Kashmir

Nusrat Ghani Excerpts

Thursday 19th January 2017 Commons Chamber

[Nusrat Ghani (Wealden) (Con)]

First, I wish to congratulate my hon. Friend the Member for Bury North (Mr Nuttall) on securing this debate and on being such a strong advocate for Kashmir and Kashmiris in the Chamber.

In 1947, India and Pakistan partitioned, bringing about the largest migration of people in history, with more than 14 million people—refugees—crossing the newly formed India-Pakistan border for safety. One border disputed to this day is Kashmir, a small piece of land in the Himalayas which today is an unstable home to 12 million Kashmiris. On 24 January 1949, the first group of United Nations military observers arrived in Jammu and Kashmir to oversee a ceasefire between India and Pakistan. Almost 70 years later, India and Pakistan have evolved but Kashmir is still a region beset by political disagreement, violence, and human rights violations. Its population is just 12 million, yet more than 3,000 people have disappeared during the past 70 years and the conflict has left more than 47,000 people dead, including 7,000 police personnel. The death toll continues, with both India and Pakistan at an impasse, as was depressingly noted in a House of Commons Library research paper on Kashmir. It stated:

“Currently, the two governments”—

those of India and Pakistan—

“are engaged in a process of rapprochement. This is not the first such process, but it has given rise to optimism.”

That paper was written in 2004, and India and Pakistan have still got nowhere. Optimism has run dry, and bloodshed and bullets in Kashmir have taken over.

UN observations have taken place at various times since 1949, at considerable cost, but to what effect? Resolutions have been passed calling for ceasefires, for security forces to be withdrawn, and for a plebiscite giving Kashmiris the opportunity to decide whether to join India or Pakistan, or even to determine their own future—that is the cornerstone of any civilised democracy.

[Nigel Huddleston (Mid Worcestershire) (Con)]

The UN clearly has a pivotal role to play in Kashmir, but does my hon. Friend believe it has sufficient skills, resources and political will to do what we are expecting of it in securing peace?

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[Nusrat Ghani]

My hon. Friend makes a good point. I would say that the UN has considerable skill and considerable resources, but it is falling down on political will. Seventy years have been lost and Kashmir pays the price with lost lives and livelihoods. Last year, it saw an unprecedented level of violence and curfew, with 68 civilians killed and more than 9,000 people injured during months of unbroken violence. This was the bloodiest episode in Kashmir’s recent history. The shame of the international community in failing to recognise the violence and offer support to Kashmiri civilians is a bloody stain on all our history books.

The UN High Commissioner for Human Rights emphasised the importance of an

“independent, impartial and international mission”

within the conflict-ridden region, with “free and complete access”. Top UN officials have said that they continue to receive reports of Indian forces using excessive force against the civilian population under India’s administration, yet India has refused the United Nations High Commissioner for Refugees access to investigate allegations of human rights abuses. I fully accept that Pakistan, not just India, has to allow the UN access to Kashmir so that it can evaluate the damage that the conflict has caused before it becomes another footnote in Kashmir’s history.

The UN has had 70 years to help Kashmiris, but instead has for too long wilfully sidelined the dispute. We need a renewed effort for honest UN involvement to resolve the current crisis, with the UN using all its powers to investigate the crimes committed. What pressure can the UK, by taking advantage of our privileged position on the Security Council, put on the UN? The UN has to show some humility and give some backbone to its statements. No resolution or reconciliation can resume until there is acceptance, not dispute, over the lives lost and damaged. Unlike at any other time in history, we have a real role to play, offering our hand of friendship and partnership. Pakistan is one of the biggest recipients of our aid funding and a partner in tackling terrorism.

Only last year, the Prime Minister visited India to secure a substantial trade deal. During that trip, what discussions took place on Kashmir? Will the Minister update the House on his discussions on Kashmir with his counterparts in both Pakistan and India?

Prime Minister Modi of India said that

“any meaningful bilateral dialogue necessarily requires an environment that is free from terrorism and violence”,

and he is absolutely right. The recent escalation of violence creates terror where no authority is trusted, not even those that are meant to offer protection.

