muslim community; and of course we should step up sanctions against Communist party officials involved in perpetrating these gross human rights abuses.

The Uyghur people have been subjected to widespread abuse, the scale and ferocity of which is unparalleled in modern times. That is a stain on the world. I hope that the world is waking up to the fact that it can no longer turn a blind eye to this. It can no longer wring its hands and issue hollow words of sympathy when it feels that it has to. In April, the House passed a motion declaring that Uyghur Muslims in China were victims of crimes against humanity and genocide. That view is shared by the Parliaments of Canada, Lithuania and the Netherlands, and the US State Department has also determined that the violations against the Uyghurs constitute genocide. In December, the United States announced a diplomatic boycott of next month’s winter Olympics because of the ongoing genocide and crimes against humanity. Some may dismiss that as a token gesture, but if it leads to a concerted international effort to get China to change its ways, it will be seen as the start of a process, and as having been very worth while.

Finally, everyone who believes in freedom and democracy is indebted to Sir Geoffrey Nice and those involved in the Uyghur Tribunal. As we have said, it may not have had official Government support or backing, or the power to sanction China, but it has laid out clear and unambiguous evidence that a genocide is taking place, and gives democratic Governments and the United Nations the moral authority to hold those responsible to account. Minister, please do not let this House or the Uyghur people down; immediately recognise this genocide for what it is.