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The ''Uyghur Human Rights Policy Act of 2020'' (S. 3744) is a
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
federal law that requires various federal U.S. government bodies to report on
human rights abuses Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
by the
Chinese Communist Party The Chinese Communist Party (CCP), officially the Communist Party of China (CPC), is the founding and sole ruling party of the People's Republic of China (PRC). Under the leadership of Mao Zedong, the CCP emerged victorious in the Chinese Civil ...
(CCP) and the
Chinese government The Government of the People's Republic of China () is an authoritarian political system in the People's Republic of China under the exclusive political leadership of the Chinese Communist Party (CCP). It consists of legislative, executive, m ...
against
Uyghurs The Uyghurs; ; ; ; zh, s=, t=, p=Wéiwú'ěr, IPA: ( ), alternatively spelled Uighurs, Uygurs or Uigurs, are a Turkic ethnic group originating from and culturally affiliated with the general region of Central and East Asia. The Uyghur ...
in
Xinjiang Xinjiang, SASM/GNC: ''Xinjang''; zh, c=, p=Xīnjiāng; formerly romanized as Sinkiang (, ), officially the Xinjiang Uygur Autonomous Region (XUAR), is an autonomous region of the People's Republic of China (PRC), located in the northwest ...
, China, including internment in the
Xinjiang re-education camps The Xinjiang internment camps, officially called vocational education and training centers ( zh, 职业技能教育培训中心, Zhíyè jìnéng jiàoyù péixùn zhōngxīn) by the government of China, are internment camps operated by ...
. On September 11, 2019, a version of the bill—the ''Uyghur Human Rights Policy Act of 2019S.178 - Uyghur Human Rights Policy Act of 2019, 116th Congress (2019-2020)
, Congress.gov.
''—was passed in the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
by
unanimous consent In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house (or leave of the senate), is a situation in which no member present objects to a prop ...
. On December 3, 2019, a stronger version of the bill—the ''UIGHUR Act''—was passed by the
U.S. House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
by a vote of 407–1. On May 14, 2020, the Senate introduced and approved what would be the current 2020 bill. On May 27, 2020, the House passed the amended bill by a vote of 413–1, sending it to President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of P ...
for approval. The bill was signed by Trump into law on June 17, 2020.


Legislative history

On September 11, 2019, a version of the bill—S. 178, the ''Uyghur Human Rights Policy Act of 2019''—passed in the U.S. Senate by unanimous consent. On December 3, 2019, a stronger, amended version of the bill—the ''Uighur Intervention and Global Humanitarian Unified Response Act'' (or ''UIGHUR Act'')—was passed by the U.S. House of Representatives by a vote of 407 to 1.Roll Call Vote No. 644
, Clerk of the United States House of Representative (December 2, 2019).
The sole "no" vote was cast by
Thomas Massie Thomas Harold Massie (born January 13, 1971) is an American politician and businessman. A member of the Republican Party, Massie has been the United States representative for Kentucky's 4th congressional district since 2012, when he defeated Bi ...
, Republican of
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia ...
. On the afternoon of May 14, 2020, a new version of the bill—S. 3744, the ''Uyghur Human Rights Policy Act of 2020''—passed in the United States Senate by unanimous consent. The House approved the bill by a vote of 413–1 on May 27, 2020. The following month, on June 17, President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of P ...
signed the bill into law.


