Uyghur Policy Act of 2023

IIB 118TH CONGRESS 2D SESSION H. R. 2766 IN THE SENATE OF THE UNITED STATES FEBRUARY 26, 2024 Received; read twice and referred to the Committee on Foreign Relations AN ACT To support the human rights of Uyghurs and members of other minority groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct 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 VerDate Sep 11 2014 23:29 Feb 26, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2766.RFS H2766 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 HR 2766 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Uyghur Policy Act of 2 2023’’. 3 SEC. 2. FINDINGS. 4 Congress finds the following: 5 (1) The People’s Republic of China (PRC) con- 6 tinues to repress the distinct Islamic, Turkic identity 7 of Uyghurs and members of other ethnic and reli- 8 gious minority groups in the Xinjiang Uyghur Au- 9 tonomous Region (XUAR) in northwestern China 10 and other areas of their habitual residence. 11 (2) Uyghurs, and other predominantly Muslim 12 ethnic minorities historically making up the majority 13 of the XUAR population, have maintained through- 14 out their history a distinct religious and cultural 15 identity. 16 (3) Human rights, including freedom of religion 17 or belief, and respect for the Uyghurs’ unique Mus- 18 lim identity are legitimate interests of the inter- 19 national community. 20 (4) The People’s Republic of China has ratified 21 the International Covenant on Economic, Social, and 22 Cultural Rights and has also signed the Inter- 23 national Covenant on Civil and Political Rights. 24 (5) An official campaign to encourage Han Chi- 25 nese migration into the XUAR has placed immense 26 VerDate Sep 11 2014 23:29 Feb 26, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2766.RFS H2766 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 HR 2766 RFS pressure on those who seek to preserve the ethnic, 1 cultural, religious, and linguistic traditions of the 2 Uyghurs and other ethnic and religious minority 3 groups. 4 (6) PRC authorities have supported an influx of 5 Han Chinese economic immigrants into the XUAR, 6 implemented discrimination against Uyghurs and 7 other minorities in hiring practices, and provided un- 8 equal access to healthcare services. 9 (7) The authorities of the People’s Republic of 10 China have manipulated the strategic objectives of 11 the international war on terror to mask their in- 12 creasing cultural and religious oppression of the 13 Muslim population residing in the XUAR. 14 (8) Following unrest in the region, in 2014, 15 Chinese authorities launched their ‘‘Strike Hard 16 against Violent Extremism’’ campaign, in which du- 17 bious allegations of widespread extremist activity 18 were used as justification for gross human rights 19 violations committed against Uyghurs and members 20 of other minority communities in the XUAR. 21 (9) PRC authorities have made use of the legal 22 system as a tool of repression, including for the im- 23 position of arbitrary detentions and for torture 24 VerDate Sep 11 2014 23:29 Feb 26, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2766.RFS H2766 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 HR 2766 RFS against members of the Uyghur community and 1 other minority populations. 2 (10) Uyghurs and Kazakhs who have secured 3 citizenship or permanent residency outside of the 4 PRC have attested to repeated threats, harassment, 5 and surveillance by PRC officials. 6 (11) Reporting from international news organi- 7 zations has found that over the past decade, family 8 members of Uyghurs and other minority groups liv- 9 ing outside of the PRC have gone missing or been 10 detained to force Uyghur expatriates to return to 11 the PRC or silence their dissent. 12 (12) Credible evidence from human rights orga- 13 nizations, think tanks, and journalists confirms that 14 more than 1,000,000 Uyghurs and members of other 15 Muslim ethnic minority groups have been imprisoned 16 in ‘‘political reeducation’’ centers. 17 (13) Independent accounts from former detain- 18 ees of ‘‘political reeducation’’ centers describe inhu- 19 mane conditions and treatment including forced po- 20 litical indoctrination, torture, beatings, rape, forced 21 sterilization, and food deprivation. 22 (14) Former detainees of PRC so-called ‘‘polit- 23 ical reeducation’’ centers also confirmed that they 24 were told by guards the only way to secure release 25 VerDate Sep 11 2014 23:29 Feb 26, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2766.RFS H2766 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 HR 2766 RFS was to demonstrate sufficient political loyalty to the 1 PRC Government and the Chinese Communist 2 Party. 3 (15) Popular discourse surrounding the ongoing 4 atrocities in the XUAR and advocacy efforts to as- 5 sist Uyghurs remains muted in much of the world, 6 including in most Muslim majority nations. 