OHCHR Assessment of human rights concerns in the Xinjiang Uyghur Autonomous Region, People’s Republic of China 31 August 2022

OHCHR Assessment of human rights concerns in the Xinjiang Uyghur Autonomous Region, People’s Republic of China 

31 August 2022 2 

Contents Page I.

 Introduction........................................................................................................................................ 1-3

 II. Background.......................................................................................................................................

. 3-5 III. China’s legal and policy framework on countering terrorism and “extremism” .............................. 

5-6 A. Clarity and scope of concepts of “terrorism” and “extremism”................................................

6-8 B. Methodologies applied to identify suspects and “at risk” persons............................................

8-9 C. Scope and nature of responses to alleged “terrorist” or “extremist” conduct ........................... 

9-10 D. Breadth of preventive, investigative and coercive powers, and degree of oversight and redress............................................................................................................. 

10-11 IV. Imprisonment and other forms of deprivation of liberty .................................................................. 

11 A. Referrals to “Vocational Education and Training Centres” ...................................................... 

12-18 B. Detention through the criminal justice system.......................................................................... 

18-21 V. Conditions and treatment in “Vocational Education and Training Centres”..................................... 

21-25 VI. Other human rights concerns............................................................................................................. 

25 A. Religious, cultural and linguistic identity and expression ........................................................ 

25-30 B. Rights to privacy and freedom of movement ........................................................................... 

30-32 C. Reproductive rights .................................................................................................................. 

32-36 D. Employment and labour issues.................................................................................................. 

36-40 VII. Issues of family separation and reprisals .......................................................................................... 

40 A. Family separations and enforced disappearances...................................................................... 

40-42 B. Intimidations, threats and reprisals............................................................................................ 

42-43 VIII. Overall assessment and recommendations ........................................................................................ 

43-45 Appendix 1 

I. Introduction 

1. In late 2017, the Office of the UN High Commissioner for Human Rights (OHCHR) began receiving increasing allegations by various civil society groups that members of the Uyghur and other predominantly Muslim ethnic minority communities1 were missing or had disappeared in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China (hereafter “XUAR” and “China”). 

In 2018, the UN Working Group on Enforced or Involuntary Disappearances reported a “dramatic” increase in cases from XUAR “with the introduction of “re-education” camps in the Xinjiang Uighur Autonomous Region by the Government of China”.

2 Numerous research and investigative reports published since that time by a diverse range of non-governmental organizations, think-tanks and media outlets – as well as public accounts by victims – have alleged arbitrary detention on a broad scale in so-called “camps”, as well as claims of torture and other ill-treatment, including sexual violence, and forced labour, among others. 

3 2. During its review of China’s periodic report in August 2018, the UN Committee on the Elimination of Racial Discrimination expressed alarm over numerous reports of the detention of large numbers of ethnic Uyghurs and other Muslim minorities, under the pretext of countering religious extremism in XUAR. 

4 The Government stated that “vocational training centres exist for people who had committed “minor offences.”

5 In subsequent policy papers, the Government has presented such centres as part of its strategies to counter terrorism and to prevent or counter “extremism” in XUAR, while at the same time contributing to development, job creation and poverty alleviation in the region.

6 3. In light of the breadth and gravity of the allegations, and the nature of information received, OHCHR has sought access to XUAR to verify claims since 2018.

7 In parallel, and further to its global mandate under General Assembly resolution 48/141 and within existing resources, OHCHR has continued to monitor the situation and assess the allegations, including by reviewing and critically analysing publicly available official documentation, as well as research material, satellite imagery and other open-source information, examining their origin, credibility, weight and reliability in line with standard OHCHR methodology. 

