PARLIAMENTARY DEBATE
Xinjiang: Forced Labour - 12 January 2021 (Commons/Commons Chamber)
Debate Detail
The evidence of the scale and severity of the human rights violations being perpetrated in Xinjiang against the Uyghur Muslims is now far-reaching. It paints a truly harrowing picture. Violations include the extrajudicial detention of over 1 million Uyghurs and other minorities in political re-education camps; extensive and invasive surveillance targeting minorities; systematic restrictions on Uyghur culture, education and, indeed, on the practice of Islam; and the widespread use of forced labour. The nature and conditions of detention violate basic standards of human rights. At their worst, they amount to torture and inhumane and degrading treatment, alongside widespread reports of the forced sterilisation of Uyghur women.
These claims are supported now by a large, diverse and growing body of evidence that includes first-hand reports from diplomats who visit Xinjiang and the first-hand testimony from victims who have fled the region. There is satellite imagery showing the scale of the internment camps, the presence of factories inside them and the destruction of mosques. There are also extensive and credible third-party reports from non-governmental organisations such as Human Rights Watch and Amnesty International, with the United Nations and other international experts also expressing their very serious concerns.
In reality, the Chinese authorities’ own publicly available documents also bear out a similar picture. They show statistical data on birth control and on security spending and recruitment in Xinjiang. They contain extensive references to coercive social measures dressed up as poverty alleviation programmes. There are leaks of classified and internal documents that have shown the guidance on how to run internment camps and lists showing how and why people have been detained.
Internment camps, arbitrary detention, political re-education, forced labour, torture and forced sterilisation —all on an industrial scale. It is truly horrific—barbarism we had hoped was lost to another era is being practised today, as we speak, in one of the leading members of the international community.
We have a moral duty to respond. The UK has already played a leading role within the international community in the effort to shine a light on the appalling treatment of the Uyghurs and to increase diplomatic pressure on China to stop and to remedy its actions. I have made my concerns over Xinjiang clear directly to China’s Foreign Minister Wang Yi. We have led international joint statements on Xinjiang in the United Nations General Assembly Third Committee and the UN Human Rights Council. In the Third Committee, we brought the latest statement forward together with Germany in October last year and it was supported by 39 countries.
China’s response is to deny, as a matter of fact, that any such human rights violations take place at all. They say it is lies. If there were any genuine dispute about the evidence, there would be a reasonably straightforward way to clear up any factual misunderstandings. Of course China should be given the opportunity to rebut the various reports and claims, but the Chinese Government refuse point blank to allow the access to Xinjiang required to verify the truth of the matter.
We have repeatedly called for China to allow independent experts and UN officials, including the United Nations High Commissioner for Human Rights, proper access to Xinjiang, just as we in this country allow access to our prisons, our police custody suites and other parts of the justice system to independent bodies who hold us to account for the commitments to respect human rights that we have made.
China cannot simply refuse all access to those trusted third-party bodies that could verify the facts and, at the same time, maintain a position of credible denial. While that access is not forthcoming, the UK will continue to support further research to understand the scale and the nature of the human rights violations in Xinjiang. But we must do more, and we will.
Xinjiang’s position in the international supply chain network means that there is a real risk of businesses and public bodies around the world, whether inadvertently or otherwise, sourcing from suppliers that are complicit in the use of forced labour, allowing those responsible for violations to profit—or, indeed, making a profit themselves—by supplying the authorities in Xinjiang. Here in the UK, we must take action to ensure that UK businesses are not part of supply chains that lead to the gates of the internment camps in Xinjiang, and to ensure that the products of the human rights violations that take place in those camps do not end up on the shelves of supermarkets that we shop in here at home week in, week out.
