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By: Wanda Sanchez Day, Esq. Acting National Legal Director INTERNATIONAL CIVIL AND HUMAN RIGHTS ADVOCACY (ICHRA) UNITED SIKHS LAW- [email protected] http://www.unitedsikhs.org/

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Page 1: sikh summit 2016 report - unitedsikhs.org · Kirpan – Ceremonial scimitar represents dignity and the Sikh struggle against injustice. Kesh- uncut hair, a symbol of holiness and

By: Wanda Sanchez Day, Esq.

Acting National Legal Director

INTERNATIONAL CIVIL AND HUMAN RIGHTS ADVOCACY (ICHRA)UNITED SIKHS

LAW- [email protected] http://www.unitedsikhs.org/

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IntroductionABOUT UNITED SIKHS

UNITED SIKHS is an international, non-profit, non-governmental, humanitarian relief, human development and advocacy organization established in 1999. Its

mission is to empower those in need, to create awareness of the Sikh faith and to advocate on behalf of disadvantaged communities around the world.

We are a volunteer-based organization with chapters in the USA, Canada, UK, France, Australia, Africa and India. The organization strives to foster active

participation in social and economic activity that will improve the quality of life in the communities served. UNITED SIKHS achieves this goal through direct

advocacy and with civic, educational, humanitarian aid and personal development programs. UNITED SIKHS coordinate all projects with the

methodology to ‘Recognize the Human Race as One.'

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2016 SIKH SUMMIT REPORT WASHINGTON, DC

JULY 11- JULY 13, 2016

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ABOUT INTERNATIONAL CIVIL AND HUMAN RIGHTSADVOCACY (ICHRA)

The International Civil and Human Rights Advocacy (ICHRA) arm of UNITED SIKHS helps advance the economic, social and spiritual

empowerment of marginalized groups and individuals in need, regardless of race, religion, gender, sexual orientation, social status or age.

While issues like aggressive security screening in the private and public sectors, wearing the Kirpan while serving on jury duty and U.S. foreign

policy on treatment of the Sikh minority in France, Belgium, Iran, Pakistan and India are high on the list of Sikh civil and human rights concerns, top of the list of issues addressed during the 2016 Sikh Summit in Washington this year were bullying and hate crimes, counting Sikhs in the U.S. Census,

religious accommodations in the armed forces and the “Hair Sampling Bill.” These topics are of great concern because they have the capacity to impact hundreds of men and women and are issues US political leaders

can act upon in 2016- 2017 to ensure that the religious freedoms, civil and human rights of Sikhs and other Americans may be recognized.

This report articulates and emphasizes the Sikh community’s concerns as they were discussed in meetings with Congress members, federal

agencies and their staff during the 2016 Sikh Summit and the Advocacy, Humanitarian Aid Academy (AHAA).

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ABOUT THE 2016 SIKH SUMMITFrom July 11-13, 2016, UNITED SIKHS held its annual 2016 Sikh Summit in

Washington, DC. Volunteers and staff met with dozens of Congress Members, government agencies, and other non-governmental organizations (NGOs) to

discuss Sikh civil and human rights issues. As a civil and human rights advocacy organization, UNITED SIKHS organizes the Sikh Summit each year to unite the

Sikh community in a common goal and to hold meaningful dialogues with local and national leaders who promote understanding of Sikh culture and religion

and focus on finding solutions to Sikh civil and human rights issues. Meetings were held with:

● Members of the U.S. House of Representatives;● Members of the House Transportation and Infrastructure Committee;● Members of the House Subcommittee on Highways and Transit;● Members for the American Sikh Congressional Caucus;● Congress members with Sikh constituents in States like New York, California, Maryland and Nevada;● The U.S. Department of Justice;● Transportation Security Administration (TSA), Office of Civil Rights and Liberties;● The Center for American Progress;● The U.S. Department of Education, Office of Civil Rights;● U.S. Commission on International Religious Freedom;● Activist, Vishavjit Singh, Cartoonist- Director and creator of Sikhtoons, Sikh Captain America;

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Advocacy & Humanitarian Aid Academy (AHAA) Students joined Congress Members and UNITED SIKHS, ICHRA staff onCapitol Hill during 2016 Sikh Summit

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● Activist, Harpreet Kaur, Filmmaker and Founder of Sach Productions.3 We were well received by all on Capitol Hill and were met with enthusiastic willingness to assist and understand the concerns of the Sikh community.

