Kashmir 11.51 am Mr David Nuttall (Bury North) (Con) I
beg to move, That this House notes the escalation in
violence and breaches of international human rights on
the Indian side of the Line of Control in Kashmir; calls on
the Government to raise the matter at the United Nations; and
further calls on the Government to encourage Pakistan...Request free trial
Kashmir
11.51 am
-
Mr (Bury North)
(Con)
I beg to move,
That this House notes the escalation in violence and
breaches of international human rights on the Indian side of the Line of Control in
Kashmir; calls on the Government to raise the matter at the
United Nations; and further calls on the Government to
encourage Pakistan and India to commence peace
negotiations to establish a long-term solution on the
future governance of Kashmir based on the right of the
Kashmiri people to determine their own future in accordance
with the provisions of UN Security Council resolutions.
Let me start by thanking my fellow members of the Backbench
Business Committee for allowing me to stand down from the
Committee briefly in order to apply for the debate, and for
agreeing that it could take place today. I should also
declare that I am the current chairman of the all-party
parliamentary Kashmir group.
I thank all the groups who have campaigned so steadfastly
on this issue for so many years. I particularly thank Raja
Najabat Hussain of the Jammu and Kashmir Self Determination
Movement, who works tirelessly to keep up the profile of
the issue of Kashmir with MPs, but I also thank Fahim
Kayani and the Kashmir Movement UK, Sabiya Khan and the
British Muslim Women’s Forum, Azmat Khan of the Jammu
Kashmir Liberation Front, Najib Afsar and the Jammu Kashmir
Liberation Council, and Dr Syed Nazir Gilani and the Jammu
and Kashmir Council for Human Rights.
-
(Stoke-on-Trent South)
(Lab)
I congratulate the hon. Gentleman on securing the debate.
May I ask him also to put on record his thanks to all the
ordinary Kashmiris, in this country and back in Kashmir,
who fight time and again, in a peaceful manner, to ensure
that this issue is high on the agenda so that we take some
action?
-
Mr Nuttall
I am grateful to the hon. Gentleman for making that point.
I certainly put my thanks to those people on record.
Let me explain why the motion was tabled. Essentially, it
was tabled because this issue matters to thousands of my
constituents who are of Pakistani and Kashmiri heritage,
and I know that it matters to the constituents of a number
of other Members who are present today. Many of my
constituents have families in Kashmir, and in some cases
they have personally lost loved ones, or seen loved ones
scarred for life as a result of violence.
Some Members may not be familiar with Kashmir. It is an
area of territory that runs across the border between
Pakistan and India. The root causes of the conflict
can be traced back to 1947, when the colony
of India was granted independence by
Britain and was partitioned into two separate
entities, India and Pakistan. The state of
Jammu and Kashmir, with a predominantly Muslim population
but a Hindu leader, shared borders with both India and West Pakistan.
The area has a long and complex history. Obviously there is
not enough time for me to go into all of it, but suffice it
to say that the argument over which nation would
incorporate the state led to the first India-Pakistan war, in 1947-48, and
there have been several further upsurges in the conflict
since then. I do not need to remind the House that both
countries are now nuclear powers. Just to complicate
matters further, some of the historic territory of Kashmir
is now under the control of China.
I am pleased to see my hon. Friend the Member for Reading
West (Alok Sharma), the Minister for south Asia, in his
place and I am grateful to him for taking the time recently
to meet members of the all-party group on Kashmir. I know
he will be aware that the fact that Britain was responsible
for the partition leads many in the Kashmiri community to
believe this country could and should be doing more to try
and help resolve this matter. The fact that partition was
70 years ago demonstrates the intransigence of this
problem, and I am under no illusion that there are any easy
solutions.
I wish to cover two areas: the recent increase in violence
and human rights abuses, and the longer-term issue of
trying to resolve this long-running conflict. The most
recent increase in violence began last year when, on 8
July, 22-year-old Burhan Wani was killed by the security
forces in Indian-administered Kashmir. Tens of
thousands attended his funeral, at which clashes broke out
between the security forces and protestors. Security forces
fired live ammunition into the crowd, killing several
people and a police officer was also killed.
Since then the authorities have declared a succession of
curfews and closed down mobile phone services and media
outlets. Attendance at mosques and adherence to religious
practices has been restricted. Protestors have organised a
series of general strikes and there have been regular
public rallies. Schools, colleges and universities have
also been closed. The economy has been badly hit. Funerals
have often led to further clashes between protestors and
the security forces. Critically, scores of Kashmiris have
been killed and many thousands of civilians have been
seriously injured.
-
(Bradford East)
(Lab)
I thank the hon. Gentleman for securing this important
debate. He rightly points out the recent escalation in
human rights violations, but does he agree this is a much
longer-term problem and that human rights violations have
happened in that region for decades?
-
Mr Nuttall
As I have said, there is a long and complex history to this
issue and, as the hon. Gentleman says, there have been many
upsurges in violence over the years and many human rights
abuses that have been catalogued and recorded.
-
(Carshalton and Wallington)
(LD)
Does the hon. Gentleman agree that it is imperative that an
international investigation into those human rights abuses
is carried out as soon as possible?
-
Mr Nuttall
Yes, I do agree, and that is something I will mention
briefly later in my speech.
The use of pellet guns has left thousands of people,
including children, injured and in many cases blind. Armed
militants have increased their attacks on the security
forces. In September 2016 an attack on an army base killed
19 Indian soldiers, the army’s worst loss
of life for well over a decade. There has also been a
serious flaring up of tension between India and Pakistan, with regular
exchanges between their forces along the line of control.
These have led to significant military casualties. Senior
figures on both sides have been ratcheting up the hostile
rhetoric, leading to growing fears of another major
escalation in the conflict between the two countries.
I know the Government are concerned about any allegation of
human rights abuses—Ministers have said so many times in
answer to both oral and written questions—but I urge the
Minister to condemn the attacks and the use of pellet guns.
The fundamental human rights that are enshrined in
the Indian constitution must be adhered to.
There must be an end to the use of pellet guns on innocent
civilians. The United Nations High Commissioner for
Refugees and other interested parties must be allowed free
and complete access so that they can make an objective
assessment.
I turn now to the role of the United Nations in securing a
long-term settlement. There has been 70 years of inaction
since the original resolutions requiring the conflict to be
resolved by peaceful democratic means were passed, so it is
easy to see why so many in the Kashmiri community think
that the United Nations has lost interest in their problem.
I have often said that the dispute is all too frequently
ignored by the media. There is always some other conflict
elsewhere in the world that grabs the headlines. I know
that the United Kingdom, as a member of the United Nations,
supports all UN bodies and wants to help them to fulfil
their mandate, but there has surely been a failure on
Kashmir if the resolutions have gone unfulfilled for so
long. I appreciate that the Government have to tread a
careful path and that we want to be friends with
both India and Pakistan, but a candid
and true friend is one who sometimes says things that the
other friend may find unpalatable.
-
(Shipley) (Con)
I support my hon. Friend’s motion. This is not a question
of supporting either the Indian Government or the Pakistani
Government; it is about supporting the people of Kashmir.
He and I campaigned for many years for a referendum to
decide whether our country should be part of and governed
by the European Union, and the people of Kashmir should be
afforded the same liberty of deciding how they want to be
governed in future.
-
Mr Nuttall
My hon. Friend is absolutely right. In a few lines’ time, I
will mention the historic decision that this country took
on 23 June last year.
-
Mr (Birmingham,
Perry Barr) (Lab)
I concur with the hon. Member for Shipley (Philip Davies)
that this issue is about Kashmir, but it involves not
just India and Pakistan, but China, so
we have to concentrate on all of them to ensure that the
civil and human rights of the Kashmiri are the priority in
this debate.
-
Mr Nuttall
The hon. Gentleman is absolutely right that the matter
involves more than one nation and, crucially, is about the
rights of the Kashmiri people.
We have to make it clear to both India and Pakistan that we want to
help them find a permanent, peaceful solution to the
conflict. Of course, this country cannot impose a solution,
but we may be able to do more to bring the parties closer
together. I want to be absolutely clear that this is not
about taking sides and saying, “If you are a friend of
Kashmir, you are not a friend of India.” The problem must be resolved by
peaceful means. I want the people of Kashmir to be given
the right to decide their own future through
self-determination, a right which was so historically
exercised by the people of this country on 23 June last
year when a majority voted to leave the European Union.
No one believes that there is an easy answer, but anything
has to be better than having a military-controlled line of
partition between the two neighbouring countries. I suspect
that there will always be a rivalry between India and Pakistan, but that
rivalry should be contained on the field of sport. In
responding to the debate, I ask the Minister to set out not
only the Government’s position on Kashmir, but what more
this country can do.
-
While I agree that we need a long-term solution that is in
the hands of the Kashmiri people, does he agree that there
is an important step to be taken beforehand? The Foreign
Office and the Government can play an active role in
getting both sides round a table to negotiate peace,
stability and a calming of the situation, so that
children’s lives are not ruined or lost in the meantime.
Let us get a summit for peace going and then we can focus
on the longer-term solution.
-
Mr Nuttall
I entirely agree. Perhaps I should have finished my
sentence, because that is exactly what I was saying. I ask
the Minister to set out not only the Government’s position
on Kashmir but what more this country can do, either
through the United Nations or by working directly
with India and Pakistan, to bring the
two nations together to find a lasting and peaceful
solution to this conflict.
I commend the motion to the House.
12.04 pm
-
Mr (Birmingham,
Perry Barr) (Lab)
I declare that I am privileged to be the first Member of
Parliament of Kashmiri heritage. I also have a significant
number of Kashmiri constituents, who have a significant
interest in this issue. I am sure that many other Members
have been contacted by constituents with such an interest.
The key issues when discussing Kashmir are Kashmiri
geography and Kashmiri self-determination, and many people
are very concerned about that. For me, the key issue today
is the violation of the human rights and civil liberties of
the Kashmiri people—that is the most important thing. There
have been violations of the Geneva convention
by Indian armed forces.
As other Members have said, Kashmiris are having their
human rights violated and abused. That has gone on for at
least the past six decades, since Indian forces unlawfully invaded Kashmir
in 1948. Kashmir was then an independent state under the
reign of Maharaja Hari Singh. In 1953-54, a resolution was
presented to the United Nations by the then Prime Minister
of India, Jawaharlal Nehru, to allow the
Kashmiri people the right of self-determination. To date,
to the shame of the United Nations, such resolutions have
not found their way to the General Assembly. People still
wonder—certainly the Kashmiris are still wondering—whether
the plight of the Kashmiris is worth its salt; it certainly
seems not to be worth hearing in the General Assembly of
the United Nations. That is very significant.
A number of Members wish to speak, so I will try to be as
brief as possible. I recognise the work of the shadow
Foreign Office team, particularly my hon. Friend the Member
for Heywood and Middleton (Liz McInnes), who has
responsibility for south-east Asia, and the shadow
Secretary of State, my hon. Friend the Member for Islington
South and Finsbury (Emily Thornberry). They have both made
recognising human rights and civil liberties a significant
policy issue for the Labour party. The shadow Secretary of
State has written to the Foreign Secretary, ahead of his
second visit to India, asking him to raise the issue of
human rights and civil liberties in Kashmir when he
discusses trade. I hope that, on his return, he will report
to the House that he has raised those issues with
the Indian Government.
There are currently more than 500,000 Indian troops in Kashmir, and they are
protected by the Armed Forces (Jammu & Kashmir) Special
Power Act 1990, which allows them complete free rein to
abuse and torture people. There is no accountability when
people go missing, and there is no court in India than can hold Indian troops to account. It is a clear
violation of the Geneva convention for any military to be
able to do such things, and I am surprised that we still do
not raise it. I hope the Minister takes note and raises it
with the Indian Government.
-
(Nottingham South)
(Lab)
I congratulate the hon. Member for Bury North (Mr Nuttall)
on securing this debate, and I congratulate him and my hon.
Friend the Member for Birmingham, Perry Barr (Mr Mahmood)
on their powerful speeches. Does my hon. Friend agree that
there is a particular concern about the use of pellet guns
in Kashmir? Does he agree with me and Amnesty International
that there should be a ban on the use of such guns, which
are causing such serious injuries to so many people?
-
Mr Mahmood
I thank my hon. Friend for that. I will deal with that
issue later in my speech, but I wholly agree with what she
is saying.
I was talking about half a million soldiers in Kashmir who
have no control over how they behave and how they abuse the
people. There are serious concerns in Kashmir, particularly
about the situation of the civilian population. We are very
concerned that when a woman leaves the house, whether she
be a mother, a daughter or a wife, we do not know what
state she will return in—if indeed she will return at all.
There have been gang rapes by the military—an absolutely
atrocious act by any individual or community.
-
(Stoke-on-Trent North)
(Lab)
I am sorry to interrupt such an incredibly passionate
speech. One thing the Government fail to recognise is the
passion, worry and fear that our constituents, British
citizens of Kashmiri and non-Kashmiri extraction, have
about this issue. Does my hon. Friend agree that the
Minister and the Government really need to listen and start
paying attention to the needs and demands of their
citizens?
-
Mr Mahmood
I wholly concur with my hon. Friend, who makes a very valid
point, particularly on the issue of the abuse of women. We
do not allow and accept that in any way at home or in any
other country, so why should we allow it to go unchecked
when we are talking about the Indian forces in India and in Kashmir? Why should
this be allowed to continue? I find it absurd and we should
be making far stronger representations—I urge the Minister
to do that.
When a man goes out of a house, whether he be a father, a
husband or a son, there is no guarantee that he will come
back and what state he will come back in. We have seen
beatings taking place. We have seen videos on YouTube,
Facebook and other social media of people being summarily
beaten up in the streets—they are held by a
disproportionate number of military personnel and beaten to
within an inch of their life. They are tortured and taken
away; people go missing. In some instances, when they go
missing, they do not come back. That is a serious issue.
Children in Kashmir have no stake in their normal community
or society. We expect our children to have a proper
education in normal society, but Kashmiri children do not
have an ounce of the protection needed in order to have
that. As my hon. Friend the Member for Nottingham South
(Lilian Greenwood) said, when they go out into the streets
they are greeted with pellets and such like. They have no
proper education facilities and no healthcare. They have no
real stake in the society that they are part of, and the
generations go forward: this is the sixth generation of
Kashmiris growing up under this tyranny and they have no
protection whatsoever.
The pellet gun issue that my hon. Friend raised is about a
horrendous act by the military. They have not just fired
these guns to warn off crowds; they have specifically
targeted the upper body of individuals. They have aimed at
the face and at the eyes, and a number of people have lost
their eyesight. Aiming these guns at the upper body means
that people cannot even receive medical treatment, because
the medical people will not use a scan on them as magnets
are used when a body is scanned and so a scan would further
assist the movement of the metallic pellets inside the
person. That might lead to further injury, be it in their
head, eyes or upper body, including their heart, arteries
and so on. That would cause a significant problem for most
people.
Those are the issues involved with the use of pellet guns.
