OHCHR report gives weight to Xinjiang human rights concerns
A report published 31 August by the United Nations Human Rights Office of the High Commissioner (‘OHCHR’) voicing concerns about the treatment of the Uighur Minority in China’s Xinjiang Uighur Autonomous Region (‘XUAR’), including detention without charge and torture, is likely to heighten calls for tighter restrictions on imports from Xinjiang and other measures, say observers.
The report found that ‘Serious human rights violations have been committed in XUAR in the context of the [Chinese] Government’s application of counter-terrorism and counter-“extremism” strategies,’ and that ‘implementation of these strategies, and associated policies in XUAR has led to interlocking patterns of severe and undue restrictions on a wide range of human rights.’
Inter alia, the report notes that the broad scope of definitions of key terms used to justify oppressive measures ‘leaves the potential that acts of legitimate protest, dissent and other human rights activities, or of genuine religious activity, can fall within the ambit of “terrorism” or “terrorist activities”, and consequently for the imposition of coercive legal restrictions on legitimate activity protected under international human rights law.’
It says that such provisions ‘are vulnerable to being used – deliberately or inadvertently – in a discriminatory or otherwise arbitrary manner against individuals or communities.’
It points out that a 2017 regulation contains a list of ‘primary expressions of extremification’, examples of which ‘include “rejecting or refusing radio and television”; being “young and middle-aged men with a big beard”; “suddenly quit[ting] drinking and smoking, and not interacting with others who do drink and smoke”; and “resisting normal cultural and sports activities such as football and singing competitions”’, among others.
Researchers have catalogued numerous accounts of ill-treatment including lack of due process, torture, sexual violence, family separation and violations of reproductive rights, as reported in the document, and recommendations to the Chinese government include that it:
‘Implements, as a matter of priority, the Concluding Observations from the UN Committee against Torture and the UN Committee on the Elimination of Racial Discrimination, including establishment of an independent oversight mechanism to ensure prompt, impartial and effective investigation into all allegations of torture and ill-treatment; and
‘Ensures that surveillance both on and offline comply with strict tests of legality, necessity and proportionality, including for matters of national security, and does not infringe on fundamental rights and freedoms of individuals.
It also asks that the business community:
‘Takes all possible measures to meet the responsibility to respect human rights across activities and business relationships as set out the UN Guiding Principles on Business and Human Rights, including through enhanced human rights due diligence, and report on this transparently; and
‘Strengthens human rights risk assessment by companies involved in the surveillance and security sector, including whether products and services could lead to or contribute to adverse human rights impacts, including on the rights to privacy, freedom of movement, and the respect of non-discrimination.’
In a detailed response to the report, China says that the ‘so-called “assessment” runs counter to the mandate of the OHCHR’ and ‘distorts China’s laws and policies, wantonly smears and slanders China, and interferes in China’s internal affairs.’
See the report at: https://www.ohchr.org/sites/default/files/documents/countries/2022-08-31/22-08-31-final-assesment.pdf
And the Chinese response at: https://www.ohchr.org/sites/default/files/documents/countries/2022-08-31/ANNEX_A.pdf