Legislation content and results

The bill directs: (1) the Director of National Intelligence to report to Congress on security issues caused by the Chinese government's reported crackdown on
Uyghurs The Uyghurs; ; ; ; zh, s=, t=, p=Wéiwú'ěr, IPA: ( ), alternatively spelled Uighurs, Uygurs or Uigurs, are a Turkic ethnic group originating from and culturally affiliated with the general region of Central and East Asia. The Uyghur ...
in
Xinjiang Xinjiang, SASM/GNC: ''Xinjang''; zh, c=, p=Xīnjiāng; formerly romanized as Sinkiang (, ), officially the Xinjiang Uygur Autonomous Region (XUAR), is an autonomous region of the People's Republic of China (PRC), located in the northwest ...
; (2) the
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
to report on efforts to protect Uyghurs and Chinese nationals in the United States; (3) the U.S. Agency for Global Media to report on Chinese media related issues in Xinjiang; and (4) the
United States Department of State The United States Department of State (DOS), or State Department, is an United States federal executive departments, executive department of the Federal government of the United States, U.S. federal government responsible for the country's fore ...
to report on the scope of the reported Chinese government crackdown on Uyghurs in Xinjiang. U.S. President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of P ...
has to submit a report to Congress within 180 days. The report shall designate Chinese officials and any other individuals who are responsible for carrying out: torture; prolonged detention without charges and a trial; abduction;
cruel, inhumane, or degrading treatment Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention ...
of Muslim minority groups; and other flagrant denials of the "right to
life Life is a quality that distinguishes matter that has biological processes, such as Cell signaling, signaling and self-sustaining processes, from that which does not, and is defined by the capacity for Cell growth, growth, reaction to Stimu ...
,
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, or the security" of people in Xinjiang. Persons identified in the report would then be subject to sanctions which include asset blocking, visa revocation, and ineligibility for entry into the United States. Imposing sanctions against the officials can be declined by the President if he determines and certifies to Congress that holding back on sanctions is in the
national interest The national interest is a sovereign state's goals and ambitions (economic, military, cultural, or otherwise), taken to be the aim of government. Etymology The Italian phrase ''ragione degli stati'' was first used by Giovanni della Casa around ...
of the United States. The bill would also call on President Trump to impose sanctions under the ''Global Magnitsky Act'' on Xinjiang Communist Party Secretary
Chen Quanguo Chen Quanguo (; born November 1955) is a retiring Chinese politician and the current deputy head of the CCP Central Rural Work Leading Group. Between 2017 and 2022, he was a member of the 19th Politburo of the Chinese Communist Party and was pre ...
, which would be the first time such sanctions would be imposed on a member of China's politburo. On July 9, 2020, the
Trump administration Donald Trump's tenure as the 45th president of the United States began with his inauguration on January 20, 2017, and ended on January 20, 2021. Trump, a Republican from New York City, took office following his Electoral College victory ...
imposed sanctions and visa restrictions against senior Chinese officials, including Quanguo, as well as
Zhu Hailun Zhu Hailun (; born 1 January 1958) is a Chinese politician who is the current vice chairman of the Standing Committee of the People's Congress of Xinjiang Uygur Autonomous Region. Previously he served as the deputy party secretary of the Xinji ...
, Wang Mingshan (), and Huo Liujun (). With sanctions, they and their immediate relatives are barred from entering the US and will have US-based assets frozen.


Reactions


Support

On the same day that President Trump signed the Act into law, former National Security Advisor
John Bolton John Robert Bolton (born November 20, 1948) is an American attorney, diplomat, Republican consultant, and political commentator. He served as the 25th United States Ambassador to the United Nations from 2005 to 2006, and as the 26th United Sta ...
claimed that Trump had, on two occasions, told Chinese leader
Xi Jinping Xi Jinping ( ; ; ; born 15 June 1953) is a Chinese politician who has served as the general secretary of the Chinese Communist Party (CCP) and chairman of the Central Military Commission (CMC), and thus as the paramount leader of China, ...
to go forward with plans related to Uyghur internment. Editorials in ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'' and ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' supported the passage of the ''Uyghur Human Rights Policy Act''. Opinion pieces written in various publications also supported the passage of the Act.Sources include: * * * * * * * * * The CCP claim of deradicalization drew criticism in an article by the ''
Deccan Chronicle ''Deccan Chronicle'' is an Indian English-language daily newspaper founded by Rajagopal Mudaliar in the 1930s & currently owned by Samagrah Commercial Pvt Limited. It is published in Hyderabad, Telangana, by Deccan Chronicle Holdings Limited ...
'', while an article written by Srikanth Kondapalli made criticisms of the PRC's grand strategy for Xinjiang. Analysts cited in an article by
Reuters Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world. The agency was esta ...
said that Mainland China's response to passage of the Uyghur bill could be stronger than its reaction to the ''
Hong Kong Human Rights and Democracy Act The Hong Kong Human Rights and Democracy Act of 2019 (HKHRDA)Naomi Xu ElegantThe U.S. Senate Passed 2 Bills Supporting Hong Kong Protesters. But They Might Do More Harm Than Good, ''Fortune'' (November 20, 2019). (; ) is a United States federal ...
'', while the BBC's China correspondent said that if the bill became law, then it would mark the most significant international attempt to pressure
mainland China "Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...
over its mass detention of the Uyghurs.


