Uyghur Tribunal Judgment

Nusrat Ghani Excerpts

Thursday 20th January 2022 Commons Chamber

[Ms Nusrat Ghani (Wealden) (Con)]

I beg to move,

That this House notes that the December 2021 Uyghur Tribunal’s judgment in London found beyond reasonable doubt that the People’s Republic of China was responsible for genocide, crimes against humanity and torture in the Uyghur region; and calls on the Government to urgently assess whether it considers there to be a serious risk of genocide in the Uyghur region and to present its findings to the House within two months of this motion being passed, use all means reasonably available to ensure the cessation of ongoing genocide, including conducting due diligence to ensure it is not assisting, aiding, abetting or otherwise allowing the continuation of genocide and fulfil its other obligations under the UN Convention on the Prevention and Punishment of Genocide, accept the recommendations of the Fifth Report of the Business, Energy and Industrial Strategy Committee, Uyghur forced labour in Xinjiang and UK value chains, Session 2019-21, HC 1272, including black-listing UK firms selling slave-made products in the UK and putting in place import controls to protect UK consumers, and place sanctions on the perpetrators of this genocide, including Chen Quanguo.

I put on record my thanks to the Inter-Parliamentary Alliance on China and the World Uyghur Congress, and to Rahima Mahmut and Dolkun Isa in particular. I also thank Sir Geoffrey Nice QC, who chaired the Uyghur Tribunal. He worked at the International Criminal Tribunal for the Former Yugoslavia between 1998 and 2006 and led the prosecution in the trial of Slobodan Milošević, the former President of Serbia, for genocide. I cannot stress enough that there is no person more qualified than Sir Geoffrey to assess the facts and determine whether there has been genocide, the crime of all crimes.

There is a lot of speculation in this place about people abdicating their legal and moral duties, and that is what this debate is about. The Government have a legal and moral duty to respond to the Uyghur Tribunal’s verdict and the evidence that was put before it. They must stop shirking that duty by using expensive Government lawyers to weasel their way out of acting—a course of action that is truly reprehensible.

As we know, the Uyghur Tribunal verdict last month, which was based on the facts, was crystal clear: genocide is taking place in the Xinjiang region of north-west China. What more do the Government need to see and hear? Surely the Minister cannot argue with the evidence presented to the tribunal, or its conclusion that human rights abuses, torture and genocide are taking place—a conclusion that it made while it was sanctioned by the Chinese Communist party. There is no plausible reason for the Government to ignore the conclusions of the tribunal. To do so is to quibble on a point of dubious legality, to ignore evidence and to ignore the moral and legal duty to act. When will the Government do the right thing, and—this is a question to which we desperately seek an answer—where is the organising force of this Government?

I am not interested in hearing the Minister discuss whether or not the Uyghur Tribunal is a competent court. That is irrelevant to this debate. I am focusing on the International Court of Justice’s Bosnia and Herzegovina v. Serbia and Montenegro 2007 ruling, which completely blows that argument out the water. Let me remind the Minister of the legal situation that the Government are in. The ICJ ruled that

“a State’s obligation to prevent, and the corresponding duty to act, arise at the instant that the State learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed.”

That is the crux of the issue, and of this debate. Those are the rules that the Government are operating under—unless the Minister intends to suggest today at the Dispatch Box that we are now making up our own rules on the hoof.

This House, too, has examined some of the most horrific evidence put to the Uyghur Tribunal. With one voice, Parliament agreed that genocide was taking place in Xinjiang against the Uyghur people and other minorities. That was a significant development. We joined our allies in America in taking that view, and were soon followed by Parliaments in countries across the world, including the Netherlands, Lithuania, Canada and the Czech Republic.

Today’s debate is about three things. First, now that the evidence has been presented to the Uyghur Tribunal, the Government must assess whether, under their ICJ obligations, they consider there to be a serious risk of genocide. Today’s motion will force the Government to present that analysis to the House within two months.

Secondly, if the Government will not or cannot do anything about the genocide, the mass rapes, the torture and the abuses taking place in Xinjiang, they should at least protect the British people. The British public—including my constituents and, no doubt, the Minister’s constituents—do not want to be assisting, aiding or abetting the Uyghur genocide. Only the Government can protect the British consumer by introducing import controls, blacklisting British firms profiting from slave labour, and toughening up the current toothless anti-slavery rules.

Finally, the Government should act in line with our closest international allies and use Magnitsky sanctions against Chen Quanguo, the architect of the misery in Xinjiang.

[Geraint Davies (Swansea West) (Lab/Co-op)]

I am listening carefully to the hon. Lady’s excellent speech. Does she agree that there is also a case for labelling products that may have been produced in the context of the genocide, in that they were subject to Uyghur exploitation, so that consumers themselves can decide whether they want to buy ethically produced products?

