Congressional hearing onf Kashmir; US remains deeply concerned over HR situation in Kashmir, urges peaceful and lasting solution

WASHINGTON, May 13 (APP)- Stating that the United States remains "deeply concerned" about the human rights situation in Kashmir, a senior U.S. official Wednesday said "it was encouraging both India and Pakistan to defuse tensions, and to reach a peaceful and lasting solution of the Kashmir problem."

Resolution of the Kashmir problem, he said, "should improve the prospects of reducing and ultimately eliminating the continuing and serious human rights abuses there."

Principal Deputy Assistant Secretary of State Michael G. Kozak, of bureau of Democracy, Human Rights and Labor Department of the Department of State said this in a testimony before the Congressional Sub-Committee on Human Rights and Wellness, and Committee on Government Reform, hearing the plight of atrocities in Kashmir.

Congressman Dan Burton, head of the committee, chaired the proceedings. While the other Congressmen attending the hearing were: Joseph Pitts, Gary Ackerman, Diane E. Watson, F.H. Eni Faleomavaega, Frank Jr. Pallone and Elijah Cummings.

The topic for the hearing was: 'Decades of Terror: Exploring Human Rights Abuses in Kashmir and the Disputed Territories.'

The hearing was the result of two years of hard work by Rep. Bob Giuda, who is chairman of Americans for Resolution of Kashmir (ARK) and deputy leader of the New Hampshire House of Representatives; and his associate and friend, Dr. Ghulam Nabi Fai, executive director of the Kashmiri American Council (KAC), who has worked on the Kashmir issue for the last 25 years with full vigour. The ARK is committed to educate Americans about the unresolved Kashmir issue. It was also for the first time ever that the U.S. Congress heard the issue of Kashmir in the over 55 year history of the issue.

Later, in his winding up remarks, Congressman Dan Burton said the U.S. Congress has interest in the resumed dialogue process between Pakistan and India and the commitment to take up Kashmir issue and resolve it in the interest of lasting peace and stability in South Asia.

"We will be your eyes and ears. We will push the matter of resolution of Kashmir forward- it may take a while, but it would hopefully be resolved."

"One cannot avoid world scrutiny of such disputes as Kashmir- and,the lingering atrocities would have to end."

Burton said like any other world issue, the problem of Kashmir deserves "foremost attention and resolution," by involving the Kashmiris.

Congressman Joseph Pitts said, he had been to Azad Kashmir four times, while he had not been allowed to visit Indian-held Kashmir "for once." He narrated the tales of rape victims, plight of those maimed and orphaned,and said the displaced refugees living on the Azad Kashmir side deserve attention and help of the international fraternity.

Pitts said these Kashmiris are not refugees but Internally Displaced Persons (IDPs), whose welfare is not being taken care of by any international aid agency.

The Congressman told the committee that he had sent the first consignment of aid material to the affected Kashmiris, particularly those relating to school supply for children in refugee camps in Azad Kashmir, while the second consignment is scheduled to be sent "within the next few weeks."

In his testimony, Mr. Kozak said, the United States is "cautiously encouraged" by recent developments in the relationship between Pakistan and India "which hold promise for real improvement in human rights situation in Kashmir."

He referred to the annual report on pattern of human rights practices, issued by the U.S. State Department, and added "as our human rights report and our policy make it clear, the people of Kashmir deserve an opportunity to live their lives peacefully and without fear."

Mr. Kozak said: "there is no doubt that Kashmir issue is potentially one of the world's most dangerous issues."

"Kashmir is the focus of the rift between India and Pakistan and has been the flashpoint for several India-Pakistan conflicts."

The conflict, he said is at the root of the serious abuses of human rights that Kashmiri residents have suffered for years.

He said, the United States has seen the devastating affects that political instability and civil strife have had on the lives of innocent Kashmiri civilians.

"From President Bush on down, the United States has consistently called for an easing of the tensions between India and Pakistan as vital to regional security and stability and to an improvement of the human rights situation."

Mr. Kozak quoted President Bush's remarks that "dialogue is the best way to achieve a peaceful resolution of the Kashmir issue."

