The U.S. government issued five withholding orders this week prohibiting the importation of products involving forced labor from five entities in Xinjiang. Labor rights groups have said that forced labor is widespread in Xinjiang and that a comprehensive ban on products from Xinjiang is necessary. Some members of Congress have urged that the Prevention of Forced Uighur Labor Act be passed as soon as possible and that a comprehensive ban on forced labor goods from Xinjiang be implemented.
U.S. Congressman Tom Suozzi, a Democrat, called for the speedy passage of the Prevention of Forced Uighur Labor Act at a House of Representatives hearing on Thursday (September 17).
He said, “The majority of the world’s cotton comes from China, and 84 percent of China’s cotton is produced in the Xinjiang region. We cannot allow this economic devastation and crimes against humanity to continue, and we must take strong action.”
In March of this year, Suozzi co-sponsored the bill in both chambers of Congress with Democratic Congressman Jim McGovern, Republican Senator Marco Rubio, Republican Congressman Chris Smith, and a dozen other members of Congress from across party lines.
The bill would impose a total ban on the importation of all products from Xinjiang, unless companies provide clear and convincing evidence that there is no forced labor in their supply chains. U.S. law already prohibits the importation of forced labor products, and the new bill goes further, assuming that all products made in Xinjiang involve forced labor.
The U.S. can’t verify each and every one of these through human or technical means, Suozzi said, but it’s the only way to get Beijing to change.
Labor rights groups support such a regional ban. Scott Nova, executive director of the Washington-based Worker Rights Consortium, said at the hearing that nearly all brands and retailers that sell cotton garments have supply chains that involve Xinjiang, and the only way they can ensure that no forced labor is used in their products is to cut off everything from Xinjiang to Xinjiang. Procurement.
He noted that because of the Chinese government’s extensive surveillance of Xinjiang, forced laborers may not tell the truth to corporate due diligence investigators for fear of reprisal, making it nearly impossible to get real results from investigations.
“The reality is that any factory, any farm in the Uighur region is at risk of forced labor. That’s why implementing a regional ban is necessary.” He told lawmakers on the House Appropriations Committee’s trade subcommittee.
Cathy Feingold, international director of the AFL-CIO, also said that a regional ban is necessary to address such human rights abuses.
On Monday, the U.S. Department of Homeland Security’s Customs and Border Protection (CBP) issued a temporary withholding order banning the importation of products made by five companies and entities in Xinjiang. Previously, there were reports that the U.S. government was preparing a broader ban on products such as cotton, cotton fabrics, and tomatoes from Xinjiang. But the order was not issued, and Reuters reports that Treasury and Agriculture Department officials and the U.S. Trade Representative have expressed concern that it could affect U.S. cotton exports to China and the first phase of the U.S.-China trade agreement.
Stephen Lamar, president and CEO of the American Apparel and Footwear Association, said the scale, scope and complexity of the forced labor problem in Xinjiang is “unprecedented” in modern supply chains, but expressed concern about a broader ban. He said at Thursday’s hearing that such a ban or bill would be disruptive to economic development and the legitimate supply chain itself, which has already been hit by the neo-crown epidemic around the world, and that the ban might not have the desired effect.
In prepared testimony, he said, “As a nation, we do not have the capacity to implement, fulfill, or enforce a temporary withholding order that would be comprehensive in its coverage. Given these restrictions, such a temporary withholding order would take several years to have the desired impact in China. Also, given China’s ability to move cotton to other markets, including its own large market, it is unlikely that a regional withholding order would have the desired effect of deterring the use of Uighur forced labor.”
He said the association’s members have a “zero tolerance” approach to forced labor, especially in China, and are asking their partners to strictly enforce the guidelines. He argued that enforceable withholding orders and other sanctions should be clear, targeted and transparent. He also called on the United States to work with its allies to apply pressure at the government level.
The American Apparel and Footwear Association (AAFA) and four other U.S. trade associations previously issued a joint statement saying they would develop and improve existing methods to enhance the screening, detection, and treatment of forced labor in the supply chain.
There is growing evidence that the Chinese government has placed millions of Muslims from Xinjiang, including Uighurs, in detention camps and forced them into production and labor. A report in early March of this year by the Australian Strategic Policy Institute, a think tank, estimated that between 2017 and 2019, more than 80,000 Uighurs were moved from Xinjiang to work in factories across China with limited freedom of movement. The factories reportedly involve 83 globally recognized brands, including Nike and H&M.
Swedish fashion and apparel brand H&M said Tuesday that it was terminating its cooperation with a Chinese yarn supplier due to concerns about forced labor. However, H&M said in a statement that it did not have any business with any garment factories in Xinjiang and no longer purchased cotton from Xinjiang.
The Australian Strategic Policy Institute reported in March that H&M had a partnership with Anhui Huafu Fashion Company’s factory, which benefited from a forced labor program. The color spinning company was listed as an entity by the U.S. Department of Commerce in May.
H&M said it has investigated all of the Chinese garment mills with which it has worked to ensure that no forced labor was involved.
U.S. Senator Josh Hawley tweeted on Thursday, urging Nike to do the same. Nike has previously said it no longer sends outsourcing orders to Xinjiang, and has begun an assessment of whether Chinese suppliers are employing Uighur forced labor.
China has denied the existence of internment camps, saying they are vocational and technical education centers designed to de-radicalize and help lift the region’s population out of poverty. China issued a white paper on Thursday saying that Xinjiang actively practices international labor and human rights standards and effectively protects workers’ rights.
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