Congressional Hearing on Kashmir
On Wednesday, May 12, 2004, the U.S. House of Representatives,
Committee on Government Reform, Subcommittee on Human Rights
and Wellness convened a hearing entitled "Decades of Terror:
Exploring Human Rights Abuses in Kashmir and the Disputed Territories".
Testifying on behalf of the right of
Kashmiris to self determination, and condemning the egregious
human rights abuses taking place in Kashmir were Dr. Ghulam
Nabi Fai, President of the Kashmiri American Council; Hon. Attiya
Inayatullah, Advocate for Women and Children and Kashmiri Member
of the Pakistani National Assembly; Dr. Gurmit Singh Aulakh,
President of the Council of Khalistan; and Hon. Robert J. Giuda,
founder and Chairman of Americans for Resolution of Kashmir
(ARK). Also presenting testimony was Hon. Barrister Sultan Mehmood
Chaudhry, former Prime Minister of Azad Kashmir, who traveled
to Washington specifically to assist with the hearing.
The hearing was prompted in part by House
Concurrent Resolution 16, sponsored by Giuda, who is a State
Representative and Deputy Majority Leader of the New Hampshire
House. The measure was passed resoundingly by the New Hampshire
legislature in February, 2003, marking the first time in U.S.
history that a state legislature weighed in on the issue of
atrocities in Kashmir. HCR 16 called for Congress to hold hearings
on the issues attendant to the Kashmir conflict, and for the
parties to the conflict to abide by the U.N. Charter on Human
Rights.
Congressman Dan Burton (R-IN), Chairman
of the Subcommittee on Human Rights and Wellness, had originally
scheduled the hearing for early March of this year, but had
to postpone it because of higher priority Congressional activities
associated with the war in Iraq.
During his testimony, Giuda stated, "Even
as U.S. and coalition forces fight today to restore freedom
in Iraq, I ask the Committee to bring forth a resolution reaffirming
the right of self-determination for the people of Kashmir. I
ask you to stand strong in support of human rights without regard
to race, creed, gender, or national origin."
After the hearing, Giuda told reporters, "Today the United
States is convening courts-martial and conducting a sweeping
inquiry into the misdeeds of a very small minority of U.S. soldiers
in Iraq against combatant prisoners of war. There will be a
deserved day of reckoning for those U.S. soldiers who violated
the human rights of Iraqi POWs and the rules of war. Though
their actions were reprehensible, they are nowhere near as terrible
as the atrocities committed by Indian forces in Kashmir. The
world will clearly see that those who engaged in criminal acts
are brought to justice - all of them, for every act. This is
just, and it is right. It is democracy at work.
Compare this to the actions of the Indian
government, which statutorily holds its soldiers and paramilitaries
immune from prosecution for atrocities committed in Kashmir.
Indian forces have killed more than 80,000 Kashmiri men, raped
more than 9,000 Kashmiri women, orphaned more than 100,000 Kashmiri
children, and murdered more than 6,000 political detainees during
the past 15 years. Where is the rule of law? Where is justice
for these people?"
Giuda praised U.S. Representative Dan
Burton, saying, "Congressman Burton did a magnificent job
as chairman, enabling the three panels to present testimony
about decades of vicious abuse by the Indian Army, and to bring
forward several concepts for consideration as starting points
to bring an end to this terrible conflict. We are deeply grateful
to him for his long-standing commitment to human rights, and
for his courageous advocacy of the right of Kashmiris to self-determination.
Today represented a significant step forward for human rights
in Kashmir, even as the governments of India and Pakistan move
towards the possibility of meaningful political discussions
on Kashmir's future. Sadly, the Kashmiris remain uninvited to
these discussions, and thereby unable to participate as equals
in the determination of their future as a people, as a culture,
and as a political entity."
PAKPAC has been one of the main organizations
coordinating with ARK (Americans for the Resolution of Kashmir)
on the issue peaceful resolution of the Kashmir. PAKPAC representatives
had a discussion with Rep. Bob Giuda and other members of the
team who have with their tireless efforts brought the critical
and important human rights issue to a congressional hearing.
ACTION REQUEST:
Please send your letter of appreciation
to Congressman Dan Burton (Representative of the 5th Congressional
District of Indiana.) PAKPAC Congressional District Coordinators
in Indiana will be helping coordinate phone calls and emails
to the congressman as well.
CONTACT INFORMATION FOR CONGRESSMAN DAN
BURTON:
(Faxes are preferred)
Congressman Dan Burton
2185 Rayburn HOB
Washington, DC 20515
202-225-2276
FAX: 202-225-0016
8900 Keystone at the Crossing, Suite
1050
Indianapolis, IN 46240
317-848-0201 or (inside Indiana only) 1-800-382-6020
FAX: 317-846-7306
209 South Washington Street
Marion, IN 46952
765-662-6770 or 877-846-2936
FAX: 765-662-6775
Suggested Points:
a) We appreciate that On May 12, 2004
the U.S. House of Representatives, Committee on Government Reform,
Subcommittee on Human Rights and Wellness convened a hearing
entitled "Decades of Terror: Exploring Human Rights Abuses
in Kashmir and the Disputed Territories".
b) We are thankful that Congressman Dan
Burton chaired this hearing as Congressman Burton’s records
suggest his commitment to stop human right abuses and take principled
stands on issues has been exemplary.
c) It is very important that America
take special interest in ensuring a peaceful and just solution
of the crises of Kashmir. This issue has placed the entire region
of South Asia and the future of the people of South Asia at
a high risk.
d) Using his influence Congressman Dan
Burton must take this most important task to bring a just and
peaceful resolution of the Kashmir conflict and ensure his name
in the history books as a person who help avert a disaster that
threatened a quarter of the worlds population.
