Uyghur Tribunal Judgment

Tim Loughton Excerpts

Thursday 20th January 2022 Commons Chamber

[Tim Loughton (East Worthing and Shoreham) (Con)]

I am delighted to be able to speak in this debate—yet another on China’s abuse of human rights. They are virtually a weekly event in this place, which is good. It is also good that many hon. Members from all parties—a growing number—are here in support of this cause, although I am surprised not to see the hon. Members for Brent North (Barry Gardiner) and for Leeds East (Richard Burgon), who take such an interest in Chinese matters, as we recently learned.

Yesterday in the Lords, Lord Alton of Liverpool, a fellow sanctioned Member—perhaps I ought to declare an interest as a sanctioned Member of the House—made allegations that China has subverted our legislative programme by persuading Members of their lordships’ House to table amendments to an Act of Parliament. That was a serious allegation into which I hope the House authorities will now look, and it again underlines the danger that the Chinese state, the Chinese Communist party and its various tentacles pose even in the heart of democracy. We heard about that earlier in the week in the welcome urgent question granted by Mr Speaker and his welcome comments about ensuring the security of hon. Members in this place to protect them from the Chinese Government.

In the Minister’s response, I ask that she addresses the fact that we are still waiting for an answer to why the Government have given £80,000 of UK taxpayers’ money to an academic to produce a report on the China hawks—that is us—to lay bare some of the criticising parties who have given oxygen to all the horrendous things committed by China. That is being funded by UK taxpayers, which is outrageous and an insult to the freedom of speech which we cherish in this place and for which we have been sanctioned by the Chinese Government.

The incredible work of the Uyghur Tribunal is to be applauded, disseminated, publicised and spoken about at every opportunity. I repeat the praise by my hon. Friend the Member for Wealden (Ms Ghani) and congratulate her again on leading on the issue in the House. Sir Geoffrey Nice did a fantastic job and gave a moving and landmark judgment on 9 December.

The tribunal was carried out to the highest standard of proof with very qualified experts and witnesses from numerous fields giving valuable evidence. One might say that Sir Geoffrey Nice’s conclusions were quite timid or conservative compared with what they could have been, so in no way can the judgment be seen as sensationalist or unrealistic—quite the reverse. It was a finding of fact.



This House was right to move the motion, led by my hon. Friend the Member for Wealden and passed on 22 April, that recognised the Chinese genocide against the Uyghurs. This House was right to pass unanimously my motion in favour of a diplomatic boycott, which I think we now have, although it is not entirely clear that it is a full diplomatic boycott, on 13 July. I welcome much of the Government’s action, as far as it goes, although those two motions were led by Back Benchers, not by the Government in Government time.

I congratulate the Government on some of their words of condemnation of what has been done by the Chinese Government, and I congratulate them on the sanctions that have been introduced, but there have not been nearly enough. The name of Chen Quanguo has been mentioned as the architect of repression in Tibet, which is now being repeated in Xinjiang. I welcome the business restrictions that have been brought in for those companies trading in Xinjiang to ensure that they are compliant with section 54 of the Modern Slavery Act 2015. I also welcome the measures recently introduced on the financing of infrastructure projects so that we do not have to rely on the deep pockets of China’s sovereign funds. In the UN, the UK has led on the condemnation of China human rights abuses. We have called for unfettered access to Xinjiang and other parts of China for the UN High Commissioner for Human Rights, which of course has been denied. Those measures do not go far enough.

The Chinese Government are in denial. What did the Chinese spokesman say about the “so-called” Uyghur Tribunal? They claimed it was funded by the “terrorist and separatist” organisation, the World Uyghur Congress, and nothing but a

“political tool used by a few anti-China and separatist elements to deceive and mislead the public…The ‘Tribunal’ and its so-called ‘conclusions’ are mere clumsy shows staged by anti-China elements for their self-entertainment. Anyone with conscience and reason will not be deceived or fooled”.

