Abstract

People’s Republic of China is allegedly committed racial discrimination toward Uyghurs for the last few years. Uyghurs is one of the minority ethnics who live in Xinjiang Uyghur Autonomous Region (XUAR) China. The Chinese government builds re-education camp for Uyghurs and being detained even imprisoned without a proper legal procedure. The research aims to know the implementation of Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the Responsibility to Protect Perspective in Uyghurs case. The study employed normative legal research with Statute Approach and Case Approach. By using qualitative descriptive method, the study elaborated on how China upholds the minority rights through the implementation of ICERD, and how the international law perspective in the context of responsibility to protect Uyghur case is. The result shows that China has not been successfully implementing ICERD toward minority groups because in practice China does racial discrimination toward Uyghurs. Also, China fails to implement the first pillar of Responsibility to Protect (R2P), where China should protect its citizen from any kind of mass atrocity crimes.

Highlights

  • In recent years, People’s Republic of China (PRC) has faced racial discrimination issue about ethnic minority in Xinjiang Uyghur Autonomous Region (XUAR)

  • The statute approach was conducted by highlighting specific regulations such as Responsibility to Protect (R2P), United Nations Declaration on the Elimination of All Forms of Racial Discrimination, The Constitution of the People’s Republic of China, and the Law of the Ethnic Regional Autonomy, it is categorized as statute approach, while reviewing others related case is categorized as case approach (Diantha, 2016)

  • In 1945, when United Nations (UN) was formed, the international community stated that they will never allow any crimes against humanity to be committed again

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Summary

Introduction

People’s Republic of China (PRC) has faced racial discrimination issue about ethnic minority in Xinjiang Uyghur Autonomous Region (XUAR). Since April 2017, around 10 percent of the population in Xinjiang had been detained, imprisoned, even disappeared. They were detained in a camp which they call as “re-education camp”, including scholars, students, journalists, and artists (Duara, 2019). We can find Uyghurs living within the borders of the countries that border Xinjiang, such as Kazakhstan, Kyrgyzstan, Tajikistan, and Uzbekistan. They speak Turkic language and use the Arabic alphabet; their language is important to their Muslim heritage and culture (Watch, 2018). International Journal on Minority and Group Rights, 14(3), 5-6

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