May 19, 2022

China committed genocide against Uyghurs, independent tribunal rules

Sir Geoffrey Nice, a prominent British barrister who chaired the tribunal hearings, said its panel was satisfied China had carried out a deliberate, systematic and concerted policy to bring about long-term reduction of Uyghur and other ethnic minority populations. He added that the panel believed senior officials including the Chinese president Xi Jinping bore primary responsibility for the abuses against Muslim minorities in the Xinjiang region.

The tribunal’s panel was made up of lawyers and academics. Its findings have no legal force and are not binding on ministers, but its organisers said at the outset they intended to add to the body of evidence around the allegations against China and reach an independent conclusion on the question of genocide.

The Chinese government denies all accusations of human rights abuses in Xinjiang. Responding to the tribunal’s ruling on Thursday, a spokesman told the BBC the body was a pseudo tribunal and a political tool used by a few anti-China elements to deceive and mislead the public.

Reading the tribunal’s judgement, Sir Geoffrey said there was no evidence of mass killings in Xinjiang, but he said that the alleged efforts to prevent births amounted to genocidal intent. The panel also said it had found evidence of crimes against humanity, torture, and sexual violence against the Uyghur people.

Speaking to the BBC after the judgment, Sir Iain Duncan Smith, the former Conservative Party leader and co-chair of the Inter-Parliamentary Alliance on China, said it was time for the UK government to accuse China of genocide.

This tribunal was set up to the highest legal standards and the evidence that that was put forward today shows that there is enough proof beyond reasonable doubt that there was an intent to commit genocide, she told the BBC.

What is particularly troubling is the evidence that this genocide is in particular targeted at women, and focused on preventing births.

The Chinese state has been accused of crimes against humanity and genocide in Xinjiang, a large region in the country’s north-west which is home to the Uyghurs and other minority Muslim groups.

Experts say that at least a million Uyghurs and other Muslims have been detained in the region and held in extra-judicial camps or sent to prisons. Former detainees and residents of Xinjiang have made allegations of torture, forced sterilisation and sexual abuse.

The Uyghur Tribunal heard from more than 70 witnesses over two sets of hearings in London in June and September, including former detainees and experts. Among the witnesses was the Uyghur linguist Abduweli Ayup, who testified about the harassment of his family in Xinjiang and the 15-month sentence imposed on him in his absence for inciting terrorism – a common allegation levelled by the Chinese state against Uyghurs.

I was sentenced by the Chinese government, now I hope after this ruling someone can sentence them. Many Uyghurs have been sent to prison only for being Uyghur, now it is time their oppressors are also sentenced, he said.

The issue of whether China’s alleged abuses amount to a genocide has divided the international community. The US government has accused China of a genocide against the Uyghurs, and the parliaments of the UK, Canada, the Netherlands, and Lithuania have passed resolutions making the same declaration.

But the UK government has declined to accuse China of genocide. Prime Minister Boris Johnson has argued that genocide is a specific term with legal force that should only be determined by a criminal court.

The case for genocide is based on reports that China is taking steps to erase the culture of the Uyghurs and assimilate or diminish the population through programmes of forced relocation and birth control.

In a report published in April, the US-based charity Human Rights Watch concluded that China was responsible for crimes against humanity in Xinjiang – but stopped short of calling the state’s actions a genocide.