Human Rights: Kashmir

I beg to move,

That this House notes with grave concern the escalation of tensions between India and Pakistan, two nuclear powers, following the revocation of Articles 370 and 35A from the Indian Constitution in August 2019; further notes the United Nations reports of 14 June 2018 and 8 July 2019 on human rights violations in Indian-administered Kashmir and Pakistan-administered Kashmir; and calls on the Government to work with the United Nations, Commonwealth and wider international community to help ensure that international law is upheld and human rights are protected throughout India, Kashmir and Pakistan.

It is an honour to lead this debate on human rights in Kashmir, as the chair of the all-party parliamentary group on Kashmir. I extend my thanks to the Backbench Business Committee for granting this debate. Given that my hon. Friend the Member for Bolton South East (Yasmin Qureshi) and I applied for this debate back in March 2020, I wonder whether we might have reached a record for the time between something being approved and being debated. None the less, I am grateful that we can now debate an issue that is so important to many of our constituents.

The partition of India into India and Pakistan in 1947 and the cavalier manner in which the governance of Kashmiris was determined without them has led to 74 years of unrest, dozens of UN resolutions, and violence across the line of control and within Indian-administered Kashmir, or IAK, and Pakistan-administered Kashmir, or PAK.

Since I was elected chair of the APPG back in November 2018, its focus has been on the promotion of human rights in all parts of Kashmir. This followed the first ever report by the United Nations High Commissioner for Human Rights on human rights in Kashmir in July 2018. The report documented human rights abuses in both IAK and PAK, and concentrated in particular on the period between 2016 and 2018, following the unprecedented protests and violence that erupted after the killing of Burhan Wani, the leader of Hizbul Mujahideen, by Indian security forces in 2016—[Interruption.] I do hope that my voice will last till the end of my speech!

The abuses that the United Nations reported in the then Jammu and Kashmir state of Indian-administered Kashmir, and what it noted as the “root causes” that were fuelling local dissent, included the reported killings of civilians by off-duty police and army personnel with impunity; the failure to independently investigate and prosecute widespread reports of sexual violence committed by security services personnel; people reported disappeared with impunity; the detention of thousands of people, including children, under the Jammu and Kashmir Public Safety Act 1978, which, for the uninitiated, allowed the state to take a person into preventive detention without trial for up to two years; the obstruction of access to justice, through not just the 1979 Act but the Armed Forces (Jammu and Kashmir) Special Powers Act 1990, which gives security personnel powers to investigate and arrest without warrants, as well as protecting those personnel under law; and, finally, the obstruction of access to basic medical care for civilians.

The UN report concluded:

“In responding to demonstrations that started in July 2016, Indian security forces used excessive force that led to unlawful killings and a very high number of injuries...Civil society estimates are that 130 to 145 civilians were killed by security forces between mid-July 2016 and end of March 2018, and 16 to 20 civilians killed by armed groups in the same period. One of most dangerous weapons used against protesters during the unrest in 2016 was the pellet-firing shotgun, which is a 12-gauge pump-action shotgun that fires metal pellets.”

For PAK, the UN reported that

“the human rights violations in this area are of a different calibre or magnitude and of a more structural nature.”

For example, it identified that the Pakistan Government had control over the affairs of Azad Jammu and Kashmir and of Gilgit Baltistan. It identified that the interim constitution of AJK prevents anyone criticising AJK’s accession to Pakistan in contravention of international standards on the rights to freedom of expression, opinion, assembly and association.

Local people in Gilgit Baltistan have been forcibly displaced to make way for the China-Pakistan economic corridor.

Unfortunately, that pattern of abuse will be all too familiar not only to our constituents of Kashmiri heritage, but to those from the Punjab, where similar abuses are taking place. In Kashmir, in particular, it is a matter not only of enormous abuse of human rights but, given the security situation, of international concern because of the tensions. Should the international community not therefore intervene to try to resolve this issue?

We cannot say—this has been said on too many occasions—that this is just a bilateral issue. I will come to that point in a moment.

The last point that was raised is around the discrimination against ethnic and religious minorities. The UN report also noted that the number of armed groups that have been operating across IAK and which were also held responsible for human rights abuses, including kidnappings, killings and sexual violence. The report stated that, despite the Pakistan Government’s denial,

“experts believe that Pakistan’s military continues to support their operations across the Line of Control in Indian-Administered Kashmir.”

The human rights high commissioner made a series of recommendations to both the Indian and Pakistani Governments, and the primary one that covers both is that the rule of law and international human rights must be upheld. Both of these countries are signatories to the universal declaration and they must be upheld.

Specifically, the high commissioner recommended that India repeal the Armed Forces (Special Powers) Act 1958 and ensure that the 1978 public safety Act was compliant with international law. It was recommended that Pakistan amend the Anti-Terrorism Act 1997, bringing it in line with international human rights standards and safeguards as well as amend the interim constitution of AJK and other legislation that limits the rights of freedom of expression and opinion.