When someone is penetrated by these pellets and they go
through a security barrier, it is easy to assess that they
have been involved in these sorts of activities and so they
will be pulled out, again to be held accountable. We are
talking about torture of a whole community and of a whole
society. A report entitled “BURIED EVIDENCE: Unknown,
Unmarked, and Mass Graves in Indian-Administered Kashmir” has been
produced by the International People’s Tribunal on Human
Rights and Justice in Kashmir. It was written by Angana
Chatterji, a well-known human rights activist, whose report
deals with a significant number of mass graves that she has
found, through her organisation. Unfortunately, no notice
is taken by anybody. No notice is taken by any
Government—our Government in particular. If this was to
happen anywhere else, there would be a huge outcry, with
people clamouring for international war crimes tribunals to
be held and for these things to be dealt with.
I appreciate that we have an urgent debate to come after
this and that a significant number of colleagues wish to
speak, so I wish to conclude by saying that this is about
the abuse of human rights and civil liberties, and the
contravention of the Geneva convention. I would like the
Minister to take note of those three important things when
he sums up, and to say what he is going to do about it and
how he will have an interaction with the Indian Government to hold them to
account. If India wants to be a serious trade
partner with the UK, these are the responsibilities it must
carry. These issues are very important to my constituents
and to all of us in this place, so it must ensure that that
is considered and taken forward.
-
Several hon. Members rose—
-
Mr Deputy Speaker (Mr Lindsay Hoyle)
In order to give everybody equal time and a fair crack of
the whip, will Members please just take up to eight
minutes?
12.16 pm
-
(Wealden) (Con)
First, I wish to congratulate my hon. Friend the Member for
Bury North (Mr Nuttall) on securing this debate and on
being such a strong advocate for Kashmir and Kashmiris in
the Chamber.
In 1947, India and Pakistan partitioned,
bringing about the largest migration of people in history,
with more than 14 million people—refugees—crossing the
newly formed India-Pakistan border for safety. One
border disputed to this day is Kashmir, a small piece of
land in the Himalayas which today is an unstable home to 12
million Kashmiris. On 24 January 1949, the first group of
United Nations military observers arrived in Jammu and
Kashmir to oversee a ceasefire between India and Pakistan. Almost 70 years
later, India and Pakistan have evolved but
Kashmir is still a region beset by political disagreement,
violence, and human rights violations. Its population is
just 12 million, yet more than 3,000 people have
disappeared during the past 70 years and the conflict has
left more than 47,000 people dead, including 7,000 police
personnel. The death toll continues, with
both India and Pakistan at an impasse,
as was depressingly noted in a House of Commons Library
research paper on Kashmir. It stated:
“Currently, the two governments”—
those of India and Pakistan—
“are engaged in a process of rapprochement. This is not the
first such process, but it has given rise to optimism.”
That paper was written in 2004, and India and Pakistan have still got
nowhere. Optimism has run dry, and bloodshed and bullets in
Kashmir have taken over.
UN observations have taken place at various times since
1949, at considerable cost, but to what effect? Resolutions
have been passed calling for ceasefires, for security
forces to be withdrawn, and for a plebiscite giving
Kashmiris the opportunity to decide whether to
join India or Pakistan, or even to
determine their own future—that is the cornerstone of any
civilised democracy.
-
(Mid Worcestershire)
(Con)
The UN clearly has a pivotal role to play in Kashmir, but
does my hon. Friend believe it has sufficient skills,
resources and political will to do what we are expecting of
it in securing peace?
-
My hon. Friend makes a good point. I would say that the UN
has considerable skill and considerable resources, but it
is falling down on political will. Seventy years have been
lost and Kashmir pays the price with lost lives and
livelihoods. Last year, it saw an unprecedented level of
violence and curfew, with 68 civilians killed and more than
9,000 people injured during months of unbroken violence.
This was the bloodiest episode in Kashmir’s recent history.
The shame of the international community in failing to
recognise the violence and offer support to Kashmiri
civilians is a bloody stain on all our history books.
The UN High Commissioner for Human Rights emphasised the
importance of an
“independent, impartial and international mission”
within the conflict-ridden region, with “free and complete
access”. Top UN officials have said that they continue to
receive reports of Indian forces using excessive force
against the civilian population under India’s administration,
yet India has refused the United
Nations High Commissioner for Refugees access to
investigate allegations of human rights abuses. I fully
accept that Pakistan, not just India, has to allow the UN access to
Kashmir so that it can evaluate the damage that the
conflict has caused before it becomes another footnote in
Kashmir’s history.
The UN has had 70 years to help Kashmiris, but instead has
for too long wilfully sidelined the dispute. We need a
renewed effort for honest UN involvement to resolve the
current crisis, with the UN using all its powers to
investigate the crimes committed. What pressure can the UK,
by taking advantage of our privileged position on the
Security Council, put on the UN? The UN has to show some
humility and give some backbone to its statements. No
resolution or reconciliation can resume until there is
acceptance, not dispute, over the lives lost and damaged.
Unlike at any other time in history, we have a real role to
play, offering our hand of friendship and partnership.
Pakistan is one of the biggest recipients of our aid
funding and a partner in tackling terrorism.
Only last year, the Prime Minister visited India to secure a substantial trade
deal. During that trip, what discussions took place on
Kashmir? Will the Minister update the House on his
discussions on Kashmir with his counterparts in both
Pakistan and India?
Prime Minister Modi of India said that
“any meaningful bilateral dialogue necessarily requires an
environment that is free from terrorism and violence”,
and he is absolutely right. The recent escalation of
violence creates terror where no authority is trusted, not
even those that are meant to offer protection.
In Kashmir, pellet guns are being used by security forces.
The Indian Government have advised that
pellet guns should be used rarely, and only in pressing
circumstances, yet the Central Reserve Police Force
continues to use them persistently. These guns cause
life-threatening injuries and brutally blind people—so far,
more than 9,000 people have been injured. By their very
nature, these pellet guns are the antithesis of targeted
precision. They spray and maim through a 6-foot circle. It
is impossible to limit the number of casualties with a
6-foot fan of pellets. These are not precision weapons or
defensive weapons, and their use in open public places must
constitute a human rights violation.
With a pellet gun, anyone and everyone within that 6-foot
circle is a target, even children sitting at home.
Twelve-year-old Umar Nazir was in the courtyard of his
home—he was not protesting—when his eyes were hit by
pellets. Both his eyes are injured, with little vision
left. He is recovering in Srinagar, where the ophthalmology
department has stated that it lacks the medical supplies to
proceed with surgeries for injured retinas because the
demand is so high. Depressingly, a former Chief Minister of
Jammu and Kashmir was forced to tweet Prime Minister Modi
to ask for eye surgeons and eye trauma experts to be sent
to Kashmir to help those with injuries. People’s lives are
being lost and people’s vision is being removed for life,
and the best way to get help from Government agencies seems
to be by sending a tweet. That is how desperate the
situation has become.
Will the Minister ask his Indian counterparts what their
justification is for using pellet guns in public spaces? I
can see none. Does he agree that the indiscriminate nature
of such weapons constitutes a crime when they are used in
public spaces? The Central Reserve Police Force has refused
to share its operating procedure for this lethal weapon.
Will the Minister put pressure on India to disclose its
justification? Perhaps the Indian authorities can share with us
which other liberal democracy uses such a weapon on its own
people. Will the Minister tell the House what aid or
medical support is being provided to Kashmiri hospitals?
The human rights violations I have described should be
argument enough for UN access for observation. Human rights
violations will not disappear without observation; they
will just be disputed. If the UN takes the Vienna
declaration seriously, it must step up its activity and
willingness to be involved.
This is not just a regional issue. India and Pakistan both have
nuclear weapons, so the stakes in the dispute are high.
Pakistan is reputed to have the 11th strongest military in
the world; frighteningly, it is also ranked as the 14th
most fragile country. This regional dispute is not so
regional: when two nuclear powers fail to resolve such a
volatile dispute, it affects us all and has the potential
to threaten us all. That is especially true as the terror
has taken a new, violent form.
Access to books and education is key to building a strong
community. For the first time, schools and educators have
become targets. Village schools are being targeted for
destruction, with at least 24 being burned to the ground
last year. In one incident, the principal of a school in
Bugam, Mohammed Muzaffar, rushed to the school as it was
burning to the ground. He cried out that it was like his
home being burned. It was no ordinary school: built in
1948, it housed 3,000 books.
With schools on fire, teachers fearing for their lives and
books burned to ashes, the future is bleak for both young
and old in Kashmir, as is its economic security. It is in
all our interests that the crisis in Kashmir is recognised,
that the full force of our international community is
marshalled to support the UN in gaining access to Kashmir,
and that all our diplomatic relations are focused on
providing a resolution and respite for Kashmir.
12.25 pm
-
Mr (Ealing, Southall)
(Lab)
First, Mr Deputy Speaker, may I send through you my good
wishes to Mr Speaker on his birthday? There is a long queue
of people wanting to wish him a happy birthday, and it is
important to do so.
Two and a half years ago this House last debated Kashmir,
and this is only the second debate in nearly 20 years. I
declare that I am the chair of the Indo-British all-party
group, and a person of Indian origin who was born
in India, studied there, and then came
here. I do not know how many Members have visited Kashmir;
I think that, between my schooldays and now, I have visited
Kashmir 14 times in my life, so I am quite familiar with
the economic, social and political conditions there. I am
not going to say anything that is hearsay; there will be no
vested interests or ill-informed information here. I say
that because I have seen practically what is happening and
has happened, and the political situation over there.
Having listened to previous speakers, I feel sad that we
are bringing together issues that are not linked at all and
that are not happening in the way they are being presented.
Let us look at the political situation. I strongly condemn
any violation of human rights. For the past 45 years I have
canvassed and campaigned on human rights issues.
When India has violated human rights, I
have criticised it—I have criticised India for many other traditions
that the Indian Government or people have failed
to tackle. That is why I feel strongly about the way we are
debating the Kashmir issue today: the questions that are
raised are untrue and not relevant to the situation.
-
(Rochdale) (Ind)
My hon. Friend mentioned that he has visited Kashmir 14
times, but does he accept that the Indian authorities make it exceptionally
difficult for British Members of Parliament to visit that
part of the world?
-
Mr Sharma
I am sure that happens. The reason is that when someone
wants to visit a place, they must be free of any prejudices
before they go. If they have declared beforehand what they
think is happening and publicly denounced it, no Government
would allow them to visit. Give me one example of a
Government who have allowed people to visit who have
previously criticised their country.
-
I thank my hon. Friend, who is well respected in this
House, for giving us his expertise. Does he at least accept
that by speaking up against human rights violations in any
country, one is not necessarily against that country?
-
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. Can I help Members who are going to speak shortly?
There is a danger that their interventions will take time
away from somebody else. I do not mind having the debate,
but Members must recognise that I want to treat everyone
equally.
-
Mr Sharma
I am not saying that that is not the way one presents the
argument or that that is not right. I am saying that no
Government or authority would allow people to visit if they
are not free of prejudice.
-
Will my hon. Friend allow me to intervene?
-
Mr Sharma
No, I will carry on. I am sure that my hon. Friend will be
speaking later. [Interruption.]
-
I am very grateful to my hon. Friend. I am chair of the
justice for Colombia group in Parliament. I criticise the
Colombian Government time and again, and they let me into
their country where I criticise them again.
-
Mr Sharma
Let us look at what has been happening since 1947. In 1948,
after a line of control and a ceasefire were
declared, India and Pakistan advocated that
they should be part and parcel of the negotiations. In 1965
and 1971, India was attacked in an attempt to
change that line of control. Again, in 1999, Pakistan tried
to seize an opportunity to redraw the internationally
accepted line of control. In total, that happened three
times: in 1965, 1971 and 1999.
Having been unsuccessful in full-scale military manoeuvres
to take control of more of Kashmir, subversive elements
within the Pakistani Government have, since the millennium,
turned towards terrorism to further their ends. In 2004,
Pakistan made a public commitment to prevent terrorist
groups from using its territory to plan, prepare or launch
attacks against India. Since then the Pakistani spy
agency, Inter-Services Intelligence—ISI—has been heavily
implicated in India’s most notorious terrorist
incidents, most notably the 2008 Mumbai attacks which left
nearly 200 dead.
That behaviour—[Interruption.] I will come on to Kashmir,
but I am giving some background. That behaviour is
regularly seen across Kashmir. Although the line of control
is demarked, fighters from Pakistan launch attacks across
the state. Those terrorist atrocities are perpetrated only
to destabilise the region. They do not help the people of
Kashmir or make anyone stronger. All they do is further the
misery of millions.
Since the 1948 riots, there has been an attempt to cleanse
the region of native people opposed to Pakistani
intervention. In the 1990s, we saw the most sustained civil
activity aimed at driving Kashmiri Pandits from the Kashmir
valley. In 1947, a quarter of a million Pandits lived in
Kashmir, now only around 20,000 remain. The majority live
in squalid camps in Jammu, desperate to return to their
homelands. They are unwilling to settle elsewhere and
prejudice their right to return.
The threat of communal violence looms large—an ever present
threat for millions. That is why we see images of soldiers
across Kashmir: they are there to protect citizens of all
stripes. People who want to go to work, school, or
university are allowed to do so only under the protection
of the Indian army. Without the protection
of Indian troops, we can see all too easily
what happens. The horrifying stories of brutality from the
Peshawar school attacks that left more than 132
schoolchildren dead or the assassination attempt on Malala
would not be so uncommon. Very few Members of this House
would have done anything but affirm the actions of the
British Army in trying to maintain the status quo in
Northern Ireland. The army is there to protect the border,
just as it did in Ulster, and, just as it did in Belfast
when it made sure that young boys and girls from Catholic
and Protestant families could continue to live the lives
that they wanted.
The National Human Rights Commission of India has freely criticised and
called for punishments when the rule of law has not been
upheld to a rigorous standard. That is not a level of
freedom allowed to those residents in Pakistan, which is
recognised as the world’s leading sponsor of terrorism.
The European Parliament observers had this to say after the
state elections in 2014—
-
Mr Deputy Speaker
May I just say to the hon. Gentleman that he has now been
speaking for nearly 11 minutes? I did suggest eight
minutes; we are now well over. I know that this is a very
important matter, but I want to ensure that everyone’s
voice is heard.
-
Mr Sharma
By working every day for a safer, more prosperous Kashmir,
the Indian Government are fulfilling their
commitment. The people desire a life unblemished by random
acts of terror, where they are free to pursue their own
dreams of education, employment and a peaceful life. Why
must we again listen to hyped media accusations rather than
look at the evidence of patterns of peaceful elections?
12.36 pm
-
Mr (Wycombe) (Con)
I rise to support the motion. I congratulate my hon. Friend
the Member for Bury North (Mr Nuttall) on securing this
debate and on the spirit with which he moved the motion. I
am very proud that we are having this debate—the second one
since I was elected—and that I am rising in support of the
position that I took in the previous debate on 15 September
2011.
I should also say that I am very proud of the Kashmiris in
the United Kingdom, and in Wycombe in particular, for the
dignity and determination with which they pursue this
issue, despite the difficulty of doing so and in the
context of the seriousness of the issues involved. I wish
to make three points to the Minister: the first is about
the intractability of the issue; the second about some
lessons from our own referendum; and the third about how we
might make progress.
