Uyghur SOS Act

I 117TH CONGRESS 1ST SESSION H. R. 3306 To address state-sanctioned violence against women in the People’s Republic of China, including rape and torture in detention and forced steriliza- tions, forced abortions, and other coercive birth restriction policies, par- ticularly in the Xinjiang Uyghur Autonomous Region, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 18, 2021 Mrs. HARTZLER (for herself and Mr. SUOZZI) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To address state-sanctioned violence against women in the People’s Republic of China, including rape and torture in detention and forced sterilizations, forced abortions, and other coercive birth restriction policies, particularly in the Xinjiang Uyghur Autonomous Region, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 05:09 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3306.IH H3306 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3306 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Uyghur Stop Oppres- 2 sive Sterilizations Act’’ or the ‘‘Uyghur SOS Act’’. 3 SEC. 2. FINDINGS. 4 Congress finds the following: 5 (1) Eyewitness accounts provide credible docu- 6 mentation of widespread forced sterilization and sex- 7 ual violence against Uyghur and Kazakh women in 8 the People’s Republic of China, including investiga- 9 tions and independent interviews by global media 10 outlets. 11 (2) Women who survived internment camps re- 12 port that they were forced to undergo multiple injec- 13 tions of unknown medicines that caused temporary 14 or permanent loss of menstrual cycles. 15 (3) Chinese Government documents dem- 16 onstrate rapid declines in population in two predomi- 17 nately Uyghur prefectures of the Xinjiang Uyghur 18 Autonomous Region between 2015 and 2018, and an 19 unprecedented near-zero birth rate target for 2020 20 in one district. Government documents mandate that 21 birth control violations are punishable by 22 extrajudicial internment in ‘‘training’’ camps. 23 (4) Chinese Government documents from 2019 24 reveal plans for a campaign of mass female steriliza- 25 tion in rural Uyghur populated regions of the 26 VerDate Sep 11 2014 05:09 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3306.IH H3306 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3306 IH Xinjiang Uyghur Autonomous Region, to be contin- 1 ued in 2020 with increased funding. Publicly avail- 2 able budgets indicate that this project had sufficient 3 funding to perform hundreds of thousands of tubal 4 ligation sterilization procedures in 2019 and 2020. 5 (5) In 2019, the Government of the Xinjiang 6 Uyghur Autonomous Region planned to subject at 7 least 80 percent of women of childbearing age in the 8 four southern, rural, minority prefectures to intru- 9 sive birth-prevention surgeries. 10 (6) A leaked report written by Nankai Univer- 11 sity researchers for the Chinese Government con- 12 firms the intent of intention of state-organized 13 forced labor transfers as having the ultimate pur- 14 pose of assimilating Uyghurs, ‘‘breaking up’’ their 15 society, and altering demographic trends. 16 (7) The policy of state-sponsored forced popu- 17 lation-transfer program, which separates married 18 couples and forcibly places unmarried individuals 19 into controlled environments where they cannot 20 marry or form a family, is a violation of the funda- 21 mental right ‘‘to marry and to found a family,’’ as 22 codified by Article 16 of the Universal Declaration 23 of Human Rights (1948). 24 VerDate Sep 11 2014 05:09 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3306.IH H3306 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3306 IH (8) Under the ‘‘becoming family’’ homestay pro- 1 gram initiated by the government of the People’s 2 Republic of China in the Xinjiang Uyghur Autono- 3 mous Region, government workers and other Com- 4 munist Party members are assigned to live with eth- 5 nic minority families in their homes to conduct sur- 6 veillance and compile information on family mem- 7 bers, in arrangements which leave these families vul- 8 nerable to sexual violence and other types of abuse. 9 (9) On January 7, 2021, an official social 10 media account for the Government of China said 11 that a ‘‘Study shows that in the process of eradi- 12 cating extremism, the minds of Uygur women in 13 Xinjiang were emancipated and gender equality and 14 reproductive health were promoted, making them no 15 longer baby-making machines [and] . . . . They are 16 more confident and independent.’’. 17 (10) Uyghur and Kazakh women who have 18 given testimony to reporters about sexual violence 19 and forced sterilizations in mass internment camps 20 have been intimidated and their families threatened 21 by security officials from the People’s Republic of 22 China. 