Fresh thinking is needed to cut the Gordian knot in Kashmir

The best way to solve any problem is to remove its cause.” Dr. Martin Luther King

The Joint Resistance Leadership (JRL) in Kashmir has shown willingness to talk provided the Government of India clarifies the parameters of talks.

In an interview with The Indian Express, (June 5, 2018) Dineshwar Sharma, the Chief Interlocutor said, “When I talk to the younger generation there (Kashmir), often they confront me with so many questions and even talk about Azaadi… Any rational discussion will be possible when we are able to first address the sentiment of the people…” In this interview, Mr. Sharma has made it clear that the sentiments of the people of Kashmir are for Azaadi.

I believe that fresh thinking is needed to cut the Gordian knot in Kashmir, which has been flailed at for more than 70 years bilaterally between India and Pakistan without result. All parties concerned – the Governments of India & Pakistan and the leadership of the people of Kashmir — should recognize the necessity of adjusting or re-thinking the modalities of implementing any plan to suit present-day circumstances. But what is not acceptable is any erosion far less a negation, of the principle of the will and sentiments of the people of Kashmir.

We know that all international conflicts ultimately were resolved on the negotiating table. If that is true then the world powers should become deeply engaged in order to make sure that the peace process between India and Pakistan once initiated does not get derailed. They can play a bridge building to bring parties together so that the animosity is done away with and the dawn of dialogue and engagement is sustained. They need to make sure that the policy of conflict resolution adopted by both New Delhi and Islamabad over the Kashmir dispute is consistent, coherent, transparent and dependable.

We are mindful of the urgings by the United Nations that India and Pakistan keep talking to each other. It would be perverse on the part of anyone to oppose that course of action. But to expect a breakthrough in talks is to ask for miracles. It would be irresponsible on our part to encourage the hope that if the Governments of India and Pakistan are willing to depart from the stand of principle, the compromise will be endorsed by the people of Kashmir.

During the long years of domestic and international political chess by India, Pakistan and the United Nations, it must be stressed, the people of Kashmir themselves have been denied even the role of a pawn. Their voices have neither been summoned nor heard; yet they have suffered the most in daily and harrowing human rights violations.

It’s interesting how problematic it is for India & Pakistan to agree that Kashmiris themselves have a stake in any talks about their future. In what kind of democratic process would this not be of prime consideration? The moral, legal and historical foundations for such a principle have been frequently raised not only by Kashmiris but by the world community as well, which are enshrined in the Universal Declaration of Human Rights as well as in the United Nations Security Council resolutions on Kashmir.

India and Pakistan have had more than 150 official rounds of talks in the last seven decades to discuss conflicts and differences between them. The by-product of every round of talk was an agreement to meet again to talk. In consequence, the peace process between parties has always remained an illusion. Talks have always proved barren because both India and Pakistan have never defined the parameters of talks. The talks were never meant to be time bound with specific benchmarks that would define and characterize progress. History testifies that the dispute will not, and cannot, be solved bilaterally by the two disputants. Both India and Pakistan have to agree to include the leadership of Kashmiri political resistance to explore the lasting solution of the dispute.

We are fully aware that the settlement of the Kashmir dispute cannot be achieved in one move. Like all qualified observers, we visualize successive steps or intermediate solutions in the process. It is one thing, however, to think of a settlement over a relatively extended period of time. It is atrociously different to postpone the beginning of the process on that account.

The plan of action that would ensure for all components of the State as it existed on August 15, 1947 equal representation and equal freedom to decide whether to continue the status quo or to opt for a new dispensation is not difficult to work out. It can be done by a joint committee composed of the rightly qualified people from India and Pakistan who would consult Kashmiri representatives and also, as necessary, experts from the United Nations.

What is desperately needed is an affirmation by Prime Ministers of India and Pakistan of the necessity of taking new measures to effect the settlement of the dispute within a reasonable time frame. To that end, India and Pakistan must together prepare a plan for the demilitarization of the State with safeguards for security worked out together.

Peace in the region would benefit not only those who are directly impacted by this conflict – Kashmiris – but India as well. Sounder minds must prevail. More rational methods of dealing with differences must be sought. Repeating the same mistakes while expecting different results has long ago been found to be the path of failure. Seventy years should demonstrate a need for a change in policy, a policy that accepts the need for coming together in a process that accepts the right of all people to determine their own destiny.

The people of Kashmir, like most people, are by their nature peaceful. History testifies to that fact. They do not seek war, and do not want to see their children die in a bloody conflict. They seek and would welcome a peaceful and negotiated settlement to the crisis for the sake of peace and stability in the region of South Asia.

