September 25th, 2023
Justice for All Canada acknowledges the critical human rights violations detailed in a new report from the UN special rapporteur on contemporary forms of slavery, Tomoya Obokata. We urge the Government of Canada to take the UN report’s findings seriously and prioritize strengthening measures to combat Uyghur forced labour. In light of the recent findings, immediate action must be taken to address these critical concerns related to business and human rights, particularly in legislation like Bill S-211 and the import ban.
Our organization had the privilege of meeting and participating in discussions with the Special Rapporteur during his visit to Canada and consultation with stakeholders. Together with local community advocates, we contributed to the comprehensive assessment of slavery and forced labour within Canada. Following the UN report launch, we further thank Members of Parliament, including MP Heather McPherson, MP John McKay, and MP Arnold Viersen, for each highlighting critical components of Canada’s involvement in Uyghur exploitation and mistreatment in East Turkestan (Xinjiang).
“Special Rapporteur Obokata’s research reiterates the urgent need for action in addressing the exploitation of Uyghur forced labour and our responsibility to improve legislation in the fight against modern slavery in Canada,” said Taha Ghayyur, Executive Director of Justice For All Canada.
Although Canada participated in global initiatives like Alliance 8.7 and the passing of Bill S-211 to help address this issue, greater effectiveness is required in implementing these legal measures. The government amended the Customs Tariff Act in 2020 to prohibit the importation of goods tainted with forced labour. Despite this, the Canada Border Services Agency (CBSA) has yet to seize any products.
Between October 2020 and September 2021, the United States intercepted over 1,400 shipments manufactured under coercive conditions. In contrast, Canadian border enforcement has only seized a single shipment discovered in Quebec. According to trade experts, Canada is placing a lower priority on its commitment to prevent such shipments from entering the country.
Bill S-211, set to take effect in 2024, imposes reporting obligations on certain Canadian companies to prevent them from facilitating forced labour imports into Canada. Justice For All Canada has pointed out significant challenges associated with self-reporting and a lack of a monitoring mechanism for businesses. This is highly relevant in the context of the mistreatment and exploitation of vulnerable populations under genocide, particularly Uyghur Muslims.
According to credible reports, China’s communist government has detained Uyghurs, subjected them to coercive labour conditions, separated them from their communities, and relocated them to distant fields and factories, far from their families. Restrictions on access to East Turkestan make it difficult to verify instances of forced labour directly. However, the Uyghur diaspora has presented substantial evidence, drawing from their personal experiences and testimonies of relatives and community members, that systemic forced labour is occurring.
Justice for All Canada continues pressing the Canadian government to enforce mandatory human rights due diligence for Canadian companies and robust penalty regimes for non-compliance with Bill S-211. The following approach is vital to ensure transparency and accountability within supply chains;
Justice for All Canada acknowledges the critical human rights violations detailed in a new report from the UN special rapporteur on contemporary forms of slavery, Tomoya Obokata. We urge the Government of Canada to take the UN report’s findings seriously and prioritize strengthening measures to combat Uyghur forced labour. In light of the recent findings, immediate action must be taken to address these critical concerns related to business and human rights, particularly in legislation like Bill S-211 and the import ban.
Our organization had the privilege of meeting and participating in discussions with the Special Rapporteur during his visit to Canada and consultation with stakeholders. Together with local community advocates, we contributed to the comprehensive assessment of slavery and forced labour within Canada. Following the UN report launch, we further thank Members of Parliament, including MP Heather McPherson, MP John McKay, and MP Arnold Viersen, for each highlighting critical components of Canada’s involvement in Uyghur exploitation and mistreatment in East Turkestan (Xinjiang).
“Special Rapporteur Obokata’s research reiterates the urgent need for action in addressing the exploitation of Uyghur forced labour and our responsibility to improve legislation in the fight against modern slavery in Canada,” said Taha Ghayyur, Executive Director of Justice For All Canada.
Although Canada participated in global initiatives like Alliance 8.7 and the passing of Bill S-211 to help address this issue, greater effectiveness is required in implementing these legal measures. The government amended the Customs Tariff Act in 2020 to prohibit the importation of goods tainted with forced labour. Despite this, the Canada Border Services Agency (CBSA) has yet to seize any products.
Between October 2020 and September 2021, the United States intercepted over 1,400 shipments manufactured under coercive conditions. In contrast, Canadian border enforcement has only seized a single shipment discovered in Quebec. According to trade experts, Canada is placing a lower priority on its commitment to prevent such shipments from entering the country.
Bill S-211, set to take effect in 2024, imposes reporting obligations on certain Canadian companies to prevent them from facilitating forced labour imports into Canada. Justice For All Canada has pointed out significant challenges associated with self-reporting and a lack of a monitoring mechanism for businesses. This is highly relevant in the context of the mistreatment and exploitation of vulnerable populations under genocide, particularly Uyghur Muslims.
According to credible reports, China’s communist government has detained Uyghurs, subjected them to coercive labour conditions, separated them from their communities, and relocated them to distant fields and factories, far from their families. Restrictions on access to East Turkestan make it difficult to verify instances of forced labour directly. However, the Uyghur diaspora has presented substantial evidence, drawing from their personal experiences and testimonies of relatives and community members, that systemic forced labour is occurring.
Justice for All Canada continues pressing the Canadian government to enforce mandatory human rights due diligence for Canadian companies and robust penalty regimes for non-compliance with Bill S-211. The following approach is vital to ensure transparency and accountability within supply chains;
- Resource Allocation: We urge the government to allocate adequate resources for the effective implementation of both the import ban and Bill S-211, ensuring robust inspection mechanisms are in place.
- Clear Guidance: Clear and comprehensive guidance must be provided to all stakeholders involved in implementing Bill S-211. This includes businesses, government agencies, and civil society organizations.
- Expanding Ombudsperson's Role: To enhance accountability and transparency, we recommend expanding the mandate of the CORE to encompass all sectors. Additionally, grant this office the necessary powers to compel companies to provide evidence, cooperate, and ensure its complete independence from government influence.
- Strengthen Import Ban: The regime of the import ban should be fortified with increased resources allocated for inspections. This will help effectively identify and prevent goods produced through forced labour imported to Canada.
- Enhanced Due Diligence: Consider implementing mandatory human rights due diligence for businesses. This would promote responsible business conduct and ensure companies take concrete measures to prevent, address, and remedy human rights abuses.
- Support for SMEs: Provide financial and logistical support or incentives, mainly aimed at small and medium-sized enterprises (SMEs), to facilitate the effective implementation of human rights due diligence. This will encourage responsible business practices across the board.