US expert criticizes EU ban on goods made by Uyghur forced labor

Earlier that day, the European Parliament and the EU Council reached a provisional agreement on new rules that ban products made using forced labor.

“National authorities or, if third countries are involved, the EU Commission, will investigate suspected use of forced labor in companies’ supply chains,” the EU press release read.

If the investigation proves the use of forced labor, the authorities can demand that the relevant goods be withdrawn from the EU market and online marketplaces and confiscate them at the borders.

While the normal goods can be donated, recycled, or destroyed, items of strategic importance to the EU may be “withheld until the company eliminates forced labor from its supply chains,” the press release said.

The bill needs to be approved by the European Parliament before being enforced in the European Union, RFA reported.

Zenz said that the banning of products made from Uyghur forced labor was questionable as the bill’s implementation relies on the EU Commission which had to investigate forced labor.

“Contrary to the American Uyghur Forced Labor Prevention Act (UFLPA), [the EU] did not reverse the burden of proof because the European Council refused that,” Zenz said.

“That means that the European Commission would have to somehow investigate the presence of Uyghur forced labor, which is not possible,” Zenz emphasized.

Zenz pointed out that the EU’s bill was weaker than the UFLPA.

“The American UFLPA can immediately seize goods, stop them from entering, whereas in the European case when an investigation is open, the goods can continue to flow into Europe,” Zenz said.

As of September 2023, the United States had blacklisted 27 companies as per UFLPA for their use of forced Uyghur labor.

The EU member states were afraid of the economic ramifications that they would have to face if they strongly counter forced labor, Zenz said.

“They're focused on other interests than on trying to systematically combat the situation in East Turkistan (Xinjiang)” Zenz said

China has imprisoned some 1.8 million Uyghurs in so-called “re-education camps,” since 2017.

The government has repeatedly claimed that the Uyghur detainees have received vocational training in various skills at these centers which have since been shut down, RFA reported.

Survivors and witnesses of these “re-education camps,” have said that the Uyghurs detained there have faced intense political indoctrination, abuse, rape, torture, and even death.

Western governments and rights groups have mounted consistent pressure on manufacturers to back off from East Turkistan (Xinjiang) which attained notoriety for the alleged persecution of Uyghurs.

In February 2024,German chemical manufacturing giant BASF announced its decision to pull out of its joint ventures in East Turkistan (Xinjiang).