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Kashmir: challenge to the World Conscience: Dr. Fai

Peoria, Illinois. August 18, 2014. “India cannot disentangle from her responsibility by just calling off the foreign secretary level talks with Pakistan. Both India and Pakistan must realize that the people of Kashmir must be the integral component of ongoing peace process as they are the primary stakeholders. The Kashmiri leadership should be included as it will facilitate permanent, durable and honorable settlement of Kashmir dispute. Both countries should understand that they cannot and must not try to resolve the Kashmir dispute by themselves. If they try without the the involvement of Kashmiri leadership, they will be performing Hamlet without the Prince of Denmark,” said Dr. Ghulam Nabi Fai, Secretary General of ‘World Kashmir Awareness’ while addressing a forum at Peoria Convention Center, Illinois entitled “Muslims Around the World Series” subtitle, “Kashmir: Challenge to the World Conscience.” The event was a part of the ICNA Midwest Convention.

The leadership of both India and Pakistan must recognize that there can be no settlement, negotiated or otherwise, without the active and full participation of the people of Jammu & Kashmir living on both sides of the Ceasefire Line, Fai added.

“There are certain characteristics of the situation in Kashmir, which distinguish it from all other deplorable human rights situations around the world. It prevails in what is recognized – under international law and by the U.N. – as a disputed territory.  According to the international agreements between India and Pakistan, negotiated by the United Nations and endorsed by the Security Council, the territory’s status is to be determined by the free vote of its people under U.N. supervision,” he stressed.

He added that it represents a Government’s repression not of a secessionist or separatist movement but of an uprising against foreign occupation, an occupation that was expected to end under determinations made by the United Nations.  The Kashmiris are not and cannot be called separatists because they cannot secede from a country to which they have never acceded to in the first place,”

Fai ruled out one thing about the resolution of Kashmir and that is doing nothing.  Because time, he said is not on the side of people of Kashmir.  Time has made the things worst.  It will never heal this problem of Kashmir.

He suggested the following agenda to help resolve the Kashmir problem:

(1).      The conflict over Kashmir cannot be resolved through military means. Kashmir issue is a political issue and has to be resolved through political means;

(2).      There has to be a cease-fire from all sides during negotiations.  Negotiations cannot be carried out at a time when parties are killing each other;

(3).      Talks must be tripartite between India, Pakistan and genuine leadership of the people of Kashmir;

(4).      There cannot be and should not be any condition from any party, other than commitment to non-violence and to negotiations;

(v).      Negotiations should be initiated simultaneously at four different levels, including:

(a).       an intra-Kashmir dialogue between the leadership of the Kashmiri political resistance, and the leadership of Azad Kashmir, Gilgat-Baltistan and the leadership of Pandits, Sikhs and Buddhists;

(b).      talks between the government of India and Pakistan;

(c).       talks between the Governments of India, Pakistan and the Kashmiri leadership;

(d).      talks between India, Pakistan, Kashmir, China and the United States.

(vi).     There should be third party facilitation to make sure that the talks between India,  Pakistan and Kashmiri leadership remain focused.  Third party facilitator could be a person of an international standing, like Nobel Laureate, Bishop Desmond Tutu of South Africa or Dr. Kofi Annan of Ghana.

Dr. Fai can be reached at:  gnfai2003@yahoo.com   OR   1-202-607-6435

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    “If parties (India & Pakistan) come here and both of them call upon the Security Council to make recommendations for the solution of their (Kashmir) dispute, ought they not in advance agree to abide by it? They are not bound to ask the Security Council to make such recommendations, but if they do, I ask the Committee of Experts if they have not thereby implied that they will conform or try to conform to them.” Ambassador Warren Austin of the United States at the Security Council on May 26, 1948.

    If promises are made to be broken, then Kashmir may be summoned to prove the treacherous proposition. Broken promises haunt Kashmir’s history, and explain its tragedy.

    The Kashmir issue is simply this: the people of a large territory which is not part of any existing sovereign state were assured by the entire international community represented by the United Nations that they would be enabled to decide their future by a free vote. Until now, this assurance has not been honored.

    With the lapse of British paramountcy on August 15, 1947, broken promises over Kashmir came not like single spies but in battalions, to borrow from Hamlet. Princely states enjoyed three options: accession to India, accession to Pakistan, or independence. But the choice, according to India’s Prime Minister Jawaharlal Nehru and tacitly endorsed by the British,