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.

 


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