During an unprecedented hearing on the Capitol Hill, Kashmiri-Americans issued a stinging rebuke to Indian atrocities while U.S. lawmakers called for sending independent observes into Kashmir to ascertain facts in amid ongoing restrictions on freedoms in the disputed territory.
“I completely agree with your point, the chairman’s point that visiting the country is so important and being in Kashmir to observe what is happening with the human rights standpoint is essential,” Democratic Congressman from Maryland David Trone said.
He was among the lawmakers who raised concern over the human rights violations in Indian-administered Kashmir – which has been deprived of its autonomous status since August 5 – at a hearing called by the Tom Lantos Human Rights Commission.
“Senator Chris van Hollen from Maryland was denied entry by the Indian government, you yourself have not been allowed. What reasons is the Indian government giving you for those denials?” the lawmaker questioned.
In response, Anurima Bhargava, Commissioner, U.S. Commission on International Religious Freedom, hoped that the Indian government would change its position on observers going into the territory, and referring to her visits Burma, Bangladesh and Iraq remarked that there is no substitute to observing the situation and hearing directly from people and officials.
“We completely agree it is absolutely essential that Western diplomat and yourself be able to visit Kashmir,” Rep. Trone said after hearing the Commissioner’s reply.
Congressman James P. McGovern, Co-Chair of the Tom Lantos Human Rights Commission, also called upon New Delhi to allow observers into the Kashmir as he recounted a long history of suffering the people of Kashmir have gone through.
“I believe that the first step is to let people in to Kashmir – specifically, journalists and independent human rights observers, including the Office of the UN High Commissioner for Human Rights and UN special procedures, starting with the Working Group on Enforced Disappearances and the Special Rapporteur for Freedom of Expression.
“And let members of this Congress visit.”
Further, the Democratic lawmaker from Massachusetts, called for establishment of an independent investigation into human rights violations in the UN-recognized disputed region.
“I would also support the establishment of a comprehensive independent international investigation into all allegations of human rights violations in Kashmir by all parties.
“An investigation like that could be the first step towards justice and accountability for all the victims of human rights abuses over the last several decades.”
Since August, he noted, when the Indian government announced that it would change the legal status of Jammu and Kashmir, some of his constituents from the Kashmir region have not been able to reach their relatives.
"If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and facts are against you, pound the table and yell Pakistan"
Sehla Ashai (@yimbarzal) exposing India's hypocrisy during her testimony at US Congress.#KashmirInUSCongress pic.twitter.com/yGrgCOb9kV
— Frontline Kashmir Reports (@Fkdotpk1) November 15, 2019
“More than three months later, hundreds of people remain in preventive detention without due process protections. The whole area is highly militarized – an estimated 745,000 troops – and there are continuing restrictions on internet and phones in the Kashmir valley. And no one is being allowed in to observe the situation on the ground.
“Imagine if it were your family, and you couldn’t reach them. You would be scared, too.”
He said India has a right to self-defense against terrorists but added that New Delhi’s practices like arbitrary detentions do not meet legal requirements.
“Now, many people have said to us that the situation is more complicated than it seems on the surface. There is a long history of terrorist attacks in Kashmir, some cross-border from Pakistan. There was a major suicide attack in February that killed 40 people, for which the Pakistan-based, U.S.-designated terrorist group Jaish-e-Mohammad took responsibility. So, we are told, India has a right to defend itself.
“And that is true – of course India must defend itself. I condemn terrorist attacks and every member of this House condemns terrorist attacks.”
“But restrictions placed on people’s human rights in the name of counter-terrorism must be in accordance with law and they must be proportionate. Indefinite arbitrary detention, for example, doesn’t meet that standard.”
Congresswoman Sheila Jackson Lee, a Democrat and head of the Pakistan Congressional Caucus, drew attention to a litany of concerns over troubles facing the people in Kashmir.
The witnesses at the hearing included Haley Duschinski, Associate Professor of Anthropology and Director of the Center for Law, Justice and Culture, Ohio University, Sehla Ashai, Human rights lawyer, Yousra Fazili, Human rights lawyer and Kashmiri-American cousin of Mubeen Shah, detained Kashmiri businessman, Arjun S. Sethi, Human rights lawyer and Adjunct Professor, Georgetown Law, Sunanda Vashisht, Writer, political commentator, and Kashmiri Hindu who identifies as a victim of ethnic cleansing and John Sifton, Asia Advocacy Director, Human Rights Watch.
Human Rights lawyer Sehla Ashai made a scathing criticism of New Delhi’s ham-handed tactics, and said Kashmir has witnessed flagrant violations of human rights.
“If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and facts are against you, pound the table and yell Pakistan,” she said of India’s approach to the precarious situation in Kashmir.
Arjun S. Sethi, told the American legislators that India minorities have seen their rights violated in India.
Sunanda Vashisht identified “Islamist terrorism” as the problem afflicting Kashmir and argued that Kashmir and India are inseparable.
