OHCHR Human Rights Assessment on Xinjiang: Its Objectivity Questionable

On the 31’st day of August, 2022, the Office of the United Nations High Commissioner for Human Rights (hereinafter referred OHCHR) issued a document it titled the “OHCHR Assessment of human rights concerns in the Xinjiang Uyghur Autonomous Region, People’s Republic of China” which it sought to issue to the government of the People’s Republic of China.

A few hours after the OHCHR released the subject document, the Chinese Foreign Ministry spokesperson, Mr. Wang Wenbin, in a televised statement, referred to the OHCHR’s document as false, invalid, and rather another way of trying to punch down on the People’s Republic of China.

On the same day the OHCHR document was released, the permanent mission of the People’s Republic of China to the United Nations office at Geneva issued a counter document titled “Fight against terrorism and extremism in Xinjiang: Truth and Facts”, as a way of debunking the claims that had been cited by OHCHR. Someone with an interested in International Relations would therefore term the unfolding of these events as interesting, but also telling.

The Xinjiang question has been a global talk for a long time now. China’s critics especially some West led by the U.S have in recent months been citing Xinjiang to launch attacks against Beijing.

However, in the same spirit, the claims of diminishing transparency by the United Nations High Commissioner for Human Rights office are equally piling up. As to credibility therefore, there’s growing retraction of the same in many people.

The question of human rights raises eyebrows, and often has unsettling repercussions when global actors get involved. This makes the subject fragile and calls for conclusive care to detail when dealing with claims. Among the objectives of OHCHR is to speak out objectively in the face of human rights violations worldwide. In dispensing the cited objective, the OHCHR is required to act in a way that isn’t influenced by any opinions, or partisan. Whether the OHCHR was objective in its assessment, is to be answered by its very report and arguably, by asking ourselves why is OHCHR not investigating other human rights violations where the US is mentioned?

The fact that OHCHR released its Xinjiang report against advice of more than 60 countries and close to 100 non-governmental organizations that sent a joint letter to OHCHR opposing its release among others reasoning OHCHR office was being politicized, this should ring warning bells!

China, has consistently maintained that the OHCHR has overtime been swayed to Western interests, specifically the United States of America, than to the collective interests of the rest of its members. Some of the OHCHR actions to suggest so, have in recent years been tested with the incidents in claims of human rights abuse by US led coalition forces in Afghanistan, Iraq, NATO led forces in Libya among others. Also, claims of untold human rights violation by US forces in foreign prisons and detention centers such as in Guantanomo Bay cannot be ignored. Also, OHCHR has been silent when it comes to open secret of apartheid and occupational Israel forces in Palestine’s Gaza. In this case we can ask: OHCHR is well aware of said claims. Why are they silent with no single official investigation done in said areas if they are neutral? Cob web of politics? Has OHCHR become so political that it only carries investigations with political lenses? These questions cannot be ignored especially that China is clearly accusing OHCHR of being politically influenced by Washington and some Western capitals.

In 2019, the US angrily announced it was revoking and or denying visas to International Criminal Court prosecutors involved in investigating actions of alleged US troops crimes against humanity in Afghanistan. Then US secretary of State Mike Pompeo further threatened that Washington would take further steps like economic sanctions should ICC go ahead with its investigations.

Further, in the OHCHR’s report, the word “may” was repeatedly used. The auxiliary verb ‘may’ is often used interchangeably with ‘might’, which directs to uncertainty. The OHCHR was consistent with using the said word with most of the key claims of human rights violations by the China. Human Rights violation claims are so contentious that such claims on an international scale can spur unprecedented consequences. The OHCHR made a case of uncertainty, that even the said office, wasn’t sure of the claims they cited.

In the wake of modern terrorism, it’s important that each society establishes practical measures to curb the terrorist activities. The struggle against terrorism become more challenging when the alleged terrorist are on domestic soil. The OHCHR’s Assessment is typical of playing global politics, an ideology it’s not bound to take part.

