Uyghur Forced Labor Prevention Act

The Uyghur Forced Labor Prevention Act is a bill in the United States Congress that would change U.S. policy on Xinjiang Uyghur Autonomous Region (XUAR, or Xinjiang) with the goal of ensuring that American entities are not funding forced labor among ethnic minorities in the region.[3]

Uyghur Forced Labor Prevention Act
Introduced in116th United States Congress
Introduced onMarch 11, 2020[1]
Number of co-sponsors87
Legislative history

On September 22, 2020 the bill passed the House by 406-3 vote.[4]

Background

Xinjiang and allegations of forced labor
See also: Xinjiang re-education camps § Forced labor

Between 2014 and 2018, the cotton industry in Xinjiang saw a massive increase in output and employment.[5][6]:46

Xinjiang boycott advert on NYU's campus in New York, NY
"Boycott Xinjiang Genocide Products!
抵制新疆种族灭绝产品！
Also don't attack our Chinese neighbors.
Just say no to xenophobia and racism!"

According to an August 2019 book by Han Lianchao, Vice President of Citizen Power Initiatives for China, forced labor is so commonplace in Xinjiang that it is difficult to separate the forced labor economy from the regular economy. Han estimates that there are 500,000 to 800,000 people held in the more than seventy prisons in Xinjiang and that these prisoners are used for forced labor in numerous industries. Han further suspects that the million Uyghurs in the Xinjiang re-education camps are likely also used for forced labor in a similar manner.[6]:5 Han says that because Xinjiang supplies nearly 84 percent of China's cotton, any cotton, textile or garment products from China are likely tainted with forced labor.[6]:46 Han's study concludes that products of this forced labor system have entered into international commerce, including the US and Europe, and that governments, companies and consumers should assume that any cotton products sourced from China are the product of forced labor in Xinjiang (XUAR).[6]:5 The report recommended banning certain imports from Xinjiang to the United States.[6]:58

In September 2019, Nury Turkel, an Uyghur American lawyer and human rights advocate, testified to Congress that Uyghurs were being swept into a vast system of forced labor. Turkel said persons in the Xinjiang re-education camps are often moved to factories and recommended bans on cotton and textile products from Xinjiang until internment policies are abolished and conditions for due diligence are established.[7]

In November 2019, Nathan Ruser, researcher at the Australian Strategic Policy Institute said

You can't be sure that you don't have coerced labour in your supply chain if you do cotton business in China ... Xinjiang labour and what is almost certainly coerced labour is very deeply entrenched into the supply chain that exists in Xinjiang.[8]

According to an August 2020 piece in The New York Times (NYT), it was estimated that roughly one in five cotton garments sold globally contains cotton or yarn from Xinjiang. It also reported that investigations by NYT, Wall Street Journal, and Axios found evidence connecting the detention of Uyghurs to supply chains of major fashion retailers.[9]

On September 17, 2020, China's State Council Information Office rejected claims of forced labor in Xinjiang, saying that ideologically biased international forces have applied double standards to Xinjiang and denied recognition of local efforts to protect human rights.[10]

On October 21, 2020, the Subcommittee on International Human Rights (SDIR) of the Canadian House of Commons Standing Committee on Foreign Affairs and International Development called on the Canadian government to condemn Beijing’s policies against the Uyghurs, which the subcommittee said included forced labour.[11][12][13]

Existing legislation and bans

Since 1930, all goods made with forced labor have been banned in the United States under the Smoot–Hawley Tariff Act. Under current rules, goods are banned if there is reasonable evidence of forced labor in the creation of the goods.