Text of Robert Giuda's testimony at the
May 12 Kashmir Hearing
We Hold These Truths to Be Self Evident
By Robert J. Giuda
State Representative/Deputy Majority Leader
NH House of Representatives
Honorable Members of the Committee:
I preface my remarks with the fact that
they reflect the refusal of the government of India to respond
to my repeated requests to visit Indian Occupied Kashmir. No
response whatsoever has been forthcoming, indicating de facto
rejection, similar to the experience of Congressman Pitts.
For the record, my name is Robert Giuda.
I am a 1975 graduate of the U. S. Naval Academy, former officer
of Marines, former Special Agent of the FBI, and Deputy Majority
Leader of the New Hampshire House of Representatives. I am founder
and chairman of Americans for Resolution of Kashmir.
Kashmir is classified by the U.N. as
a "disputed territory". It lies within what is arguably
the most dangerous region in the world, where the confluence
of religious, ethnic, political, military and economic factors
affords every conceivable basis for violent conflict. Over the
past 57 years, India & Pakistan fought two major wars, numerous
lesser battles, and engaged in a near-nuclear exchange just
two years ago. Kashmir today is home to the largest concentration
of ground forces on earth since World War II. 700,000 troops
and paramilitaries - half India's standing army - are garrisoned
among IOK's 8 million people. This equates to 1 armed combatant
for every 11 civilians. Pakistan maintains 95,000 troops among
the 5 million inhabitants of its sector, known as Free, or Azad,
Kashmir - roughly 1 armed combatant for every 500 civilians.
Every day, unspeakable atrocities occur
at the hands of India's army of occupation. Even as India proclaims
to the world its desire to reach a political solution to the
conflict, Indian law immunizes its army and police forces from
prosecution for actions committed under color of "prevention
of terrorism", enabling a hideous government-sanctioned
repertoire of torture, rape, murder, arson, and custodial killing.
Pakistan allows U.N. observers and human rights organizations
unfettered access to Free Kashmir, while India denies access
to substantial parts of IOK. One must ask, "Why are no
observers allowed?" What is India hiding?
India began its occupation of Kashmir
by invading it in 1947. During the past 15 years, with statutory
immunity, the Indian army has killed two percent of Kashmir's
mostly Muslim male population, raped some 9,000 Kashmiri Muslim
women, and orphaned more than 100,000 Kashmiri Muslim children.
When considered in the aggregate, these actions, committed by
the Indian military with full knowledge of the highest levels
of Indian government, comprise genocide against Kashmiri Muslims,
and are chargeable both as war crimes and as crimes against
humanity.
This murderous paradigm - military brutality,
immunity from prosecution, and denial of access - is anathema
to the rule of law, and lethal to the advancement of human rights.
India cleverly deflects attention from
its actions in Kashmir by claiming that the Kashmiri insurgency
is really Muslim-incited "cross border terrorism"
supported by Pakistan. My lengthy personal discussions with
President Musharraf indicate otherwise. India's success with
this charade depends on public ignorance of the exemption of
indigenous freedom struggles from the U.N. definition of "terrorism".
I submit to you that Kashmiri resistance to Indian repression
is little different than the resistance of American colonists
to British occupation during our War of Independence. I assure
you, however, that the British never committed such atrocities
as are part of daily life in Kashmir.
In July, 1999, a prominent U.S. House
Committee voted to reject the concept of a plebiscite in Kashmir
- this despite a 1948 U.N. resolution championed by the U.S.,
signed by India and Pakistan, and reiterated in four subsequent
Security Council resolutions. That vote, denying the right of
the indigenous people of a former nation-state to determine
their own future, is utterly inconsistent with America's demonstrated
commitment to human rights. Even as U.S. and coalition forces
fight today to restore freedom in Iraq, I ask the Committee
to bring forth a resolution reaffirming the right of self-determination
for the people of Kashmir. I ask you to stand strong in support
of human rights without regard to race, creed, gender, or national
origin.
Enormous economic benefits will flow
from such an affirmation. Leaders of the 350 major U.S. corporations
doing business in India and Pakistan today will attest that
the future of South Asia - with ¼ of the world's population
- remains inextricably intertwined with the future of Kashmir.
The "peace dividend" that would accrue from resolving
this bloody conflict would enable India and Pakistan to reduce
their burgeoning defense budgets, and to invest those funds
instead in desperately needed health and education reforms.
One fundamental principle is essential
to resolution of the Kashmir conflict. That is the principle
of self-determination, upon which our own United States was
founded, and for which the blood of Americans has been shed
many times around the globe. Honorable Members of the Committee,
we cannot allow subterfuge to undermine America's commitment
to human rights. Yesterday I walked quietly among the graves
of thousands of men and women at rest in Arlington Cemetery
who gave their lives in defense of human rights at home and
abroad. The silence of their repose provides unimpeachable testimony
to America's unwavering opposition to tyranny and despotism.
Does not the magnitude of their sacrifice compel us here today
to advance the cause of human rights at every opportunity? If
not us, who? And if not now, when?
Thank you for your consideration. I am
happy to take any questions.