Throughout OHCHR’s review, particular attention was given to official Government documentation and information, including laws, policies, statistical data, court decisions, and official statements and White Papers made public by the Government, as well as a number of other documents that are in the public domain and which OHCHR has assessed as highly 

1 In addition to Uyghurs, this refers to ethnic Kazakhs, Kyrgyz, Uzbeks and Huis. Further in this report the term “Uyghurs and other predominantly Muslim minorities” will be used as a shorthand. The Office is mindful, however, that there are non-Muslim members of these communities and that people from other groups may have also been affected by some of the policies discussed in this report. 

2 See Communications, cases examined, observations and other activities conducted by the Working Group on Enforced or Involuntary Disappearances, 115th session. Annex I, General Allegations, A/HRC/WGEID/115/1, 16 August 2018; Annual report to the Human Rights Council of the Working Group on Enforced and Involuntary Disappearances, 30 July 2018, A/HRC/39/46, para. 88 and annex I. 

3 For a list of articles and media pieces on the situation in XUAR, see “Bibliography of Select News Reports & Academic Works”, compiled by M. Fiskesjö, available at: Bibliography - Uyghur Human Rights Project (uhrp.org); public victim accounts are available on the Xinjiang Victims Database: www.shahit.biz. 

4 Concluding Observations on the combined fourteenth to seventeenth periodic reports of China (including Hong Kong, China and Macao, China), CERD/C/CHN/CO/14-17, para, 40(a), 19 September 2018. 

5 Ibid. 

6 White Paper on “Vocational Education and Training in Xinjiang” (original document in English). The State Council, 17 August 2019. 

7 OHCHR, Opening statement and global update of human rights concerns by then UN High Commissioner for Human Rights, Zeid Ra'ad Al Hussein at 38th session of the UN Human Rights Council (18 June 2018). 2 likely to be authentic based on strong indicia of official character. 

8 OHCHR has also closely studied information presented by the Government, including in the context of its reviews before the UN human rights treaty bodies and in response to UN Special Procedures communications, 

9 and examined material submitted to it by academic and other institutions inside China.

10 4. As part of an ongoing process of dialogue, on 17 March 2021, OHCHR formally submitted to the Permanent Mission of China to the United Nations in Geneva a request for specific sets of information, detailing various areas of particular interest, including official data, based on its review of the material up to that stage, but did not receive formal response. On 19 July 2021, OHCHR further proposed a meeting with relevant Government officials to discuss the applicable legal framework as it pertains to counter-terrorism and the prevention and countering of “extremism” in XUAR. 

11 5. By way of supplement to the extensive body of documentation, OHCHR also conducted, in accordance with its standard practice and methodology, 40 in-depth interviews with individuals with direct and first-hand knowledge of the situation in XUAR (24 women and 16 men; 23 Uyghur, 16 ethnic Kazakh, 1 ethnic Kyrgyz). Twenty-six of the interviewees stated they had been either detained or had worked in various facilities across XUAR since 2016. In each case, OHCHR assessed the reliability and credibility of these persons, the veracity of the information conveyed, and its coherence with information obtained from other sources. 

12 Securing interviews posed significant challenges. Most of the interviews were conducted remotely for COVID-related and/or security reasons. Further to the “do no harm” 

8 The latter pertains in particular to a range of documents that form part of the so-called “China Cables”, the “Xinjiang Papers”, the “Karakax List”, the “Urumqi Police database” and, most recently, the “Xinjiang Police Files”, which in whole or in part have been made public by various media outlets and researchers or have been made available to OHCHR. For a number of these documents, OHCHR was able to take steps to verify their authenticity, resulting in assessment that they are highly likely to be authentic and therefore could be credibly relied upon in support of other information. For others, such verification was not possible, even if OHCHR has no counter-indication that these documents would be inauthentic. OHCHR has not relied on any of these documents as a sole source to make any findings. In this assessment, reference to such documents is included where its content comports with that from other sources of information. 

