Uyghur Tribunal Judgment

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 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?

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”.

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

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.”

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.

I am honoured to follow the hon. Member for Wealden (Ms Ghani) and her powerful opening of this very important debate.

China has committed genocide against the Uyghur people in Xinjiang. That was the definitive conclusion of the Uyghur Tribunal in London. It is a definition that Governments around the world, including our own, have been nervous to arrive at. The right hon. Member for Selby and Ainsty (Nigel Adams), when he was a Minister at the Foreign Office, wrote to me about human rights in China. He outlined that the Government recognised internment camps with more than 1 million Uyghurs, acknowledged reports of forced labour, and noted human rights violations, and so what did he propose? More research. Well, the research is in and the findings of the tribunal are loud and clear. I ask the Minister, does she unequivocally accept the tribunal’s findings of genocide? Does she consider Uyghurs to be at serious risk of genocide, or will the Government hide behind the international ramifications of this definition? A cowardly country would use that linguistic excuse. Shame on us if we choose that path. The Chinese Government’s actions must be stated for what they are: an apparatus of control and a systematic and calculated programme of ethnic cleansing against the Uyghur people. We can no longer say that we did not know. We need to ask ourselves: what does it mean to be complicit?

As a member of the Treasury Committee, I am particularly interested in the role played by financial institutions. Let us take HSBC, for example, a bank headquartered and registered in the UK. Last week, it came to light that it had purchased shares in Xinjiang Tianli, a plastic manufacturer owned by the Xinjiang Production and Construction Corps. It is a Chinese-backed, state paramilitary organisation that has been subject to US Government sanctions for its role in perpetrating atrocities in the Uyghur region, and yet the UK has no legislation to prohibit HSBC and other UK firms from investing in organisations perpetrating human rights abuses in the Uyghur region. I urge the Government to draw up a blacklist of entities identified as perpetrating atrocities in the Uyghur region and to bar UK firms from investing in them. We simply cannot allow our financial institutions to bankroll these atrocities.

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.

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.

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”

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.

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.

I congratulate the hon. Member for Wealden (Ms Ghani) on securing the debate on an issue close to the heart of everyone in this Chamber. I thank Sir Geoffrey Nice and the World Uyghur Congress for their incredibly important work day in, day out for months.

As foreign affairs spokesperson for the Liberal Democrats, I put it on the record that all Liberal Democrats everywhere stand shoulder to shoulder with the Uyghur people, who are being persecuted as we speak.

My right hon. Friend the Member for Orkney and Shetland (Mr Carmichael) secured the first debate on this subject in Westminster Hall in January 2019. Here we are, this many years later, and the Government have still done nothing. That is shameful, and it is painful for those victims, who watch debates such as this, which every time give them that bit of hope. They reward those of us who speak out with very humbling certificates of appreciation. I was looking at mine, which I have proudly on my desk. It was given to me by the World Uyghur Congress and on it is a quote from Nobel laureate and holocaust survivor Elie Wiesel:

“what hurts the victim most is not the cruelty of the oppressor but the silence of the bystander.”

In this Government, I am afraid, a bystander is all they have.

When hon. Members have spoken out against the appalling treatment of the Uyghurs and voted to declare a genocide last year, we were challenged by sceptics. I have no doubt that we will all go back to our offices and open our inboxes to find another debunking email, likely from the Chinese themselves, saying how everything we are saying is untrue. I am afraid to say that with the tribunal comes irrefutable proof that has been carefully put together. The tribunal provides the clearest evidence, beyond any reasonable doubt, and what harrowing evidence it is of abhorrent violence, children taken from their families, systematic sexual violence against women and girls, forced sterilisation and abortion, forced cultural assimilation and desecration. One witness said:

On that very valid point—I congratulate the hon. Lady on what she is saying—over the past few weeks, Intel and Tesla have hit the headlines because of trading with Xinjiang. The US introduced a Bill at the end of December banning companies from using goods from Xinjiang province in their supply chains. Does she agree—I think everyone in the House today does—that we should do that in this House and encourage all our European neighbours to do the same thing?