We have already engaged with businesses with links to Xinjiang; we have encouraged them to conduct appropriate due diligence. More widely, we have made a commitment to tackling forced labour crystal clear. With the introduction of the Modern Slavery Act 2015, the United Kingdom was the first country to require companies by law to report on how they are tackling forced labour in their supply chains. Today, I can announce a range of new measures to send a clear message that those violations of human rights are unacceptable and, at the same time, to safeguard UK businesses and public bodies from any involvement or links with them.
I have been working closely with my right hon. Friends the Home Secretary, the Secretary of State for International Trade and the Chancellor of the Duchy of Lancaster. Our aim, put simply, is that no company profits from forced labour in Xinjiang, and that no UK business is involved in their supply chains. Let me set out the four new steps that we are now taking.
First, today the Foreign, Commonwealth and Development Office, and the Department for International Trade have issued new, robust and detailed guidance to UK businesses on the specific risks faced by companies with links to Xinjiang, and underlining the challenges of conducting effective due diligence there. A Minister-led campaign of business engagement will reinforce the need for UK businesses to take concerted action to address that particular and specific risk.
Secondly, we are strengthening the operation of the Modern Slavery Act. The Home Office will introduce fines for businesses that do not comply with their transparency obligations, and the Home Secretary will introduce the necessary legislation setting out the level of those fines as soon as parliamentary time allows.
Thirdly, we announced last September that the transparency requirements that apply to UK businesses under the Modern Slavery Act will be extended to the public sector. The FCDO will now work with the Cabinet Office to provide guidance and support to UK Government bodies to exclude suppliers where there is sufficient evidence of human rights violations in any of their supply chains. Let me say that we in the United Kingdom—I think rightly—take pride in the fact that the overwhelming majority of British businesses do business with great integrity and professionalism right around the world. That is their hallmark and part of our USP as a global Britain. Precisely because of that, any company profiting from forced labour will be barred from Government procurement in this country.
Fourthly, the Government will conduct an urgent review of export controls as they apply, specifically geographically, to the situation in Xinjiang, to make sure that we are doing everything we can to prevent the export of any goods that could contribute directly or indirectly to human rights violations in that region. The package that has been put together will help to ensure that no British organisations—Government or private sector, deliberately or inadvertently—will profit from or contribute to human rights violations against the Uyghurs or other minorities. I am of course sure that the whole House would accept that the overwhelming majority of British businesses would not dream of doing so. Today’s measures will ensure that businesses are fully aware of those risks, will help them to protect themselves, and will shine a light on and penalise any reckless businesses that do not take those obligations seriously.
As ever, we act in co-ordination with our like-minded partners around the world, and I welcome the fact that later today Foreign Minister Champagne will set out Canada’s approach on these issues. I know that Australia, the United States, France, Germany and New Zealand are also considering the approaches they take. We will continue to work with all of our international partners, but the House should know that in the comprehensive scope of the package I am setting out today the UK is again setting an example and leading the way.
We want a positive and constructive relationship with China, and we will work tirelessly towards that end, but we will not sacrifice our values or our security. We will continue to speak up for what is right and we will back up our words with actions, faithful to our values, determined, as a truly global Britain, to be an even stronger force for good in the world. I commend this statement to the House.
I was pleased to hear the Foreign Secretary acknowledge that the Modern Slavery Act is not working. The independent review was right to say that it has become a “tick-box exercise”, and we need a robust response to ensure that companies are not just transparent but accountable. But there is little in today’s statement that is new, and I am left slightly lost for words as to why he has chosen to come here today. Back in September the Government said they would extend the Modern Slavery Act to the public sector. He mentioned France, which has already gone further than the UK, with its duty of diligence law, which includes liability for harm. The European Union intends to bring in legislation next year on due diligence, which will be mandatory. Even under the new arrangements, will a company profiting from a supply chain involving forced labour have broken any laws in this country? What law would a company actually be breaking if it profited from what the Foreign Secretary called the “barbaric” forced labour in Xinjiang? If the UK really does intend to set an example and lead the way, he will have to do more than tinker around the edges. One of the best things he could do for those British businesses he rightly praised is to make the playing field level for the many British companies that do the right thing.
