The Times Australia
The Times News

.

With the US now calling China's treatment of the Uyghurs 'genocide', how should NZ respond?

  • Written by Alexander Gillespie, Professor of Law, University of Waikato
With the US now calling China's treatment of the Uyghurs 'genocide', how should NZ respond?

New Zealand has a strong history of protecting and promoting human rights[1] at home and internationally, and prides itself on being an outspoken critic and global leader in this area. So, when the most serious accusation of human rights abuse — genocide — is made of one of its friends, how to respond?

This is precisely the situation now regarding China.

One of the final acts of the Trump administration was to bequest to incoming president Joe Biden the formal assertion that China had committed genocide[2] against the predominantly Muslim Uyghurs and other ethnic and religious minorities in the Xinjiang region.

This would be a difficult position to reverse for Biden, even if he wanted to, although it appears the new administration has no such intention. Biden’s nominee as Secretary of State, Anthony Blinken, is also[3] calling China’s Uyghur policy “genocide”.

In response to the Trump initiative, China sanctioned 28 “lying and cheating[4]” Trump officials, labelling the accusation a “bold faced lie[5]”.

But for now, the US has taken the lead on the issue. Canada came close[6] but backed away from any formal finding of genocide. Britain, while also expressing concern, avoided labelling the “utterly abhorrent[7]” treatment of the Uyghurs as genocide.

Read more: China is building a global coalition of human rights violators to defend its record in Xinjiang – what is its endgame?[8]

Australia is also avoiding the description, but is leaving the door open to introducing penalties for Australian companies[9] that source products made using forced labour in Xinjiang.

Defining genocide

New Zealand is now under pressure[10] to make a stand and to endorse the use of the term genocide to describe China’s treatment of the Uyghurs.

But there is good reason why nations are cautious when it comes to such accusations. In law, genocide is strictly defined[11] as the “intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.

This can involve killing members of the group, causing serious bodily or mental harm to its members, or deliberately inflicting conditions of life calculated to bring about its total or partial physical destruction.

Genocide can also be committed by imposing measures intended to prevent births within a group, and/or forcibly transferring children to another group.

The crime is specifically prohibited by the Genocide Convention, framed after the horrors of the Holocaust during WWII. It later became one of the core crimes the International Criminal Court (ICC[12]) would focus on.

While China is accused of actions that would seem to meet the definition, the problem is gathering the evidence.

The burden of proof

Despite the assertions of the outgoing Trump administration, the situation in China is complicated by the lack of reputable, non-partisan, independent verification of human rights violations.

Furthermore, independent verification is easier said than done, especially given China’s footwork in international law, and the reluctance of other countries to criticise its human rights record.

That support for China has included allowing friendly countries to visit the disputed areas[13] and report back reassuringly that there is no Uyghur problem.

In October last year, those countries also helped elect China for a new term[14] on the UN Human Rights Council — effectively allowing Beijing to block the likeliest avenue for challenging its Uyghur policies.

Read more: Explainer: who are the Uyghurs and why is the Chinese government detaining them?[15]

The second possible route, via the ICC, has also come to nothing because the court has refused to entertain the charge[16], on the grounds the alleged acts happened in China, which is not a signatory to the ICC.

Thirdly, the International Court of Justice is unlikely to resolve the dispute under the Genocide Convention; although China is a signatory, it has registered a “reservation” and “does not consider itself bound[17]” by the relevant article.

An alternative strategy

Given these obstacles, what should New Zealand do? Rather than making pronouncements about genocide, the most effective response would involve trying to establish the substance of the US assertions, at the same time as giving China a chance to make its case and clear its name.

A pathway to achieve this emerged in June last year when 50 UN independent experts, driven by multiple human rights concerns, called for decisive measures[18] to protect fundamental freedoms in China. Echoed by 321 civil society groups, they recommended an independent international mechanism[19] to focus on China’s alleged human rights violations.

The independent experts pointed out that, unlike more than 120 other states, the Chinese government (which has signed most of the key human rights treaties[20]) has not issued a standing invitation to independent UN experts to conduct official visits.

Read more: China must not shape the future of human rights at the UN[21]

Rather, despite many requests over the past decade, China has permitted only five visits to investigate rights involving food, discrimination against women and girls, foreign debt, extreme poverty and older people.

New Zealand should strongly support, publicly and diplomatically, and help in any way it can, China becoming more transparent and improving its credibility on human rights. This would involve inviting independent observers with the status and mandate to monitor civil and political rights, roam freely and speak to anyone, and report what they find.

China may find such proposals challenging, but they are better than being accused of genocide. Not to accept a compromise will only amplify diplomatic, economic and military tensions with the US and its Five Eyes[22] security allies.

