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An Indication of China's Policy towards Uighurs and its Implications by International Law Aspects

This article examines the Chinese government's policy towards Uighurs for the purpose of outlining and explaining indications of the policy that have implications on the legal aspects of this international law. This study was researched using normative juridical methods with expansive analysis based on logical-normative approaches. The results of the analysis show that broadly the policies China implements against the Uighur population are indicated to acts of discrimination. China's main interest is sovereignty, so of course, China will not allow the release of any territory from China. While the implications in the context of International Law as to uphold the guarantee of civil and political rights, liberal and democratic principles or independence, and individual freedom in relation to the state. The points of conflict identified, especially concerning the reach of equality of rights between ethnic Uighurs and other ethnicities in China, the prohibition of inhumane punishment and degrading dignity, and religious freedom.

This article examines the Chinese government's policy towards Uighurs for the purpose of outlining and explaining indications of the policy that have implications on the legal aspects of this international law. This study was researched using normative juridical methods with expansive analysis based on logical-normative approaches. The results of the analysis show that broadly the policies China implements against the Uighur population are indicated to acts of discrimination. China's main interest is sovereignty, so of course, China will not allow the release of any territory from China. While the implications in the context of International Law as to uphold the guarantee of civil and political rights, liberal and democratic principles or independence, and individual freedom in relation to the state. The points of conflict identified, especially concerning the reach of equality of rights between ethnic Uighurs and other ethnicities in China, the prohibition of inhumane punishment and degrading dignity, and religious freedom.

Introduction and Overview
Uighurs are an ethnic Turkish sub-division living mainly in a place referred to by the Chinese government as XUAR (Xinjiang Uighur Autonomous Region) and called East Turkistan by Uighur activists in the People's Republic of China. China's most recent 2010 annual census informs that the Uighur population now lives in Xinjiang or Eastern Turkistan around 10 million. 1 However, according to some sources, Erkin Alptekin argues, the actual number of Uighurs is much higher than the official population estimated at more than 18 million.
As reported by Ablet Kamalov, there are also large Uighur diasporic communities in the Central Asian countries of Kazakhstan, Kyrgyzstan, and Uzbekistan, which are estimated to reach half a million people. This is in addition to the nearly 150,000 Uighurs believed to live in Pakistan, Afghanistan, Saudi Arabia, Turkey, Western Europe, and North America. 2 The Uighurs are from Xuar in north-western China, on the border with Central Asia.
Covering one-sixth of the country's total territory, XUAR is a large but sparsely populated area with about 19 million inhabitants. About 8 million of the population is Turkish-speaking Uighur Muslims, concentrated in the southern part of the region around cities such as Kashgar, known to the Chinese as Kashi, located 2,500 miles west of Beijing. Uighurs (pronounced Wee-gurs) make up about 45% of Xuar's population. 3 "Uighur", meaning unity or fellowship. Their ancestors were probably part of the Ding Ling wandering tribe of northwest China who lived near Lake Baikal. They lived between the Irtish River and Lake Balkhash, around the third century AD. Around the 1 Lidya Elmira Amalia. (2018)

Problem Statement
Some of China's policies towards Uighurs are heard for the purpose of preventing radicalization and extremism in the region, and others are aimed at the development of the Uighur region, but the implementation of those policies is beginning to become absurd. That policy indicates human rights violations and attacks on tribes.

Method
This study was researched using juridical methods normative with an expansive analysis based on a logical-normative approach.

