Human Rights: Kashmir

Nigel Evans Excerpts

Thursday 23rd September 2021 Commons Chamber

[Tahir Ali]

I absolutely agree with my hon. Friend’s point.

In south Asia, the long-drawn-out dispute over the state of Jammu and Kashmir remains a hanging fireball between two hostile nuclear neighbours, India and Pakistan. It has brought human misery in the form of wars and human rights violations, and continues to threaten regional and global peace. My role is not to take sides, such as being pro-Pakistan or anti-India; I believe that as a Kashmiri it is my duty to highlight the abuses and human rights violation to this House.

Even after seven decades, the people of the former Princely State of Jammu and Kashmir are waiting for their right of self-determination, as promised by the United Nations. Notwithstanding more than 25 UN resolutions calling for solutions to the dispute, India is reluctant to grant Kashmiris their right to self-determination. The Scottish people were rightly afforded a referendum to express their desire for independence, and the UK had a referendum on remaining in or leaving the EU. Kashmiris are not begging for their freedom, and nor will they beg; it is their birthright and, eventually, it will be achieved.

The Indian occupation of Kashmir is not something that can be or should be left to India and Pakistan. Let me be absolutely clear: this is not a bilateral issue between India and Pakistan; the international community needs to take responsibility. The British Government have a responsibility: this is another example of the mess left by the British Government in 1947. We cannot turn our backs to the people of Kashmir and say it is absolutely nothing to do with us. This is an issue of international significance on which the UK should take a leading role, given its historical involvement in the situation.

In February of 2020, my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams), who is well known for her activism and support for the Kashmiri people, was denied entry to India and essentially deported without any suitable explanation given by the Indian Government. In essence, entry was denied because of her high-profile work supporting the self-determination of the Kashmiri people. British parliamentarians, Indian politicians sympathetic to the Kashmiris and international observers are all denied access to Indian-occupied Kashmir.

Earlier this month, China’s ambassador to the UK was prevented from entering Parliament to attend a meeting with the all-party parliamentary group on China. The initiative came about because of protests by the Speaker and Lord Speaker in response to China imposing travel bans on five MPs and two peers. I ask, with the same justification, that measures be taken against the Indian high commissioner, who is still allowed on the parliamentary estate. It seems that we are prepared to take action against China but not India. This is clearly a case of double standards, and it is why I demand that the Indian high commissioner be barred from the parliamentary estate, pending an end to the military occupation of Kashmir.

[Mr Deputy Speaker (Mr Nigel Evans)]

The wind-ups will begin no later than 4.38 pm.

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[Naz Shah (Bradford West) (Lab)]

After the events of the last century, by now we should all know what a fascist party of Government looks like, speaks like and acts like. By extension, we should also know what illegal occupation and ethnic cleansing looks like. However, despite knowing this, we fail in our duty to act. Knowing the BJP’s projected journey towards genocide, we are not doing what we should do. Members should not just take it from me. Genocide Watch exists

“to predict, prevent, stop, and punish genocide”,

and its “ten stages of genocide” model has been used by the US State Department and the UN. Genocide Watch has said that all 10 stages of the genocidal process in Jammu and Kashmir are far advanced while Kashmir is under military rule. Yet still, despite all the cautions and the signs, our Government maintain a bilateral position in Indian-occupied Jammu and Kashmir, while they apply Magnitsky-style sanctions against China and make a determination of genocide in relation to Uyghur Muslims.

Why the double standards? Is it not the case that injustice anywhere is a threat to justice everywhere? Why do we apply a different standard to our friends and trading partners than to our foes? Is it not easier to be critical of our foes, but bolder and braver to be critical of our friends? It is common knowledge that Kashmir is deemed the unfinished business of partition. The question on the minds of millions of Kashmiris worldwide and in the region is simply this: how will the butcher of Gujarat settle this unfinished business of partition? If the assessment made by Genocide Watch and others is anything to go by, we can draw the conclusions.

There are those who ask, “Why Kashmir? Why should we care?” To them, I say that aside from the barefaced violations of international human rights and our colonial legacy, the answer is that Indian-occupied Jammu and Kashmir is the world’s largest militarised zone, and India and Pakistan are two nuclear-armed states that will be on the brink of war if India continues its war-mongering. That should be enough to keep everyone up at night. The list of serious human rights violations by security forces in Kashmir—and the deliberate erosion of civil liberties by the ideological bed buddy of the Rashtriya Swayamsevak Sangh, the BJP Government—is endless.

While Pakistan made a gesture towards peace by safely returning an Indian fighter pilot in 2019, the BJP has been accused of alleged torture and the custodial killing of the leader Mohammad Ashraf Khan, and the kidnapping, desecration and forced burial of Syed Ali Geelani’s body against his final wishes. Make no mistake: India is setting the stage for Kashmir, and it is not for a Bollywood blockbuster. The BJP’s journey towards enacting genocide in Jammu and Kashmir must be stopped. While the people of Indian-occupied Jammu and Kashmir look to the world to act, will this Government make urgent representations?

I will not stop speaking: not until every mother in Kashmir is reunited with her son, until every woman in Kashmir is free from the threat of being raped by Indian forces—

[Mr Deputy Speaker (Mr Nigel Evans)]

We have to move on. I call Barry Gardiner.

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[Mr Deputy Speaker (Mr Nigel Evans)]

I am sorry, Barry—we have to leave it there because of the time pressure.