In Kashmir, pellet guns are being used by security forces. The Indian Government have advised that pellet guns should be used rarely, and only in pressing circumstances, yet the Central Reserve Police Force continues to use them persistently. These guns cause life-threatening injuries and brutally blind people—so far, more than 9,000 people have been injured. By their very nature, these pellet guns are the antithesis of targeted precision. They spray and maim through a 6-foot circle. It is impossible to limit the number of casualties with a 6-foot fan of pellets. These are not precision weapons or defensive weapons, and their use in open public places must constitute a human rights violation.

With a pellet gun, anyone and everyone within that 6-foot circle is a target, even children sitting at home. Twelve-year-old Umar Nazir was in the courtyard of his home—he was not protesting—when his eyes were hit by pellets. Both his eyes are injured, with little vision left. He is recovering in Srinagar, where the ophthalmology department has stated that it lacks the medical supplies to proceed with surgeries for injured retinas because the demand is so high. Depressingly, a former Chief Minister of Jammu and Kashmir was forced to tweet Prime Minister Modi to ask for eye surgeons and eye trauma experts to be sent to Kashmir to help those with injuries. People’s lives are being lost and people’s vision is being removed for life, and the best way to get help from Government agencies seems to be by sending a tweet. That is how desperate the situation has become.

Will the Minister ask his Indian counterparts what their justification is for using pellet guns in public spaces? I can see none. Does he agree that the indiscriminate nature of such weapons constitutes a crime when they are used in public spaces? The Central Reserve Police Force has refused to share its operating procedure for this lethal weapon. Will the Minister put pressure on India to disclose its justification? Perhaps the Indian authorities can share with us which other liberal democracy uses such a weapon on its own people. Will the Minister tell the House what aid or medical support is being provided to Kashmiri hospitals?

The human rights violations I have described should be argument enough for UN access for observation. Human rights violations will not disappear without observation; they will just be disputed. If the UN takes the Vienna declaration seriously, it must step up its activity and willingness to be involved.

This is not just a regional issue. India and Pakistan both have nuclear weapons, so the stakes in the dispute are high. Pakistan is reputed to have the 11th strongest military in the world; frighteningly, it is also ranked as the 14th most fragile country. This regional dispute is not so regional: when two nuclear powers fail to resolve such a volatile dispute, it affects us all and has the potential to threaten us all. That is especially true as the terror has taken a new, violent form.

Access to books and education is key to building a strong community. For the first time, schools and educators have become targets. Village schools are being targeted for destruction, with at least 24 being burned to the ground last year. In one incident, the principal of a school in Bugam, Mohammed Muzaffar, rushed to the school as it was burning to the ground. He cried out that it was like his home being burned. It was no ordinary school: built in 1948, it housed 3,000 books.

With schools on fire, teachers fearing for their lives and books burned to ashes, the future is bleak for both young and old in Kashmir, as is its economic security. It is in all our interests that the crisis in Kashmir is recognised, that the full force of our international community is marshalled to support the UN in gaining access to Kashmir, and that all our diplomatic relations are focused on providing a resolution and respite for Kashmir.

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[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

The House will know of my long-standing interest in Kashmir. Many thousands of British citizens of Kashmiri extraction have made their home in my constituency, and I take an interest on their behalf, but I have a more personal interest as my family originates from Kashmir. All four of my grandparents were born in Kashmir before my family moved to this country, so this debate has very personal resonance for me.

The hon. Member for Bury North (Mr Nuttall) has already set out the background to this long-standing dispute and I pay tribute to him and to others who led the charge to secure today’s Backbench business debate.

We have heard already that this is a long-standing dispute between two nuclear-armed powers in one of the world’s most heavily militarised regions. It does not receive enough attention anywhere outside the region, and certainly not in our own country given the size of our British Kashmiri population; it certainly has a lot of attention from that population, but not enough from those outside it. I therefore pay tribute to all the doughty campaigners from all parties who have taken every opportunity available to raise this serious matter in the House of Commons and to press both our current Government and previous Governments to do more to help to build a resolution to this long-standing crisis.

The further push for debate on Kashmir has come as a particular result of the upsurge in violence and fighting in Indian-administered Jammu and Kashmir since last summer. We see the unacceptable failure of the whole world, the refusal to give effect to UN resolutions and the denial of respect for the self-determination of the Kashmiri people playing out in the worst possible way. People have lost hope and are rising against that loss of hope to try to force to have their rights be respected.