It is the long-standing position of the Government that
this is a matter for the two independent nations
of India and Pakistan to resolve. I
have reliably found that in the Foreign Office gallows
humour is applied to this issue, which is known as the
graveyard of Foreign Secretaries. That is a matter of very
considerable regret. This issue of self-determination,
which we have seen in the United Kingdom, is not one to be
thought of as impossible to meet. We have just met it, and
this is a moment when the Foreign Office should know that
self-determination is not an issue on which no progress can
be made in the 21st century. It is not good enough to adopt
such a view. I am acutely aware, as is everyone here, that
this is a long-standing policy, which Governments of all
colours have held, so I mean no criticism of this
Government or this Minister. However, it is not good enough
to continue this policy for two reasons: first, it is
incumbent on all of us in this House to represent the many
thousands of people in our constituencies whose family
origins will be in India, Kashmir or Pakistan, and they
deserve to have their voices heard in this place and
internationally.
-
(Gedling) (Lab)
The hon. Gentleman is making a very important point. What
Kashmiris say to me, particularly those in Nottingham but
also from across the country, is that there needs to be a
much greater urgency from everyone to tackle this problem.
It has been going on for decades. The worry is that, in 10,
20, 30 or 40 years’ time, people will still be discussing
the same issue.
-
Mr Baker
The hon. Gentleman is absolutely right, and that is why I
begin with the point about intractability. The other reason
it is not good enough to adopt the current position is that
this is a legacy of the British empire and we should
acknowledge our historic responsibility. There is a
conversation to be had about world views and the
willingness of individuals to accept ancestral
responsibility, but that is perhaps for another day. Just
because it is difficult to make a stand on this issue does
not mean that it is not the right thing to do. It is right
for the British Government to make a stand on this
question.
Secondly, I have some questions about lessons that we might
learn from our own referendum. Those of us who are asking
for a referendum for the fulfilment of United Nations
mandates have to ask ourselves, what if we win, what if we
make progress and what if a referendum were held? I want to
make two points in particular. The first question is about
the collective basis on which a referendum could be held.
What would be the demos? Who would vote and on what basis
would the result be enforced? We know that in the UK there
are those who do not wish to accept the national referendum
result; we know, for example, that the Scottish National
party picks up on the point about how Scotland voted. These
will all be live issues in the event that a referendum is
held in Kashmir.
I appeal to all Kashmiris who work on these issues to give
serious thought to what the demos would be and on what
basis the result would be considered legitimate by all
parties, because the other issue—which is of foremost
seriousness—is that we saw passions run extremely high in
the United Kingdom, where politics generally proceeds no
further than harsh language. Given that we are dealing with
a region of the world where live conflict among major
nuclear-armed powers is a risk, we must ask ourselves how a
referendum in Kashmir would proceed peacefully not just
during the campaign but afterwards.
Finally on this point let me say something about unity and
division. I know that in Wycombe there are British
Kashmiris who voted remain, and perhaps many who did not
vote at all, who supported the fundamental principle that
we should have had a referendum. I am pleased and proud to
stand with them, united that as we go forward we should
have a referendum for Kashmir.
The third point is perhaps the most contentious: how should
we make progress? The hon. Member for Ealing, Southall (Mr
Sharma) described as untrue some of the things that the
House has already heard in the course of the debate, and
this is a very important point. At different times, we have
heard Pakistan accused of state-sponsored terrorism,
and India accused of using
inappropriate weapons, of gang rape and of murder. I do not
wish to see either nation slandered and, of course, the
crucial difference between a valid charge and a slander is
truth. When it comes to making progress, I appeal to
everyone to focus relentlessly on objective fact, and to
the Government to facilitate that.
I know what I have seen with my own eyes in the videos that
have been shown to me. I have seen what is purported to
be Indian soldiers beating a confession
from a man and what is purported to be Indian soldiers killing a man in the
rubble of his own home in Kashmir. They are images that I
would prefer never to have seen and that I would never wish
to see again, but the crucial question is whether they are
a set-up, or propaganda, or whether they are true.
-
(Walthamstow)
(Lab/Co-op)
rose—
-
Mr Baker
Will the hon. Lady bear with me a moment?
If the videos are true, Kashmir is a matter for the whole
world. The most commented on videos on my YouTube channel
are from the beginning and end of the 2011 debate on this
subject. The overwhelming consensus is that we should stay
out of Indian affairs, but if these allegations
are true the whole world cannot stay out of Kashmir and
of India and Pakistan’s affairs.
-
rose—
-
Mr Baker
I will not give way, because I am being encouraged to wrap
up.
I understand that the Foreign Office thinks that this issue
is intractable, but we have seen in our own country that it
need not be. Yes, there are lessons to be learned and the
Government can facilitate them, but for goodness’ sake let
us recognise that if even a fraction of the allegations
being made are true this is an urgent and pressing issue
for the whole world.
12.44 pm
-
(Birmingham,
Ladywood) (Lab)
The House will know of my long-standing interest in
Kashmir. Many thousands of British citizens of Kashmiri
extraction have made their home in my constituency, and I
take an interest on their behalf, but I have a more
personal interest as my family originates from Kashmir. All
four of my grandparents were born in Kashmir before my
family moved to this country, so this debate has very
personal resonance for me.
The hon. Member for Bury North (Mr Nuttall) has already set
out the background to this long-standing dispute and I pay
tribute to him and to others who led the charge to secure
today’s Backbench business debate.
We have heard already that this is a long-standing dispute
between two nuclear-armed powers in one of the world’s most
heavily militarised regions. It does not receive enough
attention anywhere outside the region, and certainly not in
our own country given the size of our British Kashmiri
population; it certainly has a lot of from that population,
but not enough from those outside it. I therefore pay
tribute to all the doughty campaigners from all parties who
have taken every opportunity available to raise this
serious matter in the House of Commons and to press both
our current Government and previous Governments to do more
to help to build a resolution to this long-standing crisis.
The further push for debate on Kashmir has come as a
particular result of the upsurge in violence and fighting
in Indian-administered Jammu and Kashmir
since last summer. We see the unacceptable failure of the
whole world, the refusal to give effect to UN resolutions
and the denial of respect for the self-determination of the
Kashmiri people playing out in the worst possible way.
People have lost hope and are rising against that loss of
hope to try to force to have their rights be respected.
That significant upsurge in violence has elicited a brutal
response from the Indian authorities. I am afraid that I
wholeheartedly disagree with my hon. Friend the Member for
Ealing, Southall (Mr Sharma). I do not believe that it is
possible to minimise the extent to which the Indian authorities have acted in a
disproportionate manner that has significantly harmed and,
indeed, created great tragedy for the Kashmiri people in
the region. This is the biggest uprising in two decades and
the brutality of the response of the police and security
services cannot be ignored. The fact that that is the case
is upheld by human rights organisations across the world,
including Human Rights Watch, whose world report for 2017
found clear evidence that the police and security forces
have acted with impunity, that there have been
extra-judicial killings and that mass rape has occurred.
All those things are not acceptable.
I concur with the comments made by the hon. Member for
Wycombe (Mr Baker). Of course, there will be questions
about the veracity of the videos we will see on YouTube, on
Facebook and elsewhere on social media, but there should be
an open investigation to prove the veracity of the videos.
If they are true—I believe that they will be found to be
true—there are big questions for the Indian Government to answer.
I have to say to my hon. Friend the Member for Ealing,
Southall that the big difference between the Indian Government and other Governments
that commit human rights abuses is that India is the largest democracy in
the world. Being a democracy is not simply about giving
people a vote to decide their Government. It includes much
more. It is about fundamental respect for the rule of law
and for basic human rights that must be protected and that
sit alongside the ability of the people to elect their
Government.
-
Will the hon. Lady give way on that point?
-
I am afraid that I would be doing other Members out of
their time if I gave way. I apologise.
The use of pellet guns has been mentioned. This is a
significant issue for the Indian Government, and our Government
must press them more on it. The Indian defence for the use of pellet
guns to see off protestors who they say are throwing stones
is that pellet guns are non-lethal. Of course, a pellet gun
will probably not kill, but I defy anyone to see the
pictures of the victims of pellet gun attacks and say that
that is a proportionate response against civilians in a
democracy. It is not, and I do not believe that anybody
would stand up in this House and say that it is.
When we debate Kashmir, people who speak more in favour of
the Indian Government’s stance will often
say that the position of those who live in Jammu and
Kashmir is better because they are able to vote, they are
free to take part in the democratic process and they are
basically free, and that self-determination is not
necessary because they are a free people, freely electing
their own local leaders with a significant devolution of
power. Nobody—not one person—in Jammu and Kashmir has voted
to be hurt, injured, beaten up, raped, blinded or killed.
Pellet wounds are brutal. They are a brutal response by
the Indian authorities and send a brutal
message to the Kashmiri people. They leave brutal scars,
which are not just carried by the individuals who bear the
physical scars but are borne by the whole community in
Jammu and Kashmir itself and all around the world by those
of us of Kashmiri extraction. They are a symbol of the
population’s repression, its desire to resist that
repression and its cry to be heard.
That cry is falling on deaf ears in the largest democracy
in the world, which wants to do more business with the rest
of the world and play a greater role in world affairs. That
position is simply not acceptable and our Government must
not shy away from making that plain, especially in relation
to the use of pellet guns. Tremendous, appalling, sustained
and deliberate misery has been visited on the people of
Kashmir for too long. The stories of disappearances and the
discovery of mass graves have brought no official UN-led
investigation whatever. The police and the security forces
have impunity, especially given the implementation of the
Special Powers Act of 1990. If a people are humiliated,
abused and allowed to lose hope, and offered only despair
in turn, and given no answers and no rights, there will an
uprising. It is inevitable.
None of us as responsible legislators, also working in a
democracy, can watch these events unfold and sit on our
hands. We can do more. The legacy of empire demands that we
do more. We have a duty to speak out more regularly. We
have a duty to challenge as well as to encourage both
the Indian and the Pakistani authorities. I
have to say to the Minister that the written answers to the
questions tabled, particularly last summer, are so bland it
is as though these matters are a daily occurrence that can
be ignored. That is not good enough. There are other
disputes in this world that elicit much stronger responses
from the Government when Members of this House table
written questions. That has not been the case in relation
to the dispute in Kashmir. In particular, there has been no
definitive answer on whether the Prime Minister
specifically raised the issue of human rights abuses with
the Indian Government. It is not enough to
tell us that the issue of Kashmir was raised. We need to
know whether the human rights abuses and the use of pellet
guns were raised.
I believe that it is now incumbent upon the British
Government to make a clear call to raise this issue at the
United Nations and to ask for an independent, UN-led
investigation into human rights abuses, so that we can at
least demonstrate that although some parts of this world
see this as a forgotten conflict, or a conflict they want
to be forgotten, we will never forget it and will keep
fighting.
12.53 pm
-
(Harrow East)
(Con)
It is a pleasure to follow the hon. Member for Birmingham,
Ladywood (Shabana Mahmood). I commend my hon. Friend the
Member for Bury North (Mr Nuttall) for the calm and
measured manner in which he introduced the debate. I hope
that we can continue that throughout the debate.
No one in the debate has yet mentioned that 19 January 1990
was an evil day in the history of Jammu and Kashmir—the day
when 65,000 Hindus were forcibly expelled from the Kashmir
valley by Islamic jihadists, under the slogan, “Die,
convert or leave”. They forced only the men out. They said,
“Leave your women. We will convert them, we will rape them
and we will make them all Muslim.” One of the sad facts of
this largely forgotten area of conflict is that it has a
religious element as well as the aspect of where people
wish to live.
I had the opportunity in February last year to visit Jammu
and Kashmir. I went to Srinagar and to Jammu. I was
heartened by the fact that when I met people from all walks
of life in Srinagar, particularly those from the chamber of
commerce, they came with a series of opportunities,
including trade, hydro-electric power, agriculture, canning
goods to be sold across the world, as well as using the
beauty of the Kashmir valley to attract tourists to the
area. It is an area that we would all love to go and visit
and that we would all love people from across the world to
be able to go and visit. The one fundamental issue that
they all raised was that of safety and security.
The reality is that when we talk about the suffering in
Jammu and Kashmir, we have to concentrate on the human
rights abuses and violations against Hindus, Sikhs and
minority Muslims. The sad fact is that this has been used
as a means of ethnically cleansing this part of the world.
I hope when the Minister replies he will comment on the
fact that the European and Indian authorities identified terrorism
as one of the major sources of concern to both the European
Union and India. Jointly, in their communiqué,
they condemned the terror attacks in Brussels, Paris,
Pathankot and Gurdaspur and recalled the November 2008
terror attacks in Mumbai. They called for the perpetrators
of these attacks to be brought to justice. Leaders called
for decisive and united actions to be taken against ISIL,
Lashkar-e-Taiba, Jaish-e-Mohammad, Hizb-ul-Mujahideen, the
Haqqani Network and other internationally active terrorist
groups such as al-Qaeda and its affiliates. Those terrorist
groups all operate from Pakistan. They are along the
international line of control. They are infiltrating
terrorists into the sovereign state of Jammu and Kashmir.
We should remember that the fundamental element of this is
when Britain ceased to be the colonial power. The decision
on whether states opted either for Pakistani control or
for Indian control was left to each
independent state. The Maharaja Hari Singh, who was the
last ruling Maharaja of the princely state of Jammu and
Kashmir, signed the instrument of accession
to India, bringing the state
under India on 26 October 1947. We should
be clear that under international law, the whole of Jammu
and Kashmir is an integral part of India. It is the crowning glory
of India. As such, every other aspect that
has gone on after that date has been a violation of
international law.
Several hon. Members have alluded to the United Nations
resolution, and we must remember the detail: Prime Minister
Nehru took the issue to the United Nations in the first
place, seeking to get the Pakistani forces that illegally
occupied part of the sovereign state of Jammu and Kashmir
to leave. The UN resolution calls—this is the first
element—on the illegal occupying forces of Pakistan to
leave Jammu and Kashmir, then for the Indian forces to reduce to what is
required for security purposes and then, and only then, for
a decision to be made on a plebiscite for the people of
Jammu and Kashmir on what should be their destiny. Pakistan
has never accepted or complied with that UN resolution.
That is one of the fundamental reasons why we have this
challenge and problem today.
-
Mr Baker
My hon. Friend is making an articulate case, as always.
Does he think there is any chance of India engaging in
confidence-building measures with Pakistan on this point so
that that element of the resolution might ever be
fulfilled? Is India willing to give appropriate
assurances?
-
Clearly, I cannot speak for the Indian Government and the UK has ceased
to be a colonial power. We are not the power that will
tell India or Pakistan what to do and,
in that respect, I am concerned that the motion could be
misinterpreted in other parts of the world—[Interruption.]
I think that Mr Deputy Speaker will hold me to account if I
give way.
There have been numerous violations of the ceasefire along
the line of control, and a recent upsurge in violence,
which my hon. Friend the Member for Bury North mentioned.
Studies have found that the shells, GPS units and
everything else that emanated from the site where
those Indian troops were killed and murdered
came from Pakistan military use, so it is quite clear that
Pakistan was behind that conflict. The number of violations
across the line of control has been frequent and well
documented, and that needs to be understood. The recent
upsurge in violence resulted from the Indian forces eliminating Burhan Wani,
the Jihadi John poster boy of jihad.
