What has just happened?
The High court has been looking to put forward an amendment that stops the UK signing trade deals with states that have been found guilty of committing genocide. The House of Lords All-Party genocide Amendment has recently hit the house commons and has been defeated by a small vote margin of 11.
'The UK could still sign a trade deal with a state committing genocide...This amendment puts that right'.[1]
What does this mean?
The genocide amendment will return to The House of Lords. There is evidently a clear divide on this issue and many politicians as well as activists are infuriated by the result. Lord Alton for the House of lords states
"The fight does not end here. We will continue to do all we can to ensure that Uighurs and other victims of alleged genocides have a route to justice through the UK courts".[2]
This comes at a crucial time in world politics with Europe recently signing a trade deal with China and possible influx of refugees from Hong-Kong. The UK has an interesting position to take in this matter that could help to enforce justice on leaders of countries who have been committing human rights violations for years. However as we loom from the aftermath of Brexit could we have power to influence Europe’s standpoint on human rights violation? Or should we follow in their foot steps and intertwine human rights regulation into the very fabric of the trade deals?
'A majority block in the European parliament had previously demanded from the Commission to develop a firm policy to end forced labour in China'.[3]
The legal Impact?
The amendment comes arguably at a difficult time and implies that power of government decisions on trade should be over ruled by the high court. Helena Kennedy, the Labor peer and human rights lawyer suggests a revision to be beneficial and important:
" I know that colleagues across all parties will not accept the loopholes in our existing systems which allow perpetrators of genocide to escape with impunity. The work to bring an improved amendment to the House of lords begins immediately."[4]
The courts and human rights lawyers are recognizing the weight of further issues with China and are pushing for these matters to be prepared for. One of many important considerations is the influx of dissidents escaping Hong-Kong that would need a high amount of legal support to avoid unfair imprisonment and bullying from the authorities they have fled from.
'Those who have already arrived include two whom Hong Kong authorities have put on an international police wanted list for "inciting secession" and "collusion" with foreign powers.'[5]
This amendment, will also start paving a way for UK courts to prove human rights atrocities concerning the Xinjiang Uighurs, and will greatly help in providing them refuge and future safety within the UK as well as in America who have almost simultaneously acknowledged the issue,
' Todays state department determination makes the U.S. the first country in the world to officially recognize China's actions as constituting genocide and crimes against humanity...China will begin to face a louder backlash at the United Nations.' [6]
This is a powerful standpoint and hopefully with America and the UK in alignment, the United Nations will take notice. This will help to allow for important work in defending these victims of oppression and unfair legal enforcement loop holes.
There is a specific consideration currently of China, and their treatment of the Uighur Muslims. Whilst the vote for the proposal was ongoing, the US Government formally declared that China was committing genocide in the repression of the Uighur Muslims. There is hope that this announcement will embolden MP’s to vote in favour of the proposal the next time this vote occurs.
Concerning China specifically, there are limited ways for them to be held accountable, as International Courts aren’t recognised in States like China, and therefore this proposal would be a way for countries like, and including, the UK to hold them accountable by refusal of trade deals.
However, Trade Minister Greg Hands did note that “no-one would benefit because the UK currently has no free trade deal with China”[7] although note ‘currently’.
In many countries where there are concerns of genocide, international courts are blocked. Tom Tungendhat said, “international courts are blocked, so this is a way for the British people to take back control of our laws and conscience”.[8]
Written by Nadia Sbai
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References
[1] Lord David Alton, 'Genocide Trade Deals' (Twitter,19 January2021) accessed 19 January2021 <https://twitter.com/davidaltonhl?lang=en>
[2] Lord David Alton, 'UK free to make trade deals with genocidal regimes after Commons Vote' (The Guardian January 19 2021), accessed 19 January 2021 <https://amp-theguardian-com.cdn.ampproject.org/v/s/amp.theguardian.com
[3] Marian Willuhn, 'EU-China comprehensive agreement', January 13 2021, accessed 19 January 2021, https://www.pv-magazine.com/2021/01/13eu-china-comprehensive-agreement-investment-opens-manufacturing-options-dodges-forced-labor-issues/
[4] Helena Kennedy, 'UK free to make trade deals with genocidal regimes after Commons Vote' (The Guardian January 19 2021) accessed 19 January 2021 <https://amp-theguardian-com.cdn.ampproject.org/v/s/amp.theguardian.com
[5] Emma Graham-Harrison, 'The fight for Hong Kong' (The Guardian September29 2020) accessed 19 January 2021, https://www.theguardian.com/world/2020/sep/29/the-new-centre-of-dissent-britain-becomes-hub-for-hong-kong-activists
[6] Jimmy Quin, 'The US officially recognizes China's Uyghur Genocide' (National Review, 19 January 2021) https://www-national-review.com.cdn.ampproject.org/v/s/www.nationalreview.com/
[7] IBID [3]
[8] IBID [4]
Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.