Human Rights: Kashmir

Steve Baker Excerpts

Thursday 23rd September 2021 Commons Chamber

[Mr Steve Baker (Wycombe) (Con)]

My hon. Friend is making a powerful case; this will give him a little more time in a moment. Does he agree that we need to say to those people in India, and indeed in Pakistan, who would prefer us not to debate these matters, that we have no choice because so many of our constituents have friends and family in the area, and perhaps even their own homes there?

[Robbie Moore]

My hon. Friend makes an excellent point. We are here to represent our constituents, who have loved ones in Kashmir and are deeply concerned about the horrific situation that is continuing.

The UK’s fundamental values are freedom and democracy. That applies not only to the situation in Kashmir, but right across the world, and of course we are seeing a terrible situation in China with the Uyghur Muslims. I would like UN human rights officials to get access to both sides of the lines of control to find out the facts. India and Pakistan are both long-standing friends of our country and that is strengthened by large Indian and Pakistani communities across the UK. But a solution to the situation in Kashmir must be sought. After all, both countries are nuclear powers. The solution must be sought at speed.

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[Mr Steve Baker (Wycombe) (Con)]

I congratulate the chair of the all-party parliamentary Kashmir group, the hon. Member for Oldham East and Saddleworth (Debbie Abrahams), on her work. I am grateful for the opportunity to be one of her vice-chairs.

In the limited time available, I want to focus on one specific issue: the alleged use of cluster munitions by India along the line of control. I received a letter from the high commission for Pakistan on 21 May 2020, which explains:

“India struck the habitation of civilians along LoC on 30th July 2019, with cluster bombs;

9 villages were hit in the District Neelum of Azad Jammu and Kashmir, namely: Jabri; Chilliana; Rajgan; Pahallan; Patti Jageer; Nausadda; Nauseri; Garhi Dupatta; & Qaiser Kot”.

Seventeen cluster bombs—I will come back to this point—were used by the Indian army. Three of them exploded, resulting in 18 casualties—four people killed and 14 injured—while the remaining 14 bombs were defused. The high commission writes:

“On 5th August 2019, Military attaches from 5 countries, including the UK, were taken to the site. Delegation also interacted with victims of cluster bombs;

Evidence collected…has been preserved”.

I have received a rather upsetting dossier from Pakistan and have written to the Government with the allegations and with the dossier. In particular, the dossier shows the remnants of what appear to be cluster munitions having been used.

If the British Government had one of our military attachés on site, it is extremely important that we should know whether cluster munitions were used. If India did not use cluster munitions, then a great nation such as India should not stand accused, but if it did use cluster munitions, I would consider that a crime against humanity, and I will explain why.

I was a Royal Air Force officer 25 years ago, and I will never forget watching cluster bombs being dropped. I invite Members to consider two aircraft coming through at 450 knots and 300 feet, each dropping a pair of weapons which, when they come off the aircraft, spin fast and throw about 174 bomblets. They will scatter across an area 1,000 feet by 500 feet per pair, and not all of them will explode. That area will be covered with fire, smoke, shrapnel and death—a very effective weapon against columns of tanks and mixed infantry in the Soviet era, perhaps, but a totally unacceptable weapon to use against civilians and villages. I consider it a crime against humanity that such a thing should have been used. The Government replied that they were

“aware of reports of the use of cluster munitions”

but otherwise there was a degree, if I may say, of equivocation.

As India develops and emerges and becomes an ever-greater power, I am aware of the importance to the whole world that it turns towards the maritime, liberal, market democracies, such as us, the United States and the countries of the trans-Pacific partnership, and becomes a country that promotes peace and prosperity, not towards China or Russia or authoritarianism. However, around one in six of my constituents is a British Kashmiri, and some people will have property in Kashmir like others have property in France. When a man shows me an image of his house on the line of control burning because it has been shelled and tells me that his family were in that house not long before, what is going to happen if British people and their children get killed and maimed because they happen to be in their homes on the line of control when India uses cluster bombs? The situation must be established and dealt with, and the Government have a duty.

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[Stephen Kinnock]

I think it is important to see Simla and the UN resolutions as a framework for peace. What is very important in all those resolutions is that the agreements and peace negotiations have to be between all the parties. That is the key point about not taking unilateral action, which I will come to.

The Labour party does not interfere with the internal affairs of other nations, but we do seek to uphold what we see as universal values; namely, respect for the rule of law, support for democracy and the promotion of universal rights and freedoms. Where we see those principles being violated, we will comment, and we will urge other Governments to take action and change course.