We warmly welcome the Foreign Secretary’s proposed review of export controls. If the Government are successfully able to determine whether any goods exported from the UK are contributing to violations of international law in Xinjiang, that will be a breakthrough, not just in taking robust action against China’s human rights abuses, but as a model that can be used in other countries around the world where British exports risk being misused. So we will pay close attention. He will also know that the House of Lords recently came together to pass two cross-party amendments that put human rights considerations at the centre of our trade policy. I was astonished not to hear any reference to them today. Do the Government intend to get behind those efforts to ensure that our trade policy defends, not undermines, human rights? I can tell him that I will be writing to MPs when the Trade Bill returns to this place to urge them to vote with their consciences. I hope the Government will not find themselves stranded on the wrong side of history.
We cannot allow this moment to pass us by. The Foreign Secretary was right to say that this is truly horrific, and the House is united in condemnation of what is happening in Xinjiang. Members of all parties want Britain to act as a moral force in the world. Despite today’s disappointing statement, I believe he is sincere when he says that he wants the same, but now he has to make good on his promise to back up words with real action.
The hon. Member referred to the amendments to the Trade Bill, which I would like to address. The noble Lord Alton’s amendment has attracted a lot of interest. I think that it is well meaning, but it would actually be rather ineffective and counterproductive. Let me briefly explain why. It would frankly be absurd for any Government to wait for the human rights situation in a country to reach the level of genocide, which is the most egregious international crime, before halting free trade agreement negotiations. Any responsible Government would have acted well before then. At the same time, every campaigner against free trade would seek to use that legal provision to delay or halt FTA negotiations by tying the Government up in litigation that may last months—if not years—with no plausible genocide concluded at the end.
Finally, although I think it is right that the courts determine whether the very specific and, frankly, technical legal definition of genocide is met in any given situation, it would be quite wrong for a Government or for hon. Members of this House to subcontract to the courts our responsibility for deciding when a country’s human rights record is sufficiently bad that we will not engage in trade negotiations. Parliament’s responsibility is to determine when sanctions take place and with whom we negotiate.
The measures that we have announced today will ensure that both business and the Government can cater for the very real risk that supply chains—either coming to the UK or going into the internment camps of Xinjiang—are not affected, and that UK businesses are not affected. The hon. Member should unequivocally support these measures.
I am particularly conscious not just of the shaping of the economic environment that we are seeing coming out of Xinjiang and the nature of slave goods getting into the UK manufacturing chain, but also of the distortion of academic ideas and academic freedoms that we are seeing here in the UK; there is a centre in Jesus College, Cambridge that is refusing to talk about these abuses of Uyghur Muslims for fear of causing offence. Is this the first time that Jesus himself has taken 30 pieces of silver? This is a deeply disappointing moment for all of us who believe in academic freedom in the UK, and it is another example of why the UK and the Foreign Office need to be clear in demonstrating that dirty goods are one thing, but dirty money is also unacceptable.
My hon. Friend raised the issue of academic freedoms. We are taking further measures in that regard, and further legislative measures will be taken when the relevant legislative vehicles are brought forth. He is absolutely right to raise this issue. He talked about Jesus College, Cambridge; I did my LLM there. There is a very real risk of academic coercion in places where we need to protect the heartbeat and the life and soul of freedom of expression and debate, and there is also a risk to research that takes place, in advance of it becoming intellectual property. In all those areas, in both non-legislative and legislative measures, we are actively looking at that.
In that spirit, I have a couple of constructive suggestions. I note with interest the Foreign Secretary’s reassurance that the Government did not brief the press—well, somebody did. There was an expectation of a more concrete announcement today on Magnitsky sanctions than we have had. I reiterate my view, which I know he shares, that Magnitsky sanctions allow a very targeted response against individuals who are directing the sorts of activities that we do not want to see. I warmly echo the comments of the hon. Member for Tonbridge and Malling (Tom Tugendhat) on Confucius institutes. These organisations are directly much closer within the control of the UK Government, and they merit a lot more scrutiny than they have been getting.
