Human Rights (Kashmir)

Lord Johnson of Marylebone Excerpts

Wednesday 27th June 2012 Westminster Hall

[Mr MacShane]

Let me finish telling hon. Members what the spokesmen say—that we welcome the positive steps taken by Pakistan and India to build trust and confidence.

Frankly, that is not good enough. In relation to many other areas of the world, we have a position and we are prepared to speak out, but on Kashmir we are utterly silent. Kashmir is the far away place in the world of which we would prefer to know nothing and of which the Government certainly say nothing. Let me be clear that the same admonition applies to the previous Government. I remember my right hon. Friend, the late Robin Cook, early in his days as Foreign Secretary, thinking that Kashmir was an issue of some concern. When he tried to raise it, however, he was abused in New Delhi and some ugly pieces were spun by Indian media and propaganda.

[Joseph Johnson (Orpington) (Con)]

Will the right hon. Gentleman give way?

[Mr MacShane]

I shall give way in a moment. He was traduced to the point that he effectively shut up on that issue—[Interruption.] There are 21 minutes to go, so I hope that there is time for everyone to speak.

I am making a point about the present Government but, believe me, it applies also to the last Government. I see Kashmir as one of the great issues of concern for the Muslim community around the world. That is certainly true in my constituency where the problems in Kashmir are constantly reflected in the Pakistani papers printed here in Britain—the Jang, The Nation, the Dawn—and on PTV, which many of my constituents watch. British citizens hear daily reports of the unpleasant behaviour, and sometimes much worse, by the Indian security forces. The issue is of great concern to British-born citizens, and we do ourselves no good as a Parliament by pretending that it is simply something that can be solved by a little exchange of words between Islamabad and New Delhi.

Human Rights Watch has a number of recommendations. It wants to initiate

“an impartial investigation into reports that the Eighth Rashtriya Rifles Battalion in Doda has been responsible for summary executions…rape, and other assaults on villagers”,

including the disappearances to which I referred. I do not want to go into details of the rape allegations, which are particularly distressing, but it is very clear that if any of that had happened in territories near Europe or in the Balkans back in the 1990s, the International Criminal Court would have been involved. People have been sent to the court accused of far lesser crimes than those committed by the people responsible for what has happened in Kashmir on the Indian side.

Human Rights Watch says that

“all reports of extrajudicial executions, ‘disappearances’, deaths in custody, torture, and rape by security forces and unofficial parliamentary forces in Kashmir are investigated promptly by a judicial authority and those responsible should be prosecuted in civilian courts.”

It says that the Indian Government should disarm

“and disband all state-sponsored militias not established and regulated by law and prosecute members of such groups who have been responsible for extrajudicial killings, “disappearances”, assaults, and other abuses.”

It also says that the Indian Government should establish

“a centralized register of detainees accessible to lawyers and family members (something promised since 1993 but not delivered)”,

and provide much better

“police training, perhaps after consultation with international experts, on gathering adequate evidence for rape prosecutions. Medical workers who have examined and treated rape victims should be protected from abuse.”

Those recommendations all come from Human Rights Watch. Britain could play a part in that, as could the European Union.

[Joseph Johnson]

I congratulate the right hon. Gentleman on securing this timely debate. I will be brief. As hon. Members will know, the EU and India are five years into negotiating a complex free trade agreement in which the issue of human rights will soon rear its head. Given that the right hon. Gentleman was a Minister for Europe in the previous Government, where does he stand on inclusion of an essential elements clause mandating protection of human rights in any eventual agreement? The previous Government made a particular exception for India, allowing the Commission to continue to negotiate with a view to not having an essential elements clause, one that appears in 120 other agreements around the world. Would the right hon. Gentleman recommend that the EU includes one going forward?

[Mr MacShane]

I certainly would. Alas, I was not Minister for Europe during the period to which the hon. Gentleman refers. Governments occasionally make mistakes, and that did not come under my purview. However, he makes a powerful point, and I hope that the EU authorities who are listening, including Baroness Ashton, will take it on board. I will send her a copy of the debate, and perhaps the Minister will write to her underlining the cross-party agreement on the point.

--- Later in debate ---

[Mr Browne]

I am grateful for the intervention. Having put on the record the Government’s unequivocal commitment to a human rights policy on a global scale, let me get to how we see the India-Pakistan relationship and the nub of this question. I will take on board the intervention that the hon. Gentleman has made.

[Joseph Johnson]

Will the Minister clarify where Britain stands with respect to the EU Council decision of 1995, reaffirmed in 2008, that all trade agreements and co-operation agreements should include an essential elements clause?

[Mr Browne]

rose—

--- Later in debate ---

[Mr Browne]

Thank you, Mr Howarth, for allowing me to pioneer a new format for debates. I am conscious that a lot of Members want to put their core points on the record, and I was keen to give them the opportunity to do so. A number of points were raised, some of which were assertions of fact; whether those points were on England’s likelihood of progressing or something else, I am happy to stand by them.

