The Jamestown Foundation, a US-based thinktank, has raised concerns over alleged forced abortion and sterilisation of Uyghur women by Chinese authorities. As a result of this report, human rights activists have called for an investigation into a potential genocide. This mass-sterilisation claim follows numerous allegations of mass surveillance, human rights violations, and the detainment of Uyghurs in re-education camps based on their Muslim minority status. 

POPULATION GROWTH SUPPRESSION IN XINJIANG

Central to the report are the findings of German researcher Dr. Adrian Zenz, a leading expert on the Uyghur population. It relies on a combination of regional data, policy documents, and interviews with women who had formerly been in internment camps.  The report revealed attempts by Chinese officials to curb the population growth of ethnic minorities in the Xinyang region, including through forced abortions.

In 2015, China implemented the two-child policy nationwide to offset the disproportionate sex-ratio and aging workforce caused by the previous one-child policy. However, the research found that the birth control campaign in the Xinjiang region was instituted against both women who exceeded the two-child quota and refused to abort, as well as many women who had less than that limit. The treatment of Uyghur women varies vastly in comparison to that of Han majority women who are being encouraged to have more children.

Formerly detained Uyghur women reported experiences ranging from sterilisation surgeries to injections to stop periods. The report further exposed that the forced insertion of IUDs (a form of birth control) in Xinjiang had increased by nearly 60 percent between 2014 -2018.  In contrast, nationwide use of IUDs had fallen. Across Xinjiang, birth rates fell by about 24 percent in 2019 in comparison to the nationwide average of 4.2 percent.  Population growth rates in the two largest Uyghur prefectures also plummeted massively by 84 percent between 2015 and 2018 and declining further in 2019. 

THE CRIME OF GENOCIDE AND A CASE FOR THE UYGHURS

Dr Zenz concluded that his findings “raise serious concerns as to whether Beijing’s policies in Xinjiang represent, in fundamental respects, what might be characterized as a demographic campaign of genocide per the text of Section D, Article II of the U.N. Convention on the Prevention and Punishment of the Crime of Genocide.”

Genocide requires the dual elements of an “intent to destroy, in whole or in part, a national, ethnical, racial or religious group " and a physical component. Zenz proposes that the Uyghurs’ situation falls under “imposing measures intended to prevent births within the group” that targets the structure of the group’s population in preventing reproduction.  

A genocide may occur in peaceful situations, although it is uncommon. Most situations recognised as genocides, such as the Holocaust and the Rwandan genocide, have occurred during armed conflict and relied upon physical elements of killing members of the group or causing serious physical or mental bodily harm.  Still, an alleged genocide of the Uyghurs through preventing reproduction would require further investigation. It will also have to deal with multifaceted elements from the birth control campaigns to the wider context of the re-education camps.

A claim of genocide could be brought before the International Court of Justice by a state or group of states against China for breach of an erga omnes obligation (an obligation owed to the international community as a whole). In addition, the International Criminal Court (ICC) has the mandate to investigate and possibly try specific individuals charged with the greatest crimes of concern to the international community, such as genocide. However, the ICC will most likely be unable to exercise jurisdiction as China is neither a party to its founding statute, nor are any of the physical elements of the alleged genocide or their consequences within the territory of an ICC state party. 

RESPONSE OF THE INTERNATIONAL COMMUNITY

The Inter-Parliamentary Alliance in China (IPAC), an international body of cross-party legislators aimed at reforming how democratic countries approach China, stated that it will push for political action as to the legal determination of the alleged atrocities. Asking their respective governments to support a UN General Assembly resolution to push for such investigation. Such investigation is critical to lay the foundation for future claims in international tribunals.

Activist group World Uyghur Congress also issued a press release stating that the report provides evidence that the Chinese Communist Party (CCP) may be committing genocide against the Uyghurs. 

Beijing continues to uphold that these allegations, as with past ones on dehumanising treatment of ethnic minorities, are false. Foreign Ministry spokesman Zhao Lijian stated that “some institutions are bent on cooking up disinformation on Xinjiang-related issues. ... Their allegations are simply groundless and false.”

Osi is a final year student of International law and Globalisation (LLB) at the University of Birmingham with a year at the National University of Singapore. She previously served as a Co-chair for her university's Free Legal Advice Group. She is an aspiring diplomat interested in women's rights, international trade, and international environment law.

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