Human Rights: Xinjiang

Nigel Adams Excerpts

Thursday 22nd April 2021 Commons Chamber

[The Minister for Asia (Nigel Adams)]

I am incredibly grateful to my hon. Friend the Member for Wealden (Ms Ghani) for securing this debate, and I pay tribute to her, and to all hon. and right hon. colleagues who were the recipients of those ill thought-out and ludicrous sanctions announced by China recently, for their continued work on this important issue.

I of course acknowledge the strength of feeling across the House on this critically important issue. We have heard some powerful speeches from all parts of the House today. Parliaments and individual parliamentarians rightly play a pivotal role in drawing global attention to human rights violations, wherever they occur. I am very grateful for all the contributions and I will try to answer the points raised within the context of my speech. I am conscious that I need to leave my hon. Friend some time to wind up the debate.

As we have heard from across the Floor, the situation faced by Uyghurs and other minorities in Xinjiang is truly harrowing. We have repeatedly emphasised our grave concern at the serious and widespread human rights violations occurring in the region. There are credible reports of the extrajudicial detention of over 1 million Uyghur people and other minorities in political re-education camps since 2017, extensive and invasive surveillance targeting minorities, forced separation of children from their parents, forced sterilisation of women, systematic restriction on Uyghur culture, education and the practice of Islam, and the widespread use of forced labour.

The evidence of the scale and severity of the violations in Xinjiang is extensive. That includes, as the whole House knows, satellite imagery, the testimony of survivors, credible open-source reporting by journalists and academic researchers, and visits by British diplomats to the region that have corroborated reports about the targeting of specific ethnic groups. United Nations special rapporteurs and other international experts have also expressed their very serious concerns.

Meanwhile, leaked and publicly available documents from the Chinese Government themselves verify many of the reports that we have seen. Those documents show guidance on how to run internment camps, and lists showing how and why people have been detained. They contain extensive references to coercive social measures and show statistical data on birth control and on security spending and recruitment in Xinjiang.

In the face of that evidence, the United Kingdom has acted decisively. In March, the Government took the significant step of sanctioning four senior individuals responsible for the violations that have taken place, and which persist, against the Uyghur Muslims in Xinjiang. We also designated the organisation responsible for enforcing the repressive security policies across many areas of Xinjiang.

The sanctions involve travel bans and asset freezes against the individuals and an asset freeze against the entity that we are designating. These individuals are barred from entering the UK and any assets that they hold in the UK are frozen. By acting alongside our partners, the United States, Canada and the European Union, on an agreed set of designations, we have sent a clear and powerful message to the Chinese Government that the international community will not turn a blind eye to serious and systematic violations of basic human rights. These countries amount to a third of global GDP.

On 12 January, we announced robust domestic measures to help to ensure that UK businesses and the public sector avoid complicity in human rights violations in Xinjiang through their supply chains, including a review of export controls as they apply to Xinjiang, the introduction of financial penalties for organisations that fail to comply with their transparency obligations under the Modern Slavery Act 2015, and robust and detailed guidance for UK businesses to target those who profit from forced labour and those who would support it financially, whether deliberately or otherwise.

We have also acted internationally to hold China to account for its policies in Xinjiang. In February, in the first personal address to the UN Human Rights Council by a UK Foreign Secretary in more than a decade, my right hon. Friend underlined his call for China to allow the UN High Commissioner for Human Rights, or another independent expert,

“urgent and unfettered access to Xinjiang.”

That point was made powerfully by the hon. Member for Oxford West and Abingdon (Layla Moran) and was reinforced by the hon. Member for Dundee West (Chris Law) and the Opposition spokesman, the hon. Member for Aberavon (Stephen Kinnock).

Working with our partners, we have built an international caucus of countries calling China out for its gross human rights violations and increased the diplomatic pressure for Beijing to change course. On 6 October 2020, alongside Germany, we brought together 39 countries to express grave concern at the situation in Xinjiang in a joint statement at the UN General Assembly Third Committee. That was an increase on the 23 countries that supported the UK-led joint statement a year earlier.