Let us fast forward to July 2019 when a second UN report was published. This was meant to be a progress report, but the high commissioner expressed real concerns that very little progress had been made. It noted that the political and military tensions between them, particularly as a result of the Pulwama attack in February, was having an impact on the human rights of Kashmiris on both sides of the line of control.

I thank my hon. Friend for giving way and for bringing this debate to the House. This week, Narendra Modi will be addressing the United Nations General Assembly. Does she agree that it is high time that Narendra Modi is challenged on the breaking of the UN conventions and on the reports of human rights abuses in Kashmir?

My hon. Friend is absolutely right that whenever and wherever there are human rights abuses—in whichever country, including our own—we should hold that country to account. That still needs to happen.

Accompanying the changes to India’s constitution, the Indian Government sent tens of thousands of Indian troops to the Kashmir valley, imposed a strict curfew and blocked all communications. In addition, initially hundreds and then thousands of people, including politicians, were detained. The National Federation of Indian Women claims that 13,000 teenage boys, some as young as 14, were imprisoned for up to 45 days, far away from their families.

During the weeks and months that followed, it was difficult to get accurate information about what was happening in IAK. There was an imposed media blackout and the Indian Government refused to allow independent observers to IAK, other than through those carefully choreographed visits. Despite that, there were reports of food and medicines shortages, and ongoing communication issues, especially for non-business purposes. Concerns were also being raised about the restrictions on access to essential healthcare as a result of the lockdown measures. Children’s education was severely disrupted, with parents afraid to let their children out of their sight. Although some of those detained have been released, thousands still remain in prison. In some cases, their families do not know where they are. On top of this, there are very concerning allegations of torture.

It is in this context that in early 2020 the all-party parliamentary Kashmir group decided that a delegation should try to visit IAK and PAK as early as possible in that year. The Kashmiri diaspora in the UK had raised concerns about family members still in Kashmir, and this is still a real concern for our constituents. Unfortunately, the Indian Government did not respond to the APPG’s request to visit. However, through the Pakistani high commissioner in London, to whom I express my sincere thanks, the Pakistani Government agreed to allow the APPG unfettered access to PAK in February 2020. We said who we wanted to meet and where we wanted to go, and that was followed.

I met members of Amnesty just earlier today, and they spoke about their concerns and their inability to do the vital work that they do in supporting human rights around the world because their offices and operations have been shut down by the Indian Government. Does the hon. Lady agree that we need to condemn that and support Amnesty to be able to do its very vital work?

Indeed. The APPG met Amnesty last autumn once we heard about that. If anybody is not familiar with it, please google what has happened; it is quite disturbing.

Amnesty International’s 2020 annual report cites how covid has been used by some countries to quell peaceful dissent, including in IAK and PAK. In IAK, journalists and human rights defenders were questioned for allegedly anti-national activities. The Indian police attacked or summoned 18 journalists for their reporting, and the offices of the Kashmir Times were sealed when its editor sued the Government after their shutdown of internet and telephone services in the region. In PAK last July, doctors peacefully protesting about the lack of security in the region were arrested.

In addition to the human rights issues, the stakeholders whom the APPG met or interviewed raised concern at the escalating tensions between India and Pakistan, and, latterly, India and China—all nuclear powers, making Kashmir a very significant security concern in the world.

The APPG discussed a number of recommendations for the international community, the Indian and Pakistani Governments, the British Government, and the APPG itself. The ones that we drafted in relation to the Government are as follows, and I would be very grateful if the Minister could respond to them: to provide Foreign, Commonwealth and Development Office funding to support track 2 diplomacy measures in Kashmir, as well as practical support for Kashmiri refugees; to offer support via the Commonwealth to facilitate crisis talks and peacebuilding in Kashmir; to make the commitment to and delivery of human rights explicit in all UK trade deals, including with India and Pakistan; and to make an annual statement to the House—it is about four years since the last debate on Kashmir on the Floor of the House—on the Government’s contribution to conflict resolution and peacebuilding in Kashmir. Fundamentally, Kashmir must be at the heart of a trilateral peacebuilding process with India and Pakistan.

Order. It will be obvious to hon. Members that a great many people wish to catch my eye and that we do not have very much time left this afternoon, so we have to begin with an immediate time limit on Back-Bench speeches of four minutes, which is likely to reduce soon.

The dispute over Jammu and Kashmir is clearly one for India and Pakistan to resolve. That has been the position of successive UK Governments of different political stripes and it is the right one. We should also keep in mind that the whole of Kashmir acceded to India when the country gained its independence in 1947, even if part of the area was subsequently seized and occupied by Pakistan.

The hon. Member for Oldham East and Saddleworth (Debbie Abrahams) raised a number of cases related to the part of Kashmir that is administered by India. As India is a democracy where religious minorities have full constitutional protections and one that places great value on respect for the rule of law, its courts and institutions are well capable of properly investigating alleged human rights abuses. It is right that they do so. In a previous debate in the House, the Minister responding for the Foreign and Commonwealth Office welcomed assurances from the Indian Government that their army was committed to compliance with the law and that disciplinary action would be taken in accordance with the law when necessary.