The use of pellet guns and other human rights abuses have
been taken up by the state Government of Jammu and Kashmir,
who have had four debates on the subject. Those human
rights abuses have been called to account and will be fully
investigated, and any proven perpetrators will be suitably
punished. I think we can say that the sovereign state is
looking after those aspects. We want a peaceful resolution
to the situation so that the people of Jammu and Kashmir,
and Ladakh, can live in peace and harmony.
1.02 pm
-
(Bradford East)
(Lab)
I congratulate the hon. Member for Bury North (Mr Nuttall)
on securing this extremely important debate that, as
vice-chair of the all-party parliamentary Kashmir group, I
assisted in bringing to the House. I am privileged to take
part because the issue matters deeply to many of my
constituents and to me personally, as my family originates
from the state of Kashmir so I know the region well.
Although the seriousness of the issue means that I could
talk at great length, time does not permit so I will try to
keep my contributions to several key areas.
I believe that the most pressing matter is the longstanding
and ongoing human rights abuses taking place in the region.
Last summer and long after, we saw the devastating
deployment of pellet guns that resulted in the
indiscriminate maiming and blinding of hundreds of
Kashmiris, and the horrific photos of the aftermath of
their use, with pellets embedded in the bloodied faces of
demonstrators and children—images we would all like to
forget. But security forces did not stop there. Thousands
were injured, phone lines were cut, internet access was
constrained and the region was placed under a strict
curfew. We would expect such moves under a repressive
regime, not one with the hallmarks of a free, open and
liberal society.
The abuse then turned deadly, with the illegal use of live
ammunition by security forces on unarmed demonstrators
resulting in their deaths. Unfortunately, however, this is
nothing new. The reality is that human rights abuses have
gone on, largely unchecked, for decades in the region, as
is well documented by many well-respected human rights
organisations. Unaccountability for these crimes is rife.
If we are to address the abuses, we must first look at the
draconian Armed Forces (Jammu and Kashmir) Special Powers
Act, which allows the security forces to escape justice and
accountability. It was only ever intended to be invoked on
a temporary basis, but has continued in force since 1990.
It has been widely criticised by well-respected human
rights organisations, with numerous calls for it to be
repealed. I repeat those calls today because the Act grants
security forces in the region heavy-handed powers to kill,
arrest and search. It is because of the Act that there have
been near unspeakable horrors and abuses of human rights
including extrajudicial killings, forced disappearances,
tormented and tortured civilians, mass rapes, widowed wives
and orphaned children.
According to recent figures published in the Journal of Law
and Conflict Resolution, between 1989 and 2010 there were
almost 7,000 custodial killings. Some 118,000 civilians
were arrested, almost 10,000 women were raped or molested,
and as many as 10,000 Kashmiri youths were forcibly
disappeared. There is no doubt that such abuses are taking
place—I disagree with my hon. Friend the Member for Ealing,
Southall (Mr Sharma)—as they are well documented. To deny
that they are well documented is to go against many
well-respected human rights organisations and the evidence,
including video footage and photographs, that we have seen
with our own eyes.
-
Will the hon. Gentleman give way?
-
I may come back to the hon. Lady, but she knows that time
is very limited.
As has been mentioned, we must not turn a blind eye to
abuses that take place. We must not ignore them or just
stand by. We must send a clear message today that wherever
it takes place, injustice is injustice, and it will never
be tolerated.
The second important issue is that of self-determination,
specifically the right of the sons and daughters of Kashmir
to self-determination and the urgent need for them to be
able to exercise that right. A lot has been said about UN
resolution 47, calling for a plebiscite on the future of
the region. The resolution is crucial to the story of
Kashmir, past and present, but it is non-binding, which is
why the plebiscite has not yet taken place. However, I call
again for the implementation of that resolution, whether it
is called UN resolution 47, a free and fair plebiscite or
whatever we name it. The ultimate choice must be for the
sons and daughters of Kashmir to determine their own
destiny. They have waited for more than 70 years for their
voice to be heard and to make a decision on their future to
determine their lives. For more than 70 years, they have
been denied their birth right to self-determination. The
international community must do what is fair and proper,
allowing the sons and daughters of Kashmir their birth
right.
I am passionate about the subject and could go on, but time
is not permitting, so I will conclude. I have previously
asked the Minister in this House to condemn the human
rights abuses in the region. I ask him again today to use
this opportunity on behalf of the Government to condemn
those abuses. At the very least, Minister, please accept
that the abuses are taking place, and assure us that the
Government are doing everything they can to allow for a
peaceful resolution on the basis of the sons and daughters
of Kashmir determining their own destiny—something that is
very much overdue.
1.09 pm
-
(Bradford West) (Lab)
I congratulate the hon. Member for Bury North (Mr Nuttall)
on securing this timely and important debate.
It is said that in war there are no winners, only losers.
If so, the people of the Kashmir region have surely paid
too great a price. The UN resolution was passed in
1948—almost 70 years ago—and we seem no closer to
self-determination in the Kashmir region than we did then.
As we know, and as many have said and will say in this
debate, the last six months have seen nothing but backwards
steps. We have curfews; censorship; the wounding, maiming
and killing of civilians; the death of military personnel
on both sides; the economy crumbling; food shortages; a
refugee crisis caused by tens of thousands of displaced
civilians; and skirmishes along the line of control. We
have seen international pacts under threat, water
shortages, deep divisions on both sides of the line of
control, and progress well and truly in reverse.
As we all know, it has been the position of this Government
and of successive Governments that the issue of Kashmir is
for India and Pakistan to resolve at a
pace they see fit, and in a way they see fit, and that it
is not for our Government to intervene, suggest solutions
or mediate. But what, then, do this House and this country
stand for? We have loss of life, widely reported human
rights abuses and a United Nations that cannot gain genuine
access to the Kashmir valley. To our shame, although we
raise this issue with both sides, every time any member of
the Government has been challenged to raise it directly at
the United Nations, that request has, as far as we can
tell, been politely declined, politely deflected and
politely ignored.
Those who live in the region and those of us who follow
events in Kashmir closely know that a deep underlying
tension has scarred one of the most beautiful places in the
world. We have all seen the pictures and reports of the
oppressive and aggressive tactics that have been used to
silence dissent and squash civil unrest. But the people are
restless, and rightly so—it has been nearly 70 years since
partition, and they are no closer to being in control of
their own destiny.
The reports that have come out of the region have been
tragic and disturbing. Estimates put civilian deaths at
somewhere between 85 and 120. The number of civilian
casualties is estimated to be over 13,000, due to the
action by security services. We have seen communication
—internet and telephone services—restricted. We have seen
an attack on the free press, and particularly the Kashmir
Reader, which was banned from publishing for months.
Many have talked today about the use of pellets. How a
standard operating procedure of firing below the knee can
be used for a shell of pellets that have a 6 metre
dispersal range is a question for the ages. That is, by any
definition of the term, an indiscriminate use of force when
used in a crowd, and reports have shown that that is the
case in practice, with many civilians losing their eyesight
due to this modern form of crowd control.
One widely reported story that struck me was that of a
14-year-old girl who died of respiratory illness. She died
as a result of inhaling PAVA chili gas. For six days, she
lived with burns to her throat and lungs, and she
eventually passed away in a hospital on a ventilator.
The motion raises a number of issues that need further
consideration by the House. One is that the Government need
to do more at the United Nations to encourage the
de-escalation of tension, to encourage both sides to give
the UN access to the Kashmir valley and to assess the
reports of human rights violations.
-
Does my friend agree that one of the more constructive
things the Government could do is press for an independent
UN inquiry into human rights abuses? That has helped in
other situations around the world.
-
I absolutely agree that we need to push for an independent
inquiry.
We are not asking the Government to prescribe how Pakistan
and India resolve the entrenched issue
of peace in Kashmir, but everyone here will recognise that,
with the situation as it is on the ground—with civilians
being killed, oppressed and impoverished—there can be no
progress towards peace or a resolution. We have an
obligation to do everything in our power to help the region
return to a level of normality—I use that term
loosely—before any progress can be made towards peace.
The motion also recognises that, for there to be any
meaningful and lasting peace in the region, the people of
Kashmir have to have the freedom and security to make a
decision for themselves. We have long talked about the
self-determination of the Kashmir people, but under the
current occupation, and without robust and lasting local
representation, can we truly expect to reach a position
where the will and wishes of the people in this region are
not only heard but truly listened to?
When uprisings like this are met with excessive force, that
only further entrenches differences. These things have
played out many times since the 1990s; at the end, the
bodies of civilians are counted, and the people who survive
and who struggle to live in this region become further
embittered towards those they hold responsible for their
oppression.
It is in the interests of Pakistan and India to improve relations, for the
security and prosperity of the over 1.4 billion people who
live in those countries and the region as a whole. The
situation requires strong international leadership—not to
force India and Pakistan into a solution
but to invest in the foundations that can lead to a lasting
peace and to the self-determination of the Kashmir people,
and I call on the Government to take the lead.
We have a responsibility 70 years in the making. We as a
nation have a vested interest in both these countries. We
are intrinsically linked to both of them. We have had a
major impact on their history, and we must help them to
create a future. We have just signed a massive trade deal
with India. The China-Pakistan economic
corridor will have an impact on the wider world in terms of
trade, growth and prosperity. There is an international
perspective, and it is to our benefit.
I spent my teenage years in what is known as Azad Kashmir.
Azad, means “free”: free to go to the shops, free to play,
free to go out into the street, free to visit—free to go
wherever I, or my family, want. My family remain in Azad
and continue to enjoy the freedoms of Azadi, but the
children in occupied Kashmir do not have those freedoms.
They might not return if they go out. A son might not
return with his eyesight, and that will affect 70% of his
abilities as a human being—I know that from my experience
of working with disabilities. A young girl might not
return, and if she does, has she been raped and violated?
These things—these disabilities—are the reality of the
occupation in Kashmir. We cannot and must not abdicate our
responsibility. It will be quite frankly shameful if the
Government continue in their inaction.
I ask Members to support the motion and to call on the
Government to use the current climate to help push Pakistan
and India into more prosperous
diplomatic relations. I finish with the words of Martin
Luther King:
“Our lives begin to end the day we become silent about
things that matter.”
This House and this Government cannot remain silent on the
issue of Kashmir anymore.
1.17 pm
-
(Nottingham East)
(Lab/Co-op)
It is a tragedy in some ways that we are still here
debating this issue, although I am grateful to the
Backbench Business Committee and hon. Members for securing
the debate. Here we are again—I think it is a couple of
years since we had a substantive discussion of this matter.
As we heard from my hon. Friend the Member for Bradford
East (Imran Hussain), it is 70 years since the partitioning
of the region, where Britain, of course, had an integral
responsibility and role. It is for that reason that we
cannot wash our hands of this problem, just ignore it or
sweep it under the carpet. The UK has a long-standing duty
and responsibility to take an interest and to be involved
in this issue.
We have heard, of course, about the United Nations
resolution and the call for a plebiscite to solve the
issue, but nothing really moves forward. The frustration of
many of my hon. Friends in the Chamber is palpable. We do
not particularly relish having to come here to talk about
this issue time and time again, but we find ourselves
having to do so.
Decades on, we find ourselves talking about some of the
tragedies that are occurring. Yes, there are occasionally
brief spells of calm, but those are then broken by rising
tensions, by conflict and by the flare-up of issues. Often,
that is because funerals breach curfews that are put in
place, which in turn escalates the conflict in this heavily
militarised part of the world—and on and on the cycle goes.
We have heard a lot about the effects of pellet guns, for
instance; I am glad that many hon. Members have raised
that. The UK Government must make it clear that there are
appropriate and inappropriate ways to address civil issues
that arise on the streets.
Lots of different organisations and parts of the community
have a role to play, as well as the UK. The United Nations
clearly has a role. This issue should not be parked and
hidden away, often because there is very little media
coverage and not much information about what is happening
in this part of the world. India and Pakistan do not just have
a role—they have a responsibility to do more to move away
from the heat and the conflict in this situation to find a
better path to the future. Perhaps a wider regional
approach to finding peaceful solutions should be explored,
given that we see this in other conflict zones around the
world. Often where there are bilateral disagreements
between two countries in a region, trying to find ways of
saving face on either side is incredibly difficult, as we
have seen in the middle east, so there is an argument for
involving other parties and nations in that part of the
world to think about ways of breaking the deadlock.
The Kashmiri community themselves clearly want to have a
role, and they do have one: they are a very vocal community
in many of our neighbourhoods. As I have said to many
groups that press for attention to be given to human rights
and for self-determination in Kashmir, it would help
massively if they could all co-ordinate and work together.
That includes communicating with Members of Parliament,
because we are not getting information about what is
happening in that part of the world. Much more could be
done in the new ways in which we operate, even on social
media, to make sure that the wider community and
policymakers are aware of issues that arise, and effective
co-ordination would make a difference in that regard.
We need to start to think laterally about how to crack this
problem so that we are not here again in two years’ time.
What different mechanisms could be available to try to find
peaceful solutions? The UK has a role and should think
about promoting peacekeeping, which means encouraging
Governments to demilitarise and stop the attacks to take
out the tension and the heat; promoting peace-building,
which means reversing some of the destructive steps that
have been taken in recent years; and promoting peacemaking,
which means searching for negotiated resolutions where
possible. All these things can and should be taking place
simultaneously.
Leaders in India and Pakistan must all dial
back on aggression and not be provoked by individual
attacks, although that is of course difficult if they feel
that different governmental forces are behind, or alleged
to be behind, certain attacks. Normalisation of the
situation in Kashmir is absolutely essential so that we can
open the routes and channels for dialogue. As my hon.
Friends the Members for Bradford East and for Birmingham,
Ladywood (Shabana Mahmood) said, we must go back to the
rule of law as a matter of urgency, and have the
accountability for the police and the armed forces that has
been lacking in many ways.
I know there is a long-standing position in terms of the
Foreign Office’s policy on this, but I call on the Minister
and the UK Government to think about ways of promoting
conflict resolution and confidence-building measures
between the different sides—for example, a summit to learn
lessons about peacemaking tactics in areas where the UK has
been involved in times past. The conflict in Northern
Ireland was lengthy, and it took a lot of time to get
people around the table, sometimes not even in the same
building or the same room, but the UK Government have
expertise in this field and they should find ways of
applying it. It is also worth thinking about the potential
role of economic development and regeneration in
reciprocation for dialogue that we might want to have,
because that has worked in other situations.
I thank those from the Pakistani and Kashmiri community who
have made strong representations to me. On Friday 24
February, I will host a Nottingham roundtable on Kashmir,
trying to bring together, as independently as I possibly
can, all those with an interest in this issue to try to
drill down into what the community is looking for and the
solutions that might be viable, and then to make
representations to the Government. I am grateful for the
opportunity to make that point directly to the Minister
this afternoon.
1.25 pm
-
(Rochdale) (Ind)
It is a pleasure to follow my hon. Friend the Member for
Nottingham East (Chris Leslie), who made a very good and
solution-focused speech. I thank the hon. Member for Bury
North (Mr Nuttall) for securing and leading this debate.
I first visited Kashmir in 2011 just after I was elected to
serve Rochdale, a town with a vibrant Kashmiri community.