We continue to raise the human rights violations in Xinjiang directly with the Chinese authorities. I had direct conversations recently when I summoned the chargé to the Foreign, Commonwealth and Development Office, and my right hon. Friend the Foreign Secretary has raised his serious concerns on a number of occasions with his counterpart, Foreign Minister and State Councillor Wang Yi.

The motion before the House is that the situation in Xinjiang amounts to genocide and crimes against humanity. The UK of course treats all allegations of genocide and crimes against humanity with the gravity they demand. As a nation, we have a strong history of protecting global human rights, but as the House is no doubt aware, the UK’s long-standing position, like many countries around the world, is that determining whether a situation amounts to genocide or crimes against humanity is a matter for competent national and international courts, after consideration of all the available evidence.

[Sir Iain Duncan Smith]

Will my hon. Friend give way?

[Nigel Adams]

I will on that point, although I am conscious that I need to leave a few minutes at the end.

[Sir Iain Duncan Smith]

I will be very brief. Will my hon. Friend now commit the Foreign Office and the Government, given that they do not want to say genocide, to co-operating with and giving full evidence to the Uyghur tribunal led by Sir Geoffrey Nice? Can he now give that commitment that they will co-operate and give evidence? It will define genocide, and then the Government could sign up to it.

[Nigel Adams]

I have made our position clear. Incidentally, I have met Sir Geoffrey Nice. I met him yesterday, along with Lord Anderson of Ipswich. We had a very constructive dialogue, and we will continue to have dialogue with Sir Geoffrey. Our policy is that a competent court should determine genocide. Sir Geoffrey is an eminent lawyer and he has done fantastic work in this area, but his tribunal is of course not a criminal court. That is our policy.

[Sir Iain Duncan Smith]

Will you give evidence?

[Nigel Adams]

What I will say to my right hon. Friend is that competent courts include international courts such as the ICC and the International Court of Justice, and national criminal courts that meet international standards of due process.

Genocide and crimes against humanity are among the most egregious of all international crimes. We believe —my hon. Friend the Member for Gedling (Tom Randall) concurred with this in his powerful speech—that the question of whether they have been committed is for a competent court of law to decide. Genocide and crimes against humanity are subject to a restrictive legal framework under international law. In particular, a finding of genocide requires proof that relevant acts were carried out with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group. Proving such intent to the required legal standard can be incredibly difficult to achieve in practice.

For these reasons, we do not believe it is right for the Government to make a determination in this, or in any other case where genocide or crimes against humanity are alleged. Parliaments in Canada and the Netherlands have passed motions saying it is a genocide, but the Dutch Prime Minister’s party voted against the motions and Prime Minister Trudeau’s Government abstained.

The United Kingdom is committed to seeking an end to serious violations of international human rights law wherever they occur, preventing the escalation of any such violations and alleviating the suffering of those who are affected. Our approach has not prevented us from taking robust action to address serious human rights violations, as we have done and will continue to do in the case of Xinjiang. We are also committed to ensuring that, where allegations are made, they are investigated thoroughly, including, where appropriate, independent international investigation by relevant bodies and experts. The Foreign Secretary has been clear that we wish to see the UN commissioner for human rights or another independent observer have full and unrestricted access to Xinjiang to investigate the situation on the ground. Today, I again call on China to grant that without further delay.

A number of colleagues mentioned the issue of the winter Olympics. The Prime Minister has made it clear that we are not normally in favour of sporting boycotts, and of course the participation of the national team at the Olympics is a matter for the British Olympic Association, which is required to operate independently of the Government under International Olympic Committee regulations. The hon. Member for Lewisham East (Janet Daby) mentioned the recent announcement of the official development assistance cuts in China. We have cut the budget to China by 95%, but every single penny of the remaining budget for China will be spent solely on open societies work and human rights work.

The Government understand the strength of feeling on this issue and share the grave concerns expressed by Members. I commend the efforts of hon. and right hon. Members to draw attention to the deeply troubling situation in Xinjiang. We have taken robust action. We have introduced sanctions, we are tackling Uyghur forced labour in UK supply chains, and we are ramping up pressure on Beijing through UN human rights bodies. We will continue to work with international partners to hold China to account for its gross violations of human rights against Uyghurs and other minorities in the region.