9 See Government’s reply of 16 December 2019 to the Joint Other Letter by a group of Special Procedures of the Human rights Council, JOL CHN 18/2019; Comments on the effect and application of the Counter-Terrorism Law of the People’s Republic of China (Counter-Terrorism Law) promulgated on 27 December 2015 effective as of 1 January 2016 and its Regional Implementing Measures, the 2016 Xinjiang Uyghur Autonomous Region Implementing Measures of the CounterTerrorism Law of the People's Republic of China, sent on 1 November 2019; Government reply of 8 December 2019 to the Joint Urgent Appeal by a group of Special Procedures of the Human Rights Council JUA CHN 21/2019, concerning the situation of Mr. Tashpolat Tiyip, 2 October 2019; Government reply of 23 November 2020 to the Joint Allegation Letter JAL CHN 14/2020, concerns about allegations of use of surveillance to monitor, track, and ultimately detain persons who belong to Muslim minorities in China, 7 July 2020; Government reply of 13 October 2021 to Joint Allegation Letter JAL CHN 18/2020, concerns about allegations of forced labour in the context of Vocational Education Training Centres, 12 March 2021 and Government reply of 23 May 2021 to the Joint Allegation Letter JAL CHN 21/2020, concerns about allegations of arbitrary detention, ill-treatment as well as of gender-based violence against Ms. Gulbakhar Jalilova, 10 February 2020. 

10 This includes a list submitted on 27 July 2021 of thirteen press conferences held by Chinese officials on the situation in XUAR, explaining different sets of measures and achievements relating to security, development, poverty alleviation, family planning, birth rates, labour and employment, as well as five documentaries providing additional perspectives. OHCHR further received numerous submissions, including from research institutes and organizations based in XUAR and attended numerous side events organised by the Permanent Mission of the People’s Republic of China in Geneva. 

11 A follow-up note was sent on 3 September 2021, indicating in detail areas for clarification. 

12 Over one third of the 40 interviewees had either not been interviewed by others, or had been interviewed in the past by researchers, civil society or journalists, but opted not to publicly share their experience prior to speaking to OHCHR. Where the assessment quotes directly from an account of an interviewee, OHCHR has accepted the statement as assessed and described to be truthful and relevant, unless stated otherwise. Direct references to specific statements in the report should not be taken as an indication that it was the sole basis of judgment in relation to the issues under analysis. These direct references and citations were included to provide an example or illustration. 3 principle, additional measures were taken in accordance with standard OHCHR practice to enhance protection of persons providing information. 6. The assessment contained in this document is based on China’s obligations under international human rights law, contained principally in the human rights treaties to which China is a State Party, in particular the Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention on the Rights of the Child (CRC), the International Covenant on Economic, Social and Cultural Rights (CESCR) and the Convention on the Rights of Persons with Disabilities (CRPD). China has also signed, though not yet ratified, the International Covenant on Civil and Political Rights (ICCPR). As a result, it is obliged as a matter of law to refrain from any acts that would defeat the object and purpose of this treaty.

13 Additionally, China is bound by human rights norms accepted as constituting customary international law, notably with respect to the right to life, the prohibition of discrimination based on race, religion or sex, and the right to freedom of religion.

14 Moreover, some human rights norms are also considered to constitute jus cogens or peremptory norms of international law, accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted under any circumstances. These include the prohibitions of arbitrary deprivation of life, torture, slavery, arbitrary detention, racial discrimination, and the commission of international crimes including crimes against humanity.

15 Finally, OHCHR considered standards contained in United Nations instruments on counter-terrorism and the prevention and countering of violent extremism, as well as the International Labour Organization’s labour rights conventions.

16 7. The assessment was shared with the Government for factual comments, as per standard OHCHR practice. The Government’s response, further to its request, is annexed to this report. 8. Separately, the Government extended an invitation to the High Commissioner to visit China in September 2018. Owing to the COVID-19 pandemic and the need to discuss the parameters of such a visit, agreement for the visit was only reached in March 2022. As part of her visit, it was agreed with the Government of China that the High Commissioner would also visit XUAR, following deployment of an advance team to prepare for her visit, which took place in April and May 2022