Kashmir was just as beautiful, and the people just as
welcoming, as I was told would be the case. Yet I knew that
this wonderful part of the world was wrought with fear and
tension. While I was there, I heard from people on the
ground about the human rights abuses regularly carried out
by the Indian army, and ever since I have kept
a close eye on the situation. The brutality of
the Indian army was seen in full force last
summer when unrest broke out in the region. The use of live
ammunition and pellet guns against crowds was entirely
disproportionate, as a number of speakers have described. I
thank my colleagues, in particular, for having already
raised those issues with our Government. Tensions are still
simmering away, manifesting themselves in small clashes
that could escalate in the foreseeable future.
In such circumstances, Britain really does have to step up
to the mark. We all know the old Pottery Barn rule: “You
break it, then you have to fix it”. Thanks to our long
imperial history there are plenty of broken pots all across
the world, from Palestine to Hong Kong to Kashmir. It is
therefore unacceptable for the British Government to wash
their hands of the matter, as they are currently doing.
While I accept that Pakistan and India must be at the forefront of
striking a deal, there is no reason why Britain cannot play
a more active role in mediating the conflict by bringing
people round the table and monitoring the human rights
situation in Kashmir. I understand that during the Prime
Minister’s meeting with Indian Premier Modi last November, the
issue of human rights abuses in Kashmir was not even
raised. Can the Minister confirm this? If true, what does
it say about Britain’s place in the world?
Earlier this week, the Prime Minister outlined her vision
for a “global Britain” that is confident across the world.
I welcome this ambitious vision for our country, but I have
my reservations. This new outlook cannot solely be about
forging trade links across the world. The promotion of
human rights and liberal democratic values must be at the
heart of British foreign policy if we truly wish to be a
positive global player. I worry that in the coming years
human rights will be pushed even further down the agenda as
the Government seek to secure Britain’s economic future. We
have a vastly expanded team working on international trade,
who I am sure will be keen to strike some sort of free
trade deal with India. I wonder what this will mean for
the people of Kashmir. It is perfectly reasonable for a
Prime Minister to raise sensitive issues like human rights
and territorial disputes behind closed doors, as many Prime
Ministers have done with their Indian counterparts previously, but I am
not confident that this will happen in future. I would like
the Government to provide me and Britain’s Kashmiri
diaspora with reassurances that settling the issue of
Kashmir will remain a substantive part of the UK’s dialogue
with India and Pakistan.
This is not just about India and Pakistan finding a
solution; Kashmiris must also be part of any future
dialogue. Britain should promote their voice in this
debate—a voice that is too often shut out. While we talk
about human rights today, it is important to remember that
the most important right for a people is the right to
self-determination. It is therefore incumbent on the
British Government to help the people of Kashmir to
determine their own future.
1.29 pm
-
(Sheffield,
Brightside and Hillsborough) (Lab)
I thank the hon. Member for Bury North (Mr Nuttall) for
securing the debate. The political situation in Kashmir
continues to be a long drawn-out conflict, ranging back to
1947. Since then, there have been occasional surges in
violence, leading to the deaths of hundreds of civilians in
the area. Although attempts at dialogue to resolve the
conflict have been made by both the Pakistani and
the Indian Governments, ultimately those
attempts have amounted to nothing substantial for the
people of Kashmir and their calls for self-determination.
In 2010, Kashmir saw one of its most brutal episodes of
violence when 120 civilians, most of them teenagers, were
killed at the hands of the Indian military. However, the violence
of 2010 was overshadowed by the tragic series of events
that we witnessed in the summer of 2016, which appear to
constitute a violation of human rights. The killing of a
rebel leader in Kashmir who was revered by the Pakistani
population and known as a terrorist by the Indian state resulted in hundreds of
Kashmiri citizens flooding to the streets in protest
against the killing.
Undoubtedly, such events are but triggers in this
long-standing conflict, which is perpetuated by a feeling
of frustration and anger among the Kashmiri community, who
have often found themselves restricted by curfews and
limits to their freedom of speech, and who have been, at
times, bullied and humiliated at the hands of Indian officials. The protestors threw
stones when confronted by the Indian military, and the retaliation by
the Indian military was staggering: they
used pellet guns in an attempt to disperse the crowds,
although the use of live bullets and CS gas was also
noticeable. By the end of August, after six weeks of
violence, some 6,000 civilians had been injured. Almost
1,000 of them suffered injuries to their eyes.
Let us be clear: pellet guns are seen as non-lethal crowd
control weapons, but they have devastating and long-lasting
consequences. In a report entitled “Lethal in Disguise”,
the International Network of Civil Liberties Organisations
and Physicians for Human Rights made it clear that pellet
rounds cause
“an indiscriminate spray of ammunition that spreads widely
and cannot be aimed”
and that they are
“likely to be lethal at close range, but are likely to be
inaccurate and indiscriminate at longer ranges”.
The report goes on to state that most countries
“prohibit the use of metal shot as excessively dangerous
but several countries, including Egypt and Bahrain, use it
regularly.”
It appears that we should add India to that list of states.
India is the largest democracy in
the world, with a thriving economy and an increasingly
educated population. I am therefore appalled by its
attitude to the use of such methods, which have such
damaging and, at times, life-threatening effects. In the
long term, such methods only sow feelings of anger and
resentment within the Kashmiri community that will no doubt
spill over when something else triggers a reaction.
In answer to a question that tabled on 14 December in
the other House, assured
us on 23 December that the Government of India are reviewing the use of
pellet guns in Kashmir. A recent report in The Independent
suggests that India will swap this non-lethal
method for alternative mechanisms. Although that is
welcome, India must make a clear commitment
that it will not use pellet guns, and that any alternative
crowd control mechanisms will be used proportionately and
in line with human rights laws and international legal
obligations.
India and Pakistan are both friends
of the UK, but we should use that friendship to drive
forward a policy of dialogue between them on the issue of
Kashmir, and to encourage respect for human rights, freedom
of speech and freedom of expression. I strongly condemn the
violence in Kashmir, and in particular the use of pellet
guns, which have devastating effects on civilians. Although
we welcome the review of the use of those weapons, it may
fall short of a clear commitment. As the UK is a member of
the UN Security Council, I urge the Government to raise
these human rights abuses at the UN and to call for an
investigation into them. As touched on by my hon. Friend
the Member for Walthamstow (Stella Creasy) in her
intervention, a wider review of human rights throughout the
world would be very welcome.
It is in everybody’s interest that dialogue
between India and Pakistan continues on the
issue of Kashmir so that a long-term sustainable solution
can be found to the conflict, which has already gone on for
too long. I therefore support the motion.
-
Several hon. Members rose—
-
Madam Deputy Speaker (Natascha Engel)
Order. Because of the number of Members who want to catch
my eye for this debate and the following debate, I am going
to drop the unofficial time limit—there is no official
limit on this—to five or six minutes, with 10 minutes each
for the wind-ups. Then we will come in just on time. If
Members could keep to that time, that would be great.
1.35 pm
-
(Sheffield Central)
(Lab)
I rise to support the motion and to congratulate the hon.
Member for Bury North (Mr Nuttall) on securing the debate.
Like many hon. Members present, I represent a richly
diverse constituency, the people of which owe their origins
to more than 120 countries. Those whose family roots are in
Kashmir are one of the largest groups. One of the many
advantages of having so many diaspora communities in my
constituency is that when we see issues around the world,
we feel them back home. For example, when the devastating
earthquake hit northern Pakistan and Azad Kashmir in
October 2005—killing around 90,000 people, leaving 3.5
million homeless, and destroying vital infrastructure—we
felt the pain in Sheffield, through friends and neighbours
whose families were in the region, and the city responded.
As well as offering immediate support, we set about raising
funds to rebuild the infrastructure. As a result of those
efforts, seven years later Sheffield College opened on a
wooded hill overlooking the city of Bagh—a community at the
heart of the quake that lost 10% of its population. I pay
tribute to my constituent Abdul Assim and all those who led
the fundraising.
Just as that link through the diaspora community gives us a
special responsibility for natural disasters beyond our
control, so it gives us a special responsibility for events
that we have shaped and that we can influence. The UK
clearly has a special responsibility, dating back to our
occupation of Jammu and Kashmir and the terms of our
withdrawal after independence in 1947, so events of the
sort that have occurred since last July should focus us all
again on seeking a settlement to one of the most
long-standing post-war grievances. The basis for that
settlement should be, as others have mentioned, UN Security
Council resolution 47, which was agreed almost 70 years ago
in April 1948, calling for a plebiscite to enable the
people of Kashmir to determine their own future.
The wave of protests and their suppression in the Kashmir
valley following the killing of Burhan Wani have been a
tragedy for the people of Indian-occupied Kashmir, and they should
have prompted a concerted effort by the international
community to reach a political solution. The Indian authorities have responded to the
wave of strikes, rallies, protests and demonstrations with
what looks to the whole world like disproportionate
repression. In November the BBC estimated that more than 85
protesters had been killed and thousands more had been
injured.
As many Members have said, of particular concern has been
the use of pellet guns by the Indian authorities. Those are guns that
fire shrapnel directly at protestors. As the BBC reported,
despite Indian soldiers supposedly being
required by their own standard operating procedure to
target only the legs, and to do so only in extremely
volatile conditions—the hon. Member for Wealden (Nusrat
Ghani) and my hon. Friend the Member for Bradford West (Naz
Shah) have described the nature of those weapons, which
make that standard operating procedure irrelevant—90% of
those who were injured received injuries above the waist.
Those were horrifying injuries, and many children were
blinded. That simply cannot go on.
I hope the Government will make the strongest possible
representations to the Indian authorities and support the
Amnesty International call for a ban on the use of pellet
guns, but we need to go further and actively seek a
political solution. When I tabled questions to the
Minister, for whom I have high regard, in September, he
confirmed that
“The longstanding position of the UK is that it is
for India and Pakistan to find a
lasting resolution to the situation in Kashmir”.
Of course that is right, but it is not enough. In other
situations around the world, where we see the sort of
injustice that exists in Kashmir, and we see it exploding,
as it has recently, the international community tries to
bring pressure to bear on the protagonists to seek a
solution, and to engage all the key stakeholders in
realising that solution. That is why I asked what the UK
Government were doing within the United Nations and the
Commonwealth to seek action. Frankly, the Minister’s reply
that he had had no discussions and that:
“The United Kingdom does not intend to support an
international conference or a plebiscite on Kashmir in line
with UN Security Council Resolution 47”
Is unacceptable.
I ask the Minister to think again. The UK played a part in
creating the problem; let us now play a part in finding a
solution.
1.41 pm
-
(Batley and Spen)
(Lab)
I thank the hon. Member for Bury North (Mr Nuttall) for
bringing the debate to the House today. I also congratulate
my hon. Friend the Member for Birmingham, Ladywood (Shabana
Mahmood) on her detailed and passionate speech and my hon.
Friend the Member for Bradford West (Naz Shah) on the
determination and clarity in her speech.
Like many other hon. Members, I have been horrified at the
ongoing violence in Kashmir and I know that trying to get
peace for the region is enormously important to a great
number of my constituents. A couple of months ago, my hon.
Friend the Member for Islington South and Finsbury (Emily
Thornberry) came to Batley and Spen in her role as shadow
Foreign Secretary. Speaking to a packed hall in our
Pakistani Kashmiri Welfare Association centre, we heard
heart-breaking stories from my constituents, who were
stressed and anxious about friends and loved ones in the
region. Their anxiety was intensified by frustration at the
seeming lack of political will to resolve the crisis. If
the Minister had been in the hall that afternoon, he would
have been left in no doubt of the urgency of the situation.
A number of constituents have also contacted me in the
lead-up to this debate, all stressing their desire that
peace be agreed in the short-term and that
self-determination for the people of Kashmir be negotiated
in the long-term.
As we know, the UK’s long-standing position on Kashmir is
that it is for India and Pakistan to find a
genuine political solution, while respecting the wishes of
the Kashmiri people. The Prime Minister has previously
stated that it is not for the UK to prescribe a solution,
or act as a mediator. That said, we cannot ignore the
urgency of the situation. We are considering two nuclear
powers with a volatile history of mistrust, violence and
brinkmanship.
As the Minister will know, under the partition plan of
the Indian Independence Act 1947, Kashmir
was free to accede to either India or Pakistan. Time does not
permit me to give a full history of the Kashmiri conflict,
but we cannot avoid the fact that there is a very clear
link back to the conflicts there and the decisions made
here. We have a moral duty to encourage Pakistan
and India to commence peace
negotiations to establish a long-term solution on the
future governance of Kashmir, based on the rights of the
Kashmiri people to determine their own future in accordance
with the provisions of the UN Security Council resolutions.
So far, we have not done enough.
For example, the Prime Minister had a unique opportunity to
raise human rights abuses in Kashmir when she met Prime
Minister Modi in November. We have heard in a reply to a
parliamentary question that the Prime Minister discussed
Kashmir with the Indian Prime Minister, but sadly we have
no information about what was said or agreed.
However, we know that the Prime Minister engaged in a charm
offensive to secure a lucrative trade deal
with India. My concern is that the Prime
Minister’s anxiety to secure a trade deal may have diluted
her comments on Kashmir. With that in mind, I would be
grateful if the Minister expanded on what the Prime
Minister raised with her counterpart and the responses she
received.
Did the Prime Minister raise the arbitrary and excessive
force carried out by the Indian security forces? Can the British
Kashmiri people be assured that their Prime Minister took
meaningful steps to leave Modi in no doubt that the recent
conflict is completely unacceptable? Amnesty International
has stated that the excessive use of violence violated
international standards and worsened the existing human
rights crisis in the region.
The flare-up of violence that the world has witnessed since
July 2016 has shocked us all: a devastating loss of
civilian life and injuries counted in their thousands;
closure of universities and schools; general strikes;
curfews and the closure of media outlets and mobile phone
services. As we have discussed, the authorities’ use of
pellet guns has left people blind and with other severe
injuries. Lives have also been lost. I wholeheartedly
support Amnesty International’s call for a ban on the use
of pellet guns against stone-throwing protesters.
The injuries that pellet guns leave are devastating. Insha
Mushtaq who, at just 14 had dreams of being a doctor, is
now blind, possibly for the rest of her life. When hit by
the bullet, Insha was sitting by a window. She wants to
know what she did wrong. My constituent, Amjed, told me of
the state of anxiety his family live in every single day.
Some are lucky enough to have made it out of Kashmir to
Pakistan, others are left living in fear. The women and
girls in his family do not leave the house for fear of
being raped or attacked. The menfolk have to tell family
members precisely where they are going in case they never
return.
It is no wonder that women and girls do not leave the
house. According to Asia Watch and Physicians for Human
Rights, rape by Indian police and the armed militia is
commonplace throughout Kashmir. The victims are generally
poor women and those who are vulnerable and low caste, and
tribal minority groups. Vicious acts routinely go
unpunished.
The British Kashmiri community in my constituency has been
at pains to stress that they want a peaceful solution. The
lives of their friends and families in the region rely on
it. We must continue to call on all parties to engage in
meaningful dialogue to break the cycle of violence and
breaches of international human rights on the Indian side of the line of control in
Kashmir, and seek a lasting bilateral resolution. The
wishes of the Kashmiri people must be at the forefront of
those negotiations, because the world is watching.
