How Congress Is Trying to Fight Against Uyghur Forced Labor

WASHINGTON — For many, the Uyghur crisis is a distant problem, but to Jewher Ilham, it’s personal. In 2013, her father, Ilham Tohti, an economics Uyghur scholar, was arrested at the Beijing airport as they both prepared to travel to the United States for Tohti’s fellowship at Indiana University.

Being 18 at the time, Ilham was not considered a threat to the Chinese government, so authorities released her.

“Even though I didn’t want to leave my father, he forced me to go on the plane,” Ilham told ReligionUnplugged.com. “He said, ‘Take this chance because this might be your last chance to be free.’”

Barely speaking English and unable to safely return home, Ilham began a new life in Bloomington, Indiana. Nine years later, she continues to advocate for her father’s release from prison by testifying before the U.S. Congressional-Executive Committee on China, writing op-eds in publications like The New York Times and recounting her experiences in a book titled “Jewher Ilham: A Uyghur’s Fight to Free Her Father.”

“The genocide is affecting millions of workers not only in our homeland but also here in the diaspora where there are victims of transnational repression,” Ilham shared on a panel at the 2022 International Religious Freedom summit in Washington.

An estimated 1 in 5 cotton garments on the global market is tainted by forced labor, according to Adrian Zenz, a senior fellow at the Victims of Communism Memorial Foundation, and about 800,000 to 2 million Uyghurs and other ethnic minorities are detained in reeducation camps. Leaked documents and eye-witness reports reveal that this is an ongoing genocide by the Chinese government, systematically oppressing and exploiting the Uyghur community.

Apart from working long hours with little to no pay and undergoing abuse, the prisoners have limited communication with family members. Textiles, thread and yarn, hair products and tomato products are some of the goods Uyghurs produce in these heavily-monitored factories.

Ilham explained that while it is important to spread awareness of the oppression Uyghurs face, “awareness must be translated into action.”

Panelists at International Religious Freedom Uyghur Forced Labor discussion (left to right): Sarah Teich, international human rights lawyer; Babur Ilchi, program director of Campaign for Uyghurs; Haley Byrd-Wilt, associate editor at The Dispatch; Michael Sobolik, fellow in Indo-Pacific studies at American Foreign Policy Council; Jewher Ilham, Forced Labor Project coordinator.

Congress combats Uyghur forced labor

In December 2021, Congress adopted the Uyghur Forced Labor Prevention Act with strong bipartisan support. With a vote of 428-1 in the House, it was later adopted by unanimous consent in the Senate. The legislation, which came into effect on June 21, assumes that “any goods, wares, articles and merchandise mined, produced or manufactured wholly or in part” from Xinjiang have been tainted by forced labor unless proven innocent. Importers are required to confirm that there is no instance of Uyghur forced labor in their supply chains.

In a press release, Secretary of Homeland Security Alejandro N. Mayorkas emphasized the department’s commitment to combat “inhumane and exploitative practices while ensuring that legitimate goods can enter our ports” for American businesses and consumers.

The Forced Labor Enforcement Task Force has issued guidance instructing companies on how to conduct human rights due diligence and supply chain tracing. This is to ensure that goods were not produced with forced labor.

In 2019, direct imports from Xinjiang total about $300 million. The Center for Strategic and International Studies reports that while only about 0.01% of total goods come from the region, raw materials and components produced by Uyghurs are integrated into products in other parts of China or transshipped via other countries before arriving at American ports. The Department of Homeland Security is targeting four high-risk sectors of goods; these include apparel, cotton, tomatoes and polysilicon.  

Beyond the legislation

Speaking on the International Religious Freedom panel, U.S. Ambassador Sam Brownback wholeheartedly backed the legislation, emphasizing that it is “strongly and deeply rooted in connection with religious freedom” since the lives of Uyghurs are being threatened in part for being a religious minority.

Ambassador Sam Brownback speaks at the opening of the Uyghur Forced Labor Prevention Act panel discussion.

Efforts to end forced labor in Xinjiang are complicated since the exports from this region are far-reaching. Although the United States is a destination for many Uyghur-produced items, there are other markets for these goods domestically and internationally. Russia, Germany, Poland, the Netherlands and France all receive significant shipments from Xinjiang.

The Campaign for Uyghurs program director Babur Ilchi shared that while the UFLPA is a step in the right direction, if similar legislation is not enforced in other countries, “the supply chains are just going to get diverted.”

Canada-based international human rights lawyer Sarah Tiech noted that goods banned in the United States are simply rerouted via Canada, which has a free trade agreement with Washington. Tiech also stated that the checking capacity of goods is lacking. In 2021, while 1,400 products had been turned away from U.S. borders, the figure in Canada was only one.

All the panelists emphasized that the effectiveness of Uyghur Forced Labor Prevention Act largely depends on the global community practicing supply chain transparency to ensure human rights violations are not linked to commerce and holding companies accountable.

Deborah Laker is an editorial fellow for ReligionUnplugged.com. She graduated with degrees in journalism and political science from Oral Roberts University.