Human Rights on the Indian Subcontinent

Fiona Mactaggart Excerpts

Thursday 15th September 2011 Commons Chamber

[Fiona Mactaggart (Slough) (Lab)]

First, may I apologise to the House for the fact that I will not be able to be here for the wind-ups, as I was already committed to chairing a meeting at 6 o’clock? I am grateful to the hon. Members who sponsored the proposal of this debate to the Backbench Business Committee, because we are debating this issue on the fourth international day of democracy, as nominated by the UN and celebrated by Parliaments throughout the world.

This is the right day for us to be debating this subject of human rights in the Indian subcontinent, because human rights are a precursor to democracy; without basic human rights and the full protection of human rights, there is no prospect of genuine democracy. When representatives of regimes that are denying human rights complain, as they do sometimes, that, as a British parliamentarian, I should not be interfering in their internal matters, I am confident that I can reply that there are international standards of democracy and human rights. It is the duty of every democrat, particularly every democratically elected parliamentarian, to uphold those standards throughout the world, without fear or favour. That was put rather more poetically by constituents of mine, some of whom are in the Gallery, who signed a petition stating:

“Human beings are like parts of a body, created from the same essence. When one part is hurt and in pain, the others cannot remain in peace and be quiet”.

I will therefore focus on human rights in Kashmir, although my Sri Lankan constituents, who come from both Sinhala and Tamil communities, are well aware of my passionate commitment to human rights in that country. That was expressed when the former representative of the UK Government to Sri Lanka, Des Browne, came to address a meeting in Slough just 18 months ago.

At the outset, I ought to say that I am a friend of both India and Pakistan, even at times when there are tensions between those two countries. I am also a friend of Kashmir, however, and of its people, who have not enjoyed full democratic and human rights since Britain left behind this bit of unfinished colonial business when we ceded control of India and Pakistan nearly 65 years ago.

I was at Labour’s conference in 1995 when it resolved that Britain was under an obligation to seek a solution of the Kashmir issue. I am proud that Labour Foreign Secretaries from Robin Cook to my right hon. Friend the Member for South Shields (David Miliband) have been willing, as they have worked to develop our relationship with that great democracy and growing economic power, India, to raise the uncomfortable issue of Kashmir. I am disappointed that the current Government do not feel the same duty, at least when they are in the territory of India. Whatever one’s view of the future of the disputed territory of Jammu and Kashmir, there can be no doubt—

[Andrew Griffiths]

rose—

[Fiona Mactaggart]

I will certainly give way to the hon. Gentleman.

[Andrew Griffiths]

The hon. Lady makes a party political point about this Government and our commitment to Kashmir. Can she tell us just one thing her Government did to move the issue of Kashmir forward?

[Fiona Mactaggart]

As I have been saying, for some 65 years, this has been an issue—[Interruption.] If my right hon. Friend the Member for Rotherham (Mr MacShane) wants to intervene to question my historical knowledge, he is welcome.

For a long time, this subject has limped forward. British Foreign Secretaries have been prepared to raise the issue in Pakistan and India, even when it has been very unpopular. That is one thing that needs to happen—what we need is not silence about the issue, but a preparedness to stand up for human rights in public even when it is unpopular.

At the moment, it is not possible in Kashmir for journalists to report basic protests such as those that followed the death of a boy who was hit by a police tear gas canister just this June. Only when the press is free to publish reports of protests and when voters feel safe as they walk to the ballot box will there be any chance of resolving this bitter dispute. To that end, I echo the call from the hon. Member for Wycombe (Steve Baker) for the repeal of the Jammu and Kashmir Public Safety Act and of the Armed Forces (Special Powers) Act. If we succeed in making Kashmir a society where human rights are protected, what then? That goes to the heart of the hon. Gentleman’s question.

I think Mr Hameed, the gravedigger at the martyrs’ graveyard in Indian-administered Kashmir’s capital, Srinagar, made the point very powerfully: “The solution to the problem will only be arrived at when India, Pakistan and Kashmiri people meet at the same table. Our kids pelt stones. The security services fire a bullet. What kind of democracy do we live in?” We need to ensure that the people of Kashmir live in a democracy and can determine their future. Until we protect their human rights, the possibility of a democratic resolution to the troubles that have divided that beautiful country for so long is lacking. I think the whole House agrees that democracy is the best way to resolve these issues and the whole House knows that without human rights, democracy cannot exist.

[Jason McCartney (Colne Valley) (Con)]

I start by paying tribute to my hon. and gallant Friend the Member for Wycombe (Steve Baker), a fellow former Royal Air Force officer. I joined him and many other Members from both sides of the House in helping to secure the debate from the Backbench Business Committee, to which we are very grateful.

