In recent years, 2,547 shipments of products suspected of being the result of forced labor by Uighurs, a Muslim minority persecuted in China, have been banned from entering the United States. During the same period, in Canada, only one shipment was intercepted and then allowed to enter the country. Yet products made in the Xinjiang region of China, including cotton clothing, are on our store shelves and may well have been made by Uyghurs, who were sent by the tens of thousands to detention camps. re-education and forced to work.
“Every time I enter a shopping center in Montreal, I notice the presence of slavery products on our shelves,” bluntly mentions Kayum Masimov, a Canadian activist of Uyghur origin, coordinator of the Project for the Defense of Human Rights. Uyghurs, an NGO based in Ottawa. The Quebec and Canadian public must be aware of this in order to make responsible and ethical purchases. »
The Canadian government recognizes that the Uighurs are undergoing genocide in China (Beijing instead claims to fight against terrorism and religious extremism) and asks Canadian companies to adopt “best practices” and “closely examine their supply chains to “ensure that they do not contribute to supporting repression”.The importation of “goods that are mined, manufactured or produced, in whole or in part, by forced labor” or “by prisoners” is prohibited in the country.
Deficient application
“But in the application, there are a lot of gaps,” denounces Kayum Masimov. Hamid Benhmade, researcher at the University of Ottawa and spokesperson for the Quebec Network for Inclusive Globalization (RQMI), shares his analysis and notes a notable gap between the effectiveness of American and Canadian legislation. “There is an unbalanced balance sheet, the Americans are able to stop more goods. »
While in Canada, it is up to the authorities to demonstrate that forced labor was present, in the United States, the burden of proof has been reversed. In June 2022, the Uyghur Forced Labor Prevention Act, which establishes the principle of “rebuttable presumption” for goods that come from or were manufactured in Xinjiang, came into force south of the border. In accordance with this law, it is now prohibited to import into the United States any product originating from this Chinese region where 12 million Uyghurs live, unless the importer proves that the goods are not the result of forced labor.
American legislation therefore has much more teeth. “The Americans can investigate a higher number of shipments since they only need to have suspicions to do so, whereas in Canada, we must have sufficient legal evidence to investigate,” indicates Hamid Benhmade. In addition, a list of offending companies is published by the US government. In Canada, this information is not publicly disclosed, which harms the fight against forced labor, believes the researcher. “The information obtained during [des] exam[s] of trade compliance are considered confidential”, confirms the Canada Border Services Agency (CBSA), in response to a request for information from the Duty.
Intercepted cargo
The only shipment intercepted by Canada was temporarily blocked in Quebec in the fall of 2021. “The goods were declared as women’s and children’s clothing from China,” says the CBSA. But after the “appeal or reconsideration process, the shipment was authorized, based on the information provided by the importer.” The CBSA specifies that its role is to enforce the import ban “when it has sufficient evidence to do so.”
In recent months, have shipments turned back at the US border been able to enter Canada? “Canada and the United States have different legal regimes and legislative powers regarding the application of prohibitions relating to forced labor in their respective territories,” responds the CBSA, specifying that it does not have the power to consider the goods as prohibited until proven otherwise, as is the case in the United States. In December, an American delegation visiting Ottawa called on the Canadian government to make more efforts in its fight against forced labor of Uyghurs.
The office of the Minister of Export Promotion, International Trade and Economic Development, Mary Ng, did not want to answer questions from Duty on the discrepancy between the number of shipments intercepted in the United States and Canada and on the desire of the Canadian government to make changes to the legislation in force.
Cotton
China is the world’s largest producer of cotton, and 90% of it is produced in Xinjiang — the country’s largest region. It is therefore more than likely, in the eyes of Kayum Masimov, that the cotton clothes made in China which are on our shelves come from the forced labor of Uyghurs. DNA tests now make it possible to determine the precise origin of cotton.
Following the receipt of complaints, the Office of the Canadian Ombudsman for Corporate Responsibility (OCRE) launched, in recent months, nine investigations targeting eight Canadian retailers suspected of maintaining supply links with companies Chinese companies using forced labor of Uyghurs as well as a Canadian mining company.
The companies targeted are Nike Canada, Ralph Lauren Canada, Walmart Canada, Hugo Boss Canada, Diesel Canada, Levi Strauss & Co. Canada, Zara Canada, Guess Canada and Dynasty Gold Corporation. These companies deny sourcing their supplies from Xinjiang or consider the complaint against them inadmissible.
Final investigation reports have not yet been filed by OCRE. The organization indicates to Duty that depending on the results, it could make recommendations to companies so that they “improve their policies and practices to prevent similar harm from happening again”. If a company refuses to participate in the investigation in good faith, the ombudsman could recommend to the Minister of International Trade to withdraw all existing or future support for the defense of its commercial interests.
While awaiting the results of these surveys, Kayum Masimov asks Quebecers to think about what they consume. Other products from Xinjiang that may be the result of forced Uyghur labor include tomatoes used to make ketchup, solar panels and electronic devices. And above all, the Uyghur activist encourages consumers to question “why a product costs so little”.