The Foreign Secretary says that scrutiny of the supply chain will go up to “the gates” of labour camps. I applaud that and warmly welcome it, but getting the due diligence right will be a challenge, because there is a lot of opacity within the supply chains here. I have not seen the detail of the package yet, but I look forward to an assurance from him that it will indeed go right up to the gates of the camps. The Home Secretary has yet to lodge the legislation setting out what the fines for malfeasance will be. I would welcome a reassurance from the Foreign Secretary that those fines will be sufficient to focus corporate minds, and not just another sunk cost. I think we agree on that, but reassurance would be useful.
I have discussed previously with the Minister for Asia how warmly we welcome the extension of the procurement rules to Government Departments. On the exclusion of companies from Government procurement contracts, could the Foreign Secretary reassure us that that will extend to groups of companies? Many of the companies involved in dubious activities will be trading subsidiaries, so I would welcome an assurance that this measure will apply to groups of companies and that there will be a more robust approach to this than a strictly legal one.
Perhaps it is just a point of drafting in the statement, but can the Foreign Secretary assure us that the audit of export regime controls to Xinjiang will extend to goods that might end up in Xinjiang, not just those going directly to it? Again, the opacity of the supply chains—
I take the hon. Gentleman’s point on academic freedom, which I raised in response to my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat). On the due diligence of the audit trail for businesses, there will be a ministerially led series of engagement, to both advise and warn them of the risk to their supply chains of doing business or touching on business links with Xinjiang.
The hon. Gentleman asked about the level of fines; I will of course leave that to the Home Secretary, but they will need to be struck at a level at which they can deter those who willingly flout the transparency requirements.
Finally, on Government procurement, the measures we have announced will apply in England. I hope that the Scottish Government and the other devolved Administrations, with whom we will collaborate very closely, will be able to follow suit. The hon. Gentleman will understand that we will of course want to respect their competences, but that is something on which we could usefully work together.
Genocide really is a vital issue for us, and my right hon. Friend now needs to sit down with me and others to discuss bringing forward a better amendment to make sure that we can start the process. In this week of the holocaust memorial, we need to act; after all, when they last did not act, just look what happened.
My right hon. Friend will have heard me make the point already that on Magnitsky sanctions we keep it under review—it is evidence-led and we work with our allies. He will know that in relation to Xinjiang so far only the US has brought in Magnitsky sanctions, but that is something we have certainly not ruled out. The measures we have taken today are actually more targeted and forensic in addressing the finance going into or profiting from and coming out of the labour camps.
I am happy to talk to my right hon. Friend about the issue of genocide. He will know that my father fled the holocaust; I could not take it more seriously. I hope he will also have listened to what I said to the hon. Member for Wigan (Lisa Nandy); he will be all too aware of the risks of subcontracting issues to the courts that are rightly the responsibility and the prerogative of this House, and also the fact that, frankly, we should be taking action well below the level of a genocide in terms of the Executive decisions that we make.
“Internment camps, arbitrary detention, political re-education, forced labour, torture and forced sterilisation—all on an industrial scale.”
Horrific and barbaric, yes, but there is another word and it is genocide.
Given China’s blocking of routes to pursue genocide amendments through international courts, does not the UK have a responsibility, in line with its obligations under the genocide convention, to find alternative routes to make the legal determination? Will the Foreign Secretary clarify the Government’s position, which previously was that the determination of genocide is a matter for judges, not politicians? He seemed to contradict that a little today. I echo what has already been said about coming up with an amendment that can get cross-party support: this House clearly wants to discuss this issue and do something about it; we must act and not stand by.
If we want more significant accountability, the answer is to get an authoritative third-party body that is to review such matters—as, with the greatest respect to my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), we have managed to secure in relation to World Health Organisation access to China this week. We have to keep pressing, with our international partners. That is why the group of international partners that is assembled is very important. It must be as broad as possible in order to secure access for the UN Human Rights Commissioner.