I shall focus on Kashmir. I have spoken in Westminster Hall debates on Kashmir and at meetings of the all-party group for Kashmir, but this is the first time I have had the opportunity to speak on human rights in Kashmir in this Chamber, and I am very grateful for it. My constituency in west Yorkshire has thousands of Kashmiris living in Thornton Lodge, Crosland Moor and Lockwood. They raise the situation in their homeland with me weekly, so I am proud to be speaking on their behalf.

I fully understand that international issues are never straightforward, so to try to understand the dynamic of the region I undertook a private visit to Azad Jammu and Kashmir last November. I flew into Islamabad in Pakistan, and after delivering blankets, clothing and tents donated by the good folk of Huddersfield and Colne Valley to some of the flood-hit villages in the area of Nowshera in Pakistan, we crossed the border into AJK. I was based in the vibrant city of Mirpur—a fantastic place, as the hon. Member for Birmingham, Ladywood (Shabana Mahmood) rightly said—on the beautiful Mangla Dam lake. I was honoured to be invited for tea at the homes of families with loved ones who live in my constituency, but their love of tea is not the only close cultural link that the Kashmiris have with the UK. When I was invited to meet the Prime Minister of Azad Jammu and Kashmir, Sardar Attique Khan, in Dadyal, I was welcomed by their military band, complete with bagpipes and kilts.

I saw a beautiful and peaceful Pakistan-administered region of Kashmir, but time and again I have been told of human rights abuses in Indian-controlled Kashmir, some of which we have heard about in this Chamber in the past hour, so I fully appreciate that this is a region where terrorism and security concerns are rife. Of course our own previous Government have been accused of being implicated in activities such as rendition in the wider region. The position is not always black and white.

An hour ago in Central Lobby, I bumped into a Kashmir-based journalist I met over there. As a former journalist, while I was in Kashmir I addressed a group of 50 Kashmiri journalists at the Press Club in Mirpur, and I stressed to them the importance of factual reporting. Wild accusations and the emotionally charged inflating of casualty figures do not help the cause of those campaigning for peace in the region. For example, yesterday I received an e-mail telling me of hundreds of unidentified graves, with the accusation that they contain the bodies of victims of unlawful killings and torture. I have no idea whether that is true; we must be wary of propaganda and deal in facts.

[Fiona Mactaggart]

Is the hon. Gentleman aware that many Kashmiri journalists simply cannot report facts, because they cannot get press accreditation that will enable them to go into areas where the police are in control?

--- Later in debate ---

[Mr Denis MacShane (Rotherham) (Lab)]

Kashmir is the forgotten tragedy of the contemporary world. No other people has suffered such pain, such loss, such despair, and, worst of all, such a sense that their demands for justice are being ignored by the rest of the world. Here in the House of Commons we need to face up to our failures.

The first failure was the disastrous handling of the end of British imperialism in India. The second was the refusal of both India and Pakistan to abide by UN resolution 47, which stated:

“the final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations.”

That resolution was adopted in 1948; 63 years later, it has still not been implemented. The third failure is the refusal of successive British Prime Ministers and Foreign Secretaries of all parties to accept that Britain has an historical duty to work to allow the Kashmiri people to be free of the oppression under which they live.

Kashmir is not a faraway country of which we know nothing. The British Kashmiri community is now nearly 1 million strong and is part of the warp and weft of today’s Britain, just as in the past Huguenots, Jews, Poles and Irish people came with their culture, faith, languages and ways of life and became part of our island nation. I think of many dear friends in Rotherham, such as Councillor Jahangir Akhtar, Councillor Shaukat Ali, Councillor Mahroof Hussain, Mrs Parveen Quereshi, and Lord Nazir Ahmed in the other place, as well as friends in Tinsley and Sheffield, who have educated me on the problem of Kashmir.

According to Amnesty International and Human Rights Watch—irreproachable international organisations—as many as 100,000 Kashmiri Muslims have died since the end of the 1980s. That is a far higher death toll of Muslims than all of those killed in middle east conflicts in recent decades. Whereas the middle east conflict gets limitless geopolitical Government and media attention, the much great death toll in Kashmir is ignored. The United Nations Commission on Human Rights reports that 1.5 million refugees have been forced over the years to seek asylum across the border in Pakistan or Azad Kashmir.

In December last year, I wrote to the Foreign Secretary after receiving a report from the International Committee of the Red Cross. Its officials interviewed under private conditions 1,296 people held by India. Among them 498 had suffered torture from electricity; 381 had been suspended from the ceiling; 294 had muscles crushed in their legs by prison personnel sitting on a bar placed across their thighs; 181 had their legs stretched by being “split 180 degrees”; and 302 “sexual” cases were reported involving rape or sexual assault. The ICRC stated:

“The abuse always takes place in the presence of officers”

from India.