On September 14, 2020, the U.S. Department of Homeland Security blocked imports of products from four entities in Xinjiang: all products made with labor from the Lop County No. 4 Vocational Skills Education and Training Center; hair products made in the Lop County Hair Product Industrial Park; apparel produced by Yili Zhuowan Garment Manufacturing Co., Ltd. and Baoding LYSZD Trade and Business Co., Ltd; and cotton produced and processed by Xinjiang Junggar Cotton and Linen Co., Ltd.[14][15][16]

On December 2, 2020, citing forced labor concerns, the U.S. Customs and Border Protection's (CBP) Office of Trade issued a Withhold Release Order (WRO) directing personnel at all U.S. ports of entry to detain all shipments containing cotton and cotton products originating from the Xinjiang Production and Construction Corps (XPCC).[17]

U.S. sanctions related to Xinjiang[18][19][20]
Manufacturer(s) Date Merchandise Pursuant to Status
Baoding LYSZD Trade and Business Co., Ltd. September 3, 2020 Apparel Withhold Release Order (WRO)
Beijing Liuhe BGI (subsidiary of BGI Group) July 20, 2020 Entity List
Changji Esquel Textile Co. Ltd. (subsidiary of Esquel Group) July 20, 2020 Entity List
Hefei Bitland Information Technology Co., Ltd. July 20, 2020 Computer parts Entity List
September 8, 2020 WRO
Hero Vast Group August 11, 2020 Garments WRO
Hetian Haolin Hair Accessories Co., Ltd. May 1, 2020 Hair products WRO
July 20, 2020 Entity List
Hefei Meiling Co. Ltd. July 20, 2020 Home appliances Entity List
Hetian Taida Apparel Co., Ltd. September 30, 2019 Garments WRO
July 20, 2020 Entity List
KTK Group July 20, 2020 Ceiling panels and other components Entity List
Lop County Hair Product Industrial Park August 25, 2020 Hair products WRO
Lop County Meixin Hair Products Co., Ltd. June 17, 2020 Hair products WRO
Nanchang O-Film Tech July 20, 2020 Electronics Entity List
Nanjing Synergy Textiles Co. Ltd. July 20, 2020 Textiles Entity List
No. 4 Vocation Skills Education Training Center (VSETC) August 25, 2020 Labor WRO
Tanyuan Technology Co. Ltd. July 20, 2020 Electronics Entity List
Yili Zhuowan Garment Manufacturing Co., Ltd. September 3, 2020 Apparel WRO
Xinjiang Junggar Cotton and Linen Co., Ltd. September 8, 2020 Cotton and processed cotton WRO
Xinjiang Production and Construction Corps December 2, 2020 Cotton and processed cotton WRO
Xinjiang Silk Road BGI (subsidiary of BGI Group) July 20, 2020 Entity List

Legislative history

On September 22, 2020 the bill passed the House by a 406–3 vote, with Republicans Thomas Massie, Warren Davidson and Libertarian Justin Amash voting against.[4]

Proposed legislation

The Uyghur Forced Labor Prevention Act would make it U.S. policy to assume (a "rebuttable presumption") that all goods manufactured in Xinjiang are made with forced labor, unless the commissioner of U.S. Customs and Border Protection certifies that certain goods are known to not have been made with forced labor. The bill also calls for the President of the United States to impose sanctions on "any foreign person who 'knowingly engages'" in forced labor using minority Muslims. The bill would further require firms to disclose their dealings with Xinjiang.[21][22] A list of Chinese companies that have relied on forced labor would be compiled.[23]

Reactions

Domestic

United States Commission on International Religious Freedom (USCIRF) commissioners Gary Bauer,[24] James W. Carr,[25] and Nury Turkel[26] have called on Congress to pass the act. The AFL-CIO and Ethics & Religious Liberty Commission of the Southern Baptist Convention have supported the Uyghur Forced Labor Prevention Act.[27][28][29] Sophie Richardson, the China director of Human Rights Watch, said in April 2020 that the bill was unprecedented and could put pressure on companies seen as having some sway with Chinese authorities.[30]

The president of the American Apparel & Footwear Association said that blanket import bans on cotton or other products from Xinjiang from such legislation would "wreak havoc" on legitimate supply chains in the apparel industry because Xinjiang cotton exports are often intermingled with cotton from other countries and there is no available origin-tracing technology for cotton fibers.[31] On September 22, 2020, the US Chamber of Commerce issued a letter stating that the act "would prove ineffective and may hinder efforts to prevent human rights abuses."[32] Major companies with supply chain ties to Xinjiang, including Apple Inc., Nike, Inc. and The Coca-Cola Company, have lobbied Congress to weaken the legislation and amend its provisions.[33]