[Ms Ghani]

I do agree with the hon. Gentleman. Our constituents want to know the heritage of the products that they are consuming, quite apart from the environmental impact. There is nothing to prevent the Government from ensuring that these products are labelled “stained with slave labour from Xinjiang”.

The tribunal spent a year, in London, amassing the most comprehensive body of evidence in existence on the Uyghur crisis. It took testimonies from academics, legislators and witnesses, and that is how it was able to make a legal determination. There was evidence of, for example, a massive drop in Uyghur birth rates in Xinjiang, which represents just one of the five markers of genocide. In one Uyghur region, birth rates are down by 84%. That accords neatly with the marker: the destruction of a people by stopping them having children, in just one generation. The tribunal labelled it “the biological genocide”.

Nowhere else in the world are so many women being violated in one place at the same time. Although the Uyghur region accounts for just 1.8% of China’s population, 80% of all birth control device insertions in China were performed in that region. Is the Minister really going to challenge the evidence with which the tribunal was presented? It heard that:

“Pregnant women, in detention centres and outside, were forced to have abortions even at the very last stages of pregnancy. In the course of attempted abortions babies were sometimes born alive but then killed.”

Those are the facts that were presented to the tribunal.

Witnesses’ testimonies were so horrific that I cannot list them all, but the Board of Deputies of British Jews compared this to the holocaust. Its president, Marie van der Zyl, wrote:

“Nobody could…fail to notice the similarities between what is alleged to be happening in the People’s Republic of China today and what happened in Nazi Germany 75 years ago”.

Having considered this evidence, the tribunal said that it was

“satisfied beyond reasonable doubt that the PRC, by the imposition of measures to prevent births intended to destroy a significant part of the Uyghurs in Xinjiang as such, has committed genocide.”

I urge the Minister not to maintain the Government’s position of “Hear no evil, speak no evil, see no evil”. That is straight out of the CCP’s playbook. We have moved on, and the Government must now act. I am going to give the Minister some time in which to consider rewriting her speech, because the Government have now been told of the ICJ’s 2007 ruling, and we do not want to hear a rehearsal of their previous arguments.

Let me try to help the Minister by pre-empting some of the points that she may make. In the past, the Government have deferred to their holding statement that this is a matter for competent courts. That is irrelevant to today’s debate. The House now knows that the ICJ’s Bosnia and Herzegovina v. Serbia and Montenegro 2007 ruling has blown that argument out of the water. Let me say it again: countries have a

“duty to act...at the instant that the State learns of, or should normally have learned of. the existence of a serious risk that genocide will be committed.”

That duty has long been triggered. When the Minister recently praised the tribunal for

“building international awareness and understanding of the human rights violations occurring in Xinjiang”,

that triggered the duty to act. Not only that, but when she

“urged the Chinese Government to engage with the evidence provided by the Uyghur Tribunal”

during a recent meeting with the Chinese ambassador, that triggered the duty to act. So does she agree with the ICJ ruling and agree that it is the duty of Governments, not courts, to continually assess whether there is a risk of genocide? Is she today going to change Government policy?

[Janet Daby (Lewisham East) (Lab)]

Does the hon. Lady agree that the Government have no justification to deny that this is genocide?

[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.

--- Later in debate ---

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I congratulate my hon. Friend the Member for Wealden (Ms Ghani) on securing this debate. She spoke brilliantly about what the issues were and laid them out in some detail. I will touch on a few of those but many others will deal with them in more detail.

I say from the outset that the whole issue and the plight of the Uyghurs should trouble us not just because people are now being persecuted, executed, put into forced labour and sterilised. Those alone are enough to make us in this House, of all Houses around the world, stand up and say, “Enough.” But this is also about the wider concept: the more that China—the Chinese Government—gets away with doing this and the more that Governments turn their heads when confronted with the problems of calling it out, the more the Chinese Government extend their reach and form of despotic government around the world. We have seen what their purpose is: to countermand the idea of democracy, human rights and the rule of law. They have made that very clear. At every stage, they think that what we do, what we believe in, is weakness and therefore they sell their concept to and impose it on others.

What is happening to the Uyghurs is a huge wake-up call to those of us in the free world who believe substantially in the concept of democracy, human rights and the rule of law, because it is being eroded even as we hold this debate. We cannot assume, as we legitimately did early after the end of the cold war, that we had somehow won this battle and that it was therefore likely that every other country would have to embrace these principles. They do not. We have to fight for them.

