The Author, Divyansh is a 2nd year law student at Amity University, Patna, Bihar.
Introduction:
The atrocities of Chinese government towards Uyghur Muslims is a persisting issue and has reached unprecedented levels in recent years. Uyghur communities are the Turkic Muslims residing in the northwest territory of an autonomous region named Xinjiang in China. Uyghur Muslims constitutes less than one percent of China’s population. Thousands of Uyghur Muslims in China face regular prosecutions pertinent to their religion. China has exploited the Uyghur minorities in recent years. The government of China has arbitrarily detained millions of Muslims including imams and have clamped their rights. Various schemes have been introduced to suppress them like the detention camps for the purpose to indoctrinate Uyghur Muslims and to disrupts their families. The government of China began implementing policing tactics and surveillance on Uyghur’s which made Xinjiang “the most heavily monitored place on the Earth”. Human Rights Organizations and foreign governments are urging China to stop the torture and abuses on Uyghur’s . The campaigns framed by the Chinese government violates China’s own constitution along with several other International treaties. But the question is Why China is detaining Uyghur Muslims? And what does China say about such camps.
“Chinese officials are of the view that Uyghur Muslims have separatist ideas and view camps as a way of eliminating threat to China’s population and its integrity”. Information concerning what is happening in such camps has been revealed by the detainees who fled from China. The detainees undergoes indoctrination and are forced to renounce Islam. People revealed that they were mentally tortured and subjected to sleep deprivation and sexual humiliation on Muslim women were the harsh realities. Children’s whose parents have been sent to detention camps had to live like orphanage. The government of China refuses to acknowledge their wrongdoings by recognizing them fake and says that camps are an effective tool to fight against terrorism and to teach vocational skills which do not infringe religious freedom. But the leaked images through drones revealed that thousands of handcuffed Uyghur prisoners are detained in such camps which clearly highlights the offensive act of the Chinese Government.
How China is violating the Human Rights Of the Uyghur Muslims:
The Chinese government persecuted the culture, religion and personal liberty of the Turkic Muslims which has been revealed by Sophie Richardson, director at china Human Rights Watch. In addition to pervasive restrictions on practicing Islam, there are end number of cases pertinent to forced Labour, home surveillance and destruction of cultural heritage like mosques. The right to religion is the fundamental right and Article 2 of the International Covenant on Economic, social and cultural rights prohibits the discrimination of religion, caste, race, color. Suppressing the culture and religion of Uyghur’s highlights the arduous act of China. Satellites and drones depicted the demolition of mosques and other religious places which have been replaced by constructing restaurants and bars. The concerted efforts of China has resulted in the dissolution of Uyghur’s culture. Men are not allowed to grow their beards and women aren’t allowed to wear hijabs. They are also prevented from performing religious burial rites, fasting during Ramadan and keeping Muslim names of their children. The surveillance in homes is the another infringement of the human rights of the minorities as few cadres are sent to the houses of Uyghur’s in Xinjiang for the purpose to indoctrinate Muslims and for infiltrating their lives. Maya Wang, china senior researcher at Human Rights revealed that the Muslim families are sleeping and eating under the watchful eye of the state in their homes. The families have no options to refuse them because if they denied entry to cadres, they can be imprisoned. There are heinous incidents of sexual assault with the female members of the family. The visits of the cadres lasts longer and their movements are scrutinized the whole time. Article 16 of the Universal Declaration Of Human Rights signifies that families are entitled to protection provided by the state. But the strict surveillance at their homes violates their privacy and family rights
More than 80,000 Uyghur Muslims are forced to work as labourers in the factories in the nine provinces of China under the surveillance and are subjected to cruel and inhumane treatment. They live in segregated dormitories with a fear and threat of arbitrary detention in case they deny to do the work assigned to them. Workers have reported being subjected to ideological trainings and abusive Labour practices in the factories. Reports showed that the workers are being exploited for overtime hours. Such offensive act can violate the provision of Article 23 of the Universal Declaration Of Human Rights which provides protection against forced Labour . The government is responsible for upholding the Labour rights of the workers . The authorities of China are taking heinous measures on Birth Control by suppressing the population of Uyghur Muslims unethically. The women in Xinjiang are subjected to forced sterilization and abortions and regular pregnancy checks. There is a decline in the birth rates of Uyghur minorities. Reports showed that Uyghur women are threatened to be thrown in internment camps in case they denied to abort pregnancies. Women in the camps revealed that they were given injections to stop their periods. Furthermore, reports also showed that women who had not exceeded birth quotas were forced to undergo sterilization procedures and were forcibly given intrauterine contraceptives. This leads us to the conclusion that the detrimental measures taken by the Chinese authorities directly falls within the definition of Convention on Prevention and Punishment of Crime of Genocide . The measures adopted by the authorities of China of Genocide seems to violate the provisions of International Law.