7 (16) Both Secretary of State Antony Blinken 8 and Former Secretary of State Michael Pompeo 9 have stated that the PRC government has com- 10 mitted genocide and crimes against humanity 11 against Uyghurs and other ethnic and religious mi- 12 norities in the XUAR. 13 (17) Government bodies of multiple nations 14 have also declared that PRC government atrocities 15 against such populations in the XUAR constitute 16 genocide, including the parliaments of the United 17 Kingdom, Belgium, Czechia, Lithuania, the Nether- 18 lands, and Canada. 19 SEC. 3. SENSE OF CONGRESS. 20 It is the sense of Congress that— 21 (1) the Government of the People’s Republic of 22 China should immediately open the Xinjiang Uyghur 23 Autonomous Region (XUAR) to regular, trans- 24 parent, and unmanipulated visits by members of the 25 VerDate Sep 11 2014 23:29 Feb 26, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2766.RFS H2766 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 HR 2766 RFS press, international organizations including the Of- 1 fice of the United Nations High Commissioner for 2 Human Rights, academic and human rights research 3 institutions, as well as foreign delegations including 4 from the United States Congress; 5 (2) Government of the People’s Republic of 6 China should recognize, and take tangible steps to 7 protect and preserve, the distinct ethnic, cultural, re- 8 ligious, and linguistic identity of Uyghurs and mem- 9 bers of other ethnic and religious minority groups in 10 the XUAR; 11 (3) the Government of the People’s Republic of 12 China should cease all government-sponsored crack- 13 downs, imprisonments, and detentions of people 14 throughout the XUAR aimed at repressing their eth- 15 nic, cultural, political, or religious identities; 16 (4) it is commendable for countries to provide 17 shelter and hospitality to Uyghurs and other minor- 18 ity group members in exile, as Turkey, Albania, and 19 Germany have done; 20 (5) urges all countries, especially fellow democ- 21 racies and those with sizeable Muslim populations, 22 to condemn and address the plight of Uyghurs and 23 other minority communities in the XUAR; 24 VerDate Sep 11 2014 23:29 Feb 26, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2766.RFS H2766 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 HR 2766 RFS (6) the Government of the PRC should imme- 1 diately and unconditionally release all prisoners de- 2 tained for their ethnic, cultural, religious, and lin- 3 guistic identities, or for expressing their political or 4 religious beliefs in the XUAR, including— 5 (A) Ekper Asat, who participated in the 6 Department of State’s International Visitors 7 Leadership Program in 2016, was incarcerated 8 after returning to the XUAR, and is now serv- 9 ing a 15 year prison sentence on charges of ‘‘in- 10 citing ethnic hatred and ethnic discrimination’’; 11 (B) Dr. Gulshan Abbas, a retired medical 12 doctor and Uyghur, who was wrongfully de- 13 tained in the XUAR on September 11, 2018, 14 and unjustly sentenced to 20 years in prison in 15 retaliation for her sister’s advocacy for Uyghur 16 human rights issues; and 17 (C) Kamile Wayit, a university student 18 and Uyghur, who was wrongfully detained on 19 December 12, 2022, after returning to the 20 XUAR while on break from studying during the 21 winter holiday; 22 (7) the Government of the PRC should facili- 23 tate access for international humanitarian organiza- 24 tions, including the International Federation of Red 25 VerDate Sep 11 2014 23:29 Feb 26, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2766.RFS H2766 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 HR 2766 RFS Cross and Red Crescent Societies, to the ‘‘political 1 reeducation’’ centers in the XUAR to ensure pris- 2 oners are not being mistreated and are receiving 3 necessary medical care; and 4 (8) the United States Agency for Global Media 5 should continue to facilitate the unhindered dissemi- 6 nation of information to the international commu- 7 nity on issues regarding the human rights and reli- 8 gious freedom of Uyghurs and members of other mi- 9 nority groups in the XUAR. 10 SEC. 4. UNITED STATES SPECIAL COORDINATOR FOR 11 UYGHUR ISSUES. 12 (a) IN GENERAL.—There is authorized to be within 13 the Department of State a United States Special Coordi- 14 nator for Uyghur Issues (in this section referred to as the 15 ‘‘Special Coordinator’’), to be designated by the Secretary 16 of State in accordance with subsection (b). 17 (b) CONSULTATION.—The Secretary of State shall 18 consult with the Chairs and Ranking Members of the 19 Committee on Foreign Relations of the Senate and the 20 Committee on Foreign Affairs of the House of Representa- 21 tives prior to the designation of the Special Coordinator. 22 (c) CENTRAL OBJECTIVE.