India: Citizenship (Amendment) Act 2019

Lord Tunnicliffe Excerpts

Tuesday 25th February 2020 Grand Committee

[Lord Tunnicliffe (Lab)]

My Lords, I too thank the noble Earl, Lord Sandwich, for securing this debate. The citizenship Act passed by the Indian Parliament in 2019 is a blatant attempt to further undermine persecuted Muslim minority groups, including the Ahmadiyya from Pakistan, the Rohingya from Myanmar, and the Tamils from Sri Lanka. Ultimately, it is for the Indian judiciary to determine whether the Act is constitutional, but it is important to reflect on the domestic reaction in India, as well as international criticism.

Violent demonstrations have led to deaths in Uttar Pradesh, Assam and Mangalore, with protests also in the cities of Mumbai, Delhi and Kolkata. The protests escalated to such an extent that the FCO has issued travel warnings for people visiting India’s north-east region. Is the Minister able to offer any further information as to whether this travel warning is likely to be maintained, rescinded or extended in the near future?

At an international level, the UN High Commissioner for Human Rights suggested that the Act may contravene the International Covenant on Civil and Political Rights, as well as the International Convention on the Elimination of All Forms of Racial Discrimination, both of which prohibit discrimination based on racial, ethnic or religious grounds, and both of which India is a party to. Can the Minister confirm whether the Government have made any assessment of whether the Act in question is compliant with international law?

While this Act alone gives reason to question the safeguarding of human rights under the present Administration, regrettably it comes as only a further step in Prime Minister Modi’s questionable attitude to the human rights of the Muslim population, as seen with the implementation of the National Register of Citizens and the brutal crackdown on freedom of assembly and protest. Can the Minister confirm whether the Government have made any representations to the Government of India on the latter issue?

Of course, there is also the response to the situation in Kashmir to consider. The Indian Government’s decision to withdraw Kashmir’s special status served only to increase tensions in the region, while the deployment of tens of thousands of extra troops and paramilitary police has made a peaceful solution an even more distant ambition. In the light of recent calls, does the Minister believe that there is a role for the United Nations or other independent parties to monitor and report on alleged human rights abuses, to ensure that the Kashmiri people are protected?

While the question of the Indian constitution is one for the Indian judiciary, and Kashmir is one for the people of India and Pakistan, the UK must stand firm and insist that the human rights of religious minorities cannot be infringed. It is encouraging that the Government have previously stated that these issues have been raised with the Minister of State for External Affairs, in December 2019, and with India’s High Commission in London in January 2020. But it is not enough for the Government just to whisper a quiet word in private. They must make it clear that the primacy of human rights triumphs above all else, and should the Indian Government continue with their neglect of these principles, the UK must explore further avenues to press Prime Minister Modi’s Government to protect some of the region’s most vulnerable minorities.