Human Rights on the Indian Subcontinent Debate
Full Debate: Read Full DebateShabana Mahmood
Main Page: Shabana Mahmood (Labour - Birmingham Ladywood)Department Debates - View all Shabana Mahmood's debates with the Foreign, Commonwealth & Development Office
(12 years, 11 months ago)
Commons ChamberI am grateful to be called to contribute to this important debate and I congratulate the hon. Members for Wycombe (Steve Baker) and for Ilford North (Mr Scott) on securing it. I am pleased that it has proved so popular with parliamentary colleagues, although the unfortunate flip-side is that we have a strict time limit on our contributions.
Like the hon. Member for Wycombe, I wish to focus my comments on the situation in Kashmir. This topic is important to me because my constituency, and Birmingham as a whole, has a large British-Kashmiri population, some of whose members are here for the debate and many of whom have written to me asking me to voice their concerns in the House. The subject is also important to me personally, because I am of Kashmiri origin: my family originated from the Mirpur district of Pakistani-administered Kashmir, both my parents were born there and I still have family and friends there. Consequently, the plight of Kashmiris and the necessity of finding a peaceful resolution to the Kashmir dispute have loomed large in my life.
For too long the beautiful region of Kashmir, often described as paradise on earth, has been caught in one of the world’s most dangerous conflicts, but it is a conflict that is little reported and often does not get the media and global political attention that it needs and deserves. I am grateful, therefore, that this debate has given us an opportunity to focus on the issue. I know, too, that many British Kashmiris are grateful to the all-party group on Kashmir and Sultan Mehmood Chaudhry, a former Prime Minister of Azad Kashmir, for their efforts to raise the profile of this dispute and to secure political debate and action.
The failure to resolve the Kashmir dispute, and particularly the failure to give effect to UN resolutions from the 1940s urging a plebiscite in Kashmir so that the Kashmiri people can determine their own future, has resulted in an uprising in Indian-administered Kashmir, the suppression of which, according to Amnesty International’s “lawless law” report, has led to grave human rights violations. The report highlights disturbing and unacceptable cases of abuse, with the application of the Jammu and Kashmir Public Safety Act 1978, in particular, undermining efforts to achieve a peaceful resolution. Amnesty International found that many cases in which the Public Safety Act had been applied involved lengthy periods of illegal detention of political activists seeking Kashmiri independence, in violation of Indian national law as well as international law. Many cases featured allegations of torture and other forms of ill treatment being used to coerce people into making confessions.
One of the most offensive features of the Public Safety Act is that it provides for immunity from prosecution for officials operating under it, thereby granting impunity for human rights violations under the law. The application of the Act, together with the discovery of mass graves in Kashmir, the Mumbai attacks in 2008 and Kashmir’s bloody summer of 2010, have undermined the prospects for a resolution of the dispute.
My hon. Friend is making a passionate speech, and I am proud to be sitting here listening to her. Does she agree that India should accept the findings of the commission on the mass graves in Kashmir?
I am grateful to my hon. Friend for her intervention, and I endorse her contribution. I know that she, too, is a passionate advocate of human rights on the Indian subcontinent.
A resolution is needed, desperately and urgently. The world, and especially the people of Kashmir, cannot afford for India and Pakistan to be engaged in perpetual dispute over the region. The human cost is too great. The partition of the two countries in 1947 resulted in hundreds of thousands dead. In the three wars that have been fought between the two states more than 15,000 people have died, and the estimates of the number of dead following the uprisings in Kashmir range from 40,000 to 100,000. Both countries spend too much of their budgets on defence; that money should be channelled into eradicating poverty and promoting health, education and human rights. India and Pakistan have both acquired nuclear weapons, and the fear that the hostility between the two countries, which springs from a mix of religion, history and territory, might change quickly into armed conflict is very real and never too far away. Meanwhile the people of Kashmir continue to suffer, so a resolution of the dispute deserves and demands our attention, and talks must be pursued with vigour on all sides.
Does the hon. Lady agree that this debate shows that we are not forgetting Kashmir? The treatment of the people of Kashmir is key, and we will not ignore that.
I endorse the hon. Gentleman’s comments. As I have said, I am grateful that we are having this debate today.
I said that all sides needed to pursue a solution with vigour, because too often the rest of the world sees only India and Pakistan as the main contestants in the dispute. It is my contention, however, that the Kashmiri people themselves are the central party and should be treated as such, as it is their future that is at the heart of the dispute.
I also think that the British Government have a vital role to play, not only because of our history but because our country is home to large diaspora communities from India, Pakistan and Kashmir. We therefore have a unique insight into the intricacies of the dispute, and an important role to play in achieving its resolution. We should be a critical friend to both India and Pakistan, and a strong advocate of the rights of Kashmiris. They are a strong, resilient, proud, generous and passionate people, and their land is a place of great natural beauty and potential. Their plight demands our attention, and they deserve our efforts to bring the injustice that they have suffered to an end.