Tragic Failure Of International Communities to respond against the Genocide in Xinjiang :
The reports regarding the plight of Uyghur Muslims has acquired meaningful momentum in the public. Several Human Rights bodies have declared that the mass detention of Uyghur minorities constitutes Genocide. US has declared it one of the worst human rights crisis of our times. But the lack of response from the International communities is a tragedy. The suppression of Uyghur Muslims goes unacknowledged. Why the International communities have not intervened in China's internment of Muslims? The answer addresses the lack in the International legal Framework. Another reason is that as China is world’s second largest economic power and permanent member of Security Council so, it can veto any proposed resolutions and prevent it from taking actions. The International Criminal Court would be an alternative approach but can be problematic as well because the ICC (International Criminal Court) has its jurisdiction over specific crimes committed by state signatories or within the territory of state signatories. Furthermore, China is not a signatory. If ICC wants to prosecute crime in a non signatory , a resolution is required by the Security Council which seems onerous. Many steps were taken by the International Bodies but none of them had a noticeable impact on China.
The Islamic Nations are silent and have ignored the cries of Uyghur’s just because China has become a diplomatic partner of many Islamic nations and a top source for foreign investment in Malaysia. These nations do not want to risk their relation with China by criticizing the Chinese policies and have turned a blind eye on the sufferings of Uyghur due to the fear of political reprisal from China.
Malaysia:
On September 2020, a minister in the Prime Minister's office of Malaysia announced that the country will not extradite any Uyghur refugees back to China if any Uyghur Muslim flee to Malaysia for seeking protection even if there is any request from China. However, the government of Malaysia has decided not to interfere in China’s internal matters and has not condemned China for its policy publically. Though Malaysia is attempting fine walk between alienating its public and criticizing China’s policies but the strategies adopted by Malaysia carries risk and may affect the relationship with China .
Bahrain:
Bahrain is the second Islamic nation to condemn China on its treatment against Uyghur Muslims. The council of representatives of Manama showed concerns regarding Uyghur Muslim’s suppression of their religious faith, mass detention and torture. Bahrain also pleaded with the International communities to save the Muslim life in China.
Saudi Arabia:
Mohammad Bin Salman, the crown prince of Saudi Arabia defended China’s use of detention camps for Uyghur’s by stating that it is Beijing’s right. During a visit to China, the crown prince also said to Xi Jinping that China has the right to take anti terrorism measures for safeguarding the national security of the country. Also China a trade partner of Saudi Arabia and the countries signed 35 memorandums of understandings worth million dollars.
Turkey
Turkey has condemned and called out China's detention of Muslims and has asked to close such detention camps and to respect religious sentiments. In 2019, the Turkish foreign minister has urged China to make distinction between innocent people and terrorists. However in July 2019, after a state visit Turkey capitulated and gave its implicit support to Chinese policy. The last hope of the Islamic nations and the major opponent China’s Muslim oppression retreated into silence. Turkish President Erdogan said that all ethnicities in Xinjiang live a happy life which was reported by China Daily newspaper by paraphrasing the Turkish president
India’s Strategic Silence On China’s Policy:
India has maintained conspicuous silence on Uyghur issue. Being the world's largest democracy and a home of second largest Muslim population, India has hardly uttered a word against the torture on Uyghur minorities despite knowing the fact that China has always supported elements which were inimical to India. For example, China supported and backed Pakistan's effort in internalizing the Kashmir issue to the UN Security Council. China has been accused for carrying counterterrorism internally named Cultural Genocide. Also, China has supported terrorist activities in the Indian territory. Furthermore, Chinese officials passed a comment on the Citizenship Amendment Act passed by the Indian Parliament, suggesting the Laws of India could bolster separatism in China. Thus, China repeatedly sought a needle on India’s internal issues. These reasons are enough for India to take a proactive stand against the Genocide happening in Xinjiang. India decided to grant Visa to Uyghur dissident Dolkun Isa in 2016. But after some days of giving permission, the Indian government cancelled the Visa without any explanation under the pressure of China. Isa being the Chairman of World’s Uyghur Congress was due to attend a conference of Chinese dissidents in Dharamsala . Uyghur dissident felt disappointed by India's decision. By this cancellation, India lost an opportunity to take a proactive stand on the Uyghur minorities. Since China has been making saber rattling moves on the Sino Indian border, the lack of response from India is puzzling. Instead of appeasing Chinese policy, India can bolster its image by raising voice against the Uyghur genocide. If China would have taken modicum of consideration in India's internal matters then, maintaining neutrality on Uyghur issue would make sense.
Conclusion:
The world has condemned China’s unethical detention of Uyghur Muslims. China has been carrying repressive campaigns against Uyghur minorities. The concerns of widespread human rights abuses have escalated in recent years. Muslim life has been totally erased from Xinjiang. Many other countries has called on China to respect religious sentiments and fundamental rights by changing its policy in Xinjiang. Many Human Rights Organizations wants China to shut down such camps. The parliament of Canada and the department of United States concluded that the conduct and heinous torture on Uyghur’s constitutes genocide under International Law. Ensuring justice for grave crime and human rights violations is the prime duty of the state having jurisdiction over that area where crime is committed. There is a pressing need to take coordinated actions in the favour of minorities in Xinjiang. India should also join democratic nations and engage in the matter. The political leaders of India can issue statements condemning China’s brutal policy. India must provide an avenue for the Uyghur activists to raise their voice. Such an endeavor can result in positive repercussions. The liberal democracies of different countries along with India should factor Human Rights consideration with their trading arrangements and should be serious to take a principled approach against the incarceration of Uyghur Muslims in China.
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