Uyghur Human Rights Policy Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 649 To condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China. IN THE HOUSE OF REPRESENTATIVES JANUARY 17, 2019 Mr. SMITH of New Jersey (for himself, Mr. SUOZZI, Mr. MCCAUL, Mr. CHABOT, Mr. SHERMAN, Mr. CONNOLLY, Mr. SIRES, Mr. KENNEDY, Ms. PINGREE, Mr. COHEN, Mr. MEADOWS, Mr. WILSON of South Carolina, Mr. KRISHNAMOORTHI, and Mrs. WAGNER) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Intelligence (Permanent Select), and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Uyghur Human Rights 4 Policy Act of 2019’’. 5 VerDate Sep 11 2014 02:17 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 649 IH SEC. 2. STATEMENT OF PURPOSE. 1 The purpose of this Act is to direct United States 2 resources to address gross violations of universally recog- 3 nized human rights, including the mass internment of over 4 1,000,000 Uyghurs and other predominantly Muslim eth- 5 nic minorities in China and the intimidation and threats 6 faced by United States citizens and legal permanent resi- 7 dents. 8 SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES. 9 In this section, the term ‘‘appropriate congressional 10 committees’’ means— 11 (1) the Committee on Foreign Relations, the 12 Committee on Armed Services, the Select Committee 13 on Intelligence, the Committee on Banking, Hous- 14 ing, and Urban Affairs, the Committee on the Judi- 15 ciary, and the Committee on Appropriations of the 16 Senate; and 17 (2) the Committee on Foreign Affairs, the 18 Committee on Armed Services, the Permanent Select 19 Committee on Intelligence, the Committee on Finan- 20 cial Services, the Committee on the Judiciary, and 21 the Committee on Appropriations of the House of 22 Representatives. 23 SEC. 4. FINDINGS. 24 Congress makes the following findings: 25 VerDate Sep 11 2014 02:17 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 649 IH (1) The Government of the People’s Republic of 1 China (PRC) has a long history of repressing ap- 2 proximately 13,000,000 Turkic, moderate Sunni 3 Muslims, particularly Uyghurs, in the nominally au- 4 tonomous Xinjiang region. These actions are in con- 5 travention of international human rights standards, 6 including the Universal Declaration of Human 7 Rights and the International Covenant on Civil and 8 Political Rights, which China has signed but not yet 9 ratified. 10 (2) In recent decades, central and regional Chi- 11 nese government policies have systematically dis- 12 criminated against Uyghurs, ethnic Kazakhs, and 13 other Muslims in Xinjiang by denying them a range 14 of civil and political rights, including the freedoms of 15 expression, religion, movement, and a fair trial, 16 among others. 17 (3) Increased unrest in the Xinjiang region as 18 a result of the central government’s severe repres- 19 sion is used in Orwellian fashion by the Government 20 of the People’s Republic of China as evidence of 21 ‘‘terrorism’’ and ‘‘separatism’’ and as an excuse for 22 further disproportionate response. 23 (4) In 2014, Chinese authorities launched their 24 latest ‘‘Strike Hard against Violent Extremism’’ 25 VerDate Sep 11 2014 02:17 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 649 IH campaign, in which the pretext of wide-scale, inter- 1 nationally linked threats of terrorism were used to 2 justify pervasive restrictions on, and gross human 3 rights violations of, the ethnic minority communities 4 of Xinjiang. 5 (5) Those policies included— 6 (A) pervasive, high-tech surveillance across 7 the region, including the arbitrary collection of 8 biodata, including DNA samples from children, 9 without their knowledge or consent; 10 (B) the use of QR codes outside homes to 11 gather information on how frequently individ- 12 uals pray; 13 (C) facial and voice recognition software 14 and ‘‘predictive policing’’ databases; and 15 (D) severe restrictions on the freedom of 16 movement across the region. 17 (6) Chinese security forces have never been held 18 accountable for credible reports of mass shootings in 19 Alaqagha (2014), Hanerik (2013), and Siriqbuya 20 (2013), as well as the extrajudicial killings of 21 Abdulbasit Ablimit (2013) and Rozi Osman (2014). 22 (7)(A) The August 2016 transfer of former 23 Tibet Autonomous Region Party Secretary Chen 24 Quanguo to become the Xinjiang Party Secretary 25 VerDate Sep 11 2014 02:17 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 649 IH prompted an acceleration in the crackdown across 1 the region. 