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[Afzal Khan]

I agree wholeheartedly. The whole of south Asia is suffering as a result of how these two big countries are behaving and the money they are spending on arms. China, Pakistan and India are nuclear powers, so they are putting the safety of the whole world at risk. The sooner they get around the table, the better.

The concerns point towards a wider problem in India. Discrimination has become embedded in law, with the Disturbed Areas Act in Gujarat used as a tool to discriminate against Muslims. Protests in Indian-administered Kashmir are also prohibited. Kashmir is the only state in India where a crowd control gun is used that has caused more than 700 Kashmiris, including infants, to go blind. The list of issues is long. As the all-party human rights group puts it, India is a “diminishing democracy”.

The Government like to talk about the close relationship and friendship between the UK and India, but true friendship requires honesty and accountability. Successive UK Governments have adopted the position that it is for India and Pakistan to resolve Kashmir’s future and that the UK should not interfere in or mediate the process. However, we must go beyond that and recognise the role that Britain has played in the Kashmir conflict. Its roots lie in the countries’ shared colonial past, which facilitated the violent partition process between India and Pakistan and left the fate of Kashmiris undecided.

So will the Minister meet me, Kashmiri groups and members of the diaspora to hear their concerns at first hand? This week, the UN General Assembly also met. Will the Minister also outline whether the issue of Kashmir was on the agenda, and what steps are being taken to ensure that the UN resolutions are upheld? The reality is that the Indian Government have utter contempt for international law and human rights—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am terribly sorry, but we will have to leave it there, Afzal.

I am grateful to Debbie Abrahams for offering to give up her wind-up in order that the last speaker, Zarah Sultana, will have the full three minutes.

[Zarah Sultana (Coventry South) (Lab)]

Thank you, Mr Deputy Speaker, and I thank my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams).

Today’s debate on rights abuses in Kashmir is one close to my heart. It is very personal for me. In the 1960s, my grandfather came to the west midlands to work in the foundries, having left his home in Kashmir. I still have family in the region, and that is what makes what is happening in Kashmir all the more painful.

It is now more than two years since the BJP Modi Government unilaterally revoked articles 370 and 35A of the constitution, robbing Indian-occupied Kashmir of autonomy, reflective of its status as an occupied territory, violating UN resolution 47 and initiating a brutal lockdown. This has intensified human rights violations in the region, with widespread reports of torture, rape, extrajudicial execution and illegal detention. In what is now the largest military occupation in the world, the internet connection was cut off, and political leaders, activists and journalists were arrested.

In 2020, following its reports of widespread state abuses, human rights organisation Amnesty International faced reprisals from the Modi Government and was forced to halt its operations in the region. These repressive actions have been mirrored in how the Indian Government have cracked down on the largest protests in world history, led by tens of thousands of farmers; in how they have unlawfully detained British Sikhs in India, such as Jagtar Singh Johal; and in how they attempted to have three British Sikhs from the west midlands extradited, only for Westminster magistrates court yesterday to rule that there was not evidence to justify it. I send my solidarity to the families of these men, who have faced months of agonising uncertainty and fear, and to the Sikh community in Coventry and across the UK.

Human rights abuses in Kashmir are not simply some issue of foreign policy of which Britain can wash its hands of responsibility, nor are they a bilateral issue for India and Pakistan to resolve. This House has a special responsibility for the plight of the Kashmiri people. In 1947, as the colonial power, the British Government oversaw partition of the Indian subcontinent and rejected calls for Kashmiri independence. That decision laid the groundwork for the oppression we see in Kashmir today. But far from standing up to the Indian Government for their violations of human rights and international law, this Conservative Government would rather cosy up to Prime Minister Modi, and would rather refuse to speak out and, once again, demonstrate moral cowardice that shames this House.

Britain has a special responsibility to the Kashmiri people, and it is long past time that we spoke up for their inalienable rights and pursued diplomatic channels to secure UN resolution 47, securing their right to self-determination.

[Mr Deputy Speaker]

Apologies to Jim Shannon, who has been here throughout, but, sadly, we have run out of time. Wind-ups—I call Hannah Bardell.

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[Amanda Milling]

I want to make a couple of points, but I might come back to hon. Members if I have time.

My hon. Friend the Member for Burnley (Antony Higginbotham) made a point about the diplomatic network. We regularly raise our concerns about human rights and about the situation in Kashmir at a senior level within the Governments of Pakistan and India. This is done at ministerial level and through officials from our high commissions in Islamabad and New Delhi. Officials from the British high commission in Islamabad visited Pakistan-administered Kashmir earlier this year. Their counterparts in New Delhi are discussing the possibility of their own visit to India-administered Kashmir and are in regular touch with contacts there.

Let me make a couple of points about some other issues that have been raised. We voiced our concern when the Indian Government introduced restrictions on assembly and communications in India-administered Kashmir in August 2019, and we are pleased that the vast majority have since been relaxed. We welcomed reports that many of those who were detained have been released, but we understand that a number of political detainees remain. We call on the Government of India to ensure that they are released as soon as possible.

Let me be clear: freedom of expression and media are essential qualities of a functioning democracy. Just as with India, ties between our people underpin our strong relationship with Pakistan. We continue to urge the Government of Pakistan to guarantee the rights of all citizens as laid down in the constitution of Pakistan and in accordance with international standards—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am afraid that we have to leave it there. I thank everybody who took part in the debate.