The topics of discussions included:● Sikhs in the military;● Sikhs in the U.S. Census;● “bullying” and hate crimes; and● Senate bill, S.806 & House bill, H.R.1467: Drug Free Commercial Driver Act of 2015 (“Hair Sampling Bill”).

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SIKHS IN THE MILITARY

It has been an ongoing battle for Sikhs to fight for their right to serve in the U.S. armed forces. The armed forces currently has policies that call for soldiers to

shave and cut their hair which deny Sikhs the right to serve because Sikh religious tenets forbid them from cutting their hair. For these reasons, during

the Sikh Congressional Caucus in late June, 2016, UNITED SIKHS called for legislation that would provide religous accommodations for Sikhs who want to serve in the U.S. armed forces with their articles of faith intact. We are pleased that there is sympathetic and enthusiastic support from Congress Members; Sikhs should not have to make the impossible choice between serving their

country and remaining true to their faith.

During a Congressional Sikh Caucus meeting weeks before the Summit, UNITED SIKHS requested that members of the United States Congress consider

Iknoor Singh (center-front-right), ICHRA staff and AHAA Students at 2016 Sikh Summit

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legislation that will implement the federal district court’s ruling in Iknoor Singh v. McHugh, et al, 4-CV-01906, (Dist. Ct, D.C. (2015)). In that case, the Court noted that, in the past, the U.S. Army has granted hundreds of thousands of exemptions to its grooming and uniform rules, including more than tens of thousands of exceptions for medically necessary beards. Providing exemptions for religious reasons, could also be implemented with no harm to others. The plaintiff in Singh v. McHugh, Iknoor Singh, joined ICHRA at the Sikh Summit, provided great inspiration to the AHAA students and UNITED SIKH staff who views his heroic commitment to Sikh and American values as an example to be emulated. According to Iknoor, serving with his articles of faith intact has not had an impact on unit cohesiveness or unity. “My fellow servicemen accepted me as one of them and I did not get the sense that they felt I was different.” He told Congress members “I knew I wanted to join the Army since I was a child. When I was denied by ROTC, because I could not obtain a religious accommodation that would allow me to serve with my turban on and with unshorn hair, UNITED SIKHS and the ACLU helped when no one else would.”

ICHRA followed up with members of Congress at the Sikh Summit on this topic and lawmakers suggested that action could be taken by legislation or by Executive Order. In either case, leaders could call upon the U.S. Department of Defense to review its policies for conformance with the U.S. civil rights laws.

UNITED SIKHS supports the introduction of laws that would help to eliminate any

barriers that interfere with a Sikh’s fundamental right to freely exercise his or her personal religious beliefs while serving in the US Armed Forces, as other countries have accepted that there are no compelling societal interests impeding it.

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https://www.unitedsikhs.org/uploads/Singh_decision.pdf

UNITED SIKHS 2016 AHAA students at Capitol Hill

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BULLYING, HATE CRIMES AND THE U.S. CENSUSSikhs can trace their ancestry in the United States back nearly 100 years. Sikh

ancestors originally came to California to work on the railroads. Then, like now, Sikhs faced bias, racism and xenophobia. Today, stereotypes fueled by media coverage, policies and general public attitudes toward immigrants as well the

terrorist attacks on September 11, 2001, exacerbate feelings of bigotry that result in backlash against the Sikh community.

There are approximately 23,000,000 Sikhs world-wide, with the majority living in the Punjab sector of India. It is estimated that between 250,000-500,000 live in

the United States.

Sikh dress articles are unique and distinct from other Asian or African cultures. For example, they can be easily identified and are often assaulted and harassed, because of the five articles of faith, which they are required to carry at all times.

AHAA Students speak out against bullying and hate crimes during 2016 Sikh Summit

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The Sikh Articles of Faith are referred to as “The 5 Ks” and are:

Kara – Steel bracelet usually worn on the right hand. A symbolic reminder of the commitment of a Sikh to God.Kanga – Small comb worn in a Sikh’s hair. Represents the importance of discipline and is used to keep the hair clean and untangled.Kirpan – Ceremonial scimitar represents dignity and the Sikh struggle against injustice. Kesh- uncut hair, a symbol of holiness and strength.Kachera- undergarment, symbol of chasity

Many Americans are not aware of Sikh unique cultural attributes and stereotype Sikhs as “terrorist,” “the enemy” and “bombers.” They misidentifying their

national origin and, therefore, fail to understand why, for example boys wear a distinct hair wrap. Some allow stereotypes to cloud their judgment.