Uyghur community

On December 3, 2019, a
World Uyghur Congress The World Uyghur Congress (WUC) is an international organization of exiled Uyghur groups that claims to "represent the collective interest of the Uyghur people" both inside and outside of the Xinjiang Uyghur Autonomous Region of the People's ...
spokesman said that the House bill is important in opposing "China's continued push of extreme persecution," and that the organization looks forward to President Trump signing the bill. Various Uyghur activists, think tank analysts, and political representatives called on various governments to sanction Mainland Chinese officials for their perceived involvement in the Xinjiang conflict.Sources include * * * * * * * Uyghur-American lawyer Nury Turkel—who is a commissioner on the U.S. Commission on International Religious Freedom, the co-founder of the Uyghur Human Rights Project, and a former President of the
Uyghur American Association The Uyghur American Association ( ug, ئامېرىكا ئۇيغۇر جەمئىيىتى, ئامېرىكا ئۇيغۇر بىرلىكى, translit=Amérika Uyghur Birliki, ; zh, s= 维吾尔裔美国人协会, p=Wéiwú'ěryì Měiguórén Xiéhu ...
—thanked President Trump for signing the Act and further wrote that, "It's a great day for America and the Uighur people." Turkel would also go on to say that the American government must use the new bill to impose sanctions on Chinese officials for religious persecution. He also urged Congress to pass a second bill, the ''
Uyghur Forced Labor Prevention Act The Uyghur Forced Labor Prevention Act () is a United States federal law that would change U.S. policy on China's Xinjiang Uyghur Autonomous Region (XUAR, or Xinjiang) with the goal of ensuring that American entities are not funding forced labor a ...
'', which would direct
U.S. Customs and Border Protection United States Customs and Border Protection (CBP) is the largest federal law enforcement agency of the United States Department of Homeland Security. It is the country's primary border control organization, charged with regulating and facilit ...
to presume that any goods produced in Xinjiang are the product of
forced labor Forced labour, or unfree labour, is any work relation, especially in modern or early modern history, in which people are employed against their will with the threat of destitution, detention, violence including death, or other forms of ex ...
. Memetrusul Hesen, a Uyghur and former resident of
Kargilik County Kargilik County ( transliterated from ; ); from Mandarin Chinese Yecheng County (), is a county in southwest of the Xinjiang Uyghur Autonomous Region and is under the administration of the Kashgar Prefecture. It contains an area of 28,600 km ...
(Yecheng) in Xinjiang's Kashgar Prefecture, who is now a citizen of
Kyrgyzstan Kyrgyzstan,, pronounced or the Kyrgyz Republic, is a landlocked country in Central Asia. Kyrgyzstan is bordered by Kazakhstan to the north, Uzbekistan to the west, Tajikistan to the south, and the People's Republic of China to the ea ...
, left China with his aged mother in 2016. After a brief period of contact via phone in 2016, he had no longer been able to speak with his family or any of the members of his extended family up to mid-2020, despite having filed numerous requests for information at the Chinese embassy. Hesen said that his mother, Halimihan Ahun, 92, sits and cries every day. In an interview with '' Radio Free Asia'', Hesen expressed thanks to the United States for thinking about Uyghur suffering, and expressed hope the bill's passage could be a driving force for change.


