Professional Documents
Culture Documents
Laura Schuurmans
Laura Schuurmans
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All rights reserved. No part of this publication may be used or reproduced in any manner whatsoever without the written permission of the author. She can be contacted at schuurmans.laura@gmail.com Design and layout by PT Schuurmans Indonesia Printed in Indonesia
KASHMIR SOLIDARITY FORUM Jl. Danau Agung 2, Blok E13/IB Sunter Agung Podomoro Jakarta Utara INDONESIA Phone/Fax +62 21 647 15976
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Credits
Kashmir Media Cell Front cover photograph Map on page III Photographs on the following pages: 1, 2, 3, 4, 5, 6, 9, 11, 20, 24, 25, 26, 27, 38, 29, 31, 33, 34, 35, 43
Laura Schuurmans Photographs on the following pages: X, 17, 18, 19, 21, 22, 23, 36, 38, 40
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Contents
Foreword Authors note Prelude Kashmirs religious divide The Two Nation Theory Militancy in Kashmir Indias stance on Kashmir Pakistans stance on Kashmir The State of Azad Jammu and Kashmir Refugees from Indian-held Kashmir Present conditions in Indian-held Kashmir
IX XI 1 8 9 13 14 16 17 22 24
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Aksai Chin & Chinese views on Kashmir The opinion of the Kashmiris on both sides of the Line of Control United Nations Bilateral talks Kashmir; a problem with global dimensions The way forward Appendix - The Mumbai attacks: A new hypothesis - Timor Leste a model for Kashmir - Understanding India: Myth or reality - China views Kashmir as a major dispute - Indias commercial interests vs the Kashmir dispute References
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36 43 45 48 51 52 56 60 64 67 71
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Foreword By Drs Zahir Khan, SH. Dipl. TEFL Lecturer Legal Consultant Director of Iqbal Academy Indonesia Chairman of Kashmir Solidarity Forum Chairman of Indonesia Institute for Christology
It is with immense pleasure that I pen down my thoughts on this research paper Kashmir: Paradise on Earth or a Nuclear Flashpoint. I am highly impressed with the utmost passion and objectivity of Laura Schuurmans, who has traced the genesis of the Kashmir Dispute, its protracted fallout on the suffering humanity for the past six decades and a resolute need for its solution. The world generally understands the Kashmir problem as a border dispute between two nuclear rivals, India and Pakistan. This, however, is not the only dimension of the issue, a fact well researched by Laura not from a political angle but from a human rights view point, of which not much is known to the world due to the presence of 700.000 Indian troops and draconian laws applied to the daily life in Indian occupied Kashmir. This research paper makes an interesting reading as an introduction to the conflict and it gives a convincing argument for a quick and meaningful solution to the Kashmir Dispute. Drs Zahir Khan
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Authors note
Located between the vast mountainous ranges of the Himalayas, the Karakoram and Pir Panjal lays the princely state of Jammu and Kashmir which once was a popular tourist destination known for its serene beauty. The Mughal Emperor Jehangir rightfully called Kashmir a Paradise on Earth. Unfortunately the beauty and serenity of Kashmir has been overshadowed by decades of armed conflict. Although the Kashmir dispute is a conflict between India and Pakistan, those who have been suffering are the Kashmiris. During the interviews which I conducted during my research, many spoke of the agony without any emotion, as though it was normal and part of their everyday life. After more than six decades the Kashmiris are still waiting for the plebiscite promised by the United Nations. I staunchly believe that it is the moral obligation of the international community to seek a solution to the ongoing Kashmir dispute.
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Prelude
In the seventeenth century the British founded the East India Company and established trade routes with the South Asian subcontinent and South East Asia. The East India Company eventually created the British Raj stretching from todays Pakistan, India to Bangladesh which ruled the Indian subcontinent from 1858 to 1947. The British Raj comprised British India and 584 Princely States scattered throughout the subcontinent. Earlier in 1846 the East India Company had sold one of the Princely States to Maharaja Gulab Singh
Maharaja Gulab Singh who purchased Kashmir from the British Raj
through the Treaty of Amritsar. Maharaja Gulab Singh was the great grandfather of Hari Singh, who was Maharaja of Kashmir at the time of partition in 1947. 1
Maharaja Hari Singh The Princely State of Jammu and Kashmir, usually referred to as Kashmir comprised Jammu, the Kashmir Valley and Ladakh. Hunza, Gilgit and Nagar known as the Northern Areas are located in todays Pakistan. Kashmir only refers to the Kashmir Valley with the capital Srinagar where the majority of the people live and which is now located on the Indian side of the Line of Control (LOC).
The biggest human migration of the 20th century, refugee trains to Pakistan in 1947. After the partition of India under the British Empire in 1947, Pakistan and India became two independent nations. The treaty of partition was based on the Two Nation Theory which clearly stated that all parts of India with a majority Muslim population would become part of Pakistan and those with a Hindu majority would become part of Hindustan, todays India. In addition there were the Princely States with different geographic and demographic patterns. Some of these Princely States were ruled by Muslims called Nizam but the majority was ruled by Hindu Kings called Raja or Maharaja. These Princely States were given the choice to accede to India, Pakistan or in some cases to become independent on the basic premise of their demographic
patterns as well as geographic contiguity. Those States whose location was deep inside present India became part of India due to unavoidable geographic compulsions, even if the demography favored to join Pakistan. Jammu and Kashmir was one region that was contiguous to both India and Pakistan, but at the time of partition in 1947, the vast majority favored to join Pakistan as declared by representatives of the working party in Kashmir on July 19, 1947 2.
Refugees fleeing from India to their newly formed country, Pakistan, 1947 The majority Muslim population of this Princely State was ruled by Maharaja Hari Singh who instead of joining Pakistan signed a controversial treaty of accession with India after which its armed forces positioned themselves in Kashmir. Consequently war between
India and Pakistan broke out in October 1947. India accused Pakistan for initiating this armed conflict to move Pathan (also known as Pashtun) tribesmen from Pakistans North West Frontier Province presently called Khyber Pukhtunkhwa into Kashmir, whereas Pakistan has always claimed it was a spontaneous counter-reaction by the people. Alastair Lamb, a British historian and one of the leading authorities on Kashmir wrote in The Incomplete Partition that with the arrival of the Pathan tribesmen into what is today Azad Kashmir, Mountbatten had concluded that Jawaharlal Nehru himself a Kashmiri - was using this event as an excuse to extend permanent Indian control over as much of the State as could be brought about by force of Indian arms. 3
In 1948 India brought the matter to the United Nations and the United Nations Commission for India and Pakistan was established to mediate and investigate the dispute. India and Pakistan wanted peace and order to be restored in Kashmir and both also agreed to hold a plebiscite for the Kashmiri people to decide on the future of the State as enshrined in the UN resolutions. However, mistrust started growing between the two countries, two more wars were fought and more than sixty years after the first attempt to restore peace and order a plebiscite has not yet been held. After India and Pakistan became nuclear powers in the following decades, the Kashmir dispute potentially turned into one of the worlds most dangerous conflicts.
Mohammad Ali Jinnah, the founder of Pakistan with Kashmiri leaders in Srinagar, 1944
Pakistan has been accused of its alleged support for militancy, but India has never succeeded in winning the hearts and minds of the Muslim majority in Kashmir. Torture, killing and rape of innocent civilians by the Indian security forces have deeply frustrated the Kashmiri people who after more than six decades of waiting are still deprived of their right to self determination. As the world has been faced with economic challenges, growing food insecurity in the developing world and the global war against terrorism, the Kashmir dispute has further endangered regional peace and security. The wars in Afghanistan and Iraq, the Israel-Palestine conflict and the Kashmir dispute have been a grave threat to world peace. These conflicts are part of the bigger problem of peaceful coexistence, but they are also part of the solution. If no immediate action is taken to move towards a settlement of Kashmir dispute, the conflict may ultimately have dire repercussions for international peace.
Two leaders of independence, Gandhi of India and Muhammad Ali Jinnah of Pakistan
The basic principles behind the Two Nation Theory were actually initiated by Veer Savarkar, an Indian revolutionary and politician who developed the ideology of Hindu nationalism called Hindutva. While the Americans developed the Marshall plan to help rebuilding war-torn Europe with one of the conditions to decolonize, in 1947 the British hastily demarcated the final borders which divided British India into two new states. According to the Two Nation Theory, the strategically important Princely State of Jammu and Kashmir was expected to accede to Pakistan owing to its predominantly Muslim population as enshrined in the partition plan brokered by the British Raj, but Maharaja Hari Singh, who also thought of declaring an independent nation, finally decided to join India through a controversial treaty of accession. Pakistan felt frustrated and angry. Based on the Two Nation Theory, Kashmir should have acceded to Pakistan just like Hyderabad and Junagadh had to join India because of its predominant Hindu population. The late Josef Korbel, father of former US Secretary of State Madeleine Albright, who went to Kashmir on behalf of the UN Security Council to find a settlement for Kashmir in 1948 stated in his book Danger in Kashmir that Junagadh, with a Muslim ruler but with a Hindu population of about 700,000 acceded in September 1947 through the act of its Nawab to Pakistan, but the Indian army entered the country and assured the people of their right to express themselves about their future. They voted for India. 9 The same happened in Hyderabad. According to the census of 1941, a total of 77.1 percent were Muslims, 20.12 percent Hindus, and 1.64 percent Sikhs in Kashmir. The rate of increase of population has been estimated at 1 percent per year. 10 The
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region of Ladakh adjacent to Tibet was home to some 40.939 Buddhists. 11 Due to its geostrategic location and close proximity to China, Pakistan and India, Kashmir is of strategic importance to all.