1.47 pm
-
(Luton North)
(Lab)
It is a great pleasure to speak in this important debate. I
congratulate my hon. Friend the Member for Batley and Spen
(Tracy Brabin) on a fine speech. She is a great addition to
the House and I welcome her to it.
Much has been said that does not need to be repeated, but I
commend so many of the serious, weighty and important
speeches and I hope that the Government are listening. Like
many hon. Members here today, I represent several thousand
Kashmiris in my Luton North constituency. Many came to
Luton decades ago, but they have not forgotten the painful
experiences of their fellow countrymen and women, which
continue to this day. Indeed, in recent months, those
experiences have got worse, and we must all stand against
the violence and human rights abuses that are being
inflicted on the people of Kashmir.
The Government must be pressed to do more in international
forums to secure an end to those abuses. I have spoken in
previous debates on the subject in the Chamber and have
been with other hon. Members to the Foreign Office to make
representations to Ministers and to press them to use their
influence to help eliminate the human rights violations as
a first step to resolving the Kashmir dispute once and for
all.
I have visited Kashmir. I have been to Mirpur and the town
of Kotli, where many of my constituents come from. The
region is therefore not just a distant continent to me. As
the hon. Member for Bury North (Mr Nuttall) pointed
out, India and Pakistan are nuclear
powers, and Kashmir is prime source of tension between the
two countries. It is therefore of the greatest interest and
concern to the wider world to find a solution to the
Kashmir dispute to make the world a safer place.
I have had many meetings in Luton with Kashmiri
constituents. Although all are united in wanting freedom
for the people of Kashmir, there is a range of views about
what its future should be. Some believe that Kashmir should
simply become part of Pakistan, and doubtless others will
want it to remain to part of India, while yet others want it to be an
independent state. However, the concept that unites all of
them is that Kashmiris should decide their future for
themselves; that there should be self-determination. I
support the Kashmiris in that aspiration. They should
determine their future and we should support them.
1.49 pm
-
(West Ham) (Lab)
According to Reuters, at least 80 civilians were killed
by Indian forces between July and December
last year, many of whom were participants in protests. The
protests began on 8 July after the death of Burhan Wani,
the popular leader of the largest Kashmiri independence
group. The authorities imposed a curfew, and disabled
internet access and mobile phone networks, but this did not
prevent an escalation. Both tear gas and live ammunition
were used to disperse large crowds and groups of
stone-throwers.
There have been expansive contributions in the Chamber
about the indiscriminate use of pellet guns to disperse
protesters. Pellet guns have the predictable effect of
blinding those they hit. At close range, the hundreds of
projectiles they fire can carry enough kinetic energy to
penetrate skin and organs. They can therefore be fatal if
fired at much of the body. A very large number of pellet
injuries have been to the face, with 570 people seeking
treatment for eye injuries at the main hospital in Srinagar
on 8 November. According to hospital’s figures, more eye
surgeries were performed in the three days between 10 July
and 12 July than throughout the whole of the previous three
years. That cannot be right.
Many children are among those who have lost their sight as
a result of such tactics. In the case of 13-year-old Mir
Arafat, the pellets penetrated deeply enough to become
embedded in his blood vessels, neck, oral cavity, lungs and
heart. In the case of Junaid Akhnoon, also 13, the pellet
injuries to his head and chest were severe enough to kill
him. At a minimum, this is evidence that insufficient care
is being taken to ensure that civilians are not seriously
injured by security forces’ tactics. It is also suggestive
of something far more serious: that the security forces in
the region are intentionally using tactics that blind
civilians to discourage protests against Indian rule. According to a spokesperson
for the state Government, the use of pellet guns is “a
necessary evil”. But it is not. It will never be necessary
for security forces to blind children to ensure the
restoration of order.
Both India and Pakistan have been
responsible for deaths from army shelling and military
raids across the line of control in recent months, in a
cycle of retribution that regularly claims civilian lives
in addition to those of soldiers. There are accusations
that Pakistan has used the popular unrest of ordinary
Kashmiris as cover for renewed attempts by proxy groups to
enter and further destabilise the border regions
under Indian control. I am sure that the
Minister, like me, is deeply troubled by these recent
reports, but equally disturbing is what goes on behind the
scenes.
Amnesty International cites the example of Khurram Parvez,
a prominent Kashmiri human rights defender who was arrested
repeatedly and held without proper process for a total of
75 days last year. Eventually, his detention was ruled to
be arbitrary and illegal by the Jammu and Kashmir High
Court, and his release was finally secured following
international pressure on 30 November. I am pleased the
Minister is in his place and I beg him to hear that
international pressure does have an effect. The case of
Khurram Parvez is part of a pattern that human rights
organisations have been detailing for years, most
comprehensively in Amnesty International’s 2015
publication, “Denied”. Amnesty’s view is that the dire
situation the report describes remains largely unchanged.
Due process is still frequently denied both to those
accused of militant activity or support, and to those
victims—along with their families and communities —of state
security abuses. They never see any progress towards
justice and peace.
As we continue to work on these issues, we must ensure that
humanitarian concerns remain at the forefront of our minds.
It is clear that this conflict has gone on far too long.
The individual stories we have heard today are really
nothing new. Much of the conflict goes on away from the
eyes of the western world. I hope this debate will begin to
change things. I further hope that the Government will
renew their efforts: to create opportunities for productive
dialogue between India and Pakistan; to discourage
escalation and exert pressure against policies that allow
or encourage human rights abuses; and to facilitate,
wherever they can, a permanent settlement that gives
Kashmiris a genuine voice. To quote Mandela:
“It is so easy to break down and destroy. The heroes are
those who make peace and build.”
1.55 pm
-
(Carshalton and Wallington)
(LD)
I welcome this debate. I hope our Government, who in a
post-Brexit world are now very outward-looking and want to
develop their foreign policy, use Kashmir as a good example
of where they can use their new clout in a way they have
failed to do, I am afraid to say, in relation to Israel and
Palestine. I had assurances from the Foreign Secretary last
week that the Government were involved in all forums when
it came to Israel and Palestine, and were actively seeking
a solution to that conflict. What hon. Members did not
realise was that he meant the Government were not in fact
going to be sending any Ministers to the Paris conference.
That will no doubt be a subject of a future debate and it
would be inappropriate of me to focus on it in this debate.
We have heard many eloquent contributions from Members with
significant Kashmiri communities. They have run through the
historical analyses of the situation, and set out
distressing and harrowing descriptions of the injuries and
deaths that have occurred in Kashmir, and the human rights
abuses that Kashmiris have suffered. I will not repeat
them, but in the few minutes available I would like to put
some questions to the Minister. I hope he will be able to,
either off his own bat or through the inspiration of those
who assist him, provide answers to the questions during the
course of the debate.
Does the Minister accept that this is an international
conflict that requires the international community, and in
particular the United Kingdom, to assist in its resolution?
Does he support the idea of an international investigation
into the human rights abuses committed by the Indian army or any other alleged
perpetrators? Does he accept that as long as
the Indian army presence remains at its
current scale throughout towns in Kashmir, such allegations
will continue to surface regularly? Do the UK Government
challenge the Indian Government on the immunity
granted to its army? Do the UK Government challenge the use
of the pellets many Members have referred to? Do the UK
Government regularly raise the issue of human rights in
Kashmir? In the House of Lords on 12 December, my noble
Friend asked whether the
Prime Minister had specifically raised the issue of human
rights abuses in Kashmir in her discussions with Prime
Minister Modi, but he did not receive an answer. Finally,
what exactly is the role of China? We have not heard much
about China, but it is clearly one of the occupying powers,
albeit in perhaps the more sparsely populated areas. What
is China’s role in this conflict?
The hon. Member for Rochdale (Simon Danczuk) suggested that
the hon. Member for Nottingham East (Chris Leslie) had made
a solution-focused speech. I, too, want to put to the
Minister a possible way forward: the opening of the line of
control, so that family and cultural ties can be
re-established; the formation of a Kashmir forum to
negotiate what powers can be ceded by India and Pakistan to an autonomous
elected authority; the retention of Indian and Pakistani bases; and, some
years after that, a treaty to guarantee everything from
water to power provision for India and Pakistan, as well as the
strategic regional defence needs of the two countries. That
might be a way forward. I hope that the Minister will set
out the Government’s precise approach.
As others have stated, Kashmir is just another
long-standing dispute in respect of which the UK played a
central role in creating the conditions that led to
conflict and where it must now play an equally critical
role in finding a resolution. We must now hear from him how
he sees our role developing, what our role in the peace
process will be and how peace in Kashmir will be secured.
2.00 pm
-
(Birmingham, Hodge Hill)
(Lab)
It is a pleasure to follow the speech from the right hon.
Member for Carshalton and Wallington (Tom Brake), and I,
too, congratulate the hon. Member for Bury North (Mr
Nuttall) on securing this debate. I am proud to have been a
member of the all-party group on Kashmir for the 12 years I
have been in the House and to have been a secretary to it
in the past. I also pay tribute to the speeches from my
hon. Friends the Members for Birmingham, Perry Barr (Mr
Mahmood) and for Bradford East (Imran Hussain), who spoke
with particular power.
When I look back on the 12 years I have campaigned on this
issue in the House, I am afraid it is the lack of progress
on which I have to remark, not on progress that is worth
celebrating. Of course, there have been advances around
border controls, trade and transport, but the truth is that
today we are not one step closer to honouring that basic
requirement set out in the UN mandate all those years ago
to grant the right—not the privilege—of self-determination
to the people of Kashmir. Over the 12 years, among our most
urgent calls have been those for the free movement of human
rights observers and the media throughout the area of
Kashmir, and my goodness the events of the last six months
have underlined why we were so right to call for that. The
abuses perpetrated—with pellet guns, rape, chili
powder—have maimed, scarred and destroyed lives, and not
just among this generation; the memories of the abuse will
cascade down the generations, and that will not make the
solution or the arrival of peace happen any sooner; it will
make it tougher and slower.
In particular, we have to ask ourselves why we have learned
so much about these abuses not from the mainstream media
but from social media. I pay tribute to those who had the
courage to post news about the atrocities so that the world
and we in this House could not look away. We could see it
on our phones and on our screens. The BBC has at least
started to produce some coverage, but it is of no
comparison to the kind of coverage we used to see from
South Africa when I was a teenager or of the kind we see
from Israel and Palestine week in, week out. We have to
call on our media organisations to give us the benefit of
transparency so that the world might be forced to look at
what is happening.
The moral arguments for a solution are pretty clear and
have been well articulated this afternoon, and my hon.
Friend the Member for Birmingham, Perry Barr alluded to
some of the geopolitical demands for a solution too.
China’s new silk road strategy will see $4 trillion to $6
trillion of investment poured into the business of
integrating the Eurasian landmass. Indeed, yesterday in
Dagenham we celebrated the arrival of the first train
direct from China. This great continent is changing, and
relations between China and Pakistan are changing. If we
get this right, there is a tremendous economic prize ahead,
and the principal beneficiaries could well be India and Pakistan, but not if they
continue to pour money, arms and troops into the most
heavily defended and dangerous border on earth. That is why
both sides now surely have an interest in a solution and
why we in this House have a moral obligation to help push
that solution forward.
I have been part of a group of people in the House who have
argued for change for the last 12 years. It is time now for
some honesty and candour about whether that political
strategy is going to produce any more change or further
advance in the 12 years ahead. I do not think it will. We
in the House now have to look to other Parliaments around
the world—in Europe, the developing world, the US—and begin
to think about how we might construct an international
alliance of parliamentarians to call for change. We all
know about the limitations of the United Nations. It has
not made a lot of progress in the last 50 or 60 years. Do
we really believe it will make any more in the years ahead?
Let us take direct action now, as parliamentarians, not on
our own but in alliance with others who believe in the same
things we do, and let us together campaign for some basic
changes that we all want: the repeal of the special powers
Act, which is in clear breach of the UN obligation to
which India has signed up; a ban on
pellet guns, which many hon. Members have called for this
afternoon; free movement of human rights groups throughout
Kashmir; an investigation into the 2,200 mass graves that
we know are there; and, yes, finally, self-determination
for the people of Kashmir.
We have to make a choice in this House about whether we
stand on the side lines of this debate, as impotent
bystanders, or whether we are to be protagonists for
change, just as we were in South Africa and Burma. One of
my constituents put it to me like this:
“People of Jammu Kashmir seek a peaceful resolution of the
issue and want their country to become a bridge of peace
not a bone of contention between India and Pakistan.”
We in the House should support the motion and that basic
instinct.
2.05 pm
-
(Halifax) (Lab)
It is a privilege to follow that incredibly articulate
speech from my right hon. Friend the Member for Birmingham,
Hodge Hill (Liam Byrne). This has been an excellent debate,
and I pay tribute to all those who have made contributions,
particularly my colleagues from neighbouring constituencies
in west Yorkshire, which all have significant Kashmiri
communities. I also congratulate the hon. Member for Bury
North (Mr Nuttall) on securing this debate and on the
broader contribution from the all-party group on Kashmir,
which has sought to keep Kashmir on the political agenda in
the UK—with varying degrees of success, despite its best
efforts.
In preparation for today’s debate, I watched the recording
of the last debate on Kashmir, secured by , the then Liberal Democrat MP for Bradford East,
back in 2014. That, too, was a Back-Bench business debate.
It is a testament to the Backbench Business Committee that
it finds time for debates on issues often overlooked in the
day-to-day business of the House, so I thank it for
allocating time for this debate.
As I have already mentioned, many of my constituents are of
Kashmiri heritage, and so Halifax will always keep a close
eye on what is happening in that part of the world. Before
Christmas, I met a number of local residents at the local
Madni mosque for a constructive discussion about the
deterioration of the situation in Kashmir and to consider
what practical steps we could take locally. I mentioned
that one of the challenges was accessing the latest
information directly from the region—my right hon. Friend
the Member for Birmingham, Hodge Hill just made this point
too. We know that this is a consequence of the restrictions
on the ground, but I also worry that because this conflict
has gone unresolved for so long, it is overshadowed and
goes largely unreported by the mainstream media. It is a
challenge for us all to get it back on to those media
platforms. Even the Foreign Office, in a written response
to my hon. Friend the Member for Stoke-on-Trent South
(Robert Flello), said we had limited access to the Kashmir
valley, which made it challenging to obtain accurate
information on the situation there.
The House will appreciate, however, that, as others have
said, for some of those families in Halifax and other
communities throughout the UK, the problem is not that they
cannot access information—information comes directly from
their family and friends still in Kashmir; rather, the
challenge is their sense of helplessness on hearing just
how desperate the situation has become, feeling unable to
protect loved ones and unable to bring about the civil
protections and stability we need in order to keep people
safe and to work towards a long-term sustainable resolution
to the conflict.
Among other issues, we discussed at that meeting the role
constituents could play in securing a debate, so once
again, although we are all frustrated at how long this
conflict has gone on unresolved, that we are having this
debate in the main Chamber is a sign that a little progress
has been made. The Member who led the 2014 debate outlined
that the conflict was long standing and complex; as we have
heard today, he was not wrong. Kashmir is one of the
longest-running territorial disputes in the world, and the
region sits between two nuclear powers, so it is
astonishing to think that the world does not pay more
attention. Not only have we failed to make any progress
since that debate in 2014; the situation has deteriorated.
