Wednesday, August 5, 2020

Forced Uyghur labour in China: Getting the World attention now

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Syed Ahmed Uzair

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Forced Uyghur labour in China: Getting the World attention now

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Global Views 360

Publication Date

August 5, 2020

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Mihrigul Tursun, former detainee at Uyghur mass internment camps in China, testifying in Washington

Mihrigul Tursun, former detainee at Uyghur mass internment camps in China, testifying in Washington | Source:    D.A. Peterson via Wikimedia

Since 2017 nearly a million ethnic minorities, mostly Uyghur Muslims from the far Western region of the Xinjiang province of China, have been put in  detention centres. The detainees in these camps are forced to renounce their faith and, in some instances, have been subjected to torture.

The Chinese government has termed the program as a combat against “religious extremism” even as it detains members of ethnic minorities from the region and sends them to the so-called “re-education camps”. The experts however believe that these people have been thrust into a systematic program of cultural genocide.

This campaign now appears to be proceeding towards a new direction wherein the Uyghur detainees are being shipped across the country for forced labour in factories.

As per the government officials, these “trainees” have all “graduated” and are being given employment in the form of factory labour to lead a better life. While China has made this their sole criteria to defend the program, there is mounting evidence that suggests that the Uyghurs are being subjected to forced labour and are not allowed to visit their families in Xinjiang.

According to a report by the Australian Strategic Policy Institute, the Uyghurs have been moved under a labour scheme known as Xinjiang aid to factories across the country straight from the detention centers. Many of these factories are a part of the supply chain network for well-renowned brands such as Apple, Nike, and Dell.

At the factories the workers are forced to live in separate rooms and are required to take Mandarin lessons under heavy surveillance. They are not allowed to leave their jobs and go back to their families in Xinjiang either.

John Oliver, host of popular US TV show “Last Week Tonight” recently aired an episode wherein he talked about the Uyghurs. “If this is the first time that you’re hearing about an estimated million people who’ve been held in detention camps – mostly Uighurs but also Kazakhs and other ethnic minorities – you are not alone. And it’s probably because China has done its level best to keep this story from getting out,” says Oliver.

John Oliver further said, “While there is clearly nothing new about horrific practices being hidden deep within the supply chain of global capitalism, what is happening to the Uighurs is particularly appalling”.

Despite China’s attempts at keeping the entire crackdown private, more and more horrifying details have come out in the open about the atrocities meted out to the Uyghurs via testimonies from former detainees.

This has led to an increased pressure on China as well as the big brands utilizing the Chinese supply chain network, to cut ties with factories where human rights are being violated under this Uyghur crackdown.

The US has restricted 11 Chinese companies from buying American goods due to claims of them being linked to the Xinjiang region. A coalition of over 180 organizations also called out dozens of clothing brands and retailers for links to the Xinjiang crackdown and forced Uyghur labour.

While some companies like PVH, the owner of brands like Calvin Klein and Tommy Hilfiger are working on reducing their presence in the Xinjiang region’s supply chain network others like Big W, a discount department store chain operated by Australia's Woolworths group acknowledged that some of their products might be unintentionally coming from the regions of Xinjiang province.

Companies like Nike, Puma, and Adidas have however continued to deny allegations of links to factories with forced Uyghur labour completely. In their statement Nike said, "We have confirmed with our contract suppliers that they are not using textiles or spun yarn from the region."

With the increasing spotlight on the Chinese government’s repressive activities,  international pressure is increasing on the business groups which depend on China for supply change, to come clean on any link of their vendors with Uyghur forced labour. There might be some hope, even if very little, for the plight of the Chinese Uyghurs after all.

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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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