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Exploring Human Rights Abuses in Kashmir and the Dis- Puted Territories

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Exploring Human Rights Abuses in Kashmir and the Dis- Puted Territories DECADES OF TERROR: EXPLORING HUMAN RIGHTS ABUSES IN KASHMIR AND THE DIS- PUTED TERRITORIES HEARING BEFORE THE SUBCOMMITTEE ON HUMAN RIGHTS AND WELLNESS OF THE COMMITTEE ON GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED EIGHTH CONGRESS SECOND SESSION MAY 12, 2004 Serial No. 108–212 Printed for the use of the Committee on Government Reform ( Available via the World Wide Web: http://www.gpo.gov/congress/house http://www.house.gov/reform U.S. GOVERNMENT PRINTING OFFICE 96–410 PDF WASHINGTON : 2004 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 11-MAY-2000 12:05 Nov 08, 2004 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 D:\DOCS\96410.TXT HGOVREF1 PsN: HGOVREF1 COMMITTEE ON GOVERNMENT REFORM TOM DAVIS, Virginia, Chairman DAN BURTON, Indiana HENRY A. WAXMAN, California CHRISTOPHER SHAYS, Connecticut TOM LANTOS, California ILEANA ROS-LEHTINEN, Florida MAJOR R. OWENS, New York JOHN M. MCHUGH, New York EDOLPHUS TOWNS, New York JOHN L. MICA, Florida PAUL E. KANJORSKI, Pennsylvania MARK E. SOUDER, Indiana CAROLYN B. MALONEY, New York STEVEN C. LATOURETTE, Ohio ELIJAH E. CUMMINGS, Maryland DOUG OSE, California DENNIS J. KUCINICH, Ohio RON LEWIS, Kentucky DANNY K. DAVIS, Illinois JO ANN DAVIS, Virginia JOHN F. TIERNEY, Massachusetts TODD RUSSELL PLATTS, Pennsylvania WM. LACY CLAY, Missouri CHRIS CANNON, Utah DIANE E. WATSON, California ADAM H. PUTNAM, Florida STEPHEN F. LYNCH, Massachusetts EDWARD L. SCHROCK, Virginia CHRIS VAN HOLLEN, Maryland JOHN J. DUNCAN, JR., Tennessee LINDA T. SANCHEZ, California NATHAN DEAL, Georgia C.A. ‘‘DUTCH’’ RUPPERSBERGER, Maryland CANDICE S. MILLER, Michigan ELEANOR HOLMES NORTON, District of TIM MURPHY, Pennsylvania Columbia MICHAEL R. TURNER, Ohio JIM COOPER, Tennessee JOHN R. CARTER, Texas ——— ——— MARSHA BLACKBURN, Tennessee ——— PATRICK J. TIBERI, Ohio BERNARD SANDERS, Vermont KATHERINE HARRIS, Florida (Independent) MELISSA WOJCIAK, Staff Director DAVID MARIN, Deputy Staff Director/Communications Director ROB BORDEN, Parliamentarian TERESA AUSTIN, Chief Clerk PHIL BARNET, Minority Chief of Staff/Chief Counsel SUBCOMMITTEE ON HUMAN RIGHTS AND WELLNESS DAN BURTON, Indiana, Chairman CHRIS CANNON, Utah DIANE E. WATSON, California CHRISTOPHER SHAYS, Connecticut BERNARD SANDERS, Vermont ILEANA ROS-LEHTINEN, Florida (Independent) ELIJAH E. CUMMINGS, Maryland EX OFFICIO TOM DAVIS, Virginia HENRY A. WAXMAN, California MARK WALKER, Chief of Staff MINDI WALKER, Professional Staff Member DANIELLE PERRAUT, Clerk RICHARD BUTCHER, Minority Professional Staff Member (II) VerDate 11-MAY-2000 12:05 Nov 08, 2004 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 D:\DOCS\96410.TXT HGOVREF1 PsN: HGOVREF1 C O N T E N T S Page Hearing held on May 12, 2004 ............................................................................... 1 Statement of: Inayatullah, Attiya, aid worker; Gurmit Singh Aulakh, president, Council of Khalistan; Ghulam-Nabi Fai, executive director, Kashmiri American Council; Selig Harrison, director of the Asia Program, Center for Inter- national Policy; and Bob Giuda, chairman, Americans for Resolution of Kashmir ..................................................................................................... 52 Kozak, Michael, Principal Deputy Assistant Secretary, Bureau of Democ- racy, Human Rights and Labor, U.S. State Department; and Don Camp, Deputy Assistant Secretary, Bureau of South Asian Affairs, U.S. State Department ................................................................................. 9 Kumar, T., advocacy director for Asia, Amnesty International-USA ........... 37 Letters, statements, etc., submitted for the record by: Ackerman, Hon. Gary L., a Representative in Congress from the State of New York, prepared statement of ........................................................... 22 Aulakh, Gurmit Singh, president, Council of Khalistan, prepared state- ment of ........................................................................................................... 65 Burton, Hon. Dan, a Representative in Congress from the State of Indi- ana, prepared statement of .......................................................................... 4 Crowley, Hon. Joseph, a Representative in Congress from the State of New York, article dated May 12, 2004 ........................................................ 28 Fai, Ghulam-Nabi, executive director, Kashmiri American Council, pre- pared statement of ........................................................................................ 90 Giuda, Bob, chairman, Americans for Resolution of Kashmir, prepared statement of ................................................................................................... 