Human Rights: Kashmir

Khalid Mahmood Excerpts

Thursday 23rd September 2021 Commons Chamber

[Bob Blackman (Harrow East) (Con)]

I will endeavour not to be so passionate as the hon. Member for Bradford East (Imran Hussain). I declare my interest as the co-chairman of the all-party parliamentary group for India and, I believe, the last serving Member of this House to visit Srinagar and interact with the people of Jammu and Kashmir directly.

I begin with the simple premise that in 1947, the late Maharaja ceded the entirety of the princely state of Jammu and Kashmir to India, so the illegal occupation by Pakistan of part of the princely state of Jammu and Kashmir should cease, its military operation should go home, the line of control should be removed, and all the terrorist bases that exist on the Pakistani line of control should be ceased and dismantled.

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

Can the hon. Gentleman please tell me who it was that went to the United Nations to ask for a resolution on the plebiscite for Kashmir?

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[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

I thank my hon. Friends the Members for Oldham East and Saddleworth (Debbie Abrahams) and for Bolton South East (Yasmin Qureshi) for securing this Backbench Business debate.

As a son of Kashmir, with parental heritage from Kashmir, I should have been really happy that my hon. Friends had secured this debate, but when I looked at what we would achieve, I was not at all pleased. The reason I am not pleased is this: we are here for this debate on a Thursday afternoon for a couple of hours; we have just three minutes to speak because of the time that is available; and then there is the interest that is being shown on this very issue by other parliamentarians. I am not pleased because, today, there is no Whip. When there is no Whip, there is no vote. When there is no vote, we have a discussion between ourselves. The discussion has no real meaning in our proceedings. When we get up to speak on important issues such as this, it is important for us that we actually have a purposeful debate. We need to put a vote before the Government to show the strength of feeling from all of parts of this House and to show what the issue of Kashmir means to us.

I intervened on the hon. Member for Harrow East (Bob Blackman) and asked him who took the issue of Kashmir to the United Nations. It was Pandit Nehru, the Indian Prime Minister. He did so because he knew that when Maharaja Hari Singh had to abdicate from the post, he had not acceded to either one of the countries. [Interruption.] My hon. Friend the Member for Brent North (Barry Gardiner) might laugh, but that is accurate.

[Bob Blackman]

I thank the hon. Gentleman for allowing me to intervene on him. Does he not accept that the Kashmiri Pandits, in any type of vote or plebiscite, should have the right to be considered as part of Kashmir and, therefore, those refugees who live in Jammu and the rest of the world should also have that right? Who then determines who would participate in a plebiscite?

[Mr Mahmood]

The plebiscite would be determined by the United Nations. Every Kashmiri, whether a Pandit, Hindu, Muslim, Sikh or Christian member of the heritage of Kashmir, has a right to vote in that plebiscite. Every Kashmiri of any religion, faith or creed is a Kashmiri by nature. It is important for all of us to recognise that, which is why I wanted to make that point. That is why it was important to keep article 370 and 35A, because that is what the United Nations had pushed for. The hon. Gentleman also mentioned tourism in his speech. Fantastic! Can I go to Kashmir as a person of Kashmiri heritage? My hon. Friend the Member for Oldham East and Saddleworth tried but was not allowed.

Following the suggestion of my hon. Friend the Member for Birmingham, Hall Green (Tahir Ali), I think all of us should apply to the Indian High Commission for a visa to go to Kashmir. When all of us do not get a visa to do that, we should then put forward a motion to Mr Speaker and to the Lord Speaker to ensure that the Indian high commissioner is not allowed in this place at all. This is about people who continue to be subjugated by an armed force—more than half a million armoured people—in their land. Those forces subjugate the rights of women, using rape as a form of collective torture. That is not acceptable in any form of society and we should not accede to that.

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[Barry Gardiner (Brent North) (Lab)]

At this critical time in the region, with the US and UK withdrawal from Afghanistan, it is right that people understand the connections between democracy, pluralism and human rights, and the equally strong connections between fundamentalism, terrorism, insurgency and the loss of human rights.

Over the years, Pakistan has harboured Taliban leaders, and the ISI—their security service—has provided other forms of support to them and to other terrorist organisations. As Secretary of State Blinken said in a recent congressional hearing, Pakistan has “harboured” members of the Taliban, including the Haqqanis.

[Mr Mahmood]

Are we talking about the Kashmiri people or about Pakistan? This debate is about the Kashmiri people and the abuse of their human rights.

[Barry Gardiner]

Indeed, it is. I will try to ensure that the connections are apparent.

Of course, it is no coincidence that the last hideout of Osama bin Laden was in Abbottabad, scarcely a mile away from—and, some would say, under the protective shield of—the Pakistan Military Academy in Kakul. Abbottabad is just 20 miles as the crow flies from Muzaffarabad, the capital city of Azad Kashmir. As a constitutional entity—constitutional self-determination has been mentioned by my hon. Friends the Members for Birmingham, Hall Green (Tahir Ali) and for Denton and Reddish (Andrew Gwynne)—the so-called Azad Kashmir, which is better known to the world as Pakistan-occupied Kashmir, is not just strange, but unique. It has been given the trappings of a country, with a President, Prime Minister and even a legislative assembly, but it is neither a country with its own sovereignty nor a province with its own clearly-defined devolved authority from the national Government.

Under section 56 of the Azad Jammu and Kashmir interim constitution of 1974, the Pakistan Government can dismiss any elected Government in AJK, irrespective of the support they might have in the legislative assembly. Strangely enough for an entity that purports to be a country, the constitution bars anyone from public office and prohibits them from participating in politics unless they publicly support the principle of Kashmir acceding to Pakistan. Imagine that: a country all of whose politicians can be politicians only if they say they do not want to be a country. It will therefore come as no surprise to colleagues when I say that the major civil and police administrators’ positions in AJK are held by Pakistani civil and military officers. It may also come as no surprise to them to find that the putative country has no representation in the Parliament of Pakistan. The territory’s local representatives are excluded not just from the Pakistan Parliament but from even those Pakistani bodies that negotiate intra-provincial resource allocation and federal taxes. So much for “No taxation without representation”.