The results are almost always that acts of hate and are the reasons hate crimes are perpetrated against the Sikh community.

During the Sikh Summit, the constituents of some of the Congress Members described having experienced hate crime in their lives or in the life of an

immediate family member. “My uncle was so beaten up that he had to be admitted to the hospital,” one student told a Congress staffer. “He was attacked

because he wore a turban and a beard.”

Stories about how Sikh children are called “ragheads” or have their hair cut by other children in the schools. Complaints about school administrators’ and law

enforcements’ inability to curb assaults of this nature also abound. UNITED SIKHS has emphasized that government cannot adequately address and, thus,

put an end to bullying and hate crimes in the Sikh community until it develops a campaign to deal with the daily assault. This means that Congress must know

how many Sikhs there are and what percentages of the population are affected by violence. To know this, the Census must stop categorizing all Indians as

“Asian-Indians” and create a separate category for Sikhs who wish to self identify in the 2020 Census.

Reasons why the Sikh community should be represented as a distinct group in the 2020 Census include:

● Federal and state governments rely on the U.S. Census to allocate funding to address civil rights violations;

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http://www.unitedsikhs.org/aboutsikhs.php

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● It is well known that the Sikh community has disproportionately suffered backlash, hate crimes and bullying, especially since 9/11 and due to anti-Muslim political rhetoric; ● The Census could inform the federal and state governments about where civil and human rights violations against Sikhs occur the most;

● Because it loops Sikhs into the general Asian -Indian racial group, the Census does not provide the necessary statistics that would enable the federal and state governments to act on the civil and human rights issues unique to the Sikh community; ● The Census cannot assist in accurately identifying the percentages of hate crimes occurring in the Sikh community until it can provide reliable information about how many Sikhs there are in the United States; ● Studies estimate that at least half of members of the Sikh community have been bullied, harassed or even assaulted at some time in their life.

During the 2016 Summit, UNITED SIKHS, ICHRA advocates and AHAA students encountered support from Congress members who agreed to sign-on to a letter

to the Census Bureau calling for identification of Sikhs as a distinct group.

Young UNITED SIKHS Academy student advocates also called for Punjabi language.

instructions to be sent out to the community informing them of their right to self identify before the next Census in 2020 to insure that Sikhs know their rights.

This, and allowing Sikhs to self-identify in the 2020 Census, would make a huge impact and would also be validating to the Sikh community. This would also help

in preventing bullying and hate crimes against the Sikh community.

https://www.census.gov/topics/population.html

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AHAA Students were instructed by National Civil & Human Rights leaders

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Senate Bill S.806 & House bill H.R. 1467: DRUG FREE COMMERCIAL DRIVER ACT OF 2015 (“HAIR SAMPLING BILL”)

Senate bill (S.806), out of the U.S. Senate’s Commerce, Science, and Transportation Committee is currently on the legislative calendar under General

Orders, Calendar No. 404. A similar House bill (H.R. 1467) is currently pending in the U.S. House of Representatives, Transportation and Infrastructure Committee’s,

subcommittee on Highways and Transit. These bills seek to revise regulations that require motor carriers to conduct controlled substances or alcohol abuse by

hair testing. They allow for cutting employees’ or applicants’ hair under the following circumstances:

● pre-employment;● when they have reasonable suspicion;● randomly; and● post-accident testing.

This pending legislation provides motor carriers the ability to apply to Federal Motor Carrier Safety Administration (FMCSA) for an exemption from mandatory urinalysis testing and must report refusals to test. This raises concerns within the Sikh community that motor carriers will not give Sikh employees or employment applicants a choice or a religious accommodation. Not doing so would infringe upon a Sikh’s religious right because it interferes with the mandates of the faith that they not cut their hair. This could result in practices that disproportionately

affect and discriminate against Sikhs on religious grounds.

UNITED SIKHS requested that additional language be added to this legislation that would clarify that a motor carrier who receives the exemption must provide

Sikh employees or applicants with the opportunity to test in some other way.

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ICHRA and AHAA students held meaningful dialogues with local and national leaders

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2016 Annual Advocacy and Humanitarian Aid Academy (AHAA) Students

ICHRA continues to work diligently to inform the members of both houses of Congress about the civil rights implications of granting motor carriers such

broad exemptions without language that calls upon them to ensure that applicants have a choice. The possible employment discrimination implications for persons recovering from addiction were also discussed as hair sampling is

known for it use in identifying long term use.