See also

References
  1. Austin Ramzy (11 March 2020). "U.S. Lawmakers Propose Tough Limits on Imports from Xinjiang". New York Times. Archived from the original on 13 September 2020. Retrieved 13 September 2020.
  2. Austin Ramzy (11 March 2020). "U.S. Lawmakers Propose Tough Limits on Imports from Xinjiang". New York Times. Archived from the original on 13 September 2020. Retrieved 13 September 2020.
  3. Ann Strimov Durbin (26 June 2020). "Major advocacy victory! Uyghur Act signed into law". Jewish World Watch. Archived from the original on 23 September 2020. Retrieved 7 September 2020.
  4. "Roll Call 196: Bill Number: H. R. 6210". Clerk of the United States House of Representatives. September 22, 2020. Archived from the original on September 25, 2020. Retrieved September 23, 2020.
  5. Jia Zhaoxiang 贾兆祥 (15 July 2019). 新疆纺织服装产业发展的几点建议. The Institute of Economic Research of Xinjiang Development and Reform 新疆维吾尔自治区经济研究院 (in Chinese). Archived from the original on 13 September 2020. Retrieved 13 September 2020 – via Internet Archive.
  6. Han Lianchao (August 2019). Cotton: The Fabric Full of Lies. Citizen Power Initiatives for China. Archived from the original on 2020-09-29. Retrieved 2020-09-13.
  7. "HEARING: Forced Labor, Mass Internment, and Social Control in Xinjiang" (PDF). Congressional-Executive Commission on China. 17 October 2019. Archived (PDF) from the original on 12 September 2020. Retrieved 11 September 2020.
  8. Ana Nicolaci da Costa (13 November 2019). "Xinjiang cotton sparks concern over 'forced labour' claims". BBC. Archived from the original on 4 December 2019. Retrieved 13 September 2020.
  9. Elizabeth Paton, Austin Ramzy (10 August 2020). "Coalition Brings Pressure to End Forced Uighur Labor". New York Times. Archived from the original on 12 September 2020. Retrieved 13 September 2020.CS1 maint: uses authors parameter (link)
  10. huaxia, ed. (17 September 2020). "Full Text: Employment and Labor Rights in Xinjiang". Xinhua News Agency. Archived from the original on 20 September 2020. Retrieved 20 September 2020.
  11. "STATEMENT BY THE SUBCOMMITTEE ON INTERNATIONAL HUMAN RIGHTS CONCERNING THE HUMAN RIGHTS SITUATION OF UYGHURS AND OTHER TURKIC MUSLIMS IN XINJIANG, CHINA". Subcommittee on International Human Rights (SDIR) of the Canadian House of Commons Standing Committee on Foreign Affairs and International Development. 21 October 2020. Archived from the original on 24 October 2020. Retrieved 23 October 2020.
  12. Joshua Lipes (21 October 2020). "Canada's Parliament Labels China's Abuses in Xinjiang 'Genocide,' Urges Government Action". Radio Free Asia. Archived from the original on 24 October 2020. Retrieved 23 October 2020.
  13. "China slams Canada after report calls Uighur policy 'genocide'". Al Jazeera. 22 October 2020. Archived from the original on 24 October 2020. Retrieved 23 October 2020.
  14. "DHS Cracks Down on Goods Produced by China's State-Sponsored Forced Labor". Department of Homeland Security. 14 September 2020. Archived from the original on 19 September 2020. Retrieved 19 September 2020.
  15. "U.S. to block some imports from China's Xinjiang, still studying broad cotton, tomato bans-DHS". Reuters. 14 September 2020. Archived from the original on 29 September 2020. Retrieved 19 September 2020.
  16. Ben Fox (14 September 2020). "US halts imports from China's Uighur region for forced labor". Associated Press. Archived from the original on 17 September 2020. Retrieved 20 September 2020.
