Human Rights: Kashmir

John Spellar Excerpts

Thursday 23rd September 2021 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab) [R]]

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.

[John Spellar (Warley) (Lab)]

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?

[Debbie Abrahams]

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.

On 5 August 2019, as Members will know, after the Bharatiya Janata party’s general election win in India, Prime Minister Modi announced the revocation of article 370 in India’s constitution. The effect was to remove the special status afforded to Jammu and Kashmir since partition. A Bill was rapidly approved by both Houses of Parliament, splitting the state of Jammu and Kashmir into two federal territories, Jammu and Kashmir and Ladakh, with direct rule from Delhi. The revocation of article 370 was also extended to article 35A, which removes the rights of indigenous Kashmiris, and has the potential to alter the distinct demographic character of IAK—a direct contravention of the 2007 UN declaration on the rights of indigenous people.