Let me put the Foreign Office’s position on the record, and people can draw conclusions from what I say. The United Kingdom enjoys close relations with India and Pakistan; they are both long-standing and important friends of the UK. The Foreign Secretary visited Pakistan earlier this month to underline Britain’s commitment to a deep, long-term strategic relationship with Pakistan. He held wide-ranging discussions on the strength of the bilateral relationship, the importance that the UK attaches to upcoming elections in Pakistan and the UK and Pakistan’s mutual interests in promoting stability in the region. Of course, the UK enjoys a warm, forward-looking strategic relationship with India, the world’s largest democracy. We have regular contact, including when the Prime Ministers of the UK and India met at the G20 summit in Mexico last week.

We recognise the importance of a strong relationship between India and Pakistan, which is why the Government welcome the renewed engagement in recent months between India and Pakistan. We have seen a series of high-level talks this year, including a visit by President Zardari to India in April, when he met Prime Minister Singh, and we welcome new Pakistani Prime Minister Ashraf’s pledge to continue to seek better ties with India. The commitment of both leaders from both sides to improving bilateral relations is laudable, and we support it.

Substantive progress has been made in the relationship, in particular in recent steps taken by both countries to liberalise trade. We hope that both sides will take further positive steps to develop their engagement. Ultimately, however, we recognise that the relationship between India and Pakistan is one that they themselves will need to build and the pace of dialogue is for them to set.

On Kashmir, the nub of the debate, the Foreign Secretary has stated previously in the House the position of successive British Governments on Kashmir. That has been consistent—that any resolution must be for India and Pakistan to agree, taking into account the wishes of the Kashmiri people. As India and Pakistan are currently making efforts to build confidence in all aspects of their relationship, it is important that they be given space to determine the scope and pace of that dialogue.

I fully understand the strength of feeling about the issue among many people in Britain, including those in the House. However, no matter how well intentioned, any attempts by the United Kingdom or other third parties to mediate or prescribe solutions would, we believe, hinder rather than advance the progress that many people wish to see.

The Government continue to monitor closely developments in Kashmir, particularly with regard to the human rights situation on both sides of the line of control. As the House knows, Kashmir has been plagued by militancy in recent years, which has undermined the security and prosperity of the Kashmiri people. We continue to call for an end to external support for violence.

It is encouraging to have seen a significant reduction in violence in Kashmir over previous years. We all recall the violent protests that occurred in Indian-administered Kashmir during the summer of 2010, when more than 100 civilians were killed and a number of security forces personnel were injured. During the unrest, there were allegations of excessive use of force by security forces against protesters and allegations that protesters themselves had used violence. We sincerely hope that the cycle of violence is now coming to an end.

We recognise that there are human rights concerns in both Indian and Pakistan-administered Kashmir. We are aware of reports from organisations such as Amnesty International on the large number of detentions in Indian-administered Kashmir, and we have been following, too, the work of the State Human Rights Commission on reports of unknown and unmarked mass graves. Prime Minister Singh has made it clear that human rights abuses by security forces in Kashmir will not be tolerated. We welcome the decision by the Indian Government to allow the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, to pay a fact-finding visit to Kashmir in March. I understand that the State Human Rights Commission is considering how to pursue the findings.

Prime Minister Singh’s appointment of three interlocutors to engage with a wide range of interested parties to help resolve the situation in Indian-administered Kashmir was a welcome initiative. The Indian Government have recently published the interlocutors’ report, which sets out a range of confidence-building measures, including addressing some of the human rights concerns that we have discussed today. I understand that the Indian Government will take a decision on how to implement the report after a period of consultation.

As for action by the United Kingdom specifically, the officials in our high commissions discuss and raise issues in Kashmir regularly, both with the Indian and Pakistani Governments and with contacts on both sides of the line of control. Our resources from the so-called conflict pool also support work promoting human rights, conflict prevention and peace-building efforts.

Highlights of activity under the conflict pool include support for Track II dialogue to help build confidence and create a constituency for peace as well as support to strengthen civil society networks and media development to support peace initiatives. As part of UK bilateral aid to Pakistan, Pakistan-administered Kashmir also benefits from support to promote economic growth, health and education.

[Joseph Johnson]

Returning to a more general tack on the same theme, does the Minister agree that human rights observance should be a condition in principle of all EU trade agreements?

[Mr Browne]

Sorry; the hon. Gentleman did raise that important specific point. Over the past few weeks, we have seen greater co-operation at European Union level on human rights policy and big advances in how we project the consensus view from across the European Union on advancing human rights around the world. That has been an important component of EU agreements. I will write to the hon. Gentleman on the specific details with regards to the free trade agreement that has been negotiated with India. Obviously, we also want to see that agreement take effect.