Human rights activists have launched legal action against the UK government after its decision to permit Huawei a limited role in national 5G networks.
Lawyers for two Uyghur activists have written to ministers warning that they will commence court proceedings if the government proceeds with plans to allow the Chinese telecoms firm to participate in the networks. The claim argues the decision breaches UK human rights obligations and EU procurement rules.
The activists campaign against Beijing’s treatment of Muslim minorities, particularly Uyghurs in Xinjiang and other Turkic groups across western China. Reports indicate up to three million people have been detained in so-called “re-education centres,” where allegations include torture, forced separation of children from families and other abuses. Large numbers of people in the region are also subjected to pervasive surveillance, including intrusive facial recognition systems.
A report by the Australian Strategic Policy Institute identified Huawei among 83 brands linked to 27 Chinese factories that reportedly use workers transferred from Uyghur re-education centres.
Michael Polak, chair of Lawyers for Uyghur Rights, said:
“Given the evidence that Huawei is an integral part of the security apparatus where Uyghur and other Turkic peoples are subjected to crimes against humanity, our clients consider it unconscionable for the government to welcome them into national infrastructure.
Our clients have bravely chosen to challenge a company that has played a significant role in the oppression of Uyghur people—an example of the harm a powerful authoritarian state can inflict when it seeks to destroy a people and their culture.
We expect the government to honour both its legal duty not to contract with companies implicated in gross human rights abuses and supply chains tainted by forced labour, and its moral duty to signal to the Chinese authorities and aligned companies that mass detention and repression will not be tolerated.”
Following a multi-year security review, the British government earlier this year decided to permit Huawei equipment in 5G networks under strict limitations.
Under the government’s conditions, Huawei gear is banned from the network core, may account for no more than 35 percent of Radio Access Network (RAN) equipment supplied by any single vendor, and cannot be installed near military sites, nuclear facilities or other particularly sensitive locations.
The UK move drew strong international reaction, notably from the United States, which has urged allies to exclude Chinese telecoms companies from critical infrastructure on national security grounds. Earlier this year US intelligence officials provided British counterparts with a dossier outlining perceived risks associated with Huawei equipment.
Reports at the time said President Donald Trump reacted angrily in a call with Prime Minister Boris Johnson over the decision. Huawei welcomed the UK’s position and repeatedly denied claims that it poses a security threat or is controlled by the Chinese state.
However, the UK’s Huawei Cyber Security Evaluation Centre criticised the company in a March 2019 assessment, stating there had been “no material progress” in addressing previously reported issues and that it was therefore inappropriate to alter the existing level of assurance.
Although the government’s announcement was intended to settle the debate, opposition from human rights groups, security experts and international partners means the issue remains contentious. Legal challenges and continued scrutiny suggest the UK’s approach to Huawei and broader telecoms security will stay under the spotlight for some time.