Only independent assessment by mandated experts can prove China is compliant with its existing international commitments to protect the human rights of all its citizens — and, if so, whether the US assertion of genocide is wrong or right.

References

  1. ^ protecting and promoting human rights (www.mfat.govt.nz)
  2. ^ committed genocide (2017-2021.state.gov)
  3. ^ also (www.usatoday.com)
  4. ^ lying and cheating (www.theguardian.com)
  5. ^ bold faced lie (www.theguardian.com)
  6. ^ came close (www.cbc.ca)
  7. ^ utterly abhorrent (www.politico.eu)
  8. ^ China is building a global coalition of human rights violators to defend its record in Xinjiang – what is its endgame? (theconversation.com)
  9. ^ Australian companies (www.afr.com)
  10. ^ under pressure (www.newshub.co.nz)
  11. ^ strictly defined (www.un.org)
  12. ^ ICC (www.icc-cpi.int)
  13. ^ visit the disputed areas (www.reuters.com)
  14. ^ elect China for a new term (www.reuters.com)
  15. ^ Explainer: who are the Uyghurs and why is the Chinese government detaining them? (theconversation.com)
  16. ^ refused to entertain the charge (www.washingtonpost.com)
  17. ^ does not consider itself bound (treaties.un.org)
  18. ^ called for decisive measures (www.ohchr.org)
  19. ^ independent international mechanism (www.hrw.org)
  20. ^ key human rights treaties (tbinternet.ohchr.org)
  21. ^ China must not shape the future of human rights at the UN (theconversation.com)
  22. ^ Five Eyes (www.gcsb.govt.nz)

Read more https://theconversation.com/with-the-us-now-calling-chinas-treatment-of-the-uyghurs-genocide-how-should-nz-respond-153717

Times Magazine

Choosing the Right Legal Aid Lawyer in Sutherland Shire: Key Considerations

Legal aid services play an essential role in ensuring access to justice for all. For people in the Sutherland Shire who may not have the financial means to pay for private legal assistance, legal aid ensures that everyone has access to representa...

Watercolor vs. Oil vs. Digital: Which Medium Fits Your Pet's Personality?

When it comes to immortalizing your pet’s unique personality in art, choosing the right medium is essential. Each artistic medium, whether watercolor, oil, or digital, has distinct qualities that can bring out the spirit of your furry friend in dif...

DIY Is In: How Aussie Parents Are Redefining Birthday Parties

When planning his daughter’s birthday, Rich opted for a DIY approach, inspired by her love for drawing maps and giving clues. Their weekend tradition of hiding treats at home sparked the idea, and with a pirate ship playground already chosen as t...

When Touchscreens Turn Temperamental: What to Do Before You Panic

When your touchscreen starts acting up, ignoring taps, registering phantom touches, or freezing entirely, it can feel like your entire setup is falling apart. Before you rush to replace the device, it’s worth taking a deep breath and exploring what c...

Why Social Media Marketing Matters for Businesses in Australia

Today social media is a big part of daily life. All over Australia people use Facebook, Instagram, TikTok , LinkedIn and Twitter to stay connected, share updates and find new ideas. For businesses this means a great chance to reach new customers and...

Building an AI-First Culture in Your Company

AI isn't just something to think about anymore - it's becoming part of how we live and work, whether we like it or not. At the office, it definitely helps us move faster. But here's the thing: just using tools like ChatGPT or plugging AI into your wo...

The Times Features

From Farms to Festivals: How Regional NSW Is Repurposing Shipping Containers

Regional NSW communities are repurposing containers for farms, tourism, and events Farmers and small businesses use them as cost-effective, flexible infrastructure Festivals ...

What a Mobile Speech Pathologist Really Does for Late Talkers

As a parent, it’s natural to keep a close eye on your child’s development. When your toddler isn’t using as many words as their peers, the internet can feel like a rabbit hole ...

Benefits of Tree Pruning for a Thriving Australian Garden

Tree pruning is an essential aspect of garden maintenance that often doesn't get the attention it deserves. It's a practice that involves the selective removal of certain parts...

What is psychosocial therapy? And why is the government thinking about adding it to Medicare for kids?

The government is considering new, bulk-billed health checks for three-year-olds, to pick up developmental concerns and refer kids that might need additional support. The de...

Detect Hidden Water Leaks Fast: Don’t Ignore Hot Water System Leaks

Detecting water leaks early is crucial for preventing extensive damage to your home. Among the various parts of a home’s plumbing system, hot water systems are particularly suscept...

Why do hamstring injuries happen so often and how can they be prevented?

In a recent clash against the Melbourne Storm, the Brisbane Broncos endured a nightmare rarely seen in professional sport — three players tore their hamstrings[1] in a single g...