Photo-Jean-Marc-Ferré

Azra Hoosen | ah@radioislam.co.za
26th January 2024 | 16:00 CAT
5 Min read

The World Uyghur Congress (WUC) and the Uyghur Human Rights Project (UHRP) have requested the UN High Commissioner for Human Rights to supervise China’s adherence to the suggestions made in its 2022 assessment following the Universal Periodic Review (UPR) of China in Geneva.

The 2022 report stated that the detention of Uyghurs and other Muslims in China’s Xinjiang region may constitute crimes against humanity.

Western countries slammed Beijing for their human rights violations, calling for better protection of minorities in Xinjiang and Tibet, but China once again has denied any allegations of human rights abuses.

Member states have urged China to end torture, persecution throughout China, forced labour and marriage; all forms of enforced disappearances targeting human rights defenders and ethnic minorities; end the criminalisation of religious and peaceful civil expression by ethnic and religious groups; to cease harassment, surveillance and threats against individuals abroad and in China, release writers, bloggers, journalists, human rights defenders and others arbitrarily detained for exercising their right to freedom of expression amongst other recommendations.

While the U.N. Council lacks legal power, its debates carry political weight. Criticisms can pressure governments to change course or elicit updates on individuals’ fates.

Peter Irwin, Associate Director for Research and Advocacy at the Uyghur Human Rights Project (UHRP), said the UN system is far from perfect.

“The Universal Periodic Review (UPR) system, which is designed to function as an accountability mechanism, operates through mutual cooperation with the UN system to provide recommendations. This is China’s fourth review, and in its previous review in 2018, China accepted the recommendations to improve the conditions for Uyghurs, primarily for Uyghur Muslims in the Uyghur region, and then they turned around and did the complete opposite,” said Irwin.

The UHRP does not expect recommendations to be taken up but is glad that the issues are being discussed at the UN with member states. “This provided a space where the Uyghur issue, amongst many other human rights issues in China, can be raised, and governments can point to the UN system itself, which has raised very strong, clear recommendations,” he added.

Irwin highlighted that there is clear evidence to suggest China has not been participating in good faith with the system.

“China doesn’t typically accept visits from UN experts; thus, one of the recommendations called for China to accept UN visits. The same recommendations made here were made in previous years and were never implemented till now; these things keep happening, and it is only getting worse, which shows the review process is not exactly working very well when it comes to a state as economically powerful or influential as China,” said Irwin.

According to Human Rights Watch, China has thus far fended off calls by the High Commissioner for Human Rights and several HRC member states for an independent investigation into gross human rights abuses in Xinjiang. Three years into the Xinjiang crisis, China’s power has prevented any accountability proceedings for these violations.

Irwin points out that our international system does not favour those who seek to hold China accountable for its violations.

“The Chinese government is not a party to the Rome statute; they don’t have jurisdiction, and China does not accept the court’s jurisdiction. The ICC (International Criminal Court) is another interesting case to which China is not a party either, so we can’t bring cases forward, but there have been efforts from Uyghur activists and lawyers who bring cases through member states who are part of the ICC,” Irwin said.

The World Uyghur Congress (WUC) and the Uyghur Human Rights Project (UHRP) discovered certain creative measures that led them to take the case to Argentina.

“Argentina has very liberal and universal jurisdiction, so the federal court system there can actually hear cases on human rights abuses happening outside of their borders, hence why we are taking a course of action through Argentina. There are legal means at our disposal, but they are few and far between; you have the international institutions which China just doesn’t accept,” Irwin explained.

Irwin emphasizes that initiating legal action against China through such systems is and will continue to be exceedingly challenging.

Dolkun Isa, the President of the World Uyghur Congress, stated that the Universal Periodic Review provided an opportunity to identify those who have moral dignity and those who choose to ignore the genocide being perpetrated. He stated, “We are aware of who these individuals are.”

LISTEN to the full interview with Ml Junaid Kharsany and Peter Irwin, Associate Director for Research and Advocacy at the Uyghur Human Rights Project (UHRP), here.