As the motion indicates, we have all grown increasingly
alarmed by the recent escalation of violence on
the Indian side of the line of control.
Depressingly, progress seems to have gone backwards.
I could spend a long time describing the incidents and the
timeline that have brought us where we are today, but a
number of Members have already done so, and I want to
focus, once again, on the human rights violations that are
taking place in the region. I am fairly confident that the
Minister will tell us that it is the UK’s
“long-standing position…that it is for India and Pakistan to find a
?lasting resolution to the situation, taking into account
the wishes of the Kashmiri people. It is not for the UK to
prescribe a solution or act as mediator.”—[Official Report,
18 October 2016; Vol. 615, c. 652.]
After all, that is what I have been told on a number of
occasions in response to both written and oral questions.
I appreciate the complexity of the issue, and I do not
believe that anyone here is asking the Government simply to
prescribe a solution to the problem of either India or Pakistan. Along with many
others, I believe in self-determination for the Kashmiri
people, and believe that only by empowering those who
actually live in Kashmir to determine their own future
through the ballot box will we bring about a long-term
solution. However, as a responsible member of the
international community, we have a responsibility to seek
to put a stop to human rights abuses, and that is the work
that I am asking the Government to undertake today.
When tensions escalated dramatically last summer, we saw a
sharp rise in the use of pellet-firing shotguns by
the Indian forces as a means of controlling
crowds. I will not go into that particular horror, and the
damage that those pellet guns have caused, because other
Members have already done so very articulately.
Back in 2008, Doctors Without Borders—MSF—published a
report. Although the research was undertaken a number of
years ago, the report makes the most comprehensive attempt
that I have found to map the health requirements of
Kashmiri people living in close proximity to the line of
control, in terms of both their physical and mental
wellbeing. I found it a harrowing read, and given that the
situation has only deteriorated since 2008,1 felt that it
was worth sharing some of its findings. The research
involved household surveys, conducted in person, in two
districts in the Indian-controlled region of Kashmir. Of
the 510 people who were interviewed, a staggering 86%
reported frequent confrontations with violence including
exposure to crossfire, 67% said that they had witnessed
torture, and 34% said that they had had personal experience
of forced labour. The report found that violence affects
nearly everyone living in Kashmir: 40% of interviewees said
that they had witnessed somebody being killed, and a
horrifying 13% said they had witnessed rape.
Inevitably, MSF concluded not only that the requirements of
the region were high in terms of physical injury as a
result of the conflict, but that the prevalence of
insecurity and prolonged violence had substantial
implications for mental health. A third of those
interviewed had contemplated suicide, and over a third had
symptoms of psychological distress. Within that, the level
of psychological distress among women was significantly
higher. The prospects of any economic regeneration of the
region are hopeless in those circumstances and in the face
of such conflict. Fifty-three per cent. of those
interviewed had had no formal schooling, and 24% reported
high or total dependence on financial assistance from
authorities or charities. I am struggling to find evidence
that the position has improved substantially since 2008.
Given that the sustainable development goals are high on
the world’s agenda this year, may I ask the Minister to
work with his colleagues in the Department for
International Development to explore all the ways in which
we can improve the situation in Kashmir? There is no way
that we can make progress in terms of education, health and
the alleviation of poverty, or support economic recovery,
unless the violence stops. Both Pakistan and India are world players and have
obligations in relation to the sustainable development
goals. How can we ensure that Kashmir does not get left
behind? I am one of the co-chairs of the all-party
parliamentary group for Fairtrade. One of the things that
we discussed at our meeting in Halifax was the role that it
might be able to play, and the direct link that my local
town could establish in supporting little independent
businesses in Kashmir that might stimulate economic
recovery.
I see that I am being encouraged to wind up my speech, so I
will leave it there. I look forward to hearing what the
Minister has to say in response to my contribution, and
those of other Members.
2.14 pm
-
(Strangford) (DUP)
It is always a pleasure to speak about human rights issues.
I congratulate the hon. Member for Bury North (Mr Nuttall)
on setting the scene so well. Members have made some
incredible speeches today about an issue that has clearly
fired them up.
It is well known in the House that I speak passionately
about human rights and the treatment of people in places
such as Kashmir and, indeed, places throughout the world.
Human rights in India are fundamental rights that
should include freedom of religion and freedom of speech,
but it is clear that they fall short of that on many
occasions. Although every individual has those rights
in India, Kashmir often experiences
violence, and the Indian army, the Central Reserve Police
Force and various separatist militant groups have been
accused of and held accountable for severe human rights
abuses against Kashmiri civilians. The problem is that they
have not been held accountable enough for some of the
things that they have done, and that worries us
considerably. I firmly believe that we in the House have a
role to play, and that we should use any diplomatic
influence that we have to bring about change. Indeed, part
of our role is to influence and ask for change.
Human rights are often defined as principles to which any
human is entitled, and the individuals who were targeted
with violence were therefore entitled to express their
religion, but because their religion was seen as a threat,
that turned upon them. The attackers are rarely charged,
and perhaps the Minister will give us an idea of how we can
make them accountable. With a strong nationalist leader and
Government, it is incredibly hard for justice to be
brought. It is also clear that the Government have little
interest in speaking out about atrocities. They are almost
like Nelson, closing one eye and seeing nothing that is
happening.
Certain ethnic minorities in areas of India, like Kashmir, are often exposed
to all sorts of human rights abuses. Smaller religious
groups such as Christians are often targeted. Christianity
is seen as a threat to Hinduism, and despite the existing
human rights policy that exists on paper in India, Christian minorities assert that
the authorities do not do enough to stop the brutal
violence against them. That violence is often perpetrated
by Hindu nationalists who harass, intimidate and attack
Christians to prevent conversions from Hinduism and
Muslimism, which they would see as a major threat in
destroying the Hindu faith and promoting Christianity. That
concerns me greatly. I have spoken about it before, and I
have taken the chance to do so again today.
The human rights policy does refer to freedom of religion,
but it also asks Christians in Kashmir if they feel free to
share their faith. No, they do not: when they are asked
that question they feel threatened and fearful, and they
need help. In August 2016, the BBC reported violent actions
taken against Kashmiri civilians and smaller minorities.
That violence included arson attacks on Christian churches,
and forced re-conversions from Christianity to Hinduism
which often involved violent assaults. Other reported
instances included sexual abuse and the rape of nuns and
young Christian girls. Members have already referred to the
systematic rape, abuse and sexual attacks on women and
girls in an awful, violent fashion, which is totally
unacceptable. Christian priests and other key religious
figures have been murdered. We in the House who engage in
the democratic process and have influence cannot sit by and
idly watch murders being carried out with no redress
without at least attempting to do something about it. There
must be thorough investigations, and there must be
accountability for these atrocious murders and the
genocidal campaign against Christians in Kashmir.
During 2008, anti-Christian riots perpetrated by Hindu
nationalists killed at least 50 Christian people, and arson
attacks were made on some 730 houses and 95 Christian
churches. These are not just statistics; they are the facts
of life for many people. Stones were often thrown with
force through people’s windows, and still very little was
done on their behalf. The police turned a blind eye.
Violent attacks against minority groups have been an
ongoing issue in Kashmir. I strongly believe that the
discrimination must come to an end, and that we must play a
part in that. It is often said in the House that evil
triumphs when good people do nothing, but that does not
make the point any less important. We must not ignore this
issue. Through the House, through the debate and through
our influence and our Commonwealth ties, we must do
something. We must stick up for those who cannot speak for
themselves. We must be a voice for those who look to us to
speak on their behalf.
The innocent people of Kashmir have faced murder, forced
disappearance, brutal attacks and the destruction of their
own homes. India and Pakistan have called
curfews to try to restrain the violence. General strikes
and protests have also been called to halt violence for a
limited time, but without success. Senior figures have
encountered an escalation of tension, which increases fear
of an escalation of conflict between both sides. That is a
fear that we have: we fear things could get worse. The
steps that have already been taken are not enough; we must
do more.
We must speak for all those whose cries are ringing today
in our ears. We in this greatest seat of democracy are
duty-bound to respond; we have the greatest opportunity to
speak on behalf of those people. Our voice has been, and
must continue to be, very clear from all parts of this
Chamber and all parties. We look to our Minister today to
outline action that will bring about change now. We must
change the policies in Kashmir. Those people need us to
speak for them, and I believe we are duty-bound to do so.
2.20 pm
-
Ms (Ochil and
South Perthshire) (SNP)
I congratulate the hon. Member for Bury North (Mr Nuttall)
on securing this important debate. We have heard some
magnificent contributions, some from those of us with roots
in India and Pakistan who speak from a
hugely personal perspective, and some from others who are
clearly speaking strongly and with such determination and
passion on behalf of constituents. I hope the feeling in
the Chamber will be hugely instructive to the Minister in
terms of the direction that Members would like the Foreign
and Commonwealth Office to take on future relations
with India and Pakistan and the issue of
Kashmir.
The Scottish National party fully supports this motion,
which calls on the Government to encourage Pakistan
and India to commence peace
negotiations to establish a long-term solution on the
future governance of Kashmir. It is absolutely vital that
we use the influence that we have as friends of both
nations to encourage people and authorities within Kashmir
to work constructively together to calm tensions and reduce
violence. In particular, the Indian authorities, both in New Delhi
and Srinagar, should be encouraged to engage in genuine and
constructive dialogue with moderate factions
in Indian-administered Kashmir and help
empower such groups over armed militants.
We wholeheartedly support the right of the Kashmiri people
to determine their own future in accordance with the
provisions of UN Security Council resolutions, and call on
all parties and the international community to recognise
that right. We urge the UK Government and the international
community to fully support UN Secretary-General António
Guterres in his efforts at mediation and serving as an
honest broker between India and Pakistan.
We understand that this is a difficult and long-lasting
issue and that Kashmir has been a disputed territory since
the partition of India and Pakistan in 1947, but
over the past year we have seen a significant and deeply
regrettable escalation in protest and violence. There was
considerable unrest in Kashmir throughout 2016,
particularly in Indian-administered Jammu and Kashmir,
beginning in July when Burhan Wani, a well- known and
popular militant of Hizbul Mujahideen, was shot dead by
the Indian security forces. As we have
already heard, his funeral drew 50,000 mourners, and in the
ensuing violence over 100 people were killed and 11,000
injured, a great many sustaining serious eye injuries when
fired upon by Indian police using “non-lethal” pellet
guns. We have heard much in this respect from many Members
in the Chamber today.
Human Rights Watch has called on the Indian authorities to launch an
impartial investigation into the use of both lethal force
and pellet guns. On 6 December, Physicians for Human Rights
issued a report accusing Indian police and paramilitary forces of
using excessive, indiscriminate force against protesters
and blocking medical care since the start of the current
protests. The hon. Member for Bradford East (Imran Hussain)
made an excellent point about human rights: wherever human
rights abuse occurs, we must call it out. But it must feel
to many people in various countries that we prioritise the
human rights of some over those of others; this cannot,
must not, will not continue.
We urge the Indian security forces to exercise much
greater caution and restraint in their methods of crowd and
riot control, including by discontinuing their practice of
firing pellet guns at protesters. The authorities must
allow full and unrestricted medical care in Kashmir and
above all facilitate treatment by specialist eye doctors to
the many people injured by these guns over these past
months.
At the same time, we urge organisers of legitimate protests
to deter their supporters from engaging in violence of any
kind. Although the level of unrest de-escalated over the
remainder of 2016, largely owing to the decisions of
separatist leaders who have gradually scaled down their
programme of shutdown and protests, local leaders have
promised more to come.
Of great concern are the continued clashes
between Indian and Pakistani forces which have
been ongoing for some time. There have been exchanges of
fire along the line of control, including the Indian artillery shelling on 16 December
that reportedly hit a school bus in Mohra, Kotli district,
in Pakistan-administered Kashmir, killing the driver and
wounding several children. Most recently, on 15
January Indian security forces killed three
militants in an operation described by the Pakistani
Ministry of Foreign Affairs as
“a continued act of state terrorism”.
This escalation in military action is of great concern, and
it would be wise for both Governments to reflect on their
actions and tone down the increasingly violent rhetoric.
Further to this military escalation, there have been
increasing and unprecedented suggestions that
the Indian Government are considering using
water as a means of applying pressure on Pakistan. Tension
in Kashmir should not be allowed to affect other aspects of
the India-Pakistan relationship, such as the
Indus waters treaty.
Pakistan is hugely dependent on the six rivers of the Indus
basin, all of which flow through India before reaching Pakistan. The
Indus basin provides drinking water and livelihoods to
almost three quarters of Pakistan’s population of 192
million. More than 95% of Pakistan’s irrigated land is in
the Indus basin, and farm income amounts to a quarter of
Pakistan’s GDP. In 1960, the two countries signed the Indus
waters treaty which guaranteed Pakistan’s continued access
to water and provides for inspections, data exchanges and
arbitration processes administered by the World Bank. The
treaty is regarded as the most successful example of an
international agreement on water and has survived three
wars without modification. However, India is increasingly threatening
to revise the treaty or to moderate Pakistan’s access to
water as a form of leverage. This is a deeply regrettable
act, which could have significant and dangerous
implications for the region.
Indian Prime Minister Narendra Modi held
a review of the treaty in September, outlining specific
treaty provisions which India could use to apply pressure
on Pakistan, and stated:
“Blood and water cannot flow simultaneously.”
Sartaj Aziz, foreign policy adviser to Pakistani Prime
Minister Nawaz Sharif, responded by saying that revocation
of the treaty would be considered an “act of war”.
On 12 December, the World Bank halted two Pakistani
and Indian arbitration processes under the
treaty, citing concerns that current tensions could
endanger the treaty. We urge all parties to uphold the
Indus waters treaty, both in letter and in spirit, and not
to use vital access to water as a means of diplomatic
leverage—that is just so wrong.
Within the scope of the treaty, any changes should be
mutually agreed through the proper channels and only after
very careful consideration of the humanitarian and economic
consequences for the people living in the Indus basin. We
encourage the UK Government and the international community
to provide all necessary support to the World Bank in its
arbitration of the treaty and to encourage India and Pakistan to resume
meetings of the treaty commission and to continue to
successfully implement the treaty provisions regardless of
tensions caused by other developments.
In conclusion, The SNP absolutely supports today’s motion
and this hugely constructive debate. The Government must
continue to encourage both Pakistan and India to start peace negotiations
as soon as possible. The Kashmiri people should be able to
determine their own future in accordance with the
provisions of UN Security Council resolutions. It is in
everyone’s interests that a long-term solution is found on
the future governance of the beautiful place that is
Kashmir.
2.29 pm
-
(Heywood and Middleton)
(Lab)
I thank the hon. Member for Bury North (Mr Nuttall) for
securing this important debate and the Backbench Business
Committee for granting it. The hon. Gentleman spoke very
eloquently on behalf of his constituents of Pakistani and
Kashmiri origin. I also thank all Members from across the
House for contributing to an excellent debate that has
highlighted many serious matters including human rights
abuses and the intensification of violence while advocating
the utmost need for conflict resolution instead of military
escalation and the brokering of talks between the Pakistani
and Indian Administrations.
