Uyghur Policy Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1252 To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, and for other pur- poses. IN THE SENATE OF THE UNITED STATES APRIL 20, 2023 Mr. RUBIO introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Uyghur Policy Act of 4 2023’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 22:20 Apr 23, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 ddrumheller on DSK120RN23PROD with BILLS 2 •S 1252 IS (1) The Chinese Communist Party continues to 1 repress the distinct Turkic identity of Uyghurs and 2 members of other predominantly Muslim ethnic 3 groups in the Xinjiang Uyghur Autonomous Region 4 and in other areas where they have habitually re- 5 sided. 6 (2) Uyghurs, and other predominantly Muslim 7 ethnic groups make up the majority of the indige- 8 nous population in the area that the Chinese Com- 9 munist Party has designated as the Xinjiang 10 Uyghur Autonomous Region (XUAR). Throughout 11 their history, Uyghurs and other predominately 12 Muslim ethnic groups have maintained a civilization 13 that was distinct from the Chinese. For centuries, 14 these Turkic groups were not under Chinese rule. 15 (3) Human rights, including freedom of religion 16 or belief, and the preservation of and respect for the 17 Uyghurs’ unique Turkic and Islamic civilization and 18 identity are legitimate interests of the international 19 community. 20 (4) The People’s Republic of China (PRC) has 21 ratified the International Covenant on Economic, 22 Social, and Cultural Rights, done at New York De- 23 cember 16, 1966, and is thereby bound by its provi- 24 sions. China has also signed the International Cov- 25 VerDate Sep 11 2014 21:18 Apr 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 ddrumheller on DSK120RN23PROD with BILLS 3 •S 1252 IS enant on Civil and Political Rights. Article One of 1 both covenants state that all peoples have the right 2 to self-determination. 3 (5) An official campaign to encourage Chinese 4 migration into the XUAR has placed immense pres- 5 sure on those who seek to preserve the ethnic, cul- 6 tural, religious, and linguistic traditions of the 7 Uyghurs people. Chinese authorities have supported 8 an influx of Chinese economic immigrants into the 9 XUAR, discriminated against Uyghurs in hiring 10 practices, and provided unequal access to healthcare 11 services. 12 (6) The Chinese Communist Party has manipu- 13 lated the strategic objectives of the international war 14 on terror to mask their increasing cultural and reli- 15 gious oppression of the predominantly Muslim popu- 16 lation residing in the XUAR. 17 (7) Following unrest in the region, in 2014, the 18 Chinese Communist Party launched its ‘‘Strike Hard 19 against Violent Extremism’’ campaign, in which du- 20 bious allegations of widespread extremist activity 21 were used as justification for gross human rights 22 violations committed against members of the Uyghur 23 community. 24 VerDate Sep 11 2014 21:18 Apr 23, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 ddrumheller on DSK120RN23PROD with BILLS 4 •S 1252 IS (8) Chinese Communist Party officials have 1 made use of the legal system as a tool of repression, 2 including for the imposition of arbitrary detentions 3 and for torture against members of the Uyghur and 4 other populations. 5 (9) Uyghurs and Kazakhs who have secured 6 citizenship or permanent residency outside of the 7 PRC have attested to repeated threats, harassment, 8 and surveillance by PRC officials. 9 (10) Reporting from international news organi- 10 zations has found that over the past decade, family 11 members of Uyghurs living outside of the PRC who 12 remain in the PRC have gone missing or have been 13 detained to force Uyghur expatriates to return to 14 the PRC or silence their dissent. 15 (11) Credible evidence from human rights orga- 16 nizations, think tanks, and journalists confirms that 17 more than 1,000,000 Uyghurs and members of other 18 ethnic groups have been imprisoned in extrajudicial 19 ‘‘political reeducation’’ centers. 