It has come off to play the religious oppression card to advance anti-China agenda, arguably to control China’s growing global influence. China has consistently showed a revolutionary method of curbing extremism in which it has established Vocational training and education centers in Xinjiang, where some of the culprits are taken through a reasonable time to overturn the dangerous mentality before being reintroduced into society with life changing positive skills.

As president Obama once observed, in a 2001 issue of the Hyde Park Herald, where he described terrorism as “tragedy,” “most often, though, it grows out of a climate of poverty and ignorance, helplessness and despair… [W]e will have to devote far more attention to the monumental task of raising the hopes and prospects of embittered children across the globe…” Therefore, China devoting more by establishing re-education centres to address extremism should not be politicised.

Therefore, condemning China for introducing re-education centres is a keen to being incentive to the tragedies experienced in counties of Urumqi (2009), Shache (2014), Baicheng (2015), Luntai (2014), Shanshan (2013), Moyu (2016), among others.

It’s indeed an appreciated tenet of International Human Rights Law for countries to observe legally and demonstrably justifiable human rights limitation practices as they encounter threats. But while the OHCHR drafted its report to which it isn’t certain of the truthfulness of its allegations evidenced by constant use of the word “may”, it was important to objectively, as one of its objectives suggestions, to seek out the national interest successes met by China during its fight against extremism. Going forward, perhaps OHCHR will have to revisit its modus operandi and seek out to show its riddled transparency in execution of its duties, otherwise, this leaves OHCHR’s impartiality including its Xinjiang report questionable in eyes right thinking people.

Alan Collins Mpewo, is a Lawyer and a Research Fellow, Sino-Uganda Research Centre.

Is OHCHR Human Rights Report on China’s Xinjiang Political?

On Wednesday 31st, the Office of the High Commissioner for Human Rights (OHCHR) released a report in which it accused China of violating human rights of minorities in China’s Xinjiang region. The 45-page report, particularly singled out Uyghur Muslims as victims of its so-called “crimes against humanity.”

China rejected the report arguing it was a plot by the United States (US) and some other anti-China forces in the West to spread anti-China sentiments. Wang Wenbin, the Chinese Foreign Ministry spokesperson told press that OHCHR’s report is “totally illegal and invalid,” stressing that “the report is a hodgepodge of misinformation, a political tool used by the West to push its strategy of ‘using Xinjiang to contain China.’”

China has always maintained that there are no rights violation in the region but rather re-education and de-radicalization centres for purposes of countering extremism. Beijing argues that in centres, people are equipped with vocational skills to help them in their daily lives to avert possibility of being lured into committing crimes.

Studies have indicated that on individual level, poverty and terrorism have connections.

President George W. Bush on March 22, 2002, while in Monterrey, Mexico was very clear on this stressing that, “we fight against poverty because hope is an answer to terror.”

Also, commenting on September 11th terror attack, then Senator Barack Obama in a Sept. 19, 2001 issue of the Hyde Park Herald, emphasised connection between poverty and terrorism. Describing terrorism as “tragedy,” Obama explained “most often, though, it grows out of a climate of poverty and ignorance, helplessness and despair. … [W]e will have to devote far more attention to the monumental task of raising the hopes and prospects of embittered children across the globe…,” wrote Obama.

As a president, in his may 2012 address in which he outlined counterterrorism efforts, Obama again showed coloration between poverty and terrorism. “Foreign assistance cannot be viewed as charity.  It is fundamental to our national security and it’s fundamental to any sensible long-term strategy to battle extremism,” Obama argued. He stressed that such aid, would create “reservoirs of goodwill that marginalize extremists.”

This view is also backed by three prominent German economists at University of Freiburg. Sarah Brockhoff, Tim Krieger and Daniel Meierrieks in their country-level analysis paper “Ties that do not Bind (Directly): The Education-Terrorism Nexus Revisited” found evidence that “education may fuel terrorist activity in the presence of poor political and socio-economic conditions, whereas better education in combination with favorable conditions decreases terrorism.”