The point about the debate—this is why I congratulate my hon. Friend the Member for Wealden so much on having managed to secure it—is that we need to be able to say to our Government, my Government, that they need to be at the forefront and leading on tackling this challenge, not dragged along behind. To be fair to the Government on the Uyghur problem and China in general, they are not alone. Countries across Europe also simply will not admit that there is a problem; Germany has been dragging its feet on this for ages. However, that does not excuse us, because other countries, such as Australia, Canada and the United States, have now all decided that the issue is clear.

If we cannot decide on this, what can we decide? As my hon. Friend pointed out, the tribunal made it very clear. It was a properly constituted tribunal. The Government say it has to be a proper court. It is not a court of law, but the tribunal was constituted correctly and as would be done at the UN. The phrase it used, which is critical, is that it found “beyond reasonable doubt” that the Chinese Government are perpetrating genocide, crimes against humanity and torture against the Uyghurs. It is surely only reasonable that we urge the Government to do the next thing. Instead of arguing about whether the tribunal is a proper court, if the Government themselves suspect at any stage that such things are happening, it is essentially inherent on them, given the 1948 issue, to pursue this and to urgently assess whether they consider the Uyghurs to be at serious risk of genocide. I am happy to take an intervention from my hon. Friend the Minister on this, because we may need to satisfy ourselves that it is within the power of the Government to do that. It is. The Government can do anything that this House wishes them to, and this is also internationally legal.

Will the Minister respond on why the Government simply do not want to do this? We had debates here and tried to amend the Bill three or four times, and we came pretty close, I have to say. However, the reality is that I am not even asking the Government to declare this a genocide. I simply ask them to make this urgent assessment and to follow the evidence of what they find, following the tribunal and all the other areas of information. I ask the Government to start that process, that is all. I am not asking them to reach a conclusion at this particular point. I just want them to start the process. That seems very small.

[Ms Ghani]

One issue we are trying to raise is that the Government are refusing to undertake their legal obligations. On what grounds have they decided that all the evidence presented to the Uyghur Tribunal does not stand up in court?

[Sir Iain Duncan Smith]

I thank my hon. Friend for that intervention. The truth is that the Government have not said anything, so we do not know whether they think the tribunal makes sense or what it says is a reality. We do not know that they disagree with it. It would be great if the Minister would get up and tell us whether they think the tribunal is reasonable, has reached reasonable grounds and has come up with good evidence, and whether they actually believe that a genocide may well be being perpetrated. That is all I ask—whether it may well be being perpetrated. If so, we may then start the ball rolling.

The hon. Member for Oxford West and Abingdon (Layla Moran) mentioned that trade with China had doubled. In all this, we now discover that the country is so out of control that it does not report that it has a desperate virus breaking out to the World Health Organisation in time for it to get control measures in place. That has now led to millions of people dying all over the world. That is what happens when we refuse to bring such a country to book.

That is the problem that we have right now. China is committing genocide and hounding the Taiwanese. It has broken an international treaty over Hong Kong. It is persecuting and incarcerating ordinary, peaceful democracy campaigners in Hong Kong, persecuting Christians, Falun Gong and others, and smashing churches. It has killed Indian soldiers on its border and militarily occupied the South China seas. How much more are we prepared to stand by and watch, and all for the sake of cheaper goods? Do we say nothing? Shame on us! Shame on us that that plastic thing that we bought last week was 10p cheaper than it might have been had it been made somewhere else. Is that a reason to turn our backs on the suffering and persecution of the people who deserve us to stand up for them?

All I ask is for my Government to take a lead. We have a list of people who should be sanctioned—I am also co-chair of the all-party group on Magnitsky sanctions—and they are: Chen Quanguo, the architect not just of the Uyghur suppression, but of Tibet; Peng Jiarui, the deputy party secretary and commander of the Xinjiang Production and Construction Corps; Sun Jinlong, former political commissioner of the Xinjiang Production and Construction Corps; and Huo Liujun, former leader of the Xinjiang public security bureau. We have called for all of them to be sanctioned. They are being sanctioned by the United States. It is not as though, by suddenly standing up, we would be alone; those people have already been sanctioned.

[Ms Ghani]

A number of colleagues in this House have been sanctioned. The Uyghur Tribunal was sanctioned. Individuals who gave evidence to the Business, Energy and Industrial Strategy Committee were intimidated and sanctioned. When will the Government stand up and sanction those who are undertaking the genocide and when will they have the confidence to back not only the House and the Select Committees, but sanctioned colleagues?