That significant upsurge in violence has elicited a brutal response from the Indian authorities. I am afraid that I wholeheartedly disagree with my hon. Friend the Member for Ealing, Southall (Mr Sharma). I do not believe that it is possible to minimise the extent to which the Indian authorities have acted in a disproportionate manner that has significantly harmed and, indeed, created great tragedy for the Kashmiri people in the region. This is the biggest uprising in two decades and the brutality of the response of the police and security services cannot be ignored. The fact that that is the case is upheld by human rights organisations across the world, including Human Rights Watch, whose world report for 2017 found clear evidence that the police and security forces have acted with impunity, that there have been extra-judicial killings and that mass rape has occurred. All those things are not acceptable.

I concur with the comments made by the hon. Member for Wycombe (Mr Baker). Of course, there will be questions about the veracity of the videos we will see on YouTube, on Facebook and elsewhere on social media, but there should be an open investigation to prove the veracity of the videos. If they are true—I believe that they will be found to be true—there are big questions for the Indian Government to answer.

I have to say to my hon. Friend the Member for Ealing, Southall that the big difference between the Indian Government and other Governments that commit human rights abuses is that India is the largest democracy in the world. Being a democracy is not simply about giving people a vote to decide their Government. It includes much more. It is about fundamental respect for the rule of law and for basic human rights that must be protected and that sit alongside the ability of the people to elect their Government.

[Nusrat Ghani]

Will the hon. Lady give way on that point?

[Shabana Mahmood]

I am afraid that I would be doing other Members out of their time if I gave way. I apologise.

The use of pellet guns has been mentioned. This is a significant issue for the Indian Government, and our Government must press them more on it. The Indian defence for the use of pellet guns to see off protestors who they say are throwing stones is that pellet guns are non-lethal. Of course, a pellet gun will probably not kill, but I defy anyone to see the pictures of the victims of pellet gun attacks and say that that is a proportionate response against civilians in a democracy. It is not, and I do not believe that anybody would stand up in this House and say that it is.

When we debate Kashmir, people who speak more in favour of the Indian Government’s stance will often say that the position of those who live in Jammu and Kashmir is better because they are able to vote, they are free to take part in the democratic process and they are basically free, and that self-determination is not necessary because they are a free people, freely electing their own local leaders with a significant devolution of power. Nobody—not one person—in Jammu and Kashmir has voted to be hurt, injured, beaten up, raped, blinded or killed. Pellet wounds are brutal. They are a brutal response by the Indian authorities and send a brutal message to the Kashmiri people. They leave brutal scars, which are not just carried by the individuals who bear the physical scars but are borne by the whole community in Jammu and Kashmir itself and all around the world by those of us of Kashmiri extraction. They are a symbol of the population’s repression, its desire to resist that repression and its cry to be heard.

That cry is falling on deaf ears in the largest democracy in the world, which wants to do more business with the rest of the world and play a greater role in world affairs. That position is simply not acceptable and our Government must not shy away from making that plain, especially in relation to the use of pellet guns. Tremendous, appalling, sustained and deliberate misery has been visited on the people of Kashmir for too long. The stories of disappearances and the discovery of mass graves have brought no official UN-led investigation whatever. The police and the security forces have impunity, especially given the implementation of the Special Powers Act of 1990. If a people are humiliated, abused and allowed to lose hope, and offered only despair in turn, and given no answers and no rights, there will an uprising. It is inevitable.

None of us as responsible legislators, also working in a democracy, can watch these events unfold and sit on our hands. We can do more. The legacy of empire demands that we do more. We have a duty to speak out more regularly. We have a duty to challenge as well as to encourage both the Indian and the Pakistani authorities. I have to say to the Minister that the written answers to the questions tabled, particularly last summer, are so bland it is as though these matters are a daily occurrence that can be ignored. That is not good enough. There are other disputes in this world that elicit much stronger responses from the Government when Members of this House table written questions. That has not been the case in relation to the dispute in Kashmir. In particular, there has been no definitive answer on whether the Prime Minister specifically raised the issue of human rights abuses with the Indian Government. It is not enough to tell us that the issue of Kashmir was raised. We need to know whether the human rights abuses and the use of pellet guns were raised.