We have heard powerful speeches on human rights abuses and
civil liberties, notably from my hon. Friends the Members
for Birmingham, Perry Barr (Mr Mahmood), for Birmingham,
Ladywood (Shabana Mahmood), for Sheffield, Brightside and
Hillsborough (Gill Furniss), for West Ham (Lyn Brown) and
for Halifax (Holly Lynch), the right hon. Member for
Carshalton and Wallington (Tom Brake), and the hon. Members
for Harrow East (Bob Blackman) and for Strangford (Jim
Shannon). The hon. Member for Wealden (Nusrat Ghani)
questioned the political will of the UN for a peaceful
resolution to the conflict.
The right to self-determination was mentioned by, among
others, my hon. Friends the Members for Bradford East
(Imran Hussain) and for Luton North (Kelvin Hopkins) and my
right hon. Friend the Member for Birmingham, Hodge Hill
(Liam Byrne). Calls for the Government to work to settle
the Kashmir situation were made, notably, by my hon.
Friends the Members for Bradford West (Naz Shah), for
Nottingham East (Chris Leslie), for Rochdale (Simon
Danczuk) and for Batley and Spen (Tracy Brabin).
An element of controversy was introduced by my hon. Friend
the Member for Ealing, Southall (Mr Sharma). Our historic
responsibility for Kashmir was highlighted by the hon.
Member for Wycombe (Mr Baker) and my hon. Friend the Member
for Sheffield Central (Paul Blomfield). The role of China,
to which not a great deal of reference was made during the
debate, was mentioned in particular by my hon. Friend the
Member for Birmingham, Perry Barr, my right hon. Friend the
Member for Birmingham, Hodge Hill and the right hon. Member
for Carshalton and Wallington. Many Members spoke
passionately on behalf of their constituents of Kashmiri
origin.
The Kashmiri people have seen a constant rise in conflict
over the past year. It is the worst spate of violence in
the region since 2010, when 110 people lost their lives.
Inside and outside this House, I and many others have
already called for a ban on pellet guns, tear gas and live
ammunition in civilian areas. Will the Minister update us
on the current situation in the Jammu region, with
particular regard to the police and the Muslim community?
Some 400 people in Kashmir have been detained
by Indian security forces under the
regressive Public Safety Act, which allows preventive
detention for offences detained by vague, overbroad terms
and violates international due process standards. Human
Rights Watch and Amnesty International termed it a “lawless
law” and called for the Indian authorities to end its use. If
people are suspected of committing offences, they should be
properly charged and given fair trials. Does the Minister
agree with that assessment of the PSA?
The region has seen the introduction and implementation of
numerous curfews over this disruptive period, the longest
of which lasted 53 days. Mobile phone services have been
down and media blackouts have been imposed, leading to
numerous protests, including a series of general strikes,
the closure of schools and universities and regular public
rallies against Indian rule. Of course, this is not a
one-sided affair. We also encourage Prime Minister Nawaz
Sharif and his Government to condemn and take immediate
action against abusive militant groups operating in Jammu
and Kashmir and other parts of India, which would be an important move
to help extinguish the conflict in the region. Will the UK
Government consider their future military aid and sales,
including programmes of military co-operation, to Pakistan
on the condition that it begins to take significant steps
to address attacks by militant groups in the region?
The nuclear arms race between the two countries is also of
concern and has escalated over the past 12 months. That
factor is intertwined with the relationship that either
side seeks to have with China or the new United States
Administration. Will the Minister update the House on
whether the Government have raised any issues with
the Indian or Pakistani Governments on the
matter of their substantial shift in nuclear arsenal
investment and testing?
The unrest has led to the tragic loss of over 80 lives in
violent clashes since the beginning of July, including a
police officer and 19 soldiers killed in a militant attack
on a security base. Sadly, the violence continues to this
day, with some 4,000 people wounded over this seven-month
period. The line of control is at the heart of the
divisional tension, with both countries cranking up the
rhetoric and levels of military action on the border. Given
the history of the line of control, what are the Government
specifically doing to counter that ongoing retaliation?
Even as recently as 2015, such action had disastrous costs
when Indian and Pakistani border guards
traded gunfire, leaving nine civilians dead and another 62
wounded.
As a symbolic destination for a first prime ministerial
trip abroad, we welcomed the Prime Minister’s visit
to India given our countries’ historic
ties and heritage. However, like many other hon. Members, I
want to know from the Minister what discussions the Prime
Minister had with Prime Minister Modi on that visit. The
visit came at the height of the current troubles, so will
the Minister tell us what progress has resulted from those
diplomatic talks? The Minister would find support for such
a question among his own Back Benchers, notably the hon.
Member for Wealden. In addition, will the Minister also
inform us whether the Foreign Secretary ever discussed the
letter sent to him just prior to the Prime Minister’s visit
by the shadow Foreign Secretary, my hon. Friend the Member
for Islington South and Finsbury (Emily Thornberry), in
which she raised the human rights and civil liberties in
Kashmir?
It should be stated for the record that Labour party policy
on Kashmir has not changed since we were in government: we
must allow all parties who are directly involved to
determine their future through peaceful dialogue and
co-operation. We also acknowledge the importance of the
work of international organisations, the UN in particular,
and their efforts to negotiate with all parties and member
states involved to bring India and Pakistan to the
negotiating table. We continue to encourage
both India and Pakistan to seek a
lasting solution on Kashmir in accordance with the
provisions of UN Security Council resolutions, which take
into account the wishes of the Kashmiri people. Their
wishes are fundamental to the success of the process and to
obtaining peace in the region.
Through the conflict prevention programme, the Labour
Government funded several projects designed to support
efforts to facilitate dialogue, which addressed the causes
and impact of conflict and proposed to improve quality of
life for Kashmiris. In 2010, an opinion poll was conducted
on both sides of the line of control for the first time
since the UN-brokered ceasefire in 1949. Despite the
complexity of the political situation, it found that there
are other clear concerns for the Kashmiri people, with 81%
saying that unemployment was the most significant problem.
Government corruption, poor economic development and human
rights abuses also polled highly. Kashmiri citizens wish
for an end to the indecision, the dispute, the division and
the disruption so that they can access economic prosperity,
good education and vital healthcare. Those should be the
main points of consideration in all dialogue and actions in
2017. The need for a rapid response to the situation in
Kashmir is now upon us.
I hope that the whole House and the Minister will agree
that the UN must be involved at every stage of the process.
On his first day in office, the new UN Secretary-General,
António Guterres, pledged to make 2017 a year for peace. I
hope those words lead to a rapprochement and then, step by
step, a long-term resolution between the two countries.
However, the first step must be the acceptance of the rule
of humanitarian law and the starting point for negotiations
between the bordering nations must be to uphold the UN
universal declaration of human rights, therefore ensuring
equal and inalienable rights for all Kashmiri people.
2.38 pm
-
The Parliamentary Under-Secretary of State for Foreign and
Commonwealth Affairs (Alok Sharma)
We have had a long, detailed debate with powerful speeches
from Members on both sides of the House, and I am grateful
to all hon. and right hon. Members who have contributed.
I congratulate my hon. Friend the Member for Bury North (Mr
Nuttall) on securing this important debate and thank the
members of the all-party parliamentary Kashmir group for
their commitment to the issue and for welcoming me to their
meeting in December.
As my hon. Friend the Member for Bury North said in his
speech, the region has a long, complex history. The
situation in Kashmir continues to attract significant
public attention and parliamentary interest in the UK, as
shown by this debate, not least because of the thousands of
British nationals with connections to Kashmir. An estimated
two thirds of British Pakistanis hail from
Pakistan-administered Kashmir.
Before I respond to the many points raised by right hon.
and hon. Members, I will briefly set out the Government’s
position on Kashmir and India-Pakistan relations. A number of
Members set out what they believe to be the Government’s
position, and I can confirm that what they said is
consistent with our position. It has been the long-standing
position of successive Governments of all hues, and the
hon. Member for Heywood and Middleton (Liz McInnes) has
also stated that the Opposition’s position has not changed.
India and Pakistan are both
long-standing and important friends of the United Kingdom,
and we have significant links to both countries
through Indian and Pakistani diaspora
communities living in the UK—I have many in my
constituency. We also have strong bilateral relations with
both countries, which we hope to make even stronger.
The long-standing position of the UK is that it can neither
prescribe a solution to the situation in Kashmir nor act as
a mediator. It is for the Governments of India and Pakistan to find a
lasting resolution, taking into account the wishes of the
Kashmiri people. In our discussions with both India and Pakistan, we encourage
both sides to maintain positive dialogue, but the pace and
scope of that dialogue is for them to determine.
I will address the issues in the order in which they came
up in the debate. First, on the violence across the line of
control, I agree that a strong relationship
between India and Pakistan is crucial to
maintaining regional stability and prosperity. I am pleased
that the escalation of incidents between India and Pakistan along the line
of control showed some signs of decreasing in the run-up to
Christmas, but there have been recent reports of renewed
activity this year.
A number of Members talked about combating terrorism. As
Members will be aware, following the attack on
the Indian military base in Uri last
September, the Foreign Secretary publicly condemned all
forms of terrorism in the region and stated that the UK
“stands shoulder to shoulder with India in the fight against
terrorism, and in bringing the perpetrators to justice.”
He reiterated that message during his visit to Pakistan
shortly before Christmas.
Following her visit to India last November, my right hon.
Friend the Prime Minister and Prime Minister Modi released
a joint statement in which they reiterated their strong
commitment to combating terrorism in all its forms and
manifestations. They also stressed that there can be no
justification for acts of terror on any grounds whatsoever.
The UK and Pakistan are, of course, also committed to
working together to combat the terrorist threat, and the
extremism that sustains it, in line with human rights. The
UK regularly highlights to Pakistan at the highest level
the importance of taking effective action against all
terrorist groups operating in Pakistan, as Pakistan has
committed to do. The UK will continue to encourage
both Indiaand Pakistan to ensure that
channels of dialogue remain open as a means of resolving
differences.
Many Members mentioned the use of pellet guns. I have said
in this House on a number of occasions that I am very
concerned about the violence in Indian-administered Kashmir, and I
extend my condolences to the victims of violence and their
families. I have also discussed the use of pellet guns and
alternative methods of crowd control with representatives
of the Indian Government. The use of pellet
guns in Kashmir has recently come under review by the
Government of India. The results of the review have
not yet been shared publicly, but I understand that
alternative methods are now being used. I believe that,
since September 2016, pellet guns have been replaced by
chilli powder shells as a preferred non-lethal crowd
control device. From media reporting, it appears that the
number of fatalities and injuries has since declined, which
I am sure the whole House will welcome. We will, of course,
continue to monitor the situation.
A number of hon. Members mentioned the Jammu and Kashmir
Public Safety Act, and we are aware of the concerns
regarding allegations of the immunity from prosecution
for Indian armed forces personnel
in Indian-administered Kashmir under the
PSA and the Armed Forces (Special Powers) Act.
The Indian Government have put in place a
mechanism that allows people to request that they
investigate such concerns, and we expect all states to
ensure that their domestic laws are in line with
international standards. Any allegations of human rights
abuses must be investigated thoroughly, promptly and
transparently.
I also understand that, on 11 January, Chief Minister Mufti
told the state Assembly that the Indian Government have ordered the
establishment of special teams to investigate the deaths of
civilians and to look at the involvement of police
personnel during the unrest over the past five months.
-
Mr Baker
On the face of it, it is very encouraging that those
investigations have been launched, but will the Government
take steps to make sure that there is international
confidence that those investigations can be relied on to
determine what is true?
-
Of course we continue to monitor the whole situation in the
region and, if my hon. Friend will allow me, I will talk
about the UN and other such matters.
The establishment of dialogue and confidence-building have
also been mentioned, and the UK already supports a number
of existing initiatives to encourage open dialogue between
Pakistan and Indiaon the basis that those attending
are able to share their views in confidence. We hope that
such opportunities will continue.
On the motion itself, my hon. Friend the Member for Bury
North calls for the British Government to raise the
situation in Kashmir at the UN. As I have set out, the
British Government believe that it is for India and Pakistan to find a
lasting solution to Kashmir, taking into account the wishes
of the Kashmiri people. Of course we stand ready to support
both countries in that goal, but it is not for the UK to
prescribe a solution or to act as a mediator. He made a
powerful speech in the Westminster Hall debate in 2014, in
which he said:
“The Governments of India and Pakistan are the
principal parties who can bring about a resolution of the
problem.”—[Official Report, 11 September 2014; Vol. 585, c.
365WH.]
That really is the case.
The UN and the United Nations High Commissioner for Human
Rights were raised by a number of Members. As a “permanent
five” member of the UN Security Council, and as a member of
the UN Human Rights Council, the UK is a long-standing
supporter of the office of the High Commissioner for Human
Rights, and I am aware that the high commissioner has
requested access to Kashmir from both the Indian and Pakistani Governments. Of
course we encourage all states to consider visits by the
high commissioner.
-
It is absolutely right that the UN High Commissioner for
Human Rights has extended that request, and Pakistan has
sent a letter saying that it will accept if India accepts. India has not got back to the high
commissioner. What will the Minister be doing to
encourage India to accept that request?
-
Let me reiterate the point I made to the hon. Gentleman,
which is that we encourage all states to consider visits by
the UN High Commissioner for Human Rights, and I know that
we have had this discussion previously.
We had a discussion about the Prime Minister’s visit
to India in November. Of course, as
Members would expect, she discussed a range of issues,
including on Kashmir, and I hope that will be a source of
reassurance to Members.
-
I would like the Minister to be a bit more specific and
confirm that “a range of issues” includes that of human
rights abuses.
-
The right hon. Gentleman should take comfort from the fact
that the subject of Kashmir was discussed by the two Prime
Ministers. It was a bilateral discussion and he, as someone
who has been in government, will know that we cannot
comment on private discussions. Today, we have also had a
discussion about the Foreign Secretary’s visit
to India, and of course he is also
discussing a range of issues, including regional security
issues.
Let me conclude by saying that the UK Government will
continue to encourage and support both India and Pakistan to find a
lasting resolution to the situation in Kashmir, in line
with the wishes of the people of Kashmir. We cannot,
however, mediate in the process. I am fully aware of the
strength of feeling about Kashmir among many people in
Britain, and of course in this House, and I am glad that
this debate has given me the opportunity to set out the
Government’s position. Once again, I thank right hon. and
hon. Members for raising issues today and for their
contributions.
2.49 pm
-
Mr Nuttall
This has been an historic debate, comprehensively covering
the extremely important matters relating to Kashmir. I thank
all 19 Members who have spoken in the debate and those who
have made interventions. I particularly wish to thank the
hon. Member for Ochil and South Perthshire (Ms Ahmed-Sheikh),
who spoke for the Scottish National party, and the shadow
Minister, the hon. Member for Heywood and Middleton (Liz
McInnes), for their contributions. I hope that in the light
of this debate, the Minister will reflect on the many
positive suggestions for action that have been made. I
commend the motion to the House.
Question put and agreed to.
Resolved,
That this House notes the escalation in violence and breaches
of international human rights on the Indian side of the Line of Control in
Kashmir; calls on the Government to raise the matter at the
United Nations; and further calls on the Government to
encourage Pakistan and India to commence peace negotiations
to establish a long-term solution on the future governance of
Kashmir based on the right of the Kashmiri people to
determine their own future in accordance with the provisions
of UN Security Council resolutions.
|