[Sir Iain Duncan Smith]

The truth is that, ironically, nothing stops the Chinese Government from sanctioning absolutely everybody who speaks up against them. We here have been sanctioned. In fact, I noticed the other day that the Chinese embassy devoted a whole page to telling the world that I was a liar and a cheat and somebody who basically misled everybody about China. Okay, I am fine with that, if that is what it wants to say. The point is that our Government can now make it clear to everybody else that the problem lies at the heart of the nature of that Government. This is a despotic, brutal, dictatorial regime that cares nothing for human rights, nothing for the rule of law, and, at the end of the day, nothing for the lives of ordinary people.

I end by simply saying that, today, we see through a glass darkly. We are looking at history repeating itself. Because we chose not to speak out, because we chose to appease a despotic, brutal, dictatorial and murderous regime in the 1930s, the situation got worse and worse and we ended up with 60 million people dying. We must speak out now. The Government must lead on this and learn the lessons of the past. The Uyghur Tribunal was absolutely clear that it is almost certain that genocide is taking place. Please, will my Government stand up, broaden their shoulders and say that we will no longer turn our heads away no matter what the consequences are? It is time to make the case for Uyghurs to be represented, supported and helped against this terrible genocide.

[Afzal Khan (Manchester, Gorton) (Lab)]

I thank the hon. Member for Wealden (Ms Ghani) for securing the debate, and for her excellent speech; indeed, we have heard excellent speeches from other Members, too. I commend the tremendous work of the BEIS Committee.

I have lost count of the number of times that I have spoken in this place to urge the Government to take stronger, more robust action against the Chinese Government’s blatant attack on human rights and freedoms. The Government’s response to the genocide taking place in Xinjiang has fallen woefully short. This is hardly global Britain at its best. Today, the Government have a choice—the choice to stand on the right side of history and fulfil their obligations under the genocide convention. As a vice-chair of the all-party parliamentary group on Uyghurs, I have been highlighting the plight of the Uyghurs for several years, and have heard at first hand harrowing testimony from Uyghurs, their family members, and those who have witnessed what I can only call inhumane and chilling abuses.

The Uyghur Tribunal is, to date, the most extensive independent legal investigation of allegations of genocide and crimes against humanity in the Uyghur region. The judgment of the tribunal, published in December ’21, found that the Chinese Government are in fact perpetrating genocide, crimes against humanity and torture against the Uyghurs. I hope that Members from across the House will join me in paying tribute to the brave individuals who gave testimony at the tribunal. I pay particular tribute to Rahima Mahmut, who I consider a friend and a true inspiration. Her heart-wrenching story is a sobering reminder of why the Uyghur genocide is a scar on the world’s conscience.

History will remember us, and we have a moral duty to speak out against these egregious abuses. Next week, we will mark international Holocaust Memorial Day—a reminder that we have let genocide take place before. There have been powerful interventions from faith communities, including the Board of Deputies of British Jews, passionately calling on the Government to condemn the horrors taking place in Xinjiang, which include forced labour, detention, sterilisation, organ harvesting, denouncement of religion, sexual abuse, rape and torture. Despite that, the Government continue to drag their feet on holding China to account.

[Ms Ghani]

Will the hon. Gentleman reflect on the evidence given to the Uyghur Tribunal? What particularly comes to mind is the evidence about factory-sized crematoriums built in the prison factory camps. Let us just think about what that looks like, and which period in our history that reminds us of. How long will we sit here and do nothing?

[Afzal Khan]

I thank the hon. Member for her intervention. It is harrowing, isn’t it? It reminds us of what happened to the Jewish community here in Europe. Those things are repeating.

Will the Minister heed the judgment and recommendations put forward by the Uyghur Tribunal and finally commit to sanctioning Chen Quanguo, the chief architect of the Xinjiang genocide? Will she also take steps to ban imports from Xinjiang and protect Uyghurs living in the UK from harassment and intimidation by the Chinese authorities?

--- Later in debate ---

[Chris Law (Dundee West) (SNP)]

The verdict of the Uyghur Tribunal—that there is proof “beyond reasonable doubt” that the People’s Republic of China is committing crimes of torture, crimes against humanity and the crime of genocide, as defined under international law, against the Uyghur population in Xinjiang—is further confirmation of what we in this Chamber already know. Indeed, in April last year the House passed a motion that stated that it

“believes that Uyghurs and other ethnic and religious minorities in…Xinjiang…are suffering crimes against humanity and genocide”.

As we heard earlier from the hon. Member for Wealden (Ms Ghani), who brought the debate to the House, there has so far been, in her words, “zero progress” from this Government.