I do not call the revelations that we heard in the Uyghur Tribunal—from women who had been raped, tortured and abused, and people who had been imprisoned and had their lives completely ruined—self-entertainment. The response of the Chinese Government, who are constantly in denial, is absolutely disgraceful, which is why it is so important that we continue to call them out in this place and beyond, and that we act with other fair-minded democracies and free nations around the world and their Governments to continue calling it out. There have to be implications resulting from this. It is not enough just to call it out.

Let us look at what the tribunal came up with. It is worth mentioning a few of its findings, as my hon. Friend the Member for Wealden has already done.

“Hundreds of thousands of Uyghurs…have been detained by PRC authorities without any, or any remotely sufficient reason, and subjected to acts of unconscionable cruelty, depravity and inhumanity.”

It found that many had been “tortured for no reason”, “detained in cages” and

“shackled by heavy metal weights”.

It also found:

“Detained women—and men—have been raped and subjected to extreme sexual violence…Detainees were subjected to solitary confinement in cells…At ‘classes’ in detention centres, detainees were forced to learn and sing songs in praise of the CCP…Detainees were forced to take medicines by mouth or by injection that affected reproductive functioning of women and possibly of men”.

Pregnant women were forced to have abortions, as my hon. Friend mentioned. The report also found evidence of “intense monitoring” and “surveillance” of Uyghur people:

“Neighbours, members of families and other members of the community were incentivised or coerced in various ways to spy on each other.”

Many people have been disappeared. It is not just famous tennis players who get disappeared. They are the ones we know about, but so many others are just disappeared. The report also found:

“Children as young as a few months were separated from their families and placed in orphanages or state-run boarding schools.”

Such cruelty to family life. It goes on:

“A systematic programme of birth control measures had been established forcing women to endure removal against their will of wombs and to undergo effective sterilization by means of IUDs which were only removeable by surgical means…Uyghur women have been coerced into marrying Han men with refusal running them the risk of imprisonment for themselves or their families.

‘Family friends’—mostly Han men—have been imposed on Uyghur households for weeks at a time to monitor and report on the households’ thoughts and behaviours”—

of those Uyghur families, while:

“A large-scale enforced transfer of labour programme…emblems of Muslim faith were removed…acts of faith were punished…The use of the Uyghur language has been punished”

and restricted, while

“assets have been arbitrarily appropriated by”

the authorities, and there have been “relocation of occupiers”, or large-scale displacements, and intimidation of Uyghur families living outside China.

I was glad that the Home Secretary, in her response this week, agreed with the allegations about the intimidation of the diaspora of Chinese people and Uyghurs living around the world. The Foreign Office has also admitted to the harassment that has been going on in the UK, to intimidate people into silence. That, absolutely, needs to be reported to the police.

Those are all things that the tribunal found. President Xi Jinping is at the top of those who have the responsibility, the culpability, for what is going on. He bears the primary responsibility. Those things are the direct result of policies, language and speeches promoted by President Xi and others. Furthermore, those policies could not have happened in a country with such rigid hierarchies as the People’s Republic of China without implicit and explicit authority from the very top. Let us lay the blame where it belongs. We do not take issue with the Chinese people; we take issue with the Chinese Communist party Government, which is responsible for all the pain that they are causing and have caused to so many.

The tribunal decided:

“Torture of Uyghurs attributable to the”

Chinese Communist Government

“is established beyond reasonable doubt…Crimes against humanity attributable to the”

Chinese Communist Government

“is established beyond reasonable doubt”,

and,

“on the basis of evidence heard in public, the Tribunal is satisfied beyond reasonable doubt that the”

Chinese Communist Government

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

There is no getting away from it—there is no denying it, as the Chinese Government would have us do.

It is therefore important that we take the step today to acknowledge the truth that the Uyghur tribunal has uncovered and that we redouble our pressure on our Government and other Governments to ensure that there are implications for those findings. Virtually every day—I have a clutch of press cuttings from the past few weeks—there are stories about the malign influence of the Chinese Government throughout the world: opposition who are disappeared, or people who just spoke out against sexual abuse; instances of Chinese agents spying on students in our universities; Beijing-backed students harassing pro-democracy activists on our university campuses; threats to Taiwan internationally; or building fake US battleships for war games and target practice.