20 (12) Independent accounts from former detain- 21 ees of ‘‘political reeducation’’ centers describe inhu- 22 mane conditions and treatment, including forced po- 23 litical indoctrination, torture, beatings, rape, forced 24 sterilization, and food deprivation. Former detainees 25 VerDate Sep 11 2014 21:18 Apr 23, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 ddrumheller on DSK120RN23PROD with BILLS 5 •S 1252 IS also confirmed that they were told by guards that 1 the only way to secure release was to demonstrate 2 sufficient political loyalty to the Chinese Communist 3 Party. 4 (13) Popular discourse surrounding the ongoing 5 atrocities in the XUAR and advocacy efforts to as- 6 sist Uyghurs remains muted in most Muslim major- 7 ity nations around the world. 8 (14) Both Secretary of State Antony Blinken 9 and Former Secretary of State Michael Pompeo 10 have stated that the Chinese Communist Party has 11 committed genocide and crimes against humanity 12 against Uyghurs and other ethnic and religious 13 groups in the XUAR. 14 (15) Government bodies of multiple nations 15 have also declared that Chinese Communist Party 16 atrocities against such populations in the XUAR 17 constitute genocide, including the parliaments of the 18 United Kingdom, Belgium, Czechia, Lithuania, the 19 Netherlands, and Canada. 20 SEC. 3. STATEMENT OF POLICY. 21 It is the policy of the United States— 22 (1) to press for authorities in China to open the 23 XUAR to regular, transparent, and unmanipulated 24 visits by members of the press, Members of Con- 25 VerDate Sep 11 2014 21:18 Apr 23, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 ddrumheller on DSK120RN23PROD with BILLS 6 •S 1252 IS gress, congressional staff delegations, and members 1 and staff of the Congressional-Executive Commis- 2 sion on the People’s Republic of China and the U.S.- 3 China Economic and Security Review Commission; 4 (2) to strive to ensure the preservation of the 5 distinct ethnic, cultural, religious, and linguistic 6 identity of Uyghurs and members of other ethnic 7 and religious groups in the XUAR; 8 (3) to urge other nations to call for the ces- 9 sation of all government-sponsored crackdowns, 10 imprisonments, and detentions of people throughout 11 the XUAR aimed at those involved in the peaceful 12 expression of their ethnic, cultural, political, or reli- 13 gious identity; 14 (4) to commend countries that have provided 15 shelter and hospitality to Uyghurs in exile, including 16 Turkey, Albania, and Germany; and 17 (5) to urge countries with sizeable Muslim pop- 18 ulations, given commonalities in their religious and 19 cultural identities, to demonstrate concern over the 20 plight of Uyghurs. 21 SEC. 4. PUBLIC DIPLOMACY IN THE ISLAMIC WORLD WITH 22 RESPECT TO THE UYGHUR SITUATION. 23 (a) IN GENERAL.—The Secretary of State, working 24 through the Assistant Secretary of State for Educational 25 VerDate Sep 11 2014 22:20 Apr 23, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 ddrumheller on DSK120RN23PROD with BILLS 7 •S 1252 IS and Cultural Affairs, shall support, through the United 1 States Speaker Program, human rights advocates rep- 2 resenting Uyghurs and members of other ethnic and reli- 3 gious groups persecuted in the PRC to speak at public 4 diplomacy forums in Muslim-majority countries and other 5 regions about issues regarding the human rights and reli- 6 gious freedom of Uyghurs and members of other ethnic 7 and religious groups that are being persecuted in the PRC. 8 (b) CONSULTATION REQUIREMENT.—The Assistant 9 Secretary of State for Educational and Cultural Affairs 10 shall consult with representatives of the global Uyghur 11 community when selecting participants for the activity de- 12 scribed in subsection (a). 13 (c) MEDIA ACTIVITIES.—The Secretary of State, in 14 consultation with the Chief Executive Officer of the 15 United States Agency for Global Media, should facilitate 16 the unhindered dissemination of information to Muslim- 17 majority countries about issues regarding the human 18 rights and religious freedom of Uyghurs and members of 19 other groups in the XUAR. 20 SEC. 5. STRATEGY TO INCREASE ACCESS TO DETENTION 21 FACILITIES AND PRISONS AND SECURE THE 22 RELEASE OF PRISONERS. 