We are not the only ones who are aware of what is going on; others are doing something about this situation. The US State Department has determined that China’s violations constitute genocide, as have the Parliaments of Canada, Lithuania and the Netherlands. Yet there is still no condemnation from the Government. There is shocking evidence of arbitrary detention, re-education camps, forced labour, the destruction of cultural sites, torture, rape and sexual violence and enforced sterilisation. Probably worst of all, and what I heard most harrowingly today, are the abortions of children who are alive at the late stage of pregnancy, who are then murdered by the Chinese state authorities. Those of us with an understanding of the Chinese Communist party’s motives, its actions in the past and its scant regard for human rights have been voicing our concerns loudly, despite attempts to keep us silent. I thank the hon. Member for Wealden for securing today’s debate and her relentless pursuing of this cause.

Although the Uyghur Tribunal has shone further light on the atrocities being committed in Xinjiang, the fact that we are relying on an unofficial body to do that, and the fact that these crimes are not prevented in the first place and continue to take place today, is shameful and an abject failure of the international community. As Sir Geoffrey Nice QC, chair of the tribunal, stated:

“Had any other body, domestic or international, determined or sought to determine these issues, the tribunal would have been unnecessary”.

For too long, as China has been emerging as a global superpower, a blind eye has been turned to the Chinese Communist party’s gross human rights abuses, but these cannot and must not be ignored any longer. Sadly, the International Criminal Court announced in December 2020 that it would not investigate allegations because China, as a non-member, was outside its jurisdiction. Furthermore, the possibility of further investigation by referral from the United Nations Security Council is hamstrung by the simple fact that China would simply use its veto to prevent that.

The UK Government therefore need to stop hiding and get away from the refrain of, “The policy of successive UK Governments is that any determination of genocide or crimes against humanity is a matter for a competent court.” It is not; it is a matter for a competent and active Government, and every voice and every party in this House is asking for urgent action—and now.

It is of grave concern that even despite the findings of report after report and investigation after investigation, the UK Government do not appear to accept the findings of genocide or their moral and, as has been said repeatedly today, legal obligation to prevent and punish these horrific crimes. It is nearly nine months since the House stated that what was happening in Xinjiang was genocide and more than one month since the Uyghur Tribunal published its judgment. We need to hear unequivocally from the Minister what assessment the UK Government have made of these verdicts, and what their next steps will be.

Have the UK Government explored the prospect of a UN Human Rights Council commission of inquiry using their Human Rights Council seat, as recommended by the Foreign Affairs Committee? If the Chinese Government continue to stall and prevent in-country investigations, the UK Government should propose a Human Rights Council motion that the UN High Commissioner for Human Rights should conduct an investigation into atrocities in Xinjiang from outside China. I hope the Minister is making some notes, because I would like to hear the answers to these questions today. Even if the Chinese Government continue to deny international observers access to Xinjiang, there is a great deal of evidence that can be used to verify the extent of crimes being committed there, as shown by the volume of evidence received at the hearings of the Uyghur Tribunal.

When it comes to access to Xinjiang and other regions in China, we can learn from others. The USA enacted the Reciprocal Access to Tibet Act 2018, which denies Chinese Government officials access to the US if they are responsible for implementing restrictions on Americans who seek access to Tibet. I put it on the record today that I would like to join colleagues in the House who have been sanctioned and are fearful to travel to China in putting forward a visa application to see whether we will be denied. If we are, it will be a golden opportunity for the UK Government to step up and say, “That is fine. You are denying our own democratic representatives. This is what will happen to your officials.”

[Ms Ghani]

I just want to challenge the hon. Member’s point. I think he said that the sanctioned MPs are “fearful” of the sanctions and travelling to China. May I put it on the record that none of the sanctioned MPs are fearful of travelling to China or of the Chinese Communist party?

[Chris Law]

I am glad that the hon. Member has addressed that point. I did not directly mean those who had been sanctioned, but others beyond that who would like to say and do more. I fully appreciate that there are no sanctioned Members here who fear the Communist party state and its behaviour towards its inhabitants.

I was talking about reciprocal access to Tibet. The hon. Member for East Worthing and Shoreham (Tim Loughton), who is no longer in his seat, and who I work with as co-chair of the all-party parliamentary group for Tibet, has persevered with the Tibet and Xinjiang (Reciprocal Access) Bill. I once again urge the UK Government to give the Bill their full support and to enact its provisions immediately. I look forward to hearing a response on that this afternoon.

Indeed, many have commented that the illegal invasion and occupation of Tibet was the testing ground for the Chinese Communist party, and that the lessons learned from the oppression of Tibetans have been applied to Xinjiang, yet none of us across the decade since then has done enough to stand up for the people of Tibet, and this is the consequence of silence. It would be worthwhile, therefore, if the UK Government reversed the regrettable decision taken by the then Foreign Secretary, David Miliband, in 2008 to disregard the previous recognised autonomy of Tibet and accept Chinese authority over the region.

