My Lords, I thank all noble Lords who are taking part in this debate. Human rights are universal, and Britain is known to be a champion of human rights around the world. As parliamentarians of this country, it is our moral duty to highlight abuses of these rights wherever they occur.
Today, I will speak on human rights in India and particularly in Indian-administered Kashmir. Amnesty International’s India 2021 report states:
“The authorities used repressive laws to silence critics by curbing freedom of expression both offline and online. Human rights defenders, including activists, journalists, students, lawyers and actors, continued to face intimidation and harassment. Independent investigations revealed a massive unlawful surveillance apparatus being used by the government against human rights defenders, violating their rights to privacy, non-discrimination and data protection. The foreign contribution law was misused to crack down on human rights NGOs. Police and security forces used excessive force against members of minority communities and farmers protesting peacefully against laws on farming. Courts undermined the right to a fair trial and delayed hearing crucial cases involving violations of human rights … Caste-based discrimination and violence against Dalits and Adivasis continued unabated. Vigilante cow protection groups attacked minority communities, adversely affecting their livelihoods.”
The report goes into detailed examples and is available online for everyone to read.
The human rights situation in India has also been highlighted by Gregory Stanton, the founder and director of Genocide Watch, an expert who predicted the massacre of the Tutsis in Rwanda years before it took place in 1994. During a US congressional briefing in January 2022, he said that there were early “signs and processes” of genocide in the Indian state of Assam and Indian-administered Kashmir.
Stanton said that genocide was not an event but a process and drew parallels between the policies pursued by Indian Prime Minister Narendra Modi and the discriminatory policies of Myanmar’s Government against Rohingya Muslims in 2017. Among the policies he cited were the revocation of the special autonomous status of Indian-administered Kashmir in 2019, which stripped Kashmiris of the special autonomy they had had for seven decades, and the Citizenship (Amendment) Act the same year, which granted citizenship to religious minorities but excluded Muslims.
I want now to focus on the situation in Indian-administered Kashmir. As many noble Lords know, I am perhaps the only Member of this House who was born in Azad Kashmir—the Pakistan-administered area—and I have family and friends living on both sides of the line of control that divides the state between India and Pakistan. What happens in Kashmir affects me, my family and approximately 1.2 million Britons of Kashmiri origin living in the UK.
Without going too much into the history or politics of the state, I want briefly to remind your Lordships that when the Indian army came to Kashmir in 1947, the Prime Minister of India at that time, Mr Nehru, is on record as saying that the Indian Army was there to protect the lives and property of the Kashmiri people. He took the matter to the United Nations and obtained UN resolutions promising Kashmiris the right of self-determination through a plebiscite. Mr Nehru promised the Kashmiris and the whole world that, as soon as peace was restored, his forces would withdraw, and Kashmiris would decide their own destiny. He further said:
“At the end, even if they decide to stay separate from India, we will swallow that bitter pill.”
In 75 years, India has deviated from the UN resolutions and increased its army deployed in Kashmir to nearly 900,000, with special powers granted under the Armed Forces (Special Powers) Act. In these 75 years, more than 100,000 Kashmiri civilians have been killed and many more detained and tortured. According to Amnesty
International, Human Rights Watch, the UN Commission on Human Rights and many other credible organisations, Indian security forces are reported to be involved in illegal detentions, torture, extrajudicial killing, fake encounters, rape and murder with complete impunity under the Armed Forces (Special Powers) Act. An Amnesty International report called A ‘Lawless Law’ throws light on some chilling facts of rape and torture. The widely reported and documented case of the Kunan Poshpora gang rape is an example of brutality committed with complete impunity.
The New York-based human rights group Human Rights Watch, in its recent report, said:
“The authorities have invoked the Jammu and Kashmir Public Safety Act, as well as terrorism allegations, to conduct raids and arbitrarily detain journalists, activists, and political leaders without evidence and meaningful judicial review. The authorities have also barred several prominent Kashmiris from traveling abroad without providing reasons … In November 2021, the authorities arrested a prominent Kashmiri human rights activist, Khurram Parvez,”
who is 44 years old,
“on politically motivated charges under … the Unlawful Activities Prevention Act (UAPA) … He has documented cases of enforced disappearances and investigated unmarked graves in Kashmir,”
and as a result the Indian authorities have detained him. The report continues:
“Journalists in Kashmir face increasing harassment by security forces, including raids and arbitrary arrests on terrorism charges. Authorities in India have shut down the internet more often than anywhere else in the world. A majority of those shutdowns have been in Kashmir, where they are used to curb protests and access to information … In March 2021 … UN expert mandates wrote to the Indian government seeking information about the detention of a Kashmiri politician, Waheed Para; the alleged killing in custody of a shopkeeper, Irfan Ahmad Dar; and the enforced disappearance of Naseer Ahmad Wani, a resident of Shopian district. They raised concerns about ‘the repressive measures and broader pattern of systematic infringements of fundamental rights used against the local population, as well as of intimidations, searches, and confiscations committed by national security agents.’”
According to the UNHCR, thousands of mass graves have been discovered and need to be investigated. In its 2018 and 2019 reports, the UNHCR asked for free access to investigate these reports of human rights abuses, but India has refused to co-operate.
According to a Kashmiri NGO called the Legal Forum for Kashmir, 26 prominent Kashmiri political leaders and clerics are detained under the public safety Act, UAPA and similar draconian laws. They include Shabir Shah, detained for more than 32 years; Asiya Andrabi, in prison since 2018; and Masarat Alam Bhat, detained for more than 20 years. The Legal Forum for Kashmir has also produced a list containing names and details of 872 Kashmiri youths and political activists held in detention, most of them under the PSA or similar laws. I am willing to share these lists with the Minister and urge him to raise these cases with the Indian Government for their release.
Taking the above information into account, I ask the Minister the following questions. First, can he assure the Committee that our future free trade deal with India will be linked with human rights? If not, why not? Secondly, will he ensure that India is included in the FCDO’s annual list of countries with human rights concerns? Thirdly, considering the reports of
Genocide Watch seriously, what steps are His Majesty’s Government taking to prevent a genocide in Kashmir? Finally, does he consider the UN resolutions on Kashmir of 1948 and 1949 to still be relevant? If so, what will our Government do to help implement them?
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