The UK Court of Appeal recently ruled that the refusal by the UK National Crime Agency (NCA) to investigate the importation of cotton produced through Uyghur forced labour from China was unlawful. This decision represents a significant victory for the Global Legal Action Network (GLAN) and the World Uyghur Congress (WUC), underscoring the urgency for corporations to audit their supply chains for human rights abuses. The full text of the court’s decision can be accessed here.
The case traces its origins back to April 2020 when GLAN and WUC submitted evidence to HM Revenue and Customs, urging the suspension of cotton goods imports linked to forced labour in China. This led to judicial review proceedings initiated in November 2021 against UK authorities. In a January 2023 ruling, the UK High Court sided with the authorities, stating that there was no obligation under the Proceeds of Crime Act 2002 to combat such imports as long as they were purchased at market prices. The recent ruling by the Court of Appeal overturns that judgment, deeming it unlawful for UK authorities not to probe the forced labour allegations. More details on this legal challenge can be found here.
Rahima Mahmut, Executive Director of Stop Uyghur Genocide and UK Director of WUC, highlighted that this favorable judgment delivers “a measure of justice for those Uyghurs and other Turkic people who have been tortured and subjected to slave labour there.” She emphasized the need for stricter legislation in light of the appellate court’s ruling. Leanna Burnard, a lawyer with GLAN, stated that this ruling could signify the end of the UK market being a refuge for profiting from mass atrocities. Further comments from GLAN’s Director, Dr. Gearóid Ó Cuinn, are available here.
This ruling positions the UK closer to aligning its human rights standards with those of the EU and the US, which have already enacted stringent measures to eliminate forced labour from supply chains in the EU and in the US. Consequently, companies will now bear the responsibility of ensuring their supply chains are devoid of goods produced through forced labour. Importers who knowingly or with suspicion bring in goods produced under such conditions can face prosecution under the Proceeds of Crime Act for dealing in criminal property.
For more comprehensive coverage of the ruling, visit JURIST.