In 2011, Chen Quanguo was appointed the party secretary in the Tibetan autonomous region after the Chinese Communist party vowed never to let the protests that happened there in 2008 occur again. He was the key individual behind blanket surveillance, a heavy police presence, arrests and disappearances, and re-education camps in Tibet. From 2016, he has employed the same security measures in his repression of the Uyghurs, only this time on a far expanded scale. He was able to move seamlessly from repressing one group of people to another, because as far as the Chinese Communist party is concerned, he got results and he got away with it in the international community.

Chen is named in the Xinjiang papers released at the Uyghur Tribunal, and the UK Government must step up sanctions against him and his colleagues involved in perpetrating these gross human rights abuses. So I would like to hear from the Minister what further names have been added to the Magnitsky sanctions. The USA has sanctioned him, and it is again ahead of the UK, having just passed the Uyghur Forced Labor Prevention Act banning all imports from Xinjiang unless a company can prove that they were not made with forced labour.

The UK could be doing exactly the same, but instead is choosing to sit on its hands, and the Government have in fact rejected the BEIS Committee’s recommendations to help tackle slave labour in Xinjiang. The Minister needs to explain why, and I urge the Government that this needs to change. Given that one in five garments globally are made from the cotton of Xinjiang—which means that just about every one of us in this Chamber will be wearing such a garment—and that other key products such as solar panels, which have been mentioned, are produced there, the UK needs to toughen up and enforce its own legislation. Furthermore, the UK should be pressing for the International Labour Organisation to conduct a full investigation on the Xinjiang region, to verify the extent of forced labour there as a matter of urgency.

The recent integrated review of security, defence, development and foreign policy called for more trade with China, but that potential trade liberalisation cannot come at the cost of forced labour in Xinjiang and weak words and inaction from the UK Government on these grave human rights abuses. As we have heard, the current Foreign Secretary, in her previous position as International Trade Secretary, facilitated a doubling of trade with China. The world cannot be picked off nation by nation, each turning a blind eye to genocide for the sake of trade deals.

I echo the hon. Member for Manchester, Gorton (Afzal Khan), who is no longer in his place, in saying that we need to work with democracies across the world because democracy is fragile, and that is fundamentally what is being undermined as we do nothing here. Instead of focusing on trade, and whipping Members to vote against anti-genocide amendments to the Trade Bill, atrocity prevention should be the priority. It is deeply regrettable that the UK Government, like others, failed to recognise and prevent the atrocities in Xinjiang before they reached the levels that we are currently witnessing.

Finally, the UK Government cannot appease China, given these crimes against humanity. It is imperative that the UK Government go beyond words of condemnation and use every single possible avenue to end the persecution and to pursue the punishment of those who have instigated and participated in it. The Chinese Government must be held to account for their abhorrent crimes, and held to account now. Given the overwhelming evidence, and given that every single person in this Chamber is saying, time and again, “Please act, and please act now,” I expect nothing less than that from the UK Government Minister this afternoon, to show that we are not cowardly; and I also expect to hear her accept that to do nothing would be an utterly shameful abandonment of our legal and moral duty, as well as our own humanity.

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[Janet Daby (Lewisham East) (Lab)]

So far, the speeches in this important debate have been disturbing, powerful and heartfelt. There is clearly cross-party support for the motion. I thank the hon. Member for Wealden (Ms Ghani) for securing the debate and for responding to the recent tribunal judgment, and I thank every other Member who has spoken.

The Uyghur Tribunal, led by Sir Geoffrey Nice QC, is the most extensive independent legal investigation to date of allegations of genocide and crimes against humanity in the Uyghur region. The Uyghur Tribunal judgment, published in December last year, found it “beyond reasonable doubt” that the Chinese Government were perpetrating genocide, crimes against humanity and torture against the Uyghurs. That should be enough for the UK—our Government—to agree that genocide is taking place in Xinjiang.

In April 2020, this House unanimously agreed to a motion declaring that Uyghurs in Xinjiang were suffering crimes against humanity and genocide. There was a clear parliamentary consensus on the issue, as I believe there still is now. However, since then the Government have not done enough to push back against the atrocities. It has already been said in this Chamber that our Government need to stand on the right side of history, and I implore and encourage them to do so. Will the Government follow the House and recognise these atrocities and breaches of the United Nations convention on the prevention and punishment of the crime of genocide, and play a leading role?

Democracy is in retreat across the globe, but the Government must be rock solid in their commitment to democracy, human rights and the rule of law. I remind the House of the real experiences involved, many of which have already been discussed: the unbelievable situations inflicted on Uyghur men and women, including mental torture, physical abuses, rape, isolations and killings. We have already heard about babies being born and then killed. None of these things should be happening in this day and age. We must not be silent bystanders; we all have to accept responsibility. Our Government need to act for the United Kingdom.