Indication and Implementation of China's Policy on Ethnic Uighurs
China is a country located in the East Asia region and is also five of the permanent members of the United Nations Security Council. China is also a rapidly growing multi- Several former detainees told the BBC about the physical and psychological abuse they experienced in detention camps. Their entire family vanished, and they said the prisoners were tortured physically and mentally. The BBC has seen evidence of almost total surveillance of Muslims in Xinjiang. 14 Whereas the freedom of variety has been clearly set out in Article 18 DUHAM which states: "Everyone has the right to freedom of thought, belief, and religion; this right includes the freedom to change religion or belief in teaching, worship, worship and obedience activities, whether alone or equally with others, in public or in private". Even 11 Sudworth, J. (2018, October 26 Articles 18,19,20,and 27. 15 The above provisions are very different from the practice if we look at what is happening in China today. But it turns out that the Chinese state is the only one among the permanent members of the UN Security Council who do not join or have not ratified the ICCPR which guarantees important rights, including the right to religious freedom, the right to a court, an independent and impartial tribunal, freedom of expression, and political participation through free elections. Instead of aiming to shape the lives of ethnic Uighurs better, China's policies can instead be intended to be a gross human rights violation. Various programs were established and forcibly implemented for ethnic Uighurs, including:

a) Mass Internmant and Re-Education Programs
The regional government of Xinjiang (Xinjiang Uygur Autonomous Region (XUAR)) is running two massive Education programs with its support from Beijing. The first is the forced international program, in which an estimated one million Uighurs have been

) Anti-Islamic Programming
In addition to international and reeducation programs, XUAR government has also imposed a number of restrictions on religious and cultural practices in Uighurs. emphasizing similar aspirations in its muqaddimah by expressing the desire of Muslim countries to be involved in efforts to uphold human rights in any country around the world, to protect people from exploitation and persecution, affirming freedom and the right to a dignified life in accordance with the guidance of Islamic sharia.

Legal Implications
The Chinese government is a very authoritarian government and seeks to subjugate the opposition in various ways. This was suggested by Susanne Schroter, director of the Forced detention in the form of reeducate camps, discrimination, intimidation to religious oppression of Uighurs arguably violates each of the above conventions. 21 For example, article 1 of ICERD defines "discrimination as the distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin" which means discrimination is a distinction, exclusion, restriction or preference based on color, race, national or ethnic origin with the purpose or consequence of negating, undermining beliefs which constitute fundamental freedoms in political, economic, social, cultural and other areas of public life.
Convention on the elimination of all forms of discrimination against women (CEDAW, ratified by China in 1980); and the Convention Against Torture and the cruel, inhuman, or degrading treatment of dignity or punishment (UNCAT), which was ratified in 1988.

Forced detention and religious oppression of Uighurs arguably violates each of these
Conventions. For example, Article I of the International Convention on the elimination of all forms of racial discrimination defines discrimination as "differences, exclusions, restrictions or preferences based on race, color, ancestry, or national or ethnic origin" with the purpose or consequence of negating or undermining beliefs is a fundamental freedom in political, economic, social, cultural or other areas of public life.
In addition to reeducation, forced internment, beard ban, ban on Muslim activities, the prohibition of Islamic naming for newborns imposed by the Chinese government on the basis of their religion, ethnicity, and identity of the Uighur population, clearly in Article 1 ICESCR explicitly recognize " peoples have the right of self-determination" and thus "by virtue of that right" can "freely determine their political status and freely pursue their economic, social and cultural development" that all nations have the right to self-determination that includes freely determining political status, free to earn a decent livelihood in the context of freely pursuing their economic, social, and cultural development. Even in reservations regarding the scope of the "people" of the ICESCR convention, China does not show a broader interpretation, in other words, China fully approves the content of the ICESCR convention.
Meanwhile, the UNCAT convention on Article 12 expressly calls on every country "to ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction". This Convention ensures that any competent party is authorized to conduct a swift, impartial investigation of indications of mistreated such as acts of torture or severe discrimination occurring in its jurisdiction.
In addition, the Chinese government is also indicated to be violating the CEDAW convention on the policy of placing Uighur children in orphanages while their parents are detained in camps.
Not only ratifying the four conventions above, but China also signed the International Policy analysis shows that China's main interest is sovereignty, so of course, China will not allow the release of any territory from China. Those causes certainly cannot be released from how valuable Xinjiang is to the Chinese government. Xinjiang means it is strategically and economically important to China. However, to maintain policy and sovereignty is impossible if the government loses the trust of the people (Uighurs in particular) towards its country because the absolute condition of state sovereignty is the existence of a society that complies with its constitution and government.