1. Strengthening Implementation of the Uyghur Forced Labor Prevention Act
- Author:
- Olivia Enos
- Publication Date:
- 05-2024
- Content Type:
- Policy Brief
- Institution:
- Hudson Institute
- Abstract:
- Since 2017, the Chinese Communist Party (CCP) has carried out a comprehensive campaign against the Uyghurs, a Muslim minority group predominately based in Xinjiang, China. Beijing is holding an estimated 1.8 million Uyghurs in political reeducation camps, subjecting more than 3 million to some form of forced labor, and seeking to reduce the Uyghur population through forced abortions and sterilizations. Because of this and other evidence, the United States issued an atrocity determination declaring that Uyghurs face ongoing genocide and crimes against humanity. The atrocity determination was incredibly important as it spurred follow-on action from the US and other governments. The passage of the Uyghur Forced Labor Prevention Act (UFLPA) was one of the more powerful actions following the US determination. The UFLPA created a “rebuttable presumption” stating that the government would bar all goods produced “wholly or in part” with Uyghur forced labor from entering US markets. The UFLPA was signed into law in December 2021 and enforcement provisions went into effect in June 2022. Now, more than two years after its passage, trendlines are emerging, and policymakers can now evaluate the law’s effectiveness and ascertain new means for mitigating Uyghur forced labor. The CCP has not stopped targeting Uyghurs, and in fact has subjected even more of them to forced labor. Today, the CCP operates what some analysts believe is the largest state-sponsored forced labor program in the world. Given the CCP’s ongoing exploitation, the onus is on the US and the international community to curtail this egregious practice. At a minimum, democratic leaders need to ensure that citizens of the free world are not inadvertently supporting the continuation of these abuses. For the UFLPA to be maximally effective, Washington should complement it with comprehensive sanctions implementation and a secondary sanctions regime that targets entities aiding and abetting in the CCP’s enslavement of Uyghurs. Moreover, other countries need to close their markets to goods produced with Uyghur forced labor. To that end, the US and other countries can coordinate better to implement strong measures similar to the UFLPA. Perpetrators of Uyghur forced labor need to pay financially for their crimes through fines and forfeiture. Finally, the US should offer financial remedies to help survivors of the CCP’s ongoing genocide and crimes against humanity. While the UFLPA was a notable development in the fight against Uyghur forced labor, more has to be done to ensure the end of Uyghur forced labor. The international community needs to join together to hold the CCP accountable and protect Uyghur rights.
- Topic:
- Legislation, Chinese Communist Party (CCP), Uyghurs, Freedom of Religion, Forced Labor, and Implementation
- Political Geography:
- China, Asia, and United States of America