154 Civil Society Organizations Write A Joint Letter To Apple On Human Rights

Apple has failed to enact the human rights policy it introduced in August, and has suppressed a shareholder proposal raising human rights concerns, according to a coalition of shareholders, campaigners and Tibetan, Uyghur and Hongkonger human rights defenders.

The tech giant introduced the new policy following shareholder pressure over its respect for human rights in China, including blocking apps like Virtual Private Networks (VPNs) from China’s App Store that help users evade censorship and surveillance. Shareholders filed a new proposal calling on Apple to report on how it is implementing the human rights policy, but Apple’s lawyers took action to prevent the proposal being discussed or voted on. Over 150 civil society organizations representing over 18 million people worldwide today wrote to Apple CEO Tim Cook demanding Apple address human rights concerns.

Tim Cook
Apple Inc.
1 Infinite Loop
Cupertino, CA 95014 USA

CC: Jane Horvath, Senior Director of Global Privacy

Philip Schiller, Senior Vice President, Worldwide Marketing

December 18, 2020

“If one day you could wave a wand and everybody would treat each other with dignity and respect, there are many, many problems that would go away with that.” ~Tim Cook

Dear Tim Cook, 

We are a coalition of 154 activist groups and rights organizations representing Tibetan, Uyghur, Southern Mongolian, Hongkonger, Taiwanese, and Chinese people. We are writing in response to Apple’s continued failure to protect freedom of information and expression, despite a new policy affirming its commitment to human rights. Our combined membership equals over 18 million individuals worldwide who are gravely concerned about the seemingly growing complicity of western corporations like Apple in the Chinese Communist Party’s (CCP) human rights atrocities. We are looking not for a magic wand but for concrete action from Apple.

In June, at the Worldwide Developers Conference, you addressed the issue of equality head-on saying: “We must all aim far higher to build a future that lives up to our ideals. This means taking action.” While your statement was addressing racial justice, it was swiftly followed by Apple’s Human Rights Policy, formalizing the company’s commitment to human rights on a global scale, including supply chain standards and the rights of freedom of expression, access to information, and privacy. We were initially encouraged by this move.

However, simply writing a policy document does not in and of itself constitute upholding human rights or taking action for social justice. As you are aware, a number of our coalition members have been engaged in dialogue with Apple in an attempt to ensure Apple is taking serious steps to implement its Human Rights Policy and that the Company’s actions around human rights for those living under the Chinese government’s rule actually line up with its stated beliefs. The dialogue was entered into in good faith, believing that Apple would act with integrity and openness about developing concrete methods of implementation. This now appears to be far from reality given:

• The Company’s lobbying efforts to undermine and make less transparent Apple’s responsibilities under the Uyghur Forced Labor Prevention Act, despite statements that Apple is dedicated to the “goal of eradicating forced labor;”
• continued repression of freedom of expression in Hong Kong by banning Apple Store employees from publicly supporting the pro-democracy movement and censoring people choosing pro-freedom and pro-democracy slogans for product engraving; and
• failure to detail mechanisms for implementing the “commitments” laid out in Apple’s Human Rights Policy, specifically the adherence to freedom of information and expression, as well as the right to freedom of association, including for Apple workers.

We know you are aware of the extent of China’s repression across China, occupied Tibet, East Turkistan, Southern Mongolia, and most recently Hong Kong. It’s hard to overstate the chilling effect the Chinese Communist Party’s (CCP) censorship and surveillance regime has on freedom of expression, severely restricting and limiting the civil and political rights of those living under Chinese rule. This includes the construction of an Orwellian surveillance state in occupied Tibet, the incarceration of between 1.8 to 3 million Uyghurs, the recent demolition of “One Country Two Systems” in Hong Kong that breaches multiple international laws and the United Nations Declaration of Human Rights, cultural genocide in Southern Mongolia, the ongoing military intimidation and geopolitical bullying of Taiwan, and the detention, disappearance, and death of countless Chinese lawyers, feminists, democracy activists, and anyone else deemed a threat by the Chinese Communist Party.

Furthermore you must be aware that China has developed a mass forced labor and transfer system in East Turkistan and Tibet, with millions of individuals being subjected to centralized, “military-style” vocational training with systemic coercion and indoctrination. Uyghurs and Tibetans are being transferred away from their homelands to work in other regions, and Apple—as a company operating in the People’s Republic of China—cannot guarantee at this point that the Company is not benefiting from this labor force.

On December 2nd, Hong Kong pro-democracy activists Agnes Chow, Ivan Lam, and Joshua Wong were sentenced for their involvement in mass protests in 2019, charged with “unlawful assembly.” Through Joshua’s colleagues, we learned that “evidence” was seized from his iPhone XR by authorities. Despite not giving permission or his password to access private communications, his phone was weaponized and used against him in the courtroom. The trial of these activists is a clear crackdown on civil liberties and illustrates how private entities—like Apple—can enable human rights violations. 

Apple simply cannot continue to repeat the age old rhetoric that engagement is the pathway forward to improving human rights in China and regions under the Chinese government’s control, and that the Company’s hands are tied given national law. Apple must not abandon users living under authoritarian regimes. Doing so exposes Apple’s policy as little more than words on paper for millions of iOS users, including those who live in China and its occupied territories, who make up nearly one third of Apple’s total customer base. Both the United Nations Guiding Principles on Business and Human Rights (UNGP) and the Organization for Economic Cooperation and Development (OECD) Due Diligence Guidance note businesses must mitigate harm linked to their operations, even if the businesses haven’t directly contributed to the harm. Furthermore, the evidence is indisputable that human rights in China around freedom of expression, access to information, and more have seriously deteriorated since the period that Apple entered the Chinese market; information that you cannot continue to ignore.

There is of course no magic wand to simply wave away the brutality the communities we represent face due to actions from both the government of China and Apple itself, including times of inaction by the Company. Instead of conjuring up images of fairy tales, what people need is Apple to take concrete steps towards a positive future in which they are treated with dignity and respect. Apple must commit to the implementation of fundamental changes to help ensure that the freedoms and safety of Apple users everywhere—including in Tibet, East Turkistan, Southern Mongolia, China, Hong Kong, and Taiwan—are upheld. 

Detailed, concrete steps have already been thoroughly outlined by members of our coalition in a document provided to members of your staff on November 10, 2020. We urge that you and your team wholeheartedly implement these steps to solidify the Company’s commitment to its Human Rights Policy and begin on the path to the “many, many problems” being addressed through concrete solutions provided. Please note that there has been no response from your team to the solutions paper that was submitted and we politely ask that you hasten a reply. 

Sincerely,

Lhadon Tethong, Tibet Action Institute, Vicky Wyatt, SumOfUs, Mandie McKeown, International Tibet Network Dolkun Isa, World Uyghur Congress, Dorjee Tseten, Students for a Free Tibet, Rushan Abbas, Campaign for Uyghurs, Francis Hui,  We The HongKongers Jenny Wang,  Keep Taiwan Free, Teng Biao, China Against the Death Penalty, Enghebatu Togochog, Southern Mongolian HumanRights Center

On behalf of the following global organizations: