World Uyghur Congress wins important Appeal Court case concerning cotton produced in Xinjiang

June 2024

The dreadful treatment of Uyghurs in Xinjiang province in China is well established and around one million of them are kept in 380 internment camps. They are also used as forced labour in the production of cotton and 85% of China’s cotton comes from this region. This cotton finds its way into western markets and is used to produce clothing on sale in UK shops and elsewhere.

The WUC tried to get the National Crime Agency to carry out an investigation which the declined to do saying that they needed details of specific contracts. This was overturned at the Appeal Court in what is being described as a ‘watershed moment‘ ([2024] EWCA Civ 715). The court said the decision by NCA was ‘illegal’. The cotton produced using forced labour infringes the Proceeds of Crime Act. This is the first successful action in the world and is being regarded as a landmark decision. If a company knowingly uses, or which they suspect to be using, forced labour, then a prosecution can be initiated under POCA.

Needless to say the Chinese are angry and the Chinese Embassy said it was ‘an enormous lie by anti-Chinese elements to smear China’. The problem for the Chinese is that it is a closed region and journalists are not allowed in. Footage that has emerged has been shot clandestinely. There seems little doubt however that the scale of the repression, the attempted destruction of the Uyghur culture including banning the language, and the demolition of hundreds of mosques, represents a major crime taking place in the twenty first century. It is variously described as a crime against humanity and genocide.

A lawyer from the Global Legal Action Network said ‘this litigation has been critical in recognising the mass atrocities being committed against Uyghur and other Turkic Muslim people by the Chinese government, and holding to account those complicit in, or profiting from, these crimes.’ Producers of clothes using Chinese cotton will now have to take extra care that it does not use forced labour. Major high street names are involved.

Sources: Binman’s, Reuters, The Guardian, Law Society Gazette