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

My hon. Friend is making a powerful case, as many, such as my hon. Friend the Member for Wealden (Ms Ghani), have. Does he not think that, if the Government do not lead on that, they open the door to universities, businesses and others to fall away from doing anything and not taking a lead? For example, he mentioned universities. The key point there is that, when we speak to them, they all claim that they did not really think that it was up to them to do it; it was up to the leadership of the Government. The Government will set the terms, and we will start to clean the system once that happens.

[Tim Loughton]

My right hon. Friend is absolutely right. Leadership from the Government is essential. All of us—certainly the three musketeers on the Conservative Benches who are sanctioned—have asked repeatedly for a proper audit of the tentacles of the Chinese Communist party, which extend into our boardrooms, our university campuses, our schools, our businesses and Parliament, as we saw with the exposé earlier this week. The Government must take a lead in the country and for other like-minded nations, which need to be able to act together. Through the Inter-Parliamentary Alliance on China, which my right hon. Friend admirably co-chairs, bringing parliamentarians together who are now prepared to speak out and act in unison across the world will have and is having an impact.

We must redouble those efforts after all the revelations that we have heard about the malign influence of the Chinese Communist Government across the world, culminating in the recent speech by Richard Moore, the head of MI6, about the China threat that we all face.

What is to be done? Today, we need to get the Government to face up to, acknowledge and agree to our international obligations under the law of genocide. To repeat the point that my hon. Friend the Member for Wealden made, the United Kingdom is a party to the genocide convention. All state parties to the genocide convention are under an obligation to refrain from taking an active part in the crime of genocide and, additionally, to prevent the commission of genocide by others, using all means reasonably available and within their power. That includes situations in which one state alone would be unable to prevent genocide but in which its actions in combination with the efforts of other states may do so.

The obligation to take concrete steps to prevent genocide is triggered

“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”

or is already being committed. The UK is on notice and has the requisite awareness of the serious risk that genocide is being committed or will be committed against the Uyghurs in the Xinjiang region of China and is therefore under an obligation to act to prevent that genocide. It could not be clearer.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The hon. Gentleman comes to the nub of the matter. This is an appropriate moment to remind ourselves why the genocide convention is framed in such a way: because throughout history, when genocide has happened, we have always played catch-up and said that we did not know. We live in a very different world now, in which we do know; that is why we have the obligation, which has now been triggered, to act. We can call it out in the House, but only the Government can act.

[Tim Loughton]

The right hon. Gentleman is absolutely right and has been a doughty champion of the cause. We cannot stand by and wait for further atrocities to happen. We are under a duty to trigger the processes that recognise that genocide has been and is still being committed, and to take appropriate actions to counter it. That is absolutely clear. I cannot envisage anything the Government could say in response today that would get them out of that obligation, now that the evidence has so clearly, so starkly and so skilfully been put forward by Sir Geoffrey Nice.

That is our first requirement, but there are other things that the Government can do. Following the lead taken in the United States with the recent Uyghur Forced Labor Prevention Act, which my hon. Friend the Member for Wealden mentioned, we have a Bill on the Order Paper: the Tibet and Xinjiang (Reciprocal Access) Bill, which has specific sanctions that we can bring to bear against Chinese Government officials to reinforce the point that we are absolutely serious. We need further high-ranking officials, starting with Chen Quanguo, to be sanctioned to show that we are absolutely clear about who is responsible for the ongoing haranguing and victimisation of the Uyghur people.

This must happen. I have no doubt that at the end of the debate we shall all will it to happen, with no votes demurring, but the Government must take the lead. They must do what they are required to do under international law and under the moral duty that we have all recognised today and stand up for those people who are still being victimised by the horrendous torture meted out by the Chinese Communist party Government.