Uyghurs and Falun Gong: Is it all bullshit?

Serious human rights violations have been committed in XUAR in the context of the Government’s application of counter-terrorism and counter-“extremism” strategies. The implementation of these strategies, and associated policies in XUAR has led to interlocking patterns of severe and undue restrictions on a wide range of human rights. These patterns of restrictions are characterized by a discriminatory component, as the underlying acts often directly or indirectly affect Uyghur and other predominantly Muslim communities.

These human rights violations, as documented in this assessment, flow from a domestic “anti-terrorism law system” that is deeply problematic from the perspective of international human rights norms and standards. It contains vague, broad and open-ended concepts that leave wide discretion to officials to interpret and apply broad investigative, preventive and coercive powers, in a context of limited safeguards and scant independent oversight. This framework, which is vulnerable to discriminatory application, has in practice led to the large-scale arbitrary deprivation of liberty of members of Uyghur and other predominantly Muslim communities in XUAR in so-called VETC and other facilities, at least between 2017 and 2019. Even if the VETC system has since been reduced in scope or wound up, as the Government has claimed, the laws and policies that underpin it remain in place. There appears to be a parallel trend of an increased number and length of imprisonments occurring through criminal justice processes, suggesting that the focus of deprivation of liberty has shifted towards imprisonment, on purported grounds of counter-terrorism and counter-“extremism”.

The treatment of persons held in the system of so-called VETC facilities is of equal concern. Allegations of patterns of torture or ill-treatment, including forced medical treatment and adverse conditions of detention, are credible, as are allegations of individual incidents of sexual and gender-based violence. While the available information at this stage does not allow OHCHR to draw firm conclusions regarding the exact extent of such abuses, it is clear that the highly securitised and discriminatory nature of the VETC facilities, coupled with limited access to effective remedies or oversight by the authorities, provide fertile ground for such violations to take place on a broad scale.

The systems of arbitrary detention and related patterns of abuse in VETC and other detention facilities come against the backdrop of broader discrimination against members of Uyghur and other predominantly Muslim minorities based on perceived security threats emanating from individual members of these groups. This has included far-reaching, arbitrary and discriminatory restrictions on human rights and fundamental freedoms, in violation of international norms and standards. These have included undue restrictions on religious identity and expression, as well as the rights to privacy and movement. There are serious indications of violations of reproductive rights through the coercive and discriminatory enforcement of family planning and birth control policies. Similarly, there are indications that labour and employment schemes for purported purposes of poverty alleviation and prevention of “extremism”, including those linked to the VETC system, may involve elements of coercion and discrimination on religious and ethnic grounds.

The described policies and practices in XUAR have transcended borders, separating families and severing human contacts, while causing particular suffering to affected Uyghur, Kazakh and other predominantly Muslim minority families, exacerbated by patterns of intimidations and threats against members of the diaspora community speaking publicly about experiences in XUAR.

The information currently available to OHCHR on implementation of the Government’s stated drive against terrorism and “extremism” in XUAR in the period 2017- 2019 and potentially thereafter, also raises concerns from the perspective of international criminal law. The extent of arbitrary and discriminatory detention of members of Uyghur and other predominantly Muslim groups, pursuant to law and policy, in context of restrictions and deprivation more generally of fundamental rights enjoyed individually and collectively, may constitute international crimes, in particular crimes against humanity.

The Government holds the primary duty to ensure that all laws and policies are brought into compliance with international human rights law and to promptly investigate any allegations of human rights violations, to ensure accountability for perpetrators and to provide redress to victims. Individuals who are arbitrarily deprived of their liberty should be immediately released. As the conditions remain in place for serious violations to continue and recur, these must also be addressed promptly and effectively. The human rights situation in XUAR also requires urgent attention by the Government, the United Nations intergovernmental bodies and human rights system, as well as the international community more broadly.

OHCHR is grateful to the Government and other institutions for sharing with it information about aspects of the situation in XUAR. This assessment was also facilitated by the vast amount of research that has been completed by non-governmental organizations, researchers, journalists and academics over the last years (and independently assessed by OHCHR). OHCHR is deeply grateful to the victims and witnesses who were willing to share their experiences with OHCHR, despite the potential risks to themselves and their loved ones.