No, I will not.
Some of the worst human rights abuses of recent memory have occurred in Pakistan, Sri Lanka and Myanmar, in a part of the world where, frankly, India stands out as a beacon of democracy on the subcontinent. The relations between India and the UK, at both a trade and a strategic level, are excellent. They reached new levels of cordiality after Tony Blair’s visit in 2005, when the two Prime Ministers signed the New Delhi declaration, and they have been further strengthened by the current Prime Minister’s visit last year. Economically and culturally, as well as strategically, it would be a retrograde step should a debate such as this sour those excellent relations.
I first visited Kashmir in 2000, when I took a delegation of MPs on a fact-finding visit. We visited at a particularly important time: two years previously, both India and Pakistan had declared themselves nuclear weapon states. Pakistan had announced that it would adopt a doctrine of first use in certain circumstances. India had stated to the international community that it would never use nuclear weapons first. It was a time of great tension.
In 1999, Atal Bihari Vajpayee travelled to Pakistan to meet Nawaz Sharif. It had been hoped that that might reduce the tension between the two states and all seemed well. Three months later, however, Pakistan-based militants invaded across the border at Kargil on the line of control into India. A bloody border conflict started in what became known as the phoney war. That invasion directly violated the Simla agreement of 1972, in which both nations agreed to resolve the issue of Kashmir by exclusively peaceful means.
President Clinton summoned Nawaz Sharif to the White House and persuaded him to withdraw Pakistani forces from Kargil. The confrontation de-escalated until Nawaz Sharif was overthrown by General Musharraf, who had been the key architect of the Kargil incursion. In 2000, Musharraf proclaimed himself the new President of Pakistan, without the benefit of a general election. In the following months, India was subjected to some of the most vile and well-orchestrated state-sponsored terrorist attacks ever seen, including the hijacking of an Air India flight, the attack on the temple at Gandhinagar and, of course, the attack on the Indian Parliament.
Despite the constant threat to India’s citizens from hostile parties at home and abroad claiming thousands of lives every year, India has continued to stand for tolerance and human rights in that part of the world. Terrorist groups such as Lashkar-e-Taiba and Jaish-e-Mohammed have continued to bombard India with state-sponsored terrorism supported by Inter-Services Intelligence.
It is against that background that we must consider today’s Amnesty International report. The report documents detentions under the Jammu and Kashmir Public Safety Act and makes some specific allegations. It is right that this House should consider them, albeit in the context of public safety that I have outlined. The report relates to more than 600 individuals detained under the Public Safety Act between 2003 and May 2010 when the research was conducted. That is fewer than 90 people each year for seven years. Amnesty states:
“The research shows that instead of using the institutions, procedures and human rights safeguards of ordinary criminal justice, the authorities are using the PSA to secure the long-term detention of political activists, suspected members or supporters of armed groups and a range of other individuals against whom there is insufficient evidence for a trial or conviction”.
That sounds remarkably similar, as the hon. Member for Wycombe admitted, to this country’s Prevention of Terrorism Act 2005. On 14 July last year, he voted to keep detention at 28 days and I think I voted to bring it down to 14 days.
At this year’s Reith lectures, Eliza Manningham-Buller, the former head of MI5, talking about security, said that
“not all intelligence can be turned into evidence. It can fall well short. As I have said before, of evidential standards, hearsay at third hand, things said, things overheard, things seen and open to varying interpretation, rarely clear-cut even with the benefit of hindsight…and which any judge would unhesitatingly kick out even if the prosecution thought them useable. That requires us to accept that not everyone who presents a threat can be prosecuted.”
It is in that light that we need to consider these allegations.
I entirely agree with my hon. Friend and thank her for her intervention. Wherever suffering occurs, we must always support human rights; we have a record in doing so. More than one of my hon. Friends has mentioned that India is a great democracy. Indeed it is, but great democracies can also commit sins and have blood on their hands. In Britain, we consider ourselves to be a great democracy, but recent revelations about the Hola camp and what we did in Kenya, as well as about what we did to certain prisoners in Iraq suggest that even a democracy like ours can have blood on its hands. We must not excuse terrible things just because a country is a democracy.
Does my hon. Friend agree that no democracy—whether it be the world’s largest or not—should be afraid of a debate, either in the House, like today’s debate, or anywhere else, if that debate helps to shed some light on what is going on in another part of the world?
I entirely agree with my hon. Friend.
I was about to make an important point about Robin Cook’s reference to an ethical foreign policy. It did not make him popular with America, but Robin Cook stood by his position and resigned over the Iraq war. That contrasts with what I believe Palmerston once said, and here I paraphrase—that in politics, there are no such things as rights and wrongs, only interests. We must raise ethics above interests sometimes in politics, as I am sure all Members do. In time, I hope that we will ensure that Pakistan and India come to a moral and ethical solution, allowing Kashmir and the Kashmiri people to determine their own future.