Washington; 22 Oct 2019 (UMM): In a Congressional hearing titled ‘Human Rights in South Asia’, with overwhelming number of questions related to Indian Administered Kashmir, US congressmen and women on Tuesday criticised India’s recent actions and human rights violations in Kashmir.
The criticism related to barring access to foreign journalists, senators and diplomats, political detentions and blockade of communications, which compelled the US administration to condemn the Indian Government actions in Kashmir, and the discriminatory nature of the Citizenship Amendment Bill.
The United States Senate Committee on Foreign Relations has added an appeal earlier to end what it calls a “humanitarian crisis” in Kashmir in its report ahead of the annual Foreign Appropriations Act for 2020, which could become the first step towards legislative action by American lawmakers against India on the situation in Jammu and Kashmir.
In a 2+ hour grilling session on October 22, US administration officials had to defend Indian actions in Kashmir, even as they expressed discomfort at choices made by New Delhi.
The Congressional hearing was titled ‘Human Rights in South Asia’, but the overwhelming number of questions related to India. The packed room applauded, when lawmakers or US official made a point critical of India. The tone of the hearing at the house foreign affairs sub-committee on Asia and Pacific was atypical, as India usually gets bipartisan backing in the Washington DC.
According to The Wire, State Department’s assistant secretary for South and Central Asian Affairs Alice Wells and assistant secretary for the Bureau of Democracy, Human Rights and Labour Robert Destro began their testimonies with the strength of India-US relations. However, Wells noted that the US had concerns “about the manner in which Indian authorities have implemented” the decision to repeal Article 370, but clarified that “Revocation is not what we care about, it is about how Kashmiri live their lives.”
Wells and Destro both noted that hundreds, including three former chief ministers, had been detained under the Public Safety Act, which allows detention without trial for up to two years.
“The United States supports the rights of Kashmiris to peacefully protest..” stated Wells.
Destro added, “Still, we are compelled to underscore human rights issues of increasing concern precisely because, if left unchecked, they could undermine India’s democratic success.” Though noted the gradual lifting of the curfew, Destro talked about “internet and mobile phone service remain blocked in some districts. Reports indicate this has led to a shortage of medicines, delays in receiving healthcare and stalled businesses.”
Throughout hearings, nearly all lawmakers expressed outrage that foreign journalists, diplomats and officials were not allowed to visit the Valley to get first-hand information.
The sub-committee chair, Brad Sherman, who is also democratic co-chair of the India Caucus, pointed out that Senator Chris Van Hollen had been denied permission to visit Kashmir.
“Are we supposed to trust these government of India officials when the government of India doesn’t allow our diplomats to visit?” asked Sherman
David Trone from Maryland questioned the reasoning given by India for not allowing access to US officials and diplomats.
“They said that it is not the right time,” said Wells.
“Seems like the right time exactly,” responded Trone.
Democrat congresswoman from Virginia, Abigail Spanberger, also expressed anger at India blocking visits by US officials.
“How is the State Department accepting that at this time India, a close strategic partner for the United States on everything from trade to military cooperation, is telling us that we cannot allow US diplomats to enter Kashmir?” said Spanberger.
Spanberger said that the Indian governments officials had told her that the situation in Kashmir had improved. However, her constituents, with families in Kashmir giving “very different stories”.
“When you don’t have open media or open communications, it makes it harder even for the government to understand the disruptions that its policies are causing.” Responded Wells.
Representative Sheila Jackson Lee asked whether this was a “humanitarian crisis”?, Daestro replied, “Yes, it is.”
According to The Wire, Spanberger, a former CIA operative, asked whether India has shared examples of terror attacks and incidents that have been thwarted due to the communication blockade. When Wells stated that she could not comment, Spanberger asked for a classified hearing so that US officials could give their assessment on the validity of the national security argument of Indian government. Chair Sherman promised to take her suggestion seriously.
Sherman too enquired if there are any “verified cross-border terrorism” incidents since August 5.
Wells stated that she was “hearing different stories from different sides”. While the Indian government has argued that there has been a build-up of terror groups, “We have observed a decline in incidents of infiltration.”
New Jersey’s Tom Malinowski commented about the communication blockade by the Indian Gov and asked, “In your experience, do terrorists need cellphone service to communicate?”
The first Indian-American Congresswoman, Pramila Jayapal, mentioned the case of the uncle of one of her constituents, who continued to be in detention despite several medical complications. She referred to Mubeen Shah, former head of Jammu and Kashmir Chamber of Commerce, who had been detained in August 5 and had subsequently been shifted out of the state.
The Wire reported Jayapal who asked for a letter from Mubeen Shah’s urologist demanding his immediate release to be entered in the record. Indian government has told her that Shah was receiving medication, but “That is not what his family is saying. This is not what his doctor is saying.”
Japayal stated that Indian democracy was being subverted – a topic that she raised with the Indian prime minister – due to rising intolerance and in other ways, like the detentions and the National Register of Citizens issue in Assam.
“I just hope that we will make a very strong statement on the detentions and raise it at the highest level. This is unacceptable and we hope to bring a bipartisan resolution on that,” she said.
According to The Wire, during her last visit to India, which coincided with the Indian government’s move on Kashmir, Japayal had sensed an unprecedented level fear among minorities over rising intolerance and government policies.
Spanberger too raised concerns from her constituents that children were being detained under the Public Safety Act.
Congresswoman from Minnesota Ilhan Omar asked whether the US government was taking up the NRC issue in a stronger way. “Are we waiting for muslims in Assam to be put in detention?”.
Sherman too commented that “human rights abuse doesn’t cease to be human rights abuse just because it is consistent with law”.
Destro asked about NRC, “Is this a serious legislative proposal or a just a crackpot idea going nowhere,” asked Sherman. The senior US diplomat said that it was indeed “a serious legislative proposal”, but “thankfully, it is not going through the upper house”.
Destro commented that most religious groups are not discriminated against, but there was pressure to make special rules for Muslims for which US administration was “calling them out”. “India’s constitution provides for secularism and we want the same to continue,” he added.
Wells also testified that “violence and discrimination against minorities in India, including cow vigilante attacks against members of the Dalit and Muslim communities, and the existence of anti-conversion laws in nine states” are not in keeping with India’s legal protections for minorities, reported The Wire.
Relevant news:
US lawmakers move towards legislative action on “humanitarian crisis” in Kashmir
US House Subcommittee to Hold a Hearing on Human Rights in South Asia on October 22nd
Kasmir: Govt using brute force to scuffle voices of dissent
US Sen. barred from visiting Kashmir, as humanitarian crisis enters third month
Indian Occupied Kashmir under virtual martial law, NYT says; urges UN to act
India: Priyanka attacks Modi govt over Kashmir 'lockdown', says innocent children impacted most
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Jammu & Kashmir internationally recognized dispute; not internal matter of India: President