Fifty years after Simla, we recognise that the situation on the ground is deeply troubling. By some accounts, as many as 95,000 people have been killed in the last 30 years alone, and Kashmir is recognised as the most heavily militarised place in the world. It is deeply distressing that Kashmir has become a political football in a sordid game of great power competition between India, China and Pakistan. What a dangerous game that is, given that each of those nations holds nuclear capabilities.

[Mr Steve Baker]

Will the hon. Gentleman give way?

[Stephen Kinnock]

I apologise to the hon. Gentleman, but I am going to have to push on.

On 5 August 2019, the Indian Government’s Jammu and Kashmir Reorganisation Act unilaterally revoked article 370 and replaced the autonomous state of Jammu and Kashmir with two new union territories governed directly by New Delhi: Jammu and Kashmir, and Ladakh. What followed was an Indian army-imposed lockdown in Jammu and Kashmir, lasting until February 2021, in tandem with a communications blackout. The lockdown and the internet ban had a far-reaching impact on every aspect of life for the Kashmiri people; education, health services and media freedom were all undermined. The Indian Government maintain that their decision to unilaterally revoke article 370 is an internal matter, claiming that such actions do not interfere with the boundaries of the territory or the line of control, and citing security concerns based on attacks by what New Delhi believes to be Pakistan-backed militant groups. Indeed, we all recall with great sadness the tragic suicide-bomb attack on 14 February 2019, which targeted Indian soldiers in Kashmir.

However, the Labour Party recognises that those who are opposed to the revocation of article 370, and the subsequent lockdown, are understandably angered by what they see as a unilateral act of aggression on the part of the Indian Government. There can be no doubt that that unilateral action was counterproductive in terms of trying to achieve a peaceful and just long-term settlement. Furthermore, in line with Labour’s commitments to universal rights and the rule of law, we urge the Indian Government to consider carefully the impact on the individual rights and freedoms of innocent Kashmiri citizens when taking such significant action.

I also make clear that the Labour party will always speak up vociferously in defence of the human rights of the people of Kashmir. On that note, we recognise the hardship faced by those living in Pakistan-administered Azad Kashmir, where the Azad Jammu and Kashmir Elections Act 2020 clearly contravened universal freedoms of expression, association and peaceful assembly. In a letter to the Muslim Council of Britain on 8 May, my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer), the Leader of the Opposition, made it clear that all sides must play their part in ending the conflict. He wrote:

“Our position on Kashmir has not changed. We support and recognise previous UN resolutions on the rights of the Kashmiri people but maintain that if we are to find a lasting settlement…that can only be achieved”

by

“India and Pakistan working together, with the people of Kashmir”.

It is with that in mind that I have the following questions for the Minister.

First, since taking up her new role, has she yet sought to impress on her Indian and Pakistani counterparts the need for a plan to demilitarise the larger Kashmiri region? On that note, has she met yet with the high commissioner for India? Did she make clear the need for the Indian Government to uphold human rights in Jammu and Kashmir?

Secondly, what meetings has the Minister had with human rights organisations about the situation in Jammu and Kashmir? Does she give support to the work of the International People’s Tribunal on Human Rights and Justice in Kashmir, which seeks to address the human rights situation?

Thirdly, do the Government have any plans to send a delegation to Jammu and Kashmir to assess the human rights situation and to report back to Parliament? Her predecessor said that the Government were looking to do that once the pandemic allowed.

Finally, will the UK Government commit to doing all they can to support and work with representatives from India, Pakistan and Jammu and Kashmir, including all five regions, to deliver justice, peace and resolution to that terrible conflict? I welcome her again to her place, and I look forward to hearing her answers.

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[Amanda Milling]

I am afraid that I will struggle for time, but if I get time I will come back to my hon. Friend.

I assure hon. Members that the India-UK relationship allows for candid exchanges on important issues, including human rights. The number of Members who participated in the debate demonstrates that Kashmir is a top issue that is close to the heart of so many hon. Members and their constituents; many have ties to the area, including friends and relatives living on both sides of the line of control.

The Government take the situation in Kashmir very seriously, but it is for India and Pakistan to find a lasting political solution, taking into account the wishes of the Kashmiri people. It is not for the UK to prescribe a solution or to act as a mediator.

[Mr Steve Baker]

Will the Minister give way?

[Amanda Milling]

I am sorry, but I do not have time.

The position has remained the same across successive British Governments. It would be for India and Pakistan to agree if they desired external mediation from any third parties. We welcomed the renewal in February of the ceasefire along the line of control and we encourage both sides to find lasting diplomatic solutions to maintain regional stability.