Federal
Condemning the human rights violations taking place in Jammu and Kashmir and supporting Kashmiri self-determination.
Source: Congress.gov ·
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IV
116TH CONGRESS
1ST SESSION
H. RES. 724
Condemning the human rights violations taking place in Jammu and Kashmir
and supporting Kashmiri self-determination.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 21, 2019
Ms. TLAIB submitted the following resolution; which was referred to the
Committee on Foreign Affairs
RESOLUTION
Condemning the human rights violations taking place in
Jammu and Kashmir and supporting Kashmiri self-de-
termination.
Whereas the United States Government seeks friendly rela-
tions and has long shared an important relationship with
the Republic of India;
Whereas the United States Government seeks to preserve
peace and security in Jammu and Kashmir;
Whereas the United States Government seeks to promote the
human rights and liberties of all people, including the
freedom to practice, worship, or observe one’s own reli-
gion;
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•HRES 724 IH
Whereas the Government of India has unilaterally changed
the status of Jammu and Kashmir without a direct con-
sultation or the consent of the Kashmiri people;
Whereas the Office of the United Nations High Commis-
sioner for Human Rights has reported gross human
rights abuses in Jammu and Kashmir;
Whereas the Government of India has enforced a strict cur-
few in Jammu and Kashmir that has restricted freedom
of expression, assembly, and movement;
Whereas, on August 5, 2019, the Government of India en-
acted a communications blockade in Jammu and Kash-
mir that includes the suspension of landlines and shut-
down of mobile phone networks and internet access, and
service has only been partially restored as of October 14,
2019;
Whereas Kashmiri Americans and Kashmiris around the
world have had difficulty or been unable to contact their
family members since the imposition of the communica-
tions blockade on August 5, 2019;
Whereas press accounts and human rights observers have
documented that the actions of the Government of India
in imposing a communications blockade have inhibited ac-
cess to life-saving medical care;
Whereas international human rights observers have docu-
mented the security services of the Government of India’s
excessive use of force against civilians in Jammu and
Kashmir, including the use of pellet shotguns, tear gas,
and rubber bullets against protestors, as reported by the
United Nations High Commissioner for Human Rights;
Whereas the Government of India has used the arrest and in-
definite detention of thousands of people to control civil-
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•HRES 724 IH
ians of all ages, including minors as young as nine, in
Jammu and Kashmir using the Public Safety Act, which
violates article 9(2) of the International Covenant on
Civil and Political Rights;
Whereas the Government of India has detained Kashmiri civil
society leaders of all political perspectives without charge
or trial and, as of September 25, 2019, prominent polit-
ical and business leaders remain in detention;
Whereas detentions and harassment of journalists in Jammu
and Kashmir has been reported by independent observers
and journalistic organizations;
Whereas the right to religious expression has been severely
curtailed, including the closures of mosques and religious
buildings;
Whereas the Government of India has barred senior United
States Government officials and foreign journalists from
traveling to Jammu and Kashmir since August 5;
Whereas the actions of the Government of India are not re-
flective of the shared democratic norms and values be-
tween the United States and India;
Whereas the actions of the Government of India constitute
violations of the United Nations Universal Declaration of
Human Rights;
Whereas the Government of India has failed to hold its mili-
tary accountable and perpetuated a state of impunity for
members of the Indian Armed Forces and related secu-
rity services, in part through the Armed Forces Special
Powers Act;
Whereas the Office of the United Nations High Commis-
sioner for Human Rights issued reports in 2018 and
2019 calling for the Governments of India and Pakistan
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•HRES 724 IH
to implement policy recommendations to safeguard
human rights; and
Whereas, according to the United Nations High Commis-
sioner for Human Rights ‘‘Update on the Situation of
Human Rights in Indian-Administered Kashmir and
Pakistan-Administered Kashmir from May 2018 to April
2019’’, the militant groups Lashkar-e-Tayyiba, Jaish-e-
Mohammed, Hizbul Mujahideen, and Harakat Ul-
Mujahidin have contributed to the harsh conditions and
dire human rights situation faced by civilians in Jammu
and Kashmir: Now, therefore, be it
Resolved, That the House of Representatives—
1
(1) opposes any use of force against civilian
2
populations by governmental and nongovernmental
3
actors alike;
4
(2) opposes and condemns the use of pellet
5
shotguns and rubber bullets as a crowd-control
6
method in any case;
7
(3) affirms that any changes to the status of
8
Jammu and Kashmir must be made with the direct
9
consultation of the Kashmiri people, who must play
10
a central role in the determination of their future;
11
(4) urges the Government of India to imme-
12
diately lift all remaining elements of the communica-
13
tions blockade imposed in Jammu and Kashmir, in-
14
cluding restoring phone and internet access and re-
15
fraining from any interference with the provision of
16
medical treatment;
17
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•HRES 724 IH
(5) urges the Department of State to facilitate
1
contact between Kashmiri Americans and their fam-
2
ily members in Jammu and Kashmir;
3
(6) reaffirms its strongly held belief that free-
4
dom of religion is a central and inalienable right of
5
all people as promulgated in the United Nations
6
Universal Declaration of Human Rights and urges
7
the Government of India to ensure compliance with
8
the Universal Declaration of Human Rights in
9
Jammu and Kashmir;
10
(7) urges the Government of India to exercise
11
restraint when performing security and policing op-
12
erations and denounces the widespread use of
13
threats
and
excessive
force
against
civilians,
14
protestors, and detainees;
15
(8) urges the Government of India to imme-
16
diately release unjustly and indefinitely detained
17
people in Jammu and Kashmir and to cease arbi-
18
trary and politically motivated detentions;
19
(9) urges the Governments of India and Paki-
20
stan to engage in dialogue to deescalate tensions and
21
protect human rights;
22
(10) urges the Governments of India and Paki-
23
stan to renounce the use of force to settle the status
24
of all disputed territories between them;
25
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•HRES 724 IH
(11) urges the Governments of India and Paki-
1
stan to grant representatives of the Office of the
2
United Nations High Commissioner for Human
3
Rights full and unfettered access to their respective
4
sides of the Line of Control; and
5
(12) urges the Governments of India and Paki-
6
stan to implement the policy recommendations of the
7
Office of the United Nations High Commissioner for
8
Human Rights contained in its 2018 and 2019 re-
9
ports.
10
Æ
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