[Ms Ghani]

As the hon. Lady has mentioned, the evidence presented to the Uyghur Tribunal is gruesome and it is hard to comprehend the numbers involved. Of course the Chinese Communist party had the opportunity and the absolute right to present to that tribunal, but it was unable to because it is afraid of the spotlight.

Does the hon. Lady agree that it is surprising and a little disappointing that the UK Government also did not come forward and give whatever evidence they had to the Uyghur Tribunal? Perhaps the Minister can respond to that in her closing remarks.

[Janet Daby]

I thank the hon. Lady for that remark, and all the others she has made. They are totally on point. It is astonishing, shocking and an absolute disgrace that our Government did not participate and give evidence and that they have not come forward with a statement agreeing with the judgment that took place last month. It is a disgrace that we should have to stand here trying to cajole and encourage our Government to take the spotlight, take the lead and take control.

These abuses against humanity should not be happening. Our Government have a history of slavery, in the past; we need to make sure that we are doing better than we did in the past. We can do better and improve our history by standing with a whole community of people being wiped out in Xinjiang. We need to stand against the Chinese Government and for the Uyghurs.

Even those who avoid the camps that I have spoken about find themselves enslaved. Uyghurs in Xinjiang suffer under intense surveillance, and much of the rural population have been moved into labour factories in the western region of the province. Research seen by the BBC showed that up to 500,000 people are being forced to pick cotton for long hours and with no rights in Xinjiang. Will the Government accept the recommendations of the fifth report of the Business, Energy and Industrial Strategy Committee? Will they force UK companies to finally rid their supply chains of forced labour?

Finally, as I have already said, will the UK take a leading role and work with our international partners to end this infliction on the Uyghurs and hold those responsible—the Chinese Government—to account?

[Margaret Ferrier (Rutherglen and Hamilton West) (Ind)]

I congratulate the hon. Member for Wealden (Ms Ghani) on securing today’s debate, and I commend her and the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), who is no longer in his place, for their very powerful contributions.

The brutal reality that crimes against humanity and acts of genocide can still occur in 2022 is unbelievable. The tribunal’s judgment vindicates what the Uyghur people have been telling us for far too long. Beyond reasonable doubt, the Uyghurs have been persecuted and subjected to torture, rape and sexual violence, forced sterilisation, forced labour and murder by the Government of the People’s Republic of China.

There is so much more, but simply listing each atrocity, one after another, does not lend enough weight to each act—not when 12 million people are suffering for no reason other than their religion or ethnicity. The judgment makes for sober reading. It describes the depraved actions against the Uyghurs, which are, for most of us, unimaginable. Witness evidence describes the desecration of mosques and places of worship, long prison sentences for practising religion, punishment for speaking the Uyghur language and land and money stolen by the state. If there were a tame end of the scale, and there is not, this would be it.

Witness evidence describes how hundreds of thousands of Uyghurs detained with no cause have had their fingernails ripped from their nail beds and have been beaten with sticks and shackled with heavy weights at their feet, sometimes with their hands connected, for months on end, which is unimaginable. The judgment recounts the evidence from a young woman who was gang raped by policemen while a crowd of 100 was forced to watch. There are details of sexual violence so horrific that it is difficult to repeat. There are stories of prominent community members who were disappeared and of children as young as a few months old who were separated from their mothers—literally every parent’s greatest fear.

The tribunal heard evidence that young, fit Uyghurs were subjected to forced organ harvesting, supported by a pattern of disappeared detainees, the co-location of the detainee hospital and a crematorium, and the hugely lucrative organ market in China. Although I acknowledge that this allegation was not proved beyond reasonable doubt, the evidence presented has been acknowledged as presenting the possibility, which is a sickening thought.

The tribunal found that torture of Uyghurs and crimes against humanity

“attributable to the PRC is established beyond reasonable doubt”.

More significantly it found that

“beyond reasonable doubt…the PRC, by the imposition of measures to prevent births intended to destroy a significant part of the Uyghurs in Xinjiang as such, has committed genocide.”

The Chinese Government, unsurprisingly, have refused to accept these findings, calling them “absurd” and “sheer lies and disinformation”. The UK Government must, in the strongest possible terms, reject those assertions from China.

The great personal risk taken by every witness who bravely gave evidence must not be in vain. We must provide some assurances and show our support. I say without hesitation that the Uyghur people have my support. I support the calls for the Government to assess the risk of genocide in East Turkestan, which is the minimum required to meet their international obligations, but we should be giving more than just assurances and the bare minimum.