23 (a) IN GENERAL.—Not later than 180 days after the 24 date of the enactment of this Act, the Secretary of State 25 VerDate Sep 11 2014 22:20 Apr 23, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 ddrumheller on DSK120RN23PROD with BILLS 8 •S 1252 IS SEC. 5. STRATEGY TO INCREASE ACCESS TO DETENTION 1 FACILITIES AND PRISONS AND SECURE THE 2 RELEASE OF PRISONERS. 3 (a) IN GENERAL.—Not later than 180 days after the 4 date of the enactment of this Act, the Secretary of State 5 shall develop and submit to Congress a strategy to support 6 and secure the release of political prisoners detained in 7 the PRC. 8 (b) ELEMENTS.—The strategy required under sub- 9 section (a) shall include— 10 (1) a detailed description of how the United 11 States Government can pressure the PRC to imme- 12 diately close all detention facilities and ‘‘political re- 13 education’’ camps housing Uyghurs and members of 14 other ethnic minority groups in the XUAR; 15 (2) a detailed assessment of how the United 16 States can leverage its contributions to the United 17 Nations to support the United Nations Commis- 18 sioner for Human Rights and numerous United Na- 19 tions Special Rapporteurs’ urgent calls for imme- 20 diate and unhindered access to detention facilities 21 and ‘‘political reeducation’’ camps in the XUAR by 22 independent international organizations and the Of- 23 fice of the United Nations High Commissioner for 24 Human Rights for a comprehensive assessment of 25 the human rights situation; 26 VerDate Sep 11 2014 21:18 Apr 23, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 ddrumheller on DSK120RN23PROD with BILLS 9 •S 1252 IS (3) a detailed description of how the United 1 States Government will work with other like-minded 2 countries to pressure the PRC to immediately stop 3 the genocide of Uyghurs and other ethnic groups in 4 the XUAR; and 5 (4) a detailed plan for how United States Gov- 6 ernment officials can use meetings with representa- 7 tives of the Chinese Communist Party to demand 8 the immediate and unconditional release of all pris- 9 oners detained for their ethnic, cultural, religious, 10 and linguistic identities, or for expressing their polit- 11 ical or religious beliefs in the XUAR. 12 (c) FORM.—The strategy required under subsection 13 (a) shall be submitted in unclassified form. 14 SEC. 6. REQUIREMENT FOR UYGHUR LANGUAGE TRAINING. 15 The Secretary of State shall ensure that— 16 (1) Uyghur language training is available to 17 Foreign Service officers, as appropriate; and 18 (2) every effort is being made to ensure that a 19 Uyghur-speaking member of the Foreign Service (as 20 described in section 103 of the Foreign Service Act 21 of 1980 (22 U.S.C. 3903)) is assigned to United 22 States diplomatic and consular missions in the PRC, 23 Turkey, and other nations hosting Uyghur popu- 24 lations. 25 VerDate Sep 11 2014 21:18 Apr 23, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 ddrumheller on DSK120RN23PROD with BILLS 10 •S 1252 IS SEC. 7. UYGHUR CONSIDERATIONS AT THE UNITED NA- 1 TIONS. 2 The Secretary of State and the United States Perma- 3 nent Representative to the United Nations shall use the 4 voice, vote, and influence of the United States at the 5 United Nations— 6 (1) to oppose any efforts— 7 (A) to prevent consideration of the issues 8 related to the XUAR in any body of the United 9 Nations; and 10 (B) to prevent the participation of any 11 Uyghur human rights advocates in nongovern- 12 mental fora hosted by or otherwise organized 13 under the auspices of any body of the United 14 Nations; and 15 (2) to support the appointment of a special 16 rapporteur or working group for the XUAR for the 17 purposes of— 18 (A) monitoring human rights violations 19 and abuses in the XUAR; and 20 (B) making reports available to the High 21 Commissioner for Refugees, the High Commis- 22 sioner for Human Rights, the General Assem- 23 bly, and other United Nations bodies. 24 Æ VerDate Sep 11 2014 21:18 Apr 23, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S1252.IS S1252 ddrumheller on DSK120RN23PROD with BILLS