101 Harrison, Selig, director of the Asia Program, Center for International Policy, prepared statement of ...................................................................... 77 Inayatullah, Attiya, aid worker, prepared statement of ............................... 54 Kozak, Michael, Principal Deputy Assistant Secretary, Bureau of Democ- racy, Human Rights and Labor, U.S. State Department, prepared state- ment of ........................................................................................................... 13 Kumar, T., advocacy director for Asia, Amnesty International-USA, pre- pared statement of ........................................................................................ 40 Pallone, Hon. Frank, a Representative in Congress from the State of New Jersey, prepared statement of ............................................................. 108 Ros-Lehtinen, Hon. Ileana, a Representative in Congress from the State of Florida, prepared statement of ................................................................ 105 Wilson, Hon. Joe, a Representative in Congress from the State of South Carolina, prepared statement of .................................................................. 112 (III) VerDate 11-MAY-2000 12:05 Nov 08, 2004 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 D:\DOCS\96410.TXT HGOVREF1 PsN: HGOVREF1 VerDate 11-MAY-2000 12:05 Nov 08, 2004 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 D:\DOCS\96410.TXT HGOVREF1 PsN: HGOVREF1 DECADES OF TERROR: EXPLORING HUMAN RIGHTS ABUSES IN KASHMIR AND THE DIS- PUTED TERRITORIES WEDNESDAY, MAY 12, 2004 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON HUMAN RIGHTS AND WELLNESS, COMMITTEE ON GOVERNMENT REFORM, Washington, DC. The subcommittee met, pursuant to notice, at 10 a.m., in room 2247, Rayburn House Office Building, Hon. Dan Burton (chairman of the subcommittee) presiding. Present: Representatives Burton, Cummings, and Watson. Also present: Representatives Ackerman, Crowley, Pitts, Wilson, Pallone, Pence, Rohrabacher, and Faleomavaega. Staff present: Mark Walker, chief of staff; Mindi Walker, Brian Fauls, and Dan Getz, professional staff members; Nick Mutton, press secretary; Danielle Perraut, clerk; Richard Butcher, minority professional staff member; and Cecelia Morton, minority office manager. Mr. BURTON. Good morning. A quorum being present, the Sub- committee on Human Rights and Wellness will come to order. Given the large number of witnesses we have today, for the pur- poses of today’s hearing, I ask unanimous consent that oral open- ing statements by the committee be limited to the chairman and ranking minority member. And without objection, so ordered. I ask unanimous consent that all Members’ and witnesses’ writ- ten and opening statements be included in the record. Without ob- jection, so ordered. I ask unanimous consent that all articles, exhibits, and extra- neous or tabular material referred to by Members or witnesses be included in the record. Without objection, so ordered. We have had a great deal of interest from other Members of Con- gress about participating in this hearing. So I ask unanimous con- sent that the following Members and any other Member who may attend today’s hearing be considered as a member of the sub- committee for the purposes of receiving testimony and questioning witnesses. Representatives Ackerman, Crowley, Pitts, Wilson, Pallone, Pence, Rohrabacher, and Mr. Faleomavaega, we will allow you to sit in and question the witnesses. Without objection, so or- dered. We have had numerous amendments and discussions on the floor of the House over the years, and Mr. Ackerman, Mr. Faleomavaega, and I and others have been involved in those, re- (1) VerDate 11-MAY-2000 12:05 Nov 08, 2004 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 D:\DOCS\96410.TXT HGOVREF1 PsN: HGOVREF1 2 garding the problems that have arisen in the area known as Kash- mir and in Punjab, which is in that general region as well. There have been, as everybody knows, paramilitary forces up there fight- ing the Indian military because of disagreements over the status of Kashmir and Punjab for a long, long time. In the late 1940’s, 1948, there were resolutions passed by the United Nations General As- sembly stating that there should be a plebiscite on the determina- tion of the future of Kashmir and that entire region. Unfortunately, those have never been honored. There have been subsequent dis- cussions and resolutions and everything else that has taken place, and as a result, there has been tremendous problems and heart- ache for tens and hundreds of thousands of people who live in that area. The paramilitary forces up there that have been involved in the
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