The Hearing was held at the Rayburn building of the Capitol Hill, and those assisting the Committee included Rep. Bob Giuda, Dr. Ghulam Nabi Fai, Barrister Sultan Mahmood Chaudhry, Dr. Attiya Inayatullah, Dr. Gurmit Singh Aulakh, Selig Harrison and T. Kumar. Those witnessing the hearing included noted NGOs, and officials, and Rep.Saghir Tahir, and NCPA President Faiz Rehman. Don Camp, deputy assistant secretary Bureau of South Asian Affairs, Department of State was also present, besides DCM Pakistan Embassy Mohammad Sadiq.

The senior U.S. official said the United States is encouraged by the positive steps taken by Pakistan and India in February to resume their dialogue "after a three year hiatus."

The United States praised the leaders of Pakistan and India "for their courage and foresight" and hoped that the reduction of tensions "between these two adversaries" would represent the beginning of an end to the suffering of the Kashmiri people.

He said President Musharraf and Prime Minister Vajpayee met in January 2004 and agreed to initiate a dialogue on all issues, including Kashmir. "Talks moved quickly to the Foreign Secretary level, and Foreign Ministers of both countries are scheduled to meet in August."


"There is still much to be done, however." Stating this, Mr. Kozak added that "it is the policy of the United States to do all we can to ensure the success of these efforts and to support the confidence building measures."

"These measures included return of High Commissioners, cricket matches between the two national teams, and resumption of some transport links."

He said: "talks on nuclear-related confidence building measures are scheduled to begin later this month."

Also important in terms of improving the lives of Kashmiri civilians, a ceasefire along the Line of Control and the Siachen Glacier was put in place in November 2003 "that still holds."

"As engagement grows between the two sides," he said it is the United States policy to encourage all participants in the conflict in Kashmir to work to eliminate the human rights abuses that have become all too common there.

Mr. Kozak said members of the Indian government security forces continued to be responsible for extra judicial killings, custodial deaths, excessive use of force, torture, rape, arbitrary arrest and other serious abuses of human rights, despite the fact that the Indian Constitution strictly protects human rights.

According to published accounts and other sources, he stated "persons detained by security forces were later alleged to have been killed in armed encounters, and their bodies, often bearing multiple bullet wounds and marks of torture, were returned to relatives or otherwise were discovered shortly afterwards."

"It is difficult to obtain reliable information about the condition of people being detained in Jammu and Kashmir because many are in detention pursuant to special security legislation. This legislation includes the Armed Forces (Jammu and Kashmir) Special Powers Act (SPA) of 1990, the Public Safety Act (PSA), and Armed Forces Special Powers Act (AFSPA) of 1958."

He said a number of persons "disappear" each year in Kashmir. Reporting on the number of disappeared varies and underscores the difficulty in determining whther persons who have disappeared die so while in security force custody or after capture by insurgent groups or for reasons unrelated to the armed conflict.

In 2003, he said, the IHK government announced that 3,931 persons remained missing in the state since 1990, a non-governmental agency called the Association of Parents of Disappeared Persons, placed the number at more than 8,000.

He praised the holding of talks by deputy prime minister of India with the genuine representatives of the All Parties Hurriyet Conference (APHC).

Mr. Kozak said Pakistan has pledged that no territory under its control will be used to support terrorism in any manner. "President Musharraf has attempted to influence domestic opinion toward developing a "moderate, stable Pakistan at peace with its neigbors."

He (President Musharraf) also gave a Kashmir Day speech, in which he stated that Pakistan support for Kashmir should be political -not military."

"Pakistan continues its efforts to designate terrorist groups and freeze terrorist assets,"he added.

In his opening statement, Congressman Dan Burton said India claims to be the world's largest democracy, and like any other great democracy, "its soldiers should be and must be held to a higher standard of conduct,"

Yet, he said, "India's insistence on resolving a political problem by force has dragged it down into a campaign of essentially lawless state terrorism."

In this behalf, he referred to "credible and independent" reports of the Amnesty International, Human Rights Watch, Asia Watch, and Freedom House, and even the United States Department of State. He said, these have documented how Indian forces have used brutal techniques to subjugate the Kashmiri population and other ethnic minorities, such as Sikhs and Christians, and against women; techniques like reprisal killings, burning down of whole villages, and summary executions.

"There have also been many reports of torture and disappearances, "two of the most common features of state terrorism."

Quoting from State Department's annual report on human rights practices during 2003, Congressman Burton said "countrywide, there were allegations that military and paramilitary forces engaged in abduction, torture, rape, arbitary detention, and the extrajudicial killing of militants and noncombatant civilian, particularly in areas of insurgencies. Human Rights groups alleged that police oftenb faked encouters to cover up the torture and subsequent killing of both militants and noncombatants."