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Amarpreet Kaur

Gurleena Singh

Avneet Kaur

Bicky Kaur

Japneet Kaur Satleen Kaur

Anmohl Kaur

Daljit Singh

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In July 2016, UNITED SIKH held its 4th Annual Advocacy and Humanitarian Aid Academy (AHAA) in Washington, DC. The Academy is an intensive six-day

training program in which young students from around the world interact with government officials, advocates and civil rights organizations. At the Academy, these young students learn and build important communication and civic skills

that provide a competitive edge in politics, law, business and education. Applications from the United States, the United Kingdom and Canada made this

a very competitive application process this year.AHAA is designed for students and young professionals who want the

experience of advocating for social justice, engaging in relief aid work or in community education as well as healthcare initiatives promoted by UNITED

SIKHS. This year, nine outstanding young leaders were chosen to participate in the Academy. They joined UNITED SIKHS, ICHRA Acting National Legal Director,

Wanda Sanchez Day, Esq. and Jaspreet Kaur, Staff Attorney, on Capitol Hill. Young Academy participants were afforded a great education and a one-of a-kind experience; this unique opportuntiy should inspire them to become

tomorrow’s leaders. This year’s Academy panelists were outstanding professionals who are leaders in their respective fields and who discussed the following issues important to Sikhs

and global community:● Jonathan J. Smith, Senior Counsel, Department of Justice, Civil Rights Division, "Processes to Work on Civil Rights/Sikh Issues"● Harpreet Singh Mokha, Regional Director, Department of Justice, Community Relations Services● Harleen Kaur, Policy Advisor, Office of Civil Rights and Liberties, Transportation Security Administration (TSA), "Policy and Procedure for Faith-based Communities"● Anisha Singh, Campaign Manager at Center for American Progress & Forbes magazine's 30 under 30 for Law and Policy in 2016, "Non-Governmental Organizations and Policy"● Sarah Sisaye, U.S. Department of Education & Shiwali Patel, Office of Civil Rights, U.S. Department of Education,"Bullying: An On-Going Battle"● Julian Purdy, Congressman Adam Smith staff, "Policy and Advocacy on the Hill”● Elizabeth Cassidy, U.S. Commission on International Religious Freedom, "Role of Faith-Based Organizations in Developing International Policy"● Vishavjit Singh, Cartoonist- Director and creator of Sikhtoons, Sikh Captain America, "Sikh American Identity"● and Harpreet Kaur, Filmmaker and Founder of Sach Productions, "Role of Art in Activism and Awareness.”

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We are pleased with the great contribution the students made to the discourse about Sikh civil and human rights and proud of their participation in the 2016

Summit. We wish them great success as they move forward!

Final Words from the AHAA Students:

The 2016 Advocacy and Humanitarian Aid Academy students had the following to say about their experience as participants in this year’s Summit and the

UNITED SIKHS Advocacy and Humanitarian Aid Academy:

Gurleena Singh “I had the wonderful opportunity to participate in the Advocacy and Humanitarian AidAcademy in 2016 and I left with incredible experiences that I will remember for a long time. The academy has helped me gain vision. It helped me to want to organize and advocate in the Sikh community as a whole and to make a difference starting today. I have realized that our community needs solidarity to educate and help others understand our culture and beliefs. This can start with our education system and government. Training in the nation’s capitol while learning about social justice advocacy and meeting government officials one-on-one and discussing issues faced by the Sikh community is an opportunity of a lifetime. Considering the fact that the Sikh community can be confused with other ethnic groups, and has suffered for it, AHAA will allow you to recognize the steps you can take to stand up for those who have been discriminated against, bullied, verbally and physically abused. If you want to make a difference in your community and do not know where to start, then this Academy will definitely help broaden your vision. As Sikhs, we served a purpose and learned to educate and give back. AHAA combined the teachings of Sikhi with career opportunities. This Academy paved a way for me to achieve my goals.”

Pritpal Singh“After participating in the AHAA, it has motivated me to be more involved in the Sikh community. Learning about how activists operate and listening to heartbreaking experiences of the speakers and participants was eye-opening. This experience has also inspired me to have a broader perspective of my future and introduced me to the other wonderful participants with similar ideas. I would definitely recommend young Sikh Americans to apply to the Academy next year.”