23 (11) Article Two of the Genocide Convention of 24 1948, which China has signed and ratified, states 25 VerDate Sep 11 2014 05:09 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3306.IH H3306 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3306 IH that ‘‘genocide means any of the following acts com- 1 mitted with intent to destroy, in whole or in part, a 2 national, ethnical, racial or religious group, as such: 3 ‘‘(A) Killing members of the group; 4 ‘‘(B) Causing serious bodily or mental 5 harm to members of the group; 6 ‘‘(C) Deliberately inflicting on the group 7 conditions of life calculated to bring about its 8 physical destruction in whole or in part; 9 ‘‘(D) Imposing measures intended to pre- 10 vent births within the group; 11 ‘‘(E) Forcibly transferring children of the 12 group to another group.’’. 13 (12) On January 19, 2021, the Secretary of 14 State released a determination about atrocities in 15 the Xinjiang Uyghur Autonomous Region that stat- 16 ed that the ‘‘ongoing’’ crimes against humanity 17 against the predominantly Muslim Uyghurs and 18 other members of ethnic and religious minority 19 groups include forced sterilization, and called upon 20 the PRC ‘‘immediately to release all arbitrarily de- 21 tained persons and abolish its system of internment, 22 detention camps, house arrest and forced labor; 23 cease coercive population control measures, including 24 forced sterilizations, forced abortion, forced birth 25 VerDate Sep 11 2014 05:09 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3306.IH H3306 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3306 IH control, and the removal of children from their fami- 1 lies; and end all torture and abuse in places of de- 2 tention . . . .’’ 3 (13) That same determination concluded that, 4 after careful examination of the facts, the Govern- 5 ment of China was committing ‘‘genocide’’ against 6 Uyghur, Kazakh, and other ethnic minority groups 7 in the Xinjiang Uyghur Autonomous Region. 8 (14) Secretary of State Tony Blinken affirmed 9 that the United States Government recognizes the 10 atrocities faced by Uyghurs and other ethnic and re- 11 ligious minorities in the Xinjiang Uyghur Autono- 12 mous Region as ongoing genocide and crimes 13 against humanity and said the United States will 14 hold the Government of China responsible for the 15 ‘‘atrocities’’ committed in the Xinjiang Uyghur Au- 16 tonomous Region. 17 SEC. 3. STATEMENT OF POLICY. 18 It is the policy of the United States— 19 (1) to regard the prevention of genocide and 20 other atrocity crimes as a national interest particu- 21 larly when those actions target Uyghurs, Kazakhs, 22 and Kyrgyz and other predominately Muslim ethnic 23 minorities in the Xinjiang Uyghur Autonomous Re- 24 gion through mass arbitrary detentions, forced labor, 25 VerDate Sep 11 2014 05:09 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3306.IH H3306 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3306 IH forced sterilizations, forced abortions and other coer- 1 cive birth restrictions policies, sexual violence and 2 other torture in detention, and forced transfer of 3 children to orphanages and boarding schools; 4 (2) to condemn genocide and work diplomati- 5 cally to end genocide and other atrocity crimes, in- 6 cluding by calling on foreign governments, through 7 both bilateral discussions and in multilateral organi- 8 zations, to denounce and take actions to end the 9 atrocity crimes perpetuated in the Xinjiang Uyghur 10 Autonomous Region; 11 (3) to raise the issue of state-sanctioned vio- 12 lence against women, including rape, torture, and 13 coercively enforced population control policies in the 14 People’s Republic of China, in all multilateral orga- 15 nizations where the United States and the People’s 16 Republic of China are members, including at the 17 United Nations Security Council; 18 (4) to consider state-sanctioned violence against 19 women, including forced sterilizations and forced 20 abortions and the systematic use of rape and torture 21 in mass internment camps in the Xinjiang Uyghur 22 Autonomous Region as a gross violation of inter- 23 nationally-recognized human rights; and 24 VerDate Sep 11 2014 05:09 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3306.IH H3306 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3306 IH (5) to use all the existing United States au- 1 thorities, including visa and financial sanctions, to 2 hold accountable individuals and entities responsible 3 for genocide and other atrocity crimes in the Peo- 4 ple’s Republic of China, section 6 of the Uyghur 5 Human Rights Policy Act (Public Law No: 116– 6 145) and including section 1263 of the Global 7 Magnitsky Human Rights Accountability Act (sub- 8 title F of title XII of the National Defense Author- 9 ization Act for Fiscal Year 2017; 22 U.S.C. 2656 10 note). 