I believe that it is now incumbent upon the British Government to make a clear call to raise this issue at the United Nations and to ask for an independent, UN-led investigation into human rights abuses, so that we can at least demonstrate that although some parts of this world see this as a forgotten conflict, or a conflict they want to be forgotten, we will never forget it and will keep fighting.

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[Imran Hussain (Bradford East) (Lab)]

I congratulate the hon. Member for Bury North (Mr Nuttall) on securing this extremely important debate that, as vice-chair of the all-party parliamentary Kashmir group, I assisted in bringing to the House. I am privileged to take part because the issue matters deeply to many of my constituents and to me personally, as my family originates from the state of Kashmir so I know the region well. Although the seriousness of the issue means that I could talk at great length, time does not permit so I will try to keep my contributions to several key areas.

I believe that the most pressing matter is the long-standing and ongoing human rights abuses taking place in the region. Last summer and long after, we saw the devastating deployment of pellet guns that resulted in the indiscriminate maiming and blinding of hundreds of Kashmiris, and the horrific photos of the aftermath of their use, with pellets embedded in the bloodied faces of demonstrators and children—images we would all like to forget. But security forces did not stop there. Thousands were injured, phone lines were cut, internet access was constrained and the region was placed under a strict curfew. We would expect such moves under a repressive regime, not one with the hallmarks of a free, open and liberal society.

The abuse then turned deadly, with the illegal use of live ammunition by security forces on unarmed demonstrators resulting in their deaths. Unfortunately, however, this is nothing new. The reality is that human rights abuses have gone on, largely unchecked, for decades in the region, as is well documented by many well-respected human rights organisations. Unaccountability for these crimes is rife. If we are to address the abuses, we must first look at the draconian Armed Forces (Jammu and Kashmir) Special Powers Act, which allows the security forces to escape justice and accountability. It was only ever intended to be invoked on a temporary basis, but has continued in force since 1990. It has been widely criticised by well-respected human rights organisations, with numerous calls for it to be repealed. I repeat those calls today because the Act grants security forces in the region heavy-handed powers to kill, arrest and search. It is because of the Act that there have been near unspeakable horrors and abuses of human rights including extrajudicial killings, forced disappearances, tormented and tortured civilians, mass rapes, widowed wives and orphaned children.

According to recent figures published in the Journal of Law and Conflict Resolution, between 1989 and 2010 there were almost 7,000 custodial killings. Some 118,000 civilians were arrested, almost 10,000 women were raped or molested, and as many as 10,000 Kashmiri youths were forcibly disappeared. There is no doubt that such abuses are taking place—I disagree with my hon. Friend the Member for Ealing, Southall (Mr Sharma)—as they are well documented. To deny that they are well documented is to go against many well-respected human rights organisations and the evidence, including video footage and photographs, that we have seen with our own eyes.

[Nusrat Ghani]

Will the hon. Gentleman give way?

[Imran Hussain]

I may come back to the hon. Lady, but she knows that time is very limited.

As has been mentioned, we must not turn a blind eye to abuses that take place. We must not ignore them or just stand by. We must send a clear message today that wherever it takes place, injustice is injustice, and it will never be tolerated.

The second important issue is that of self-determination, specifically the right of the sons and daughters of Kashmir to self-determination and the urgent need for them to be able to exercise that right. A lot has been said about UN resolution 47, calling for a plebiscite on the future of the region. The resolution is crucial to the story of Kashmir, past and present, but it is non-binding, which is why the plebiscite has not yet taken place. However, I call again for the implementation of that resolution, whether it is called UN resolution 47, a free and fair plebiscite or whatever we name it. The ultimate choice must be for the sons and daughters of Kashmir to determine their own destiny. They have waited for more than 70 years for their voice to be heard and to make a decision on their future to determine their lives. For more than 70 years, they have been denied their birth right to self-determination. The international community must do what is fair and proper, allowing the sons and daughters of Kashmir their birth right.

I am passionate about the subject and could go on, but time is not permitting, so I will conclude. I have previously asked the Minister in this House to condemn the human rights abuses in the region. I ask him again today to use this opportunity on behalf of the Government to condemn those abuses. At the very least, Minister, please accept that the abuses are taking place, and assure us that the Government are doing everything they can to allow for a peaceful resolution on the basis of the sons and daughters of Kashmir determining their own destiny—something that is very much overdue.