Chinese government and allies

The Chinese government have called the bill a malicious attack on China and demanded that the United States prevent it from becoming law, warning that it would act to defend its interests as necessary. On December 4, 2019,
Chinese Foreign Ministry The Ministry of Foreign Affairs of the People's Republic of China () is the first-ranked executive department of the State Council of the Chinese government, responsible for the foreign relations of the People's Republic of China. It is led ...
spokesperson
Hua Chunying Hua Chunying (; born 24 April 1970) is a Chinese official and former diplomat serving as spokesperson for the Ministry of Foreign Affairs of the People's Republic of China since 2012 and as the Assistant Minister of Foreign Affairs since 2021. H ...
said that the bill "wantonly smeared China's counter-terrorism and de-radicalization efforts." Four days later, Ezizi Ali ()—
County Magistrate County magistrate ( or ) sometimes called local magistrate, in imperial China was the official in charge of the '' xian'', or county, the lowest level of central government. The magistrate was the official who had face-to-face relations with th ...
of
Niya County Niya County ( transliterated from the Uyghur ; ), also from Mandarin Chinese as Minfeng County (), is a county within the Xinjiang Uyghur Autonomous Region and is under the administration of the Hotan Prefecture. It contains an area of . Accordi ...
and Vice Secretary of the Niya County County Communist Party Committee—and Parhat Rouzi ()—Vice Secretary and Commissioner of the Kashgar Prefecture Communist Party Committee—penned criticisms of the Act. In December 2019, the Syrian Ministry of Foreign Affairs and Expatriates defended China's actions in Xinjiang and condemned the U.S. Uyghur human rights bill as a "blatant interference by the US in the internal affairs of the People’s Republic of China."


See also

*
Uyghur Forced Labor Prevention Act The Uyghur Forced Labor Prevention Act () is a United States federal law that would change U.S. policy on China's Xinjiang Uyghur Autonomous Region (XUAR, or Xinjiang) with the goal of ensuring that American entities are not funding forced labor a ...
*
Uyghur genocide The Chinese government has committed a series of ongoing human rights abuses against Uyghurs and other ethnic and religious minorities in Xinjiang that is often characterized as genocide. Since 2014, the Chinese government, under the ...
*
Xinjiang internment camps The Xinjiang internment camps, officially called vocational education and training centers ( zh, 职业技能教育培训中心, Zhíyè jìnéng jiàoyù péixùn zhōngxīn) by the government of China, are internment camps operated b ...
* Tibet Policy and Support Act *
Hong Kong Human Rights and Democracy Act The Hong Kong Human Rights and Democracy Act of 2019 (HKHRDA)Naomi Xu ElegantThe U.S. Senate Passed 2 Bills Supporting Hong Kong Protesters. But They Might Do More Harm Than Good, ''Fortune'' (November 20, 2019). (; ) is a United States federal ...
*
Magnitsky Act The Magnitsky Act, formally known as the Russia and Moldova Jackson–Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012, is a bipartisan bill passed by the U.S. Congress and signed into law by President Barack Obama in D ...
* Mihrigul Tursun *
Xinjiang conflict The Xinjiang conflict ( zh, c=新疆冲突), also known as the East Turkistan conflict, Uyghur–Chinese conflict or Sino-East Turkistan conflict (as argued by the East Turkistan Government-in-Exile), is an ongoing ethnic geopolitical conf ...
*
Zhu Hailun Zhu Hailun (; born 1 January 1958) is a Chinese politician who is the current vice chairman of the Standing Committee of the People's Congress of Xinjiang Uygur Autonomous Region. Previously he served as the deputy party secretary of the Xinji ...
*
United States sanctions against China The United States government applies sanctions against certain institutions and key members of the Chinese government and its ruling Chinese Communist Party (CCP), certain companies linked to the People's Liberation Army (PLA), and other affiliat ...


References


External links


House of Representatives bill text

S. 178 Senate bill textS. 3744 Senate bill text
{{United States Foreign Policy United States foreign relations legislation China–United States relations Human rights legislation Acts of the 116th United States Congress Uyghurs Sanctions legislation United States sanctions Sanctions against China Religious policy in China