Nehru of India and Muhammad Ali Jinnah of Pakistan in Simla, 1946 In addition, the politics of waters of the Jhelum, Chenab and Indus Rivers also play an important role for India and Pakistan. These rivers start in the Himalayan Mountains and flow from or through Kashmir to Pakistan into the Arabian Sea on which Pakistans and Indias agrarian land and economy heavily depends. Given the Radcliffe Line demarcated by the British which defined the border between India and Pakistan, the geographic location of Kashmir and the flow of the rivers, it would have been logical for Kashmir to become part of
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Pakistan. Moreover, India had no direct land access to Kashmir and at the last moment the British altered the border at Gurdaspur giving India the land access which was crucial to them.
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Militancy in Kashmir
Although militancy in Kashmir also include some former Afghan mujahideen who started with an armed struggle in Kashmir after the end of the Soviet occupation in Afghanistan in 1989, in fact the freedom struggle in Kashmir mainly comprises Kashmiri youth who resorted to armed struggle only when the Kashmiri people failed to secure their right to self-determination through peaceful means. They held demonstrations, made representations and even contested the elections. Further, the armed struggle in Kashmir is based on international covenants and the United Nations resolutions which have categorically justified even use of military means to end illegal occupation.
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A view from Azad Jammu and Kashmir Pakistans administered part is called Azad Jammu and Kashmir which means Free Jammu and Kashmir. Until the partition of 1947, Azad Jammu and Kashmir was not easily accessible and had remained underdeveloped. Despite financial constraints, the Pakistan government has made continued efforts to improve living standards of the Kashmiri people. Since the state has been under Pakistans administration, two airports and many major roads have been constructed, piped water supplies, electricity and healthcare has significantly improved. Presently infant mortality stands at approx 56 per 1000 live births and the immunization rate for children under 5
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years of age is more than 80 percent. 12 Pakistan together with Azad Kashmirs government has also worked hard to eradicate illiteracy. Literacy rate stands for over 60 percent which is higher than Pakistan where the literacy rate is at least 10 percent lower according to UNESCO. 13 In addition, enrolment rates at primary schools in Azad Kashmir are 95 percent for boys and 88 percent for girls. 14
Writer with the President of Azad Jammu & Kashmir and presidential staff
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Development in Azad Jammu & Kashmir 15 Development Airport Road Electricity Piped water supply rural areas Piped water supply urban areas Healthcare 1947 265 km non-existent non-existent non-existent 30 beds 2002 non-existent 2 9816 km 360,000 homes 62 percent 77 percent 1731 beds
Writer at a school for the children of Kashmiri refugees in Muzaffarabad Ethnic Kashmiri people whose grandparents migrated to Pakistan long ago have fully integrated in Pakistans society of which some examples are former Prime Minister Nawaz Sharif and his brother Shahbaz
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Sharif, General Aziz Khan (ex chairman Joint Chiefs of Staff Committee) and many more. More than 30.000 Kashmiris are serving in Pakistans armed forces and have reached the ranks up to four stars generals. Kashmiris have no restrictions to move or find jobs in Pakistan. In fact they can and do serve in all major ministries and government departments.
Pakistans ex Prime Minister Nawaz Sharif, taking oath of office Kashmiri families have been divided on both sides of the Line of Control (LOC) and are not allowed to visit each other. Pakistan has repeatedly requested to allow free cross border travel across the Line of Control. India, however, has not agreed to the proposal. As a humanitarian gesture to the Kashmiris in 2005 the first bus service started operating between Muzaffarabad (capital of Azad Jammu and Kashmir) across the Line of Control to Srinagar. Former Pakistans
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President Pervez Musharraf initiated this idea to enable the divided families to meet and build people to people contact and to build trust between India and Pakistan.
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A Kashmiri refugee from Indian-held Kashmir who lost his leg to the Indian landmine laid on the Line of Control
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Thousands of Kashmiris who were forced to flee Indian-held Kashmir in 1989 have since been living in a Manak Payan refugee camp in Muzaffarabad. One refugee who had fled his home town in Indianheld Kashmir after the Indian security forces accused him of being a terrorist and he faced persecution, does not want his name to be mentioned. In an interview he quoted by saying You must know what is truly happening in Kashmir. The international media does not properly cover the Kashmir dispute. India should stop committing atrocities against innocent Kashmiris. In Indian-held Kashmir people have no access to basic human rights. India must stop with its state terror. Its forces must leave the territory and the United Nations must fulfill its responsibility for a referendum. It is obvious that we Kashmiris dont want to be part of India. We never wanted to become part of India in the first place. 16
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Natures blessing - Serenity of the Kashmir Valley Although Kashmir used to be referred to as Paradise on Earth Jammu and Kashmir is everything but a paradise. This is evident from the fact that out of over one million soldiers of the Indian army, 700.000 are only deployed in the disputed region of Kashmir to control 7 million Kashmiris. This is about one soldier for every ten civilians. Indian-held Kashmir is one of the heaviest militarized regions in the world and Indian armed forces have been committing atrocities on large scale against innocent civilians for over two decades.
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The Kashmiri people The New York Times published an article in February 2007 stating that Kashmiris have long accused Indian authorities of disappearances and extrajudicial killings; one local human rights group estimates that 10.000 people have disappeared since the anti-Indian insurgency began in 1989. Nor have civilians been immune to savagery of militants; beheadings are among their favored tactics. 17 It has remained hard to estimate the total number of deaths since 1989. Human Rights Watch stated the State of Jammu and Kashmir has been in conflict for the last two decades, and tens of thousands of civilians have died, caught between separatist militants and Indian security forces. While militants too have been responsible for human rights abuses, Kashmiris have long complained about violations by Indian troops who go unpunished for serious crimes including extrajudicial executions, torture, arbitrary detentions and enforced disappearances. 18 The UK Guardian quoted
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qthat the conflict has cost at least 40.000 lives. 19 The International Herald Tribune stated that more than 68.000 people, mostly civilians, have been killed in the conflict. 20
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Against all odds, Kashmiris struggle hard to achieve their independence from India
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Human resilience versus state terror A Kashmiri businessman from Indian-held Kashmir who wishes to remain anonymous as he fears reprisal from Indian security forces has estimated that the actual death toll is much higher than those quoted in the media. In an interview he told that the Indian armed forces have successfully intimidated the Kashmiris who by nature are too scared to pick up a gun and fight. 21 He continued saying Kashmiris actually have a lot of goodwill for Sheikh Abdullahs family. As long as they speak the right words, they will get many followers in Kashmir. Unfortunately his grandson Omar Abdullah, todays Chief Minister has been too close to India. More than sixty years after the partition, the situation has not changed. The Indians have never succeeded winning over the hearts and minds of the vast majority of Kashmiris. If the international community had cared about us and about democracy, there would have been a referendum for the Kashmiris to decide on their future. But the international community obviously has no interest in us which is also one of the reasons why many
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Kashmiri families have given money to the freedom fighters in Indian-held Kashmir. The West considers these rebels religious terrorists, but we Kashmiris simply call them freedom fighters. After the insurgency started in 1989 thousands of alleged freedom fighters were forced to cross the border into Pakistan as they feared torture, arbitrary arrests or death.
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Region
Kashmir Valley Jammu Ladakh
Buddhists
/// /// 50%
H indus
4% 66% ///
Muslims Others
95% 30% 46% /// 4% 3%
Region
Northern Areas Azad J & K
Buddhists
/// ///
H indus
/// ///
Muslims Others
99% 99% /// ///
A view from the paradise Anti-Indian sentiment is deeply rooted in the Kashmir Valley where the majority of the people live. In the latest elections of 2008 people went to poll amid heavy security but most Kashmiris boycotted the elections. The Indian government claimed that the total voter turnout was more than 60 percent, but in Srinagar, capital of the Kashmir
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Valley, the voter turnout was only about 20 percent. 24 In Jammu the voter turnout was about 70 percent. 25 Jammu is the only region which has a predominantly Hindu population. The area is known for its many temples and Hindu shrines and is a famous pilgrimage destination for Hindus. Ladakh borders with China in the north and is predominantly Buddhist. The region has been strongly influenced by the Tibetan culture. Victoria Schofield, a British historian and author of several books on Kashmir stated that neither the Buddhists of Ladakh nor the Hindus of Jammu share the objectives of the Muslim Kashmiris of the valley. Their main concern has been to press for autonomy against dominance from the more populous valley. 26 Pakistans administered Kashmir has been divided in the Northern Areas - the new name is Gilgit Baltistan - and Azad Kashmir.
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Although people in the Northern Areas have been living amidst poverty and their needs have often been neglected, Victoria Schofield stated that people in the Northern Areas are generally believed to favor full integration with Pakistan. 27 In Azad Kashmir there is a strong sentiment among the people who still believe that a plebiscite according to the UN resolutions is the only solution. Although there is a faction of Kashmiris in Azad Jammu and Kashmir who may desire independence, they also are aware that an independent Kashmir has to confront difficulties of survival. Therefore, they generally accept to become part of Pakistan which has provided them with access to the basic facilities like healthcare, education and jobs.