Similar Posts

  • |

    Kashmir’s Jalil Andrabi and China’s Chen Guangcheng: A Similar Path, but a Fork in the Road

    One of the darkest chapters of Indian judicial partiality was left hanging half closed and banging in the wind when Major Avtar Singh, the killer of internationally known human rights activist and Chairman of Kashmir Commission of Jurists, Advocate Jalil Andrabi, was found dead after he killed his wife and two children, and finally himself this past Saturday morning, June 9, 2012, in Selma, California. Avtar Singh, a fugitive from justice, who lived in the hot dry central California community, a suburb of Fresno, was clearly haunted by his past, a past that had seen the blood spilled of more than one man by his own hands. He had killed four others to hide the murder of Andrabi, and now he had killed his own family.  

    In killing Jalil Andrabi, Avtar Singh certainly did not act on his own volition. He was only a major.   His act was no doubt a response to orders from above and occurred in a longstanding climate of impunity that the Indian army enjoys in Kashmir.   The Armed Forces Special Powers Act, which gives any Indian soldier the right in Kashmir to take a Kashmiri’s life under any circumstance, has enabled such a climate for decades.  And Jalil Andrabi had become a hated, despised man by the Army, a man dangerous to the status quo of continued murder and torture that had been taking place in Kashmir’s jails, interrogation centers and detention facilities for many years.  

  • |

    Bad for Business: India’s White Elephant Kashmir – Part 1

    It is nothing less than astounding that intelligent men who are charged with the responsibility of leading a country cannot comprehend that spending billions of dollars to maintain possession of a very small disputed territory to its north with millions of troops at the expense of their own national quality of life makes any sense at all. While millions of Indians don’t even have a toilet (As Prime Minister Modi said, “My real thought is to first have toilets and then temples”)and live in squalor in cardboard shelters, the government feeds off their meager incomes in order to possess and control a nation that itself is kept in a dire state economically and cannot possibly pay any return on such an investment.
  • |

    YOUTH HEROES IN KASHMIR FLOOD

     

    This flood was the first in history, in the living memory of Kashmir.  More than 450 people are dead, and more than $1bn in destruction has been estimated.  The actual magnitude of the total destruction, the number of dead and the people who are missing may not be known for some time. Kashmir Valley was cut off from the rest of the world for days.  Thousands of villages have been submerged, including the capitol city of Srinagar. Hundreds of thousands of people particularly in the rural areas still remain trapped without any outside help or rescue and relief. There has been a total breakdown in communication with no telephone contact of the people with their loved ones  Boats were not available.  People had to stand on their rooftops waiting for someone to rescue them.

  • |

    Poverty Eradication Should Be The Theme Of The 21st Century: Dr. Fai

    Washington, D.C. June 14, 2012. The Government of Brazil in corroboration with the United Nations is organizing “Sustainable Development Dialogue” between June 16th to 19th, 2012, prior to the United Nations Conference on Sustainable Development, Rio+20. The Rio+20 conference will be held at Rio de Janeiro, Brazil between June 20th to 22nd, 2012. Over 17,000 participants, including Heads of the State, Heads of the Government and 799 NGO’s are participating in the conference. According to the organizers, the Conference will focus on two themes: (a) a green economy in the context of sustainable development and poverty eradication; and (b) the institutional framework for sustainable development.

     

  • |

    Kashmir Event Held in Washington, D.C.

    Washington, D.C. February 15, 2104. “Our efforts should be to persuade the world community including the United States to urge both India and Pakistan to include the leadership of the people of Jammu & Kashmir in the negotiations to peacefully resolve the dispute over Kashmir. When we talk of Kashmir, we talk of the sentiments and enormous sacrifices made by the Kashmiri people during the past 67 years for a cause dear to all inhabitants, be they Muslims, Hindus, or Buddhists. It is time that both India and Pakistan realize that until the Kashmiri leadership is included in the peace process, these negotiations between India and Pakistan may not lead them to any logical conclusion,” said Dr. Ghulam Nabi Fai at a seminar, held at Holiday Inn Hotel and organized by Kashmir Form, Washington, D.C.

  • |

    Human Rights Are Universal and No Longer Accepted as Domestic Jurisdiction: Dr. Fai

    Washington, D.C. July 8, 2012. “No human rights are self-executing. Thus, everyone who participates in raising the issues of civil and political rights does yeoman’s service on behalf of the oppressed. What is even more impressive is the willingness to invite risks to life, liberty, and property by those who would speak in the name of civil and political rights against autocratic or cruel regimes. How many unknown champions lie unremembered and unheralded in graves?” said Dr. Ghulam Nabi Fai on the eve of the 105th session of the United Nations, Human Rights Committee which will be meeting in Geneva between July 9 – 27, 2012. The Human Rights Committee is the body of internationally known 18 independent experts who are elected for a term of four years. Currently, Dr. Zonke Zanele Majodina of South Africa is the Chairman of the Committee. The Committee monitors implementation of the International Covenant on Civil and Political Rights all over the world.