He said "these are not my opinions or biases, these are facts, and the facts speak for themselves."

"800,000 Indian troops are stationed in and around Kashmir-- one-half of India's standing army- and since 1989, 87,678 people have been killed by Indian troops, 104, 380 houses and shops have been burned, 105,210 children orphaned, at least 9,297 women hve been
molested, and 21,826 women have been widowed."

Burton said, "these are statistics that cannot simply be ignored or swept under the rug, particularly if the peace talks recently entered into between India and Pakistan are to bear any real fruit."

The Chairman of the Committee said the last peace talks between Indian prime minister Vajpayee and President General Pervez Musharraf in Agra in July 2001, failed after both sides refused to show any flexibility over Kashmir.

Talks on other issues, including terrorism and economic and commercial cooperation are to take place in July, he stated.

Burton said he was pleased there had been some progress in "easing of tensions," along the Line of Control in Indian-administered Kashmir.

The Congressman said, parallel troop withdrawals from the border area and restoration of full diplomatic ties between both the countries have created "a window for a negotiated peace settlement on the issue of Kashmir." This is a process that will take time, and he commended
"all sides to stay the course of reconciliation and healing for the sake of Kashmiri community."

Dan Burton said he was cautiously encouraged by the initial success of peace talks, and added "I strongly believe that any comprehensive peace agreement must pursue justice for decades of human rights abuses in the region, as well as constructively and positively engage the Kashmir people in the peace process."

He said "enthusiasm for peace should be overwhelm the need to confront in the light of day the brutal legacy of 56 years of armed combat in the region."

He urged that respect for human rights must be at the center of any effort to resolve this conflict. The cycle of repression and violence will only escalate unless there is a commitment by all parties to end once-and-for-all human rights violations of every kind."

Congressman said the Sub-Committee has convened Wednesday morning, "to fully explore the allegations of human rights abuses against Muslims,Sikhs, Christians, women and other minorities, and put the alleged perpetrators of these crimes, as well as the governments of India,Pakistan and the United States, on notice that this Subcommittee is watching their actins closely."

He said if the United States is serious about building good relations with New Delhi, and about rebuilding out own reputation around the world as a champion of human rights, "then we should not stand by in silence while India perpetrates atrocities against the Muslims, Sikhs, and Christians in Kashmir and in disputed territories. "Even if we have little power to deter India from repression, we should assert American disapproval more forthrightly." Rep. Gary Ackerman said "I'm not going to say that there have not been abuses by government security forces in India, but i'd like to remind everyone that India is a democratic country."

In addition, he said, India is fighting two insurgencies, one in Kashmir and another in the Northeastern states.

He said recent bilateral discussions between India and Pakistan have produced something of a thaw in the region, and with luck there will be further discussions after India finishes its elections and new government is formed in New Delhi.

He hoped the Committee will hear about the need to hold a plebiscite in Kashmir in accordance with "applicable U.N. resolutions."

Rep. Bob Giuda said, Kashmir is classified by the U.N. as a "disputed territory-", "every day, unspeakable atrocities occur at the hands of India's army of occupation."

Dr. Fai welcomed the peace initiative between India and Pakistan which includes negotiations over Kashmir. He stressed the need for tripartite talks between India, Pakistan and genuine leadership of the people of Kashmir.

Barrister Sultan Mahmood said, conceptually, the whole issue of Kashmir is a violation of human rights in IH Kashmir, non-implementation of U.N. resolutions, forcible occupation of Kashmir, defiance of international commitments and now the fencing of LoC in violation of U.N. law.

Dr. Attiya said, it is time to mitigate the sufferings of the Kashmiri people, who had been pledged U.N.-sponsored plebiscite, which has been denied to them by India.

T. Kumar of AI threw light on the abuses by the Indian security forces and Indian police in Kashmir, where, he stated, "torture, including rape,deaths in custody, extrajudicial executions and disappearances have been perpetrated by agents of the state with impunity."

It may be noted that on February 20, 2003, the New Hampshire state legislature passed a resolution to ask U.S. Senate and the U.S. Congress "to hold hearing on Kashmir issue to stop atrocities against Kashmiri people committed by Indian forces."