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United Nations
During the initial stages the United Nations actually did play an important role in maintaining law and order in Kashmir. In one of the resolutions it even included to settle Kashmir through arbitration. Unfortunately it has never been in the position to press for a settlement and more than 60 years later the United Nations has hardly shown any interest in the Kashmir dispute. The following are excerpts of some of the resolutions adopted by the United Nations Security Council:
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Resolution of January 17, 1948 The Security Council calls upon both the Government of India and the Government of Pakistan to take immediately all measures within their power (including public appeals to their people) calculated to improve the situation, and to refrain from making any statements and from doing or causing to be done or permitting any acts which might aggravate the situation. 28 Resolution of January 20, 1948 The Security Council, considering that it may investigate any dispute or any situation which, by its continuance, endanger the maintenance of international peace and security and that, in the existing state of affairs between India and Pakistan, such an investigation is a matter of urgency, adopts the resolution that a Commission of the Security Council (UNCIP) is hereby established. 29 Resolution of April 21, 1948 The Security Council is strongly of the opinion that the early restoration of peace and order in Jammu and Kashmir is essential and that India and Pakistan should do their utmost to bring about a cessation in all fighting. 30 The Security Council noted with satisfaction that both India and Pakistan desire that the question of the accession of Jammu and Kashmir to India and Pakistan should be decided through the democratic method of a free and impartial plebiscite, considering that
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the continuation of the dispute is likely to endanger international peace and security. 31
Restoration of peace and order The Government of Pakistan should undertake to use its best endeavors to secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered to State for the purpose of fighting, and to prevent any intrusion into the State of such elements and any furnishing of material aid to those fighting in the State. 32
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The Government of Pakistan should make known to all concerned that the measures indicated in this and the following paragraphs provide full freedom to all subjects of the State, regardless of creed, caste, or party, to express their views and to vote on the question of the accession of the State, and that therefore they should co-operate in the maintenance of peace and order. 33 The Government of India should, when it is established to the satisfaction of the Commission set up in accordance with the Councils resolution 39 (1948) that the tribesmen are withdrawing and that arrangements for the cessation of the fighting have become effective, put into operation in consultation with the Commission a plan for withdrawing their own forces from Jammu and Kashmir and reducing them progressively to the minimum strength required for the support of the civil power in the maintenance of law and order. 34 The Government of India should undertake to ensure that the Government of the State invites the major political groups to designate responsible representatives to share equitably and fully in the conduct of the administration at the ministerial level while the plebiscite is being prepared and carried out. 35
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The Government of India should undertake that there will be established in Jammu and Kashmir a Plebiscite Administration to hold a plebiscite as soon as possible on the question of the accession of the State to India or Pakistan. 36 The Government of India should ensure that the Government of the State released all political prisoners and take all possible steps so that a) All citizens of the State who have left it on account of disturbances are invited, and are free, to return to their homes and to exercise their rights as such citizens b) There is no victimization c) Minorities in all parts of the State are accorded adequate protection. 37
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Resolution of March 30, 1951 The Security Council calls upon the parties, in the event of their discussion with the United Nations Representative failing in his opinion to result in full agreement, to accept arbitration upon all outstanding points of difference reported by the United Nations Representative (in accordance with paragraph 5 above), such arbitration to be carried out by an arbitrator, or a panel of arbitrators, to be appointed by the President of the International Court of Justice after consultation with the parties. 38 In one of the resolutions of December 2, 1957, however, the United Nations Security Council expressed concerns over the lack of progress towards a settlement of the dispute. 39 Throughout much of the Cold War, Indias relations with the Soviet Union were friendlier than those with the United States. 40 Since 1957 the Soviet Union had become increasingly involved in the UNSC on issues related to Kashmir and vetoed many proposals and resolutions put on the agenda. The Kashmir dispute was put again on the agenda of the Security Council in 1965 following the war over Kashmir. Steadily the United Nations started losing interest in the conflict, and in December 1971 the Security Council discussed the grave situation in the South Asian subcontinent for one last time. Although the East-Timor question in Indonesia is a different conflict compared to Kashmir, with pressure from the international community, however, Indonesia did open its doors and held a referendum under the auspices of the United Nations. The article
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Timor Leste a model for Kashmir draws a parallel between the two disputes and also underscores the importance of the United Nations in conflict resolution. The article was published in the Jakarta Post and can be read in the appendix.