In relation to an independent investigation, of course the challenge, as my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) has said, is getting access to the relevant parts of Xinjiang. That is why I believe, and I hope the hon. Gentleman will support this, that one of the things we ought to be doing is gathering as wide as possible a group of like-minded countries to press for the United Nations Human Rights Commissioner to be able to have access. That would have the dual benefit, first, of substantiating the widespread reports of the violations of human rights I have described and, secondly, give China its opportunity to rebut and to reject those claims based on the evidence that it and only it has and can control.
My hon. Friend is right to raise all the different groups; in relation to the Rohingya, that is an area where we introduced Magnitsky sanctions. The most important thing to do is proceed first of all with targeted measures, as we have done today, to try to address the specific wrongs we wish to right, and to work effectively and assiduously with all our international partners. In many of these cases shifting the dial and making the relevant Government listen requires concerted international action, and that is what we are committed to.
What we have sought to do today—and we will continue to do so—is take the targeted measures that will have an effect and an impact on the conduct that we want to stop by preventing people from profiting from it or financially supporting it. I think that is the right approach. Of course, we keep other measures in reserve, such as Magnitsky sanctions, but I do not think that the proposal that the hon. Lady has referred to would advance the cause of accountability in any meaningful sense at all.
I have asked before and I ask again: will the UK Government now use, not just talk about, sanctions to address these gross human rights abuses imposed on the Uyghur people?
As we head towards Holocaust Memorial Day, for which this year’s theme is to be the light in the darkness, let us, the UK, be that light in the darkness and take a firm stance against these crimes. With that in mind, will my right hon. Friend outline what practical steps he is taking to co-ordinate international responses, providing hard-hitting sanctions against the Chinese Government and all those guilty of these heinous crimes?
The one thing we can and should do, as I have said several times to the House, is focus on getting the UN High Commissioner for Human Rights some kind of access to Xinjiang. That will keep it on the agenda—I do not think that anyone can accuse the UN High Commissioner for Human Rights of being anything other than objective and impartial. That is something that other countries ought to be able to rally to, and that is where we have focused our efforts.
“When they search the streets and cannot find my vanished figure
Do you know that I am with you”.
The Foreign Secretary must go further than today’s announcements. Uyghurs are not being persecuted for what they pick, but for who they are. As with the Tibetans, does he support their right to the self-determination that they seek?
China has asymmetric economic size and clout, and of course countries are bearing that in mind and taking that into account. What we have to do is ensure there is a compelling, plausible, credible alternative to those investments, and make sure that everyone understands the shared value and stake we have in upholding the rules-based international system, of which human rights are a key component.
We keep working with our international partners, but, as the hon. Lady will have noted, while we are leading the way a lot of countries are nervous of speaking out, partly because of China’s economic clout. We have certainly been having conversations with many countries, including countries with larger Muslim populations than our own, about why they are not more outspoken on this issue.
One of the things that I think would help, given China’s blanket denial, is to get the UN Human Rights Commissioner into Xinjiang, so there can be no doubt, no quibbling and no question but that these violations are taking place. Having an authoritative and independent party like the UN Human Rights Commissioner conduct that kind of review would help to raise the kind of coalition of the like-minded that the hon. Lady talks about.
The reality is that, in order to secure authoritative assessment and conclusions in relation to those widespread reports, which we think are tenable, plausible and credible, we need access to the camps. In a sense, throughout this statement, we are redefining the question. However, we come back to the point that we need to try to secure access to Xinjiang, and we will not be able to do that without sufficient and widespread pressure on the Chinese Government. The best vehicle for that is an authoritative, independent body or individual entrusted by the United Nations, of which China is a leading member through the Security Council. The UN Office of the High Commissioner for Human Rights seems to me the right place and the right individual to support in that regard.
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.