The UK Court of Appeal ruled Thursday that the UK National Crime Agency’s (NCA) refusal to investigate the importation of Uyghur forced labour cotton from China was unlawful. The Global Legal Action Network (GLAN) and the World Uyghur Congress (WUC) have secured a historic victory, which marks the first successful case globally to disrupt supply chains complicit in the ongoing genocide of Uyghur and other Turkic peoples in East Turkestan/Xinjiang, China. Companies must now ensure their supply chains are free from forced labour or face legal consequences. This landmark decision stems from a case initiated two years ago, where WUC challenged UK government agencies for failing to investigate imports of cotton produced in the Uyghur Region.

In April 2020, GLAN and WUC submitted evidence to HM Revenue and Customs, requesting the suspension of imports of cotton goods produced with forced labour in China. In November 2021, GLAN and WUC initiated judicial review proceedings against the UK authorities for not halting imports. In January 2023, the UK High Court handed down its judgment, in which the court accepted the UK authorities’ position that they refused to exercise their powers under the Proceeds of Crime Act 2002 to combat the importation of cotton produced by enslaved Uyghurs in East Turkestan (Xinjiang). In particular, the High Court’s ruling on “adequate consideration” created an untenable situation whereby importers could knowingly acquire forced labour goods, provided they paid the market price, without facing prosecution, which the Court of Appeal has now overturned.

Rahima Mahmut, Executive Director of Stop Uyghur Genocide and UK Director of World Uyghur Congress said that the court’s favorable judgement represents “a measure of justice for those Uyghurs and other Turkic people who have been tortured and subjected to slave labour there.” Mahmut also called for implementing tougher legislation following the appellate court’s ruling. Leanna Burnard, GLAN Lawyer furthered that “this could mark the end of the UK market being a haven for the profits of mass atrocities.” Dr. Gearóid Ó Cuinn, Director of GLAN said “[t]he landmark judgement sends a message globally to address retailers operating in markets profiting from atrocity crime goods.”

In recent years, the UK has become a dumping ground for goods made using Uyghur forced labour, as legislation in the EU and the US has strengthened human rights standards in supply chains. Today’s ruling overturns this loophole, meaning companies will be responsible for ensuring their supply chains are free from goods made through forced labour. Companies that knowingly or with suspicion import goods made under criminal circumstances—such as through Uyghur forced labour—can now be prosecuted under the Proceeds of Crime Act for trading criminal property.