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Background as reported to the House of Commons Library

The Uyghur Tribunal is an unofficial body that examined claims of human rights abuses and crimes against humanity reportedly committed against the Uyghur people by China in its Xinjiang province. The Tribunal has no legal powers. Its hearings were held at Church House in London.

The Tribunal was chaired by Sir Geoffrey Nice QC, a barrister who has served as a part-time judge and worked at the International Criminal Tribunal for the Former Yugoslavia between 1998 and 2006 and led the prosecution of Slobodan Milošević, former President of Serbia.

The Tribunal started its work in September 2020, and published a judgment in December 2021.

The Tribunal’s judgment (PDF download) found evidence that China had detained “hundreds of thousands of Uyghurs – with some estimates well in excess of a million without any, or any remotely sufficient, reason and subjected [them] to acts of unconscionable cruelty, depravity and inhumanity”.

The judgment stated that torture of Uyghurs “attributable to the PRC [Peoples’ Republic of China] is established beyond reasonable doubt”. It also said that crimes against humanity attributable to the PRC “is established beyond reasonable doubt” by acts of: “deportation or forcible transfer; imprisonment or other severe deprivation of physical liberty; torture; rape and other sexual violence; enforced sterilisation; persecution; enforced disappearance; and other inhumane acts”.

On the subject of genocide, the Tribunal’s judgment emphasised the difficulty of assessing what legal standards should apply, and how such standards interact with public understanding of the phrase. However, they conclude that:

On the basis of evidence heard in public, the Tribunal is satisfied beyond reasonable doubt that the PRC, by the imposition of measures to prevent births intended to destroy a significant part of the Uyghurs in Xinjiang as such, has committed genocide.

The evidence the Tribunal reported of birth-prevention measures included enforced abortions, the removal of wombs against women’s will, the killing of babies immediately after birth and mass enforced sterilisation through the insertion of IUD devices that were only removable by surgical means.

The judgment reported evidence of reduced birth-rates particularly in indigenous Uyghur counties: across the 29 counties with indigenous-majority populations for which we have 2019 or 2020 data, the birth-rate has fallen by 58.5% from the 2011-15 baseline average. In those counties that are over 90% indigenous, the birth-rate fell at an even greater rate, showing a 66.3% decrease in 2019-20.

The Tribunal found however, that “there is no evidence of organised mass killings”.

In March 2021, the Chinese state imposed sanctions on nine UK citizens, including five MPs and Sir Geoffrey Nice, and several UK-based organisations, including the Uyghur Tribunal.

In September 2021, in a press conference the Chinese Ambassador to the UK, Zheng Zeguang, described the Tribunal as “nothing but a farce carried out by a small number anti-China elements”. Mr Zheng further dismissed the evidence presented to the Tribunal and the witnesses, saying:

Its so-called “evidence” is nothing but sheer lies and disinformation. Its so-called “experts” are rumour mongers who have long engaged in slandering China. And the so-called “witnesses” the organisers have put together are merely actors who have been making up the so-called “persecution” that never happened at all.

The Ambassador dismissed claims of genocide as “absurd”, stating that in “the past 40 years, the population of Uygurs in Xinjiang has increased from 5.55 million to 11.6 million”

He said that “Xinjiang-related issues have nothing to do with human rights, ethnic groups or religions, but everything to do with fighting terrorism, separatism and extremism”, that the “Vocational Education and Training Centres in Xinjiang are absolutely not “concentration camps”, but preventative and de-radicalisation measures”. Adding that “in nature, they are no different from the Desistance and Disengagement Programme (DDP) of the UK or the de-radicalisation centres in France”.

On 10 December, the day the Tribunal published its findings, a spokesperson for China’s UK Embassy said the Tribunal was “nothing but a political tool used by a few anti-China and separatist elements to deceive and mislead the public”, describing it conclusions as “mere clumsy shows staged by anti-China elements for their self-entertainment”; adding “anyone with conscience and reason will not be deceived or fooled”.

In June 2021, a group of U.N. independent experts expressed their concerns at allegations of organ harvesting carried out on minority groups including Falun Gong practitioners, Uyghurs, Tibetans, Muslims and Christians, in detention in China.  

According to the statement, the experts, including Mr. Fernand de Varennes, Special Rapporteur on minority issues; Mr. Ahmed Shaheed, Special Rapporteur on freedom of religion or belief; Mr. Nils Melzer, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, received “credible information that detainees from ethnic, linguistic or religious minorities may be forcibly subjected to blood tests and organ examinations such as ultrasound and x-rays, without their informed consent; while other prisoners are not required to undergo such examinations. The results of the examinations are reportedly registered in a database of living organ sources that facilitates organ allocation.”

The statement further indicated that “according to the allegations received, the most common organs removed from the prisoners are reportedly hearts, kidneys, livers, corneas and, less commonly, parts of livers. This form of trafficking with a medical nature allegedly involves health sector professionals, including surgeons, anesthetists and other medical specialists.” 

This is not the first time that the U.N. has raised the issue of organ harvesting in China. Indeed, similar concerns were raised by the U.N. with the Chinese Government in 2006 and 2007, however, without any, or any adequate response. 

Similarly, the issue of organ harvesting was considered by an inquiry, the so-called China Tribunal. On June 17, 2019, the China Tribunal, released a 60-page long summary of its judgment, finding that crimes against humanity had been committed, as defined in Article 7 of the Rome Statute. 

This included murder, extermination, imprisonment or other severe deprivation of physical liberty, torture, rape or any other form of sexual violence, persecution on racial, national, ethnic, cultural or religious grounds that are universally recognized as impermissible under international law.