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Bilateral talks
Foreign Secretary level Indo-Pak talks in New Delhi, February 25, 2010 The Composite Dialogue and Confidence Building Measures known as CMBs were positive steps taken by India and Pakistan to enter into a bilateral dialogue to address different issues. The CMBs were steps taken in mutual agreement with each other to bridge the gulf of mistrust of which some examples are the ceasefire along the Line of Control, a bus service between Srinagar and Muzaffarabad, and the train service between Khokhrapar and Monabao. The CMBs are put in place only as steps to help remove mistrust, establish and improve confidence in each other so as to pave way for a resolution of the core issue of Kashmir. It, however, does not define the mechanism for a solution to the dispute.
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The Composite Dialogue is meant to address all issues including the Kashmir dispute. Although the Kashmir dispute is the core issue of all problems between India and Pakistan, the Siachen issue, Sir Creek issue and the water dispute also need to be resolved to obtain lasting and durable peace between the two states.
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counterproductive to world peace particularly in a nuclearized environment. The spread of militancy is yet another issue which merits direct attention of the world. A large percentage of Muslims in India have been living in dire poverty sometimes worse than Indias untouchables. Arundhati Roy, one of Indias most prominent writers and winner of the prestigious Booker Prize concluded in her article The Monster in the Mirror which she published following the Mumbai attacks of November 26, 2008 We have a hostile nuclear weapons state that is slowly spinning out of control as a neighbor, we have a military occupation in Kashmir and a shamefully persecuted, impoverished minority of more than 150 million Muslims who are being targeted as a community and pushed to the wall, whose young see no justice on the horizon, and who, were they totally lose hope and radicalize, end up as a threat not just to India, but to the whole world. 41 According to the US State Department there are three main militant organizations which operate in India, Pakistan and Kashmir. 42 Harakat ul-Mujahidin (HUM) is an Islamist militant group that operates primarily in Kashmir. 43 Jaishe-Mohammed (JEM) was formed in early 2000 and the groups aim is to unite Kashmir with Pakistan. 44 India has made claims that Lashkar-eTayba (LT) has allegedly been involved in the Mumbai attacks of November 26, 2008. LT is a Sunni missionary organization formed in 1989 and is one of the largest and best trained groups fighting in Kashmir which has conducted a number of operations against Indian troops and civilian targets in Jammu and Kashmir since 1993. 45
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The following article The Mumbai attacks, a new hypothesis elaborates more on the issue. (text can be read in the appendix)
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A special commission of Indians, Pakistanis and Kashmiris should be established with a neutral country to act as mediator. All parties need to go to the negotiating table and install a clear mechanism on how to move forward with specific steps being taken with reference to definite timelines. Both India and Pakistan should reduce troops presence on the Line of Control to demonstrate their seriousness. Besides, India must withdraw its army from the occupied territory and stop human rights violations. They should also open the Line of Control with immediate effect for families on both sides to visit each other. This will build friendly relations between India and Pakistan and it will also build confidence among the Kashmiris. To move on, elections should be held in each district and representatives should come together and listen whether the regions are opting for greater autonomy, self rule, independence or a plebiscite under the United Nations. This should be
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followed by a Kashmiri Assembly to represent each district. Indians, Pakistanis and Kashmiris should be nominated to put together a committee to monitor the peace process and to decide on the borders. After the Kashmiris, Indians and Pakistanis have agreed on a final outcome, it should be implemented by the UN under its charter. Law and order should be kept in Kashmir with supervision of UN peacekeepers. At the same time Pakistan and India should pledge to the international community that they will not deliberately interrupt the peace process for which a special human rights commission should be established where perpetrators of human rights violations should be brought to book. All this is possible if the bigger world powers take serious interest in the issue and do not brush it aside for political reasons. The Kashmir conflict is a serious human dilemma and needs to be tackled with compassion to restore human dignity and bring back peace to the South Asian subcontinent.
As the world dynamics keep on changing, people should cope with new challenges. The secret of world peace lies in peaceful coexistence among different religions, ethnicities and cultures.
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Appendix
Reprinted with the courtesy of the Jakarta Post, Indonesias leading English daily newspaper
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said, If we single out that one incident [the Mumbai attacks] and ask any person in this countrywith basic information and knowledge, he will say that such a big terror attack on India cannot take place without help from the nation itself. In July 2008, within a time span of 70 minutes, a series of 21 bomb blasts hit Ahmedabad, the cultural and commercial heart of Gujarat State located in western India, killing 56 people and injuring more than 200. Earlier in 2002, sectarian violence erupted between Hindus and Muslims for the first time in Gujarat, killing hundreds and displacing more than 150,000 people, of which the majority were Muslims, who have since been living in refugee camps in dire humanitarian conditions. The Indian Mujahideen, an Islamic terrorist organization active within the country, claimed responsibility for the 2008 attacks, and the Indian government rapidly linked them to militant groups operating in Indianheld Kashmir, where a dozen rebel groups have been fighting for an independent Kashmir against Indian armed forces since the separatist insurgency erupted in 1989. Modi and Advanis statements, however, added an altogether new dimension to the Mumbai issue, which interestingly may lead to Kashmir and which may ultimately also lead to renewed talks between Pakistan and India on the disputed territory.