  17. Jilil Kashgary, Alim Seytoff, Joshua Lipes (2020-12-02). "US to Detain Cotton Imports Produced by Xinjiang Paramilitary Group, Citing Forced Labor Concerns". Radio Free Asia. Translated by Alim Seytoff. Archived from the original on 2 December 2020. Retrieved 10 December 2020.CS1 maint: multiple names: authors list (link)
  18. "Withhold Release Orders and Findings." USCBP. Retrieved January 6, 2021.
  19. "Commerce Department Adds Eleven Chinese Entities Implicated in Human Rights Abuses in Xinjiang to the Entity List." U.S. Department of Commerce. July 20, 2020. Retrieved January 6, 2021.
  20. https://www.forbes.com/sites/kenrapoza/2020/07/22/the-11-sanctioned-chinese-companies-what-they-sell-and-to-whom-they-sell-it/?sh=65945bfc47eb
  21. David Brunnstrom (11 March 2020). "U.S. lawmakers seek to tighten ban on forced-labor goods from China's Xinjiang". Reuters. Archived from the original on 4 September 2020. Retrieved 7 September 2020.
  22. Terry Glavin (9 September 2020). "Glavin: Don't show up at Black Lives Matter rallies in clothes made by slaves". Ottawa Citizen. Archived from the original on 29 September 2020. Retrieved 9 September 2020.
  23. Jen Kirby (28 July 2020). "Concentration camps and forced labor: China's repression of the Uighurs, explained". Vox. Archived from the original on 6 September 2020. Retrieved 7 September 2020.
  24. "USCIRF Welcomes Xinjiang Supply Chain Business Advisory". United States Commission on International Religious Freedom. 1 July 2020. Archived from the original on 31 July 2020. Retrieved 7 September 2020.
  25. Nury Turkel and James W. Carr (26 August 2020). "Was Your Face Mask Made Using Forced Labor in China?". The Diplomat. Archived from the original on 28 August 2020. Retrieved 7 September 2020.CS1 maint: uses authors parameter (link)
  26. Nury Turkel (8 June 2020). "The U.S. Must Use the New Uyghur Human Rights Policy Act to Sanction Chinese Officials for Religious Persecution". TIME. Archived from the original on 4 August 2020. Retrieved 7 September 2020.
  27. "AFL-CIO Supports Uyghur Forced Labor Prevention Act". AFL-CIO. 11 March 2020. Archived from the original on 19 September 2020. Retrieved 7 September 2020.
  28. Tom Strode (16 September 2020). "ERLC praises U.S. ban on Chinese imports". Kentucky Today. Archived from the original on 29 September 2020. Retrieved 20 September 2020.
  29. "ERLC supports Uyghur Forced Labor Prevention Act". Ethics & Religious Liberty Commission. 12 August 2020. Archived from the original on 20 September 2020. Retrieved 20 September 2020.
  30. Asim Kashgarian (8 April 2020). "Global Brands Wary Amid Reports of Forced Labor in China's Xinjiang". Voice of America. Archived from the original on 26 September 2020. Retrieved 7 September 2020.
  31. Lawder, David (September 17, 2020). "US ban on China's Xinjiang cotton 'would wreak havoc', leading apparel group says". Reuters. Archived from the original on September 22, 2020. Retrieved September 29, 2020.
  32. Neil L. Bradley (22 September 2020). "U.S. Chamber Letter on H.R. 6210, the "Uyghur Forced Labor Prevention Act," and H.R. 6270, the "Uyghur Forced Labor Disclosure Act of 2020"". US Chamber of Commerce. Retrieved 7 October 2020.
  33. Swanson, Ana (2020-11-29). "Nike and Coca-Cola Lobby Against Xinjiang Forced Labor Bill". The New York Times. ISSN 0362-4331. Retrieved 2020-11-30.
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