2 (B) Local officials in Xinjiang have used 3 chilling political rhetoric to describe the purpose of 4 government policy including ‘‘eradicating tumors’’ 5 and ‘‘spray[ing] chemicals’’ on crops to kill the 6 ‘‘weeds’’. 7 (C) Uyghurs are forced to celebrate Chinese 8 cultural traditions, such as Chinese New Year, and 9 unique Uyghur culture is facing eradication due to 10 state control over Uyghur cultural heritage, such as 11 muqam (a musical tradition) and meshrep (tradi- 12 tional cultural gatherings), and due to elimination of 13 the Uyghur language as a medium of instruction in 14 Xinjiang schools and universities. 15 (8) In 2017, credible reports found that family 16 members of Uyghurs living outside of China had 17 gone missing inside China, that Chinese authorities 18 were pressuring those outside the country to return, 19 and that individuals were being arbitrarily detained 20 in large numbers. 21 (9) There is ample credible evidence provided 22 by scholars, human rights organizations, journalists, 23 and think tanks substantiating the establishment by 24 Chinese authorities of ‘‘political reeducation’’ camps. 25 VerDate Sep 11 2014 02:17 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 649 IH (10) Independent organizations conducted 1 interviews, including testimonies from Kayrat 2 Samarkan, Omir Bekali, and Mihrigul Tursun, along 3 with others who had been detained in such facilities, 4 who described forced political indoctrination, torture, 5 beatings, food deprivation, and solitary confinement, 6 as well as uncertainty as to the length of detention, 7 humiliation, and denial of religious, cultural, and lin- 8 guistic freedoms, and confirmed that they were told 9 by guards that the only way to secure release was 10 to demonstrate sufficient political loyalty. Poor con- 11 ditions and lack of medical treatment at such facili- 12 ties appear to have contributed to the deaths of 13 some detainees, including the elderly and infirm. 14 Uyghurs Muhammed Salih Hajim (2018), Yaqupjan 15 Naman (2018), Abdughappar Abdujappar (2018), 16 Ayhan Memet (2018), Abdulreshit Seley Hajim 17 (2018), Nurimangul Memet (2018), Adalet Teyip 18 (2018), Abdulehed Mehsum (2017), Hesen Imin 19 (2017), and Sawut Raxman (2017) reportedly died 20 while in the custody of the Chinese authorities in 21 ‘‘political reeducation’’ camps, without proper inves- 22 tigation of the circumstances. 23 (11) Uyghurs and Kazakhs, who have now ob- 24 tained permanent residence or citizenship in other 25 VerDate Sep 11 2014 02:17 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 649 IH countries, attest to receiving threats and harassment 1 from Chinese officials. 2 (12) Under pressure from the Government of 3 the People’s Republic of China, countries have forc- 4 ibly returned Uyghurs to China in violation of the 5 non-refoulement principle and their well-founded 6 fear of persecution. States returning Uyghurs in- 7 clude Egypt (2017), the United Arab Emirates 8 (2017), Malaysia (2011, 2013), Thailand (2011, 9 2015), Laos (2010), Burma (2010), Cambodia 10 (2009), Vietnam (2014), Kazakhstan (1999, 2001, 11 2003, 2006), Uzbekistan (2007), Tajikistan (2011), 12 Pakistan (2003, 2009, 2011), Nepal (2002), and 13 India (2016). 14 (13) Six journalists for Radio Free Asia’s 15 Uyghur service have publicly detailed abuses their 16 family members in Xinjiang have endured in re- 17 sponse to their work exposing abusive policies across 18 the region. 19 (14) Several United States-based companies are 20 conducting business with Xinjiang authorities with- 21 out sufficient due diligence or safeguards to ensure 22 their business operations do not create or contribute 23 to human rights violations. 24 VerDate Sep 11 2014 02:17 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 649 IH (15) The Government of the People’s Republic 1 of China is increasingly investing in the ‘‘Belt and 2 Road Initiative’’ across Xinjiang and throughout 3 Central Asia, extending its influence through organi- 4 zations such as the Shanghai Cooperation Organiza- 5 tion without regard to the political, cultural, or lin- 6 guistic rights of ethnic minorities. 7 (16) The Secretary of State, Congressional-Ex- 8 ecutive Commission on China, Tom Lantos Human 9 Rights Commission, and individual members of the 10 executive branch and Congress have all expressed 11 growing concern regarding the pervasive human 12 rights abuses across Xinjiang and the ‘‘political re- 13 education’’ camps. 