With that mind, China’s side that the now closed centres were not for rights violations as China’s critics claim but rather re-education centres meant to help in countering terrorism by equipping people in Xinjiang with necessary skills for successful lives holds.

While the report criticises China for alleged violations of minorities’ human rights, this arguably contradicts words of OHCHR commissioner Michelle Bachelet who shortly after her official visit to Xinjiang region, addressed the media on May 28 2022 and acknowledged that “Violent acts of extremism have a terrible, serious impact on the lives of victims, including those tasked to protect the community.”

Bachelet also praised China’s “Poverty alleviation and the eradication of extreme poverty, 10 years ahead of its target date, are tremendous achievements of China. The introduction of universal health care and almost universal unemployment insurance scheme go a long way in ensuring protection of the right to health and broader social and economic rights.” It is therefore strange that the country Bachelet acknowledged to be making progress in upholding human rights less than 4 months ago is the same country she is accusing.

This way, one cannot ignore China’s concerns that OHCHR report is a political tool used by the West to push its strategy of ‘using Xinjiang to contain China’.

Chinese government statistics indicate that Xinjiang has registered steady development socially and economically. Aware that this has been largely achieved through re-education centres, it is not far-fetched to connect OHCHR Xinjiang report to political games in some western capitals.

Indeed, before OHCHR released its report, more than 60 countries and close to 100 non-governmental organizations sent a joint letter to the office of the OHCHR explaining they were opposed to its release giving reasons among others that OHCHR office was being politicized.

China’s 2020 national census revealed that Xinjiang’s Uygur Autonomous population has been steadily rising in the past seven decades with the region’s population standing at 25.85 million. Of this, ethnic minorities’ population is 14.9 million while the Han ethnic group population was 10.9 million.

In health sector, the people of Xinjiang continue to enjoy long life expectancy. For example, in 2019, life expectancy in Xinjiang jumped from 7.3 years recorded in 2000 to 74.7.

Also, infant mortality rate or the mortality of children bellow five years reduced. Maternal mortality rate reduced from 55.5 per 1,000, 65.4 per 1,000, and 161.4 per 100,000 in 2000 to 6.75 per 1,000, 10.91 per 1,000, and 17.89 per 100,000 in 2020.

In education, the number of those attaining education in Xinjiang region is above that of national. Going by 2020 national census, the average of schooling for persons of 15 and above grew from 9.27 years reported in 2010 to 10.11 years in 2020. This is higher than national average figures which stood at 9.91.

If we compare this with 2010 figures, the number of people with university education rose from 10,613 to 16,536 per 100,000 persons. Those with high school education rose from 11,669 to 13,208.

Within the ethnic Uygur population, figure of people attaining education are also encouraging.  The 2020 national census figures indicated, 8,944 per 100,000 Uygurs had received a university education. This is an increase of 6,540 from the year 2000. The average years in education for those aged 15 and above also grew from 7.06 to 9.19.

With such facts, it really becomes difficulty to simply ignore China’s rejection of OHCHR Xinjiang report branding it political. Sadly, such circumstances leave OHCHR with less trust from international community.

To bring back its trust in the international community, the OHCHR should also investigate and publish reports on claims of arbitrary arrests in foreign prions like Guantanamo Bay where it is alleged that the US holds suspects in dehumanizing conditions. Also, reports raised by Wikileaks founder Julian Assange in which he accused the US and allies of committing crimes against humanity should be investigated and reports made public. OHCHR should also actively call for unconditional release of Assange who the US is accusing of revealing their secrets which many human rights activists say is US’ retaliation against Assange who exposed US’ alleged crimes against humanity.

Allawi Ssemanda is a senior research Fellow at Sino-Uganda Research Centre.

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