What concrete, measurable steps will the Government take to protect the rights of the Uyghur people? Will the Government join allies such as the US in calling this exactly what it is? In 1948, following the second world war, 39 countries signed the convention on the prevention and punishment of the crime of genocide, which was drafted so that the horrors of the preceding years could not be repeated. The Prime Minister has argued that a determination of genocide cannot be made by a body other than the International Criminal Court. That might be technically true, but the international community has found itself in a position where such a criminal prosecution simply is not possible.

China is outside the jurisdiction of the International Criminal Court and, as a member of the UN Security Council, has veto powers on cases taken to the International Court of Justice. For the very reason that a criminal case cannot be brought, I ask the Prime Minister to reconsider his stance. It is clear that the lack of a judgment from one of these bodies does not equate to a lack of evidence of acts of genocide.

[Ms Ghani]

The hon. Lady is making a very powerful speech. I want to refocus her, because I do not want to have the Minister wasting our time by referring to the wrong debate. This is fundamentally about the 2007 ICJ ruling, not the old debate about who determines genocide. This is about the intent of genocide and the Government’s responsibility for assessing whether they are comfortable with that or not, does she agree?

[Margaret Ferrier]

I thank the hon. Lady for that intervention, I am glad for the clarification and I hope the Minister will consider it in her remarks.

In exactly one week, we will be in this Chamber again, this time to commemorate Holocaust Memorial Day, and this year’s theme is learning from genocide. Would it not be timely if the Government chose the following few days to stand up against the current acts of genocide in the world, and to show how the UK continues to learn those lessons and advocates for the voiceless?

--- Later in debate ---

[Amanda Milling]

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.

[Ms Ghani]

Will my right hon. Friend give way?

[Amanda Milling]

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

[Ms Ghani]

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

[Amanda Milling]

Okay.

[Ms Ghani]

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]

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.

[Ms Ghani]

Will my right hon. Friend give way?

[Amanda Milling]

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.

[Ms Ghani]

Will my hon. Friend give way on that point?

[Amanda Milling]

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.

--- Later in debate ---

[Sir Iain Duncan Smith]

rose—

[Ms Ghani]

rose—

[Janet Daby]

rose—

--- Later in debate ---

[Ms Ghani]

I am not quite sure whether the Minister was here for the debate, which was based on the 2007 ICJ ruling that states very clearly our legal obligation to investigate if we believe that there is intent to commit genocide. That is exactly what we have put forward in the motion. The Uyghur Tribunal heard evidence and said that the evidence does exist for biological genocide, human rights abuses and torture.

The Minister stated that she would get back to me on a number of points on which she could not respond at the Dispatch Box, in particular in respect of blacklisting the firms that are exploiting British customers and putting on our shelves products made using slave labour.

I put on the record my thanks to the World Uyghur Congress, to the Inter-Parliamentary Alliance on China and to all colleagues who contributed to the debate. I know there are huge concerns about sanctions on parliamentarians, but we are in a free world and should concentrate on the Uyghurs whose lives are being lost at the hands of the Chinese Communist party.

I am disappointed that the Minister wanted to quibble over the critical point of the debate, let alone to use clever legal arguments to get out of our obligation. I put on the record that it is difficult to draw a comparison between what it is happening in Xinjiang and the genocide of the Jewish people, but the Board of Deputies has already made its position clear. I also put on record the fact that at one point the late Rabbi Sacks was asked, “Where was your God at Auschwitz?”, and the Lord Rabbi Sacks said the issue was not about God but, “Where was man?” I want it to be on the record that men and women are putting a voice to what is happening in Xinjiang.

I respectfully ask that the Government allow our motion to pass; that they respond to the three principles and on the sanctions and blacklisting; and, in particular, that they return to the House in two months with an assessment of how they consider the evidence presented to the Uyghur Tribunal.

Question put and agreed to.

Resolved,

That this House notes that the December 2021 Uyghur Tribunal’s judgment in London found beyond reasonable doubt that the People’s Republic of China was responsible for genocide, crimes against humanity and torture in the Uyghur region; and calls on the Government to urgently assess whether it considers there to be a serious risk of genocide in the Uyghur region and to present its findings to the House within two months of this motion being passed, use all means reasonably available to ensure the cessation of ongoing genocide, including conducting due diligence to ensure it is not assisting, aiding, abetting or otherwise allowing the continuation of genocide and fulfil its other obligations under the UN Convention on the Prevention and Punishment of Genocide, accept the recommendations of the Fifth Report of the Business, Energy and Industrial Strategy Committee, Uyghur forced labour in Xinjiang and UK value chains, Session 2019-21, HC 1272, including black-listing UK firms selling slave-made products in the UK and putting in place import controls to protect UK consumers, and place sanctions on the perpetrators of this genocide, including Chen Quanguo.