14 (17) In August 2018, the United Nations Com- 15 mittee to Eliminate Racial Discrimination challenged 16 the Government of the People’s Republic of China 17 over abuses in Xinjiang, including the establishment 18 of mass arbitrary detention camps. 19 (18) Between August and September 2018, 20 Chinese authorities responded to these allegations by 21 either flatly denying them or insisting that the facili- 22 ties are ‘‘vocational training centers’’. 23 (19) In September 2018, newly appointed 24 United Nations High Commissioner for Human 25 VerDate Sep 11 2014 02:17 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 649 IH Rights Michele Bachelet noted in her first speech as 1 High Commissioner the ‘‘deeply disturbing allega- 2 tions of large-scale arbitrary detentions of Uighurs 3 and other Muslim communities, in so-called re-edu- 4 cation camps across Xinjiang’’. 5 (20) On September 18, 2018, the Washington 6 Post editorial board wrote, ‘‘At stake is not just the 7 welfare of the Uighurs, but also whether the tech- 8 nologies of the 21st century will be employed to 9 smother human freedom.’’. 10 (21) In December 2018 testimony before the 11 Subcommittee on East Asia, the Pacific, and Inter- 12 national Cybersecurity Policy of the Committee on 13 Foreign Relations of the Senate, Deputy Assistant 14 Secretary for Democracy, Human Rights and Labor 15 Scott Busby testified that the number of those de- 16 tained in camps since April 2017 was ‘‘at least 17 800,000 and possibly more than 2 million’’. 18 (22) In December 2018, independent media re- 19 ports pointed to growing evidence of forced labor in 20 the camps, as well as reports of individuals who have 21 been released from camps being forced to labor in 22 nearby factories for low wages under threat of being 23 sent back to ‘‘political reeducation’’ camps. 24 VerDate Sep 11 2014 02:17 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 649 IH (23) In December 2018 and January 2019, 1 Chinese officials organized visits to ‘‘political reedu- 2 cation’’ camps in Xinjiang for a small group of for- 3 eign journalists and diplomats from 12 non-Western 4 countries. In the months preceding the visits, inter- 5 national media reported that officials worked to re- 6 move security features from some ‘‘political reeduca- 7 tion’’ facilities, and coached detainees and area resi- 8 dents not to make negative comments about the 9 camps. Reports also indicated that officials had 10 transferred large numbers of detainees to detention 11 facilities in other parts of China. 12 (24) Experts have described the Xinjiang region 13 as ‘‘a police state to rival North Korea, with a for- 14 malized racism on the order of South African apart- 15 heid’’ and the repression in the Xinjiang region as 16 a ‘‘slow motion Tiananmen’’. 17 SEC. 5. SENSE OF CONGRESS. 18 It is the sense of Congress that— 19 (1) the President should condemn abuses 20 against Turkic Muslims by Chinese authorities in 21 Xinjiang and call on Chinese President Xi Jinping 22 to recognize the profound abuse and likely lasting 23 damage of China’s current policies, and immediately 24 close the ‘‘political reeducation’’ camps, lift all re- 25 VerDate Sep 11 2014 02:17 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 649 IH strictions on and ensure respect for internationally 1 guaranteed human rights across the region, and 2 allow for reestablishment of contact between those 3 inside and outside China; 4 (2) the United States Government should de- 5 velop a strategy to support the United Nations High 6 Commissioner for Human Rights and numerous 7 United Nations Special Rapporteurs’ urgent calls for 8 immediate and unfettered access to Xinjiang, includ- 9 ing the ‘‘political reeducation’’ camps and instruct 10 representatives of the United States at the United 11 Nations to use the voice and vote of the United 12 States to condemn the mass arbitrary detainment, 13 torture, and forced labor of Turkic Muslims in the 14 People’s Republic of China; 15 (3) the Secretary of State should consider the 16 applicability of existing authorities, including the 17 Global Magnitsky Act (subtitle F of Public Law 18 114–328), to impose targeted sanctions on members 19 of the Government of the People’s Republic of 20 China, the Chinese Communist Party, and state se [Text truncated for display. 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