Directs the Secretary of State to submit to Congress a public determination whether the practice of forced labor or other human rights abuses targeting Uyghurs and other Muslim minorities in the XUAR constitute crimes against humanity or genocide, and directs the Secretary to develop a diplomatic strategy to address forced labor in the XUAR;
I will work to require the Secretary of State to determine whether abuses against Uyghurs and other Muslim minorities in Xinjiang constitute crimes against humanity or genocide and develop a diplomatic strategy to address forced labor there.
Occurrences
Evidence
H.R. 1155 was introduced by Mr. McGovern on February 18, 2021. Section 6 required the Secretary of State to determine whether forced labor or other crimes against Uyghurs, Kazakhs, Kyrgyz, and other Muslim minorities in Xinjiang constituted crimes against humanity or genocide. Section 7 required a diplomatic strategy to address forced labor in Xinjiang.
The House vote page lists Roll Call 412 on H.R. 1155, Uyghur Forced Labor Prevention Act, with status Passed and a vote of 428 yeas to 1 nay.
Section 4 of Public Law 117-78 requires the Secretary of State to submit a report containing a U.S. strategy to enhance international awareness of and address forced labor in Xinjiang, including bilateral and multilateral coordination and public diplomacy efforts.
The statute establishes U.S. policy to lead international efforts to end forced labor and to address gross human-rights violations in Xinjiang through diplomatic channels, sanctions, export restrictions, and import controls.
The public law identifies H.R. 6256 and its legislative history: considered and passed by the House on December 14, 2021 and by the Senate on December 16, 2021.
H.R. 6210 was introduced by Mr. McGovern on March 11, 2020. Sections 5 and 6 required a State Department atrocities determination and a strategy to address forced labor in Xinjiang.
Axios reported that Secretary of State Mike Pompeo determined China’s campaign against Uyghurs and other Muslim minorities in Xinjiang constituted genocide and crimes against humanity, citing mass internment, forced labor, and forced sterilization.
Axios reported that Sen. Marco Rubio and Rep. Jim McGovern reached a compromise on final Uyghur Forced Labor Prevention Act text, and that the House unanimously passed the bill before final Senate approval and presidential signature.
Assessments
McGovern introduced and advanced legislation that closely matched the promise, including a State Department crimes-against-humanity/genocide determination and a diplomatic strategy on Xinjiang forced labor. The enacted Uyghur Forced Labor Prevention Act delivered the diplomatic-strategy and forced-labor response portions during his continued House service, and reporting ties him to the compromise bill. However, the final enacted text did not include the explicit requirement that the Secretary of State make the genocide/crimes-against-humanity determination, even though the Secretary separately made such a determination in January 2021. Because a core statutory requirement was omitted while substantial parts of the promised outcome were enacted with McGovern's contribution, partial credit is appropriate.