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The Kashmir dispute dates back to the partition of British India into two independent states in August 1947 and which has remained unsolved after more than six decades. US President Barack Obama pledged to intervene and seek to solve the Kashmir dispute. During the latest visit to India by British Foreign Secretary David Miliband, he suggested that resolving the Kashmir dispute would make India less vulnerable to attacks, and that Richard Holbrooke, the US special representative for Afghanistan and Pakistan, would also work for a resolution to the Kashmir issue. A solution to the Kashmir dispute will enhance the regional stability of the South Asian subcontinent, where both India and Pakistan are nuclear powers. It will also boost Indias economy and open many more doors for the worlds fastest growing democracy to become a global political and economic player. Nonetheless, the time has also come for Pakistan to seriously focus on the growing threat of militancy within its borders. It has a dual responsibility when it comes to eradicating terrorism. It not only has to wipe out the menace from within its territory, but to succeed, Pakistan will also have to stop supporting militant groups beyond its borders. The international community, however, needs to realize that one country alone cannot overpower the giant of militancy which it has been facing since the end of the Afghan war in 1989. It needs support from the region and the whole world to seriously address the issue.
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Fortunately, President Obama has blown some rejuvenating air into US foreign policy. Whether it is the war in Iraq and Afghanistan, the Israel-Palestine issue, or the Kashmir dispute, he definitely has the right intentions within his capacity to do something good for this world.
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During the partition in 1947, Kashmir was given the right to accede to India, Pakistan or to become independent. Based on the ideology of the two nations, theoretically, it was widely expected that Kashmir would accede to Pakistan. While Kashmir is a predominantly Muslim state, the Hindu ruler of Kashmir, however, signed a rather controversial Treaty of Accession in favor of India. More than 60 years later, the unresolved Kashmir dispute has turned into a grave threat to security of the South Asian subcontinent. Both India and Pakistan, however, can learn from Indonesia. During the years it occupied East Timor, Indonesia invested significantly more money for development than Portugal had done during their colonial rule. Despite Indonesias obstacles and fears of losing East Timor, it ultimately did accede to international demands to hold a referendum. Following the referendum in 1999, relations initially remained tense after elements of the Indonesian military left most of East Timor in ruins. Violence broke out on several occasions in the years that followed, and a number of Indonesian military officers and militia have enjoyed impunity. On the road toward democracy, however, Indonesia has accepted the fact that it lost East Timor. It has also been dealing with the issue wisely as it has continued with its efforts to give support and build strong ties with the former province. The international community and the UN were deeply involved in pressing Indonesia for a referendum.
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Unfortunately, those who helped free the people of East Timor have been turning a blind eye to the people of Kashmir, who have been living under the shadow of the gun for the past six decades. The Kashmir dispute dates back far earlier than the East Timor issue and it is also a far more serious threat as India and Pakistan are two nuclear giants. A solution to Kashmir will undoubtedly enhance and improve regional security. In the War on Terror the international community has been focusing mainly on the western border with Afghanistan. Pakistans three largest militant groups with alleged ties to al-Qaeda and the Taliban, however, do not operate in the porous mountains along the Pakistan-Afghanistan border, but have been active for more than two decades in Indian-held Kashmir. Consequently, in the worlds largest democracy, 700,000 soldiers are now keeping a population of seven million Kashmiris under tight control and have been widely violating human rights. Lashkar-e-Tayba, the largest of these militant groups has been accused of involving in the Mumbai attacks of Nov. 26, 2008. Unlike East Timor, it seems nobody is really moving to find a solution to Kashmir. Maintaining todays status quo may actually favor India, since any renewed talks on Kashmir may jeopardize Indias integrity. While Pakistan has been sinking deeper into trouble, its political leadership has been more concerned with ousting potential political opponents than on the root cause of its problems.
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US President Obama has expressed his desire to seek a world free of nuclear weapons. His statement, however, may have been premature, for as long as there is no solution to the Kashmir dispute both India and Pakistan will likely continue expanding their nuclear arsenal. A solution to the Kashmir dispute is essential for regional peace and security. The longer one maintains the status quo, the more likely this will have global repercussions in the mid and long term. In this regard, Indonesia can play an active role as a neutral mediator to renew talks between India and Pakistan and to move one step forward.