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Satleen Kaur “Applying to UNITED SIKHS’ Advocacy and Humanitarian Aid Academy was probably one of the best decisions I’ve made in my short life, at 17 years old. I got to meet 8 other incredibly talented people with passions for changing the world and making the lives of Sikhs living across the country filled with love and less prejudice. Together, we listened to amazing speakers from different parts of the government. I learned that even a simple call of a bullying incident, a hate crime, or even just a complaint to your representative’s office can make a huge difference in policy and awareness of the issue. It is reassuring to know that our representative’s office always has someone available to listen to calls and read letters concerning issues faced by their constituents. I have often heard from Sikh speakers who work in the Department of Justice, TSA, or Center for American Progress that “The Hill” is mainly run by white males. This Academy inspired to me to change that and I now wish that someday “The Hill” will be just as diverse as the people it serves. As a senior in high school looking at career options, the Academy definitely broadened my horizons. I can now definitively say that I can aspire to a career working on “The Hill.”

Daljit Parmar/Singh “My name is Daljit Parmar and I am a resident of New Jersey, USA. I was honored to be one of the select few who had the opportunity to attend this Academy. UNITED SIKHS Advocacy and Humanitarian Aid Academy (AHAA) was held in Washington, DC from July 6-11th. During these six days, I had the opportunity to talk to speakers with various backgrounds. With the knowledge attained over the course of this Academy, I have more confidence and am more inclined to help others. I met representatives from several departments and built a network of contacts which I can use to aid me in the future. The last few days in Washington was Advocacy Day. This was the day where we were able to used all our training and the knowledge gained to advocate about issues we thought were the most important with Congress Members and their staff. In conclusion, this Academy has given me the push I needed to get up and make a difference in my community.”

Japneet Kaur“When I first heard about the Academy I didn't know what to expect, but I was eager to learn more about the Sikh American Community, make new friends, and explore Washington DC. Although my career aspirations lie in the field of medicine, the AHAA taught me how I can intertwine medicine with advocacy and human rights. I always valued the concept of Seva (selfless service) and was confused as to how I could incorporate the Sikh ideal into my future career.

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. In the first session of the academy I learned how Sikhs are leaders in providing disaster relief in crisis areas around the world. This inspired me to continue to work with UNITED SIKHS and other organizations because of their mission to “recognize the human race as one” and help those in need. In the future I see myself working alongside organizations like UNITED SIKHS to provide humanitarian aid and medical assistance in underprivileged communities. The Academy also helped me brush up on my leadership and public speaking skills. I was given the chance to listen and speak to members of Congress, DOJ, USCIRF, DOE, and TSA. I was intimidated at first, but with practice and continuous exposure, I developed the confidence needed to advocate about Sikh issues in America. I am thankful for opportunity to participate in the UNITED SIKHS Academy because it has opened my eyes to the endless opportunities, to my future and to the many paths I can embark on.”

Bicky Kaur "Attending the United Sikhs Academy was a once and a lifetime event. As afirst generation Sikh American, the Academy taught me to work with representatives across the board to deal with the issues we face on a daily basis in the Sikh community. Meeting with government officials, scholars, interns, film makers, and lawyers helped me network but also inspired me to make changes for a better future. I would like to thank UNITED SIKHS for allowing me the opportunity to attend such a prestigious event and for empowering me as a young female Sikh American."

Amarpreet Kaur Singh“In the summer of 2016, I was accepted into the UNITED SIKHS Advocacy and Humanitarian Aid Academy (AHAA). This Academy has helped me and other young minds explore a better way to help our Sikh community as a whole. The UNITED SIKHS workers let us converse with governmental agencies and congressmen/congresswomen. This Academy has greatly impacted my life. It has taught me how big the issue has to be in order for a bill to be passed, for example. Throughout my time with the Academy, I found myself gaining insight and experience while advocating for change for the Sikh community. Sikhs all over the world want to be identified as a Sikh because we want the world to be educated about what we believe in. The Academy helped me realize that I live in a society with other Sikhs who want to help Sikhs gain their rights and help solve the issues the Sikh community confronts.”

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Avneet Kaur “After receiving an email from an AHAA graduate about the Academy, I got drawn to want to know more about the Academy and be a part of it. I applied immediately, and it felt as if Waheguru wanted me to attend AHAA as it would be a step towards realizing my goals. Due to the Academy, I was able to step in with a team full of caring individuals who have the same goals and aspirations of giving back to the world as I did and I ended up making life-long friends. We met many dignified officials who were once in our position. Each one of the speakers taught us a lot more than we could have imagined; from how to represent Sikhi in Western world to how we could be active globally through advocacy, activism and humanitarian work. I would like to thank UNITED SIKHS for this wonderful opportunity.”

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2016 SIKH SUMMIT REPORT