We should welcome the successful conduct of local elections in October 2019, in which more than 3 million voters in Jammu and Kashmir took part, including minorities such as Valmikis who were enfranchised for the first time. Further elections took place in December last year, despite covid adversity.

We must also recognise the suffering caused in Jammu and Kashmir as a result of terrorism and fundamentalism. An infamous example occurred in January 1990, when 65,000 Hindus were expelled from the Kashmir valley by Islamist jihadists, whose slogan was “Die, convert or leave”. In 1947, a quarter of a million Pandits lived in the Kashmir valley, but few remain after systematic attempts by extremists to force out people who question Pakistan’s involvement in the region. Today’s terrorist groups continue to threaten the security of people in Kashmir. They include Lashkar-e-Taiba, Jaish-e-Mohammad and Hizb-ul-Mujahideen, which the Indian Government believe all have clear links with Pakistan. There is evidence of arms and equipment from the Pakistan military finding their way into terrorist hands. In June last year, Indian border security forces shot down a China-made drone flying in from the Pakistan side containing armaments.

I thank the Backbench Business Committee for allowing the debate and my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) for setting out the issues at the heart of the debate. The truth is, the Kashmir struggle has gone on a long while, spanning many decades, and tens and thousands of people have died. Many hon. Members will be familiar with the history, so I will concentrate on what happened just two years ago.

On 4 August 2019, phone lines in Kashmir went dead and internet connections were cut. A day later, 7 million people were locked in their homes in a strict and brutal military curfew. Almost 10,000 people, from young people to former politicians, were arrested and indefinitely detained. Some are still in detention. A day later, a Bill was passed in the Indian Parliament stripping Kashmir of its autonomy and special status. It was stripped of its statehood and identity, to be governed directly by New Delhi.

In the last two years, human rights groups have documented the everyday reality of that governance for Kashmiris: mass arrests and raids, torture, the suppression of free assembly, the crushing of the Kashmiri press, the decimation of the local economy, the crippling of the education system, the incarceration of thousands of people, the conversion of hotels and guesthouses into detention centres and the gagging of Kashmiri civil society. Censorship has been institutionalized and journalism has been criminalised.

Until recently, Kashmir had the longest internet shutdown ever imposed by a democracy. The curfew and communication siege also meant no access to doctors or hospitals, no work, no businesses, no schools and no contact with loved ones lasting for many months. We experienced the covid lockdown here, except that ours was without a military curfew and without a communication siege, and still it brought our world to its knees, testing our endurance and sanity. Think of Kashmir and what people have to put up with under a dense military deployment and surrounded by a maze of barbed wire on their street. Imagine soldiers breaking into your home. It is incomparable suffering.

I welcome the opportunity to speak in this debate. The situation in Kashmir is of so much importance to people right across the United Kingdom. Of course, this is no different in Keighley, which is home to many British Pakistani Kashmiris, many of whom have loved ones in the region. I must take this opportunity to thank all of my constituents who have contacted me—be it through face-to-face meetings, on social media, through letter or email—expressing their deep concern about the abhorrent human rights issues that are happening in Kashmir. I hear their concerns, which is why at the beginning of this year I took the opportunity to speak on this very topic, expressing my ongoing concerns to Government Ministers in this place.

Kashmir has been living under heavy lockdown restrictions since August 2019, following the special status of Jammu and Kashmir being revoked by India. We should be clear about what this actually means: no foreign journalists being allowed into Jammu and Kashmir by the Indian Government; and thousands of people being arrested without any due cause and facing harassment and imprisonment—lawyers, small business owners, journalists, students and, of course, human rights activists. Phone lines have been blocked and internet access taken away. Although some communication has been restored, it is still very patchy and heavily controlled by the Government. Education has been severely disrupted. Legal reforms have been made so that residents’ property rights can be revoked. Properties have been destroyed and innocent people are losing their lives.

Yesterday, I received a letter from the High Commissioner of Pakistan in which His Excellency wished to bring me up to speed on the continuing violations of human rights and human dignity perpetrated by India in Indian-occupied Jammu and Kashmir. It is reported that 3,431 cases of war crimes have been perpetrated by the Indian forces in this disputed territory. I have been informed that more than 1,000 houses have been destroyed since special status was revoked. All that, quite rightly, is causing a huge amount of concern for many of my constituents across Keighley. I know that my hon. Friend the Member for Dudley North (Marco Longhi), who cannot be here today, shares my concerns.

My hon. Friend is making a powerful case; this will give him a little more time in a moment. Does he agree that we need to say to those people in India, and indeed in Pakistan, who would prefer us not to debate these matters, that we have no choice because so many of our constituents have friends and family in the area, and perhaps even their own homes there?