11 SEC. 4. SENSE OF CONGRESS CONCERNING ATROCITY 12 CRIMES IN THE XINJIANG UYGHUR AUTONO- 13 MOUS REGION. 14 It is the sense of Congress that— 15 (1) the atrocities perpetrated by the Govern- 16 ment of the People’s Republic of China against 17 Uyghurs, Kazakhs, Kyrgyz, and other predominately 18 Muslim ethnic minorities in the Xinjiang Uyghur 19 Autonomous Region are horrific and ongoing and 20 constitute genocide and crimes against humanity; 21 (2) all governments, including the United 22 States, and international organizations, such as the 23 United Nations and the Office of the Secretary-Gen- 24 eral, should call the atrocities perpetuated by the 25 VerDate Sep 11 2014 05:09 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3306.IH H3306 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3306 IH Government of the People’s Republic of China, in- 1 cluding the mass arbitrary detention of ethnic mi- 2 norities; forced sterilizations and forced abortions 3 and other sexual violence; and forced labor, as geno- 4 cide and crimes against humanity; 5 (3) the United States, in coordination with al- 6 lies and partners, should strongly condemn the in- 7 timidation and threats targeting Uyghur and 8 Kazakh women who provide public evidence of sexual 9 violence and forced sterilizations and forced abor- 10 tions in mass internment camps and the journalist 11 who report these stories; 12 (4) member states of the United Nations should 13 consider all Uyghurs and other ethnic minorities de- 14 tained and imprisoned through the justice system in 15 the Xinjiang Uyghur Autonomous Region as arbi- 16 trarily detained due to the severe restrictions on in- 17 formation regarding the cases and because research 18 by human rights organizations indicate that long 19 prison sentences were given to individuals for prac- 20 ticing their religion or engaging in other internation- 21 ally-recognized human rights; 22 (5) member states of the United Nations should 23 condemn the atrocities committed by the Govern- 24 ment of the People’s Republic China, including 25 VerDate Sep 11 2014 05:09 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3306.IH H3306 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 3306 IH forced sterilizations and other state-sanctioned vio- 1 lence against women, and take steps to prevent fur- 2 ther crimes against humanity and genocide in the 3 Xinjiang Uyghur Autonomous Region including by 4 demanding that the Government of the People’s Re- 5 public of China— 6 (A) immediately adhere to its commitments 7 under the Convention on the Prevention and 8 Punishment of the Crime of Genocide; 9 (B) end all forced sterilization, forced 10 abortions, and other state-sanctioned violence 11 against women; 12 (C) release all individuals from internment 13 camps, and all others who are unjustly or arbi- 14 trarily detained, including those engaged in 15 forced labor programs or separated from their 16 families in state-run boarding schools; 17 (D) end harassment and restrictions on 18 foreign journalists while they are traveling in 19 the Xinjiang Uyghur Autonomous Region and 20 immediately end any threats and intimidation 21 directed at journalists for reporting about con- 22 ditions there; and 23 VerDate Sep 11 2014 05:09 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3306.IH H3306 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 3306 IH (E) guarantee the right to the freedom of 1 religion, including by rebuilding mosques and 2 restoring holy sites and cemeteries; 3 (6) member states of the United Nations should 4 take action to collect and preserve evidence of geno- 5 cide and crimes against humanity and establish ap- 6 propriate special mechanisms and tribunals to hold 7 accountable officials responsible for genocide and 8 crimes against humanity, including through the es- 9 tablishment of an international Commission on In- 10 quiry on Atrocity Crimes in the Xinjiang Uyghur 11 Autonomous Region; and 12 (7) the Department of State should be com- 13 mended for raising the issue of atrocity crimes and 14 its public determination that the Government of the 15 People’s Republic of China is responsible for an on- 16 going genocide and for crimes against humanity in 17 the Xinjiang Uyghur Autonomous Region. 18 SEC. 5. STRATEGY TO ADDRESS GENOCIDE IN THE 19 XINJIANG UYGHUR AUTONOMOUS REGION. 20 (a) FINDING.—Congress finds that— 21 (1) the determination of the Secretary of State 22 that the Government of the People’s Republic of 23 China is responsible for perpetrating both genocide 24 and crimes against humanity targeting Uyghurs and 25 V [Text truncated for display. Full text available on Congress.gov.]