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The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Mr Hamish Falconer)
It is an honour to serve under your chairmanship, Dr Murrison. I am grateful to my hon. Friend the Member for Birmingham Hall Green and Moseley (Tahir Ali) for securing this debate. I am also grateful for the contributions of other hon. Members and will try to respond to the points raised.
I note that my colleague, the Under-Secretary of State for Foreign, Commonwealth and Development Affairs, my hon. Friend the Member for Hornsey and Friern Barnet (Catherine West), who has responsibility for the Indo-Pacific, spoke about human rights in Indian-administered Kashmir in a Westminster Hall debate on 5 March. I appreciate the importance and complexity of the issues relating to Kashmir and the strength of feeling about it in the House.
As the House is aware, India and Pakistan are important friends of the UK. We have strong and deep bilateral relationships with both. We encourage them to engage in dialogue and to find lasting political solutions to maintain regional stability. The Government’s position is that it is for India and Pakistan to find a lasting political resolution for Kashmir, taking into account the wishes of Kashmiri people. It is not for the UK to prescribe a solution or act as a mediator.
My hon. Friend the Member for Birmingham Hall Green and Moseley spoke movingly about human rights in Kashmir. We recognise that there are human rights concerns in both India-administered Kashmir and Pakistan-administered Kashmir. The UK Government encourage all states to ensure that their domestic laws are in line with international standards. Our position is clear: any allegation of human rights abuses is deeply concerning, and it must be investigated thoroughly, promptly and transparently.
Debbie Abrahams
There are various conflicts across the world at the moment and conflicts always require mediators to end them. Given our history with the continent, can the Minister explain why the Government think that the UK does not have a role as a mediator?
Mr Falconer
As my hon. Friend knows well, this is an area of the world in which we have long been engaged. It is the position of this Government, as it has been of many previous Governments, that for this issue to be resolved sustainably it will require an agreed compromise between the two countries. That remains our position.
Mr Falconer
I will make a little bit of progress, and then I will.
It is vital to ensure effective and constructive dialogue with the communities affected. We raise our concerns, where we have them, with the Governments of India and Pakistan. The UK Government are monitoring the situation. I understand that several restrictions put in place in Indian-administered Kashmir have been lifted. We are clear on the importance of human rights being respected, and we continue to call for all remaining restrictions imposed since the constitutional changes in August 2019 to be lifted as soon as possible and for any remaining political detainees to be released.
Imran Hussain
I welcome the fact that the Government are calling for the human rights abuses, which have escalated since 2019 after the illegal revocation of articles 370 and 35A, to be ended. Will the Minister clarify one point? While he uses the line used by successive Governments that this is a matter for India and Pakistan, will he at least confirm that we support the Security Council resolutions that very clearly restate the birthright of the Kashmiris to self-determination through a free and fair plebiscite?
Mr Falconer
I thank my hon. Friend for his important question. It is our long-standing position that for India and Pakistan to find a lasting political resolution on Kashmir, the wishes of the Kashmiri people do need to be taken into account. I do not want to go beyond the existing position that I have set out.
Jim Shannon
The hon. Member for Oldham East and Saddleworth (Debbie Abrahams) asked why the UK Government are not doing more to bring about peace. Could the United Kingdom Government be the mediator or the honest broker here, bring parties together, suggest ideas for solutions and find an honest way forward? That might be what we all seek.
Mr Falconer
I thank the hon. Gentleman for his question; I know of his long-standing commitment to peacemaking and mediation. We continue to judge that it is not for the UK to prescribe a solution or act as a mediator.
Returning to the subject of human rights, I want to address the important issues relating to the role of journalists. The UK Government are aware of reports of the detention of a number of journalists in Indian-administered Kashmir. We are clear on the importance of human rights being respected, and we continue to call for any remaining restrictions on journalists to be lifted as soon as possible and for any remaining political detainees to be released.
I now turn to the specific cases raised by my hon. Friends. I am aware that in May 2022, Yasin Malik, an Indian national, was sentenced to life imprisonment after being convicted of funding terrorism. I am aware that he has been in custody ever since. Although it is not for us to comment on an independent judicial process in another country, we encourage all states to ensure that their domestic laws adhere to international standards for free and fair trials, and that they respect international obligations in their treatment of detainees.
Mr Falconer
I will give way to the hon. Member for Birmingham Perry Barr (Ayoub Khan), then to my hon. Friend the Member for Bolton South and Walkden (Yasmin Qureshi)
Ayoub Khan
It is precisely the language being used by the Minister that undermines the position of Britain on the global platform. Our position is that, on the one hand, we champion human rights and criticise any violation of international law, but on the other hand, we are very selective when it comes to applying sanctions. We are very reluctant to impose sanctions on a global economic power such as India. We say things like, “This is a matter for India and Pakistan.” We reach out to them and invite them to negotiate, but we do not actually uphold international law. Does the Minister agree that that is at the core of why Britain is being undermined internationally?
Mr Falconer
I do not accept that our position on Kashmir undermines the commitment to international law that this Government have sought to evince in all our actions. In relation to the allegations that have been referenced in this debate and the many other reports from both Pakistani-administered Kashmir and Indian-administered Kashmir, we expect international law to be upheld and we continue to hold our principled position on these questions.
Mr Falconer
I will give way to my hon. Friend the Member for Bolton South and Walkden first.
Yasmin Qureshi
I thank the Minister for giving way. He said that there was a trial process for Yasin Malik in India, but if one looks into that case and how the trial was conducted, it is quite clear that no proper due process or law was followed. For example, he was actually in a prison cell at the time his so-called trial was taking place. He was not able to communicate with, or even see, those sitting in judgment on him. It is not just me saying this; these are documented facts. It is quite clear that the process Mr Malik went through was actually not a trial at all. In the light of that, should we not be asking the Indian Government about their process in relation to Mr Yasin Malik?
Mr Falconer
I thank my hon. Friend for her question and her long commitment to these issues. We do encourage all states to ensure that their domestic laws adhere to international standards on free and fair trials, and that that is seen through fully.
Imran Hussain
I am grateful to the Minister for sparing so much of his time. I welcome his making the Government’s position clear that we will call out human rights violations in the region and condemn violations that occur, but will the Minister also confirm that, in line with our policy and our international obligations, no future trade deals in the region will be agreed at the expense of Kashmiris’ human rights? I say this despite the fact that I promote trade deals in the whole region of India, Pakistan and Bangladesh, because it has a great deal to offer.
Mr Falconer
I thank my hon. Friend for his important question. We remain committed to the promotion of universal human rights. When we have concerns, we raise them directly with partner Governments, including at ministerial level. That is undertaken completely separate from any negotiations of trade agreements, but agreeing trade deals is part of building open and trusting relationships with important partners, which then allows for some of those free and frank discussions about human rights to take place.
We welcome reports that some detainees have been released, but we remain concerned by some ongoing detentions. I note that the people of Indian-administered Kashmir have recently used their collective voice through a 64% turnout in the state assembly elections last October in what was happily a largely peaceful electoral process. We also note that the state legislative assembly in Srinagar has now been restored.
I reiterate that India and Pakistan are long-standing and important friends of the United Kingdom. We encourage both to engage in dialogue and find lasting diplomatic solutions to maintain regional stability. The UK Government’s position is clear: any allegations of human rights abuses are deeply concerning and must be investigated thoroughly, promptly and transparently. In recent years, the UK Government have raised our concerns with the Governments of India and Pakistan.
Question put and agreed to.