[Fiona Mactaggart]

As a former journalist, would my right hon. Friend like to speculate on why those horrible tortures have failed to reach our media?

[Mr MacShane]

There is a serious problem in that this is the first debate dedicated to this subject in my 17 years in the House. I very much respect the Under-Secretary of State for Foreign and Commonwealth Affairs, the hon. Member for North East Bedfordshire (Alistair Burt), but Ministers have not raised this issue at a sufficiently high level. I hope that the Minister can assure the House that the Foreign Secretary will raise that recent Red Cross report with India at the Commonwealth Heads of Government conference next month.

A few years ago the world was shocked at the death of 8,000 European Muslims in Srebrenica and the sight of 250,000 Kosovan Muslims fleeing from Serb troops. Why has there been silence on 1.5 million Kashmiris being forced out of their homes or up to 100,000 Muslims killed by Indian forces?

Just before he was elected, President Obama made the correct connection, noting that there would be no solution in Afghanistan without change in Pakistan, but he added that Pakistan needed help from India to resolve the Kashmir question. Afghanistan, Pakistan, India—the API triangle that lies at the heart of any future for this vital world region. Sadly, once in office President Obama dropped India, out of his desire to see movement and, as a result, got no movement at all, despite the best efforts of the late Richard Holbrooke. India is part of the problem, as is Pakistan. India must be part of the solution, as must Pakistan. Until the global community faces down India’s refusal to accept responsibility for its actions in Kashmir, there will be no peace in the region. It is time to break the silence that grips British Ministers.

--- Later in debate ---

[Barry Gardiner]

I accept the spirit in which the hon. Gentleman says that he has contributed to the debate, and I would not wish to challenge that. However, if one looks at the immediate neighbours surrounding India, one will often find that there is far greater cause for concern in those jurisdictions than in India.

[Fiona Mactaggart]

rose—

[Shabana Mahmood]

Will my hon. Friend give way?

--- Later in debate ---

[John McDonnell (Hayes and Harlington) (Lab)]

I want to mention two issues that have been raised with me by constituents. The first concerns India and the second Sri Lanka. Like my hon. Friend the Member for Brent North (Barry Gardiner), I classify myself as a friend of India. I can do nothing else—I am married to a Goan and have only just come back from visiting my in-laws in Goa. I celebrate India’s success in recent years. I celebrate its politics. I witnessed the Anna Hazare campaign of Gandhian peaceful direct action to address corrupt politicians. I only wish that we had had such a thing here a few years ago—it might have helped when the Members’ expenses scandal was exposed. I also celebrate the nature of the way in which India is developing its economy. I wish that there was greater redistribution of wealth, but at least there is a dynamism in the economy itself.

In celebrating India’s progress, I feel that I have the right—as a friend of India—to draw attention to a continuing blemish on the Indian constitution. I am talking about the continued acceptance of the death penalty. There are currently 324 prisoners on death row in India, and although there has not been an execution for seven years, the political climate has changed, and there is a real fear of an imminent implementation of the death penalty. I want to use the Floor of the House to make an appeal on behalf of my constituents for the life of one person in particular, Devinder Pal Singh Bhullar, whose case I have raised over the years with a number of colleagues. Unfortunately, he is at imminent risk of execution in New Delhi.

[Fiona Mactaggart]

Would my hon. Friend comment on the fact that when I was looking through my annual report, I discovered that the issue on which I had the biggest postbag from my constituents was Devinder Pal Singh Bhullar’s threatened execution by the Indian Government?

[John McDonnell]

There is real consternation among the community in this country and across the world. This case has been taken up by Amnesty International as one of its urgent appeals across the world. As I said, I want to use this platform to appeal to the Indian Government and the Indian President to address the case of Devinder Pal Singh Bhullar and to consider the abolition of the death penalty itself.

Devinder’s mercy petition was rejected in May and his case is now moving towards the execution process. He was sentenced to death in August 2001 after being found guilty of involvement in a bomb attack in 1993 that tragically killed nine people. He was found guilty solely on the basis of an unsubstantiated confession that he made to the police and which he later retracted. He thought that it had been made under duress from the police. He was subsequently arrested under the Terrorist and Disruptive Activities (Prevention) Act at New Delhi airport in January 1995. That Act has now been repealed and was criticised internationally and inside India for being incompatible with international standards for fair trials and fair arrests.

In March 2002, the death sentence against Devinder was upheld by the Supreme Court, but the opinion was divided, with two judges in favour and the senior judge coming down in favour of acquittal. In December 2002, a review was made of the judges’ decision, again resulting in a split decision. Usually, in such circumstances, a recommendation is made that the President accept the mercy petition, but unfortunately the petition was rejected in May this year, as I have said. Now, Devinder Pal Singh Bhullar faces the death penalty.