—The Special Coordinator 23 should seek to promote the protection and preservation of 24 the distinct ethnic, cultural, religious, and linguistic iden- 25 VerDate Sep 11 2014 23:29 Feb 26, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2766.RFS H2766 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 HR 2766 RFS tities of the Uyghurs and other ethnic and religious minor- 1 ity groups in the Xinjiang Uyghur Autonomous Region (in 2 this Act referred to as the ‘‘XUAR’’). 3 (d) DUTIES AND RESPONSIBILITIES.—The Special 4 Coordinator should, as appropriate— 5 (1) coordinate United State Government poli- 6 cies, programs, and projects concerning the Uyghurs 7 and members of other ethnic and religious minority 8 groups in the XUAR; 9 (2) vigorously promote the policy of seeking to 10 protect the distinct ethnic, religious, cultural, and 11 linguistic identity of the Uyghurs and other minority 12 groups and seek improved protection of human 13 rights in the XUAR; 14 (3) maintain close contact with Uyghur reli- 15 gious, cultural, and political leaders, including seek- 16 ing regular travel to the XUAR and to Uyghur pop- 17 ulations in Central Asia, Turkey, Albania, Germany, 18 and other parts of Europe; 19 (4) lead coordination efforts for the release of 20 political prisoners in the XUAR who are being de- 21 tained for exercising their human rights; 22 (5) consult with the United States Congress on 23 policies relevant to the XUAR and the Uyghurs; 24 VerDate Sep 11 2014 23:29 Feb 26, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2766.RFS H2766 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 HR 2766 RFS (6) coordinate with relevant Federal agencies to 1 administer aid to Uyghur rights advocates; and 2 (7) make efforts to establish contacts with for- 3 eign ministries of other countries, especially in Eu- 4 rope, Central Asia, and members of the Organisation 5 of Islamic Cooperation, to pursue a policy of pro- 6 moting greater respect for human rights and reli- 7 gious freedom for Uyghurs and other ethnic and re- 8 ligious minority groups from the XUAR. 9 (e) SUPPORT.—The Secretary of State shall ensure 10 the Special Coordinator has adequate resources, staff, and 11 administrative support to carry out this section. 12 (f) DEADLINE.—If the Secretary of State has not 13 designated the Special Coordinator by the date that is 180 14 days after the date of the enactment of this Act, the Sec- 15 retary shall submit to the Committee on Foreign Affairs 16 of the House of Representatives and the Committee on 17 Foreign Relations of the Senate a report detailing the rea- 18 sons for the delay. 19 (g) TERMINATION.—This section shall terminate on 20 the date that is 5 years after the date of the designation 21 of the Special Coordinator. 22 VerDate Sep 11 2014 23:29 Feb 26, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2766.RFS H2766 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 HR 2766 RFS SEC. 5. FUNDING FOR HUMAN RIGHTS ADVOCATES TO CON- 1 DUCT PUBLIC DIPLOMACY IN THE ISLAMIC 2 WORLD ON THE UYGHUR SITUATION. 3 Of the amounts authorized to be appropriated for the 4 U.S. Speaker program of the Bureau of Educational and 5 Cultural Affairs of the Department of State, $250,000 for 6 each of fiscal years 2024, 2025, and 2026 is authorized 7 to be made available to support human rights advocates 8 working on behalf of the Uyghurs and members of other 9 ethnic and religious minority groups from the XUAR that 10 are persecuted in the PRC, whose names may be provided 11 by the Department of State and the United States Special 12 Coordinator for Uyghur Issues in consultation with rep- 13 resentatives of the global Uyghur community, to speak at 14 global public diplomacy forums, particularly those in 15 which Organisation of Islamic Cooperation countries and 16 other Muslim-majority countries are present, on issues re- 17 garding the human rights and religious freedom of 18 Uyghurs and members of other ethnic and religious minor- 19 ity groups persecuted in the PRC. 20 SEC. 6. ACCESS TO DETENTION FACILITIES AND PRISONS 21 AND THE RELEASE OF PRISONERS. 22 (a) STRATEGY ON POLITICAL REEDUCATION AND 23 DETENTION FACILITIES.—Not later than 180 days after 24 the date of the enactment of this Act, the Secretary of 25 State should, in consultation with the heads of other rel- 26 VerDate Sep 11 2014 23:29 Feb 26, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2766.RFS H2766 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 HR 2766 RFS evant Federal departments and agencies, develop a strat- 1 egy to cooperate with like-minded partners to pressure the 2 People’s Republic of China to— 3 (1) close all detention facilities and ‘‘political 4 reeducation’’ camps housing Uyghurs and members 5 of other ethnic minority groups in the XUAR; 6 (2) allow unhindered access to detention facili- 7 ties and ‘‘political reeducation’’ camps in the XUAR 8 by [Text truncated for display. Full text available on Congress.gov.]