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In the eyes of pro-independence Kashmiris, the decision of the Maharaja to join India has been rather controversial, and the arrival of the Indian army on Oct. 27, 1947 is considered a black day in Kashmir's history. Each year on Oct. 27 Kashmiris commemorate this black day to bring the Kashmir dispute to the attention of the international community, to appeal for an end to human rights violations and to bring about a solution of the Kashmir dispute in line with the aspirations of the Kashmiri people and the United Nations resolutions on Kashmir. After Pakistan and India first went to war in 1947, three more wars were fought in 1965, 1971 and 1999. Both nuclear giants, however, have failed to resolve the dispute. Consequently, millions of Kashmiris have been living under severe oppression and tens of thousands of people have since been killed. Moreover, the conflict has seriously jeopardized regional peace and security. If Indian claims are correct that the state of Jammu and Kashmir is an integral part of India, this beautiful country may then not be as *'incredible'' as its tourism campaign "Incredible India" has portrayed. Today, Indian-administered Kashmir is the heaviest militarized region in the world where 700,000 Indian troops have been keeping a population of 7 million Kashmiris under tight control. India has argued, however, that its military presence is vital to fight Islamic militants that have been crossing the border from Pakistan. Besides the Kashmir dispute, India has been dealing with other internal challenges. Only 50 percent of the population has access to
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electricity, one in four Indians goes to bed hungry, and illiteracy rates particularly in rural areas where the majority of Indians live remains high. Separatist and Maoist movements in India have been active for decades and Amnesty International and Human Rights Watch have repeatedly reported on communal violence between Hindus, Christians and Muslims. In comparison to India, Indonesia, the world's fourth-largest democracy, may have achieved more success in some cases. Although Indonesia suffered for more than three decades under military dictatorship, it has made considerable progress over the past decade. Indonesia has been successful in keeping the country unified, it has settled disputes in East-Timor and Aceh, and it has significantly improved its human rights record. Although sectarian violence and separatist violence has occasionally erupted, overall different ethnic and religious groups have been living peacefully side-by-side. Indonesia's diverse and rich culture represents many ethnic, linguistic and religious groups and although India is far larger in population, Indonesia does have a national language that is spoken by almost everyone across the archipelago. Hindi, the most widely spoken official language in India, is only spoken by an estimated 30 percent. Going back to the Kashmir dispute, if Indonesia together with mediation from the international community can resolve the East Timor problem and Aceh's separatist movement, it may be time that India returns to the negotiating table as per the wishes of the Kashmiris. To bring about a solution to the more than 60-year-old
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Kashmir dispute is essential for regional peace and security and will allow India to be a true and incredible democracy.
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In November last year the Chinese authorities reiterated that they would continue issuing visas on a separate sheet as they believed that a solution to the Kashmir dispute was essential and should be solved through dialogue instead of continuing to idle. Twenty percent of the disputed Kashmir region is under Chinese administration but claimed by India. In 1962 this border dispute triggered the Sino-Indian war after China had constructed a highway through Aksai Chin, which the Indians only discovered after it was depicted on Chinese maps. Historically Aksai Chin was part of the Himalayan Kingdom of Ladakh until it was annexed to the Princely State of Kashmir in the nineteenth century. The Chinese never accepted the boundary between China and Kashmir that was negotiated by the British following the partition of India and Pakistan in 1947 and have continued to lay their claims on Aksai Chin. Despite Indias claims to move to a solution of the Kashmir dispute it appears to prefer a status quo.India also fears that a solution to Kashmir may jeopardize Indias integrity where dozens of separatist movements have been active throughout the country for decades. Indian Prime Minister Manmohan Singh has declared that the Maoist movement is presently the gravest threat to Indias internal security. Indonesia had similar fears when East-Timorese voted for independence in August 1999 that this could trigger a domino effect for other separatist movements that have been active since they gained independence from the Dutch in 1945 but in fact Indonesia was able
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to solve most of its problems, with peace and stability returning to Aceh. Regretfully the international community generally ignores the Kashmir dispute. Instead they tend to bow to the demands of India, which is a growing world economic power where many western companies have their interests. And the international community is not really interested listening to Pakistans or Chinese demands to seek a solution to the Kashmir dispute. Kashmir is a problem with global dimensions. Kashmir is home to some of the hardcore militant groups.On top of the danger of these militant groups, three nuclear giants that have some of the worlds largest armies have come together in Kashmir where each country lays its claim and has its stakes. Despite Indias and Pakistans statements to move toward a solution to the Kashmir dispute, no major steps have been taken and nothing concrete has actually been happening. China on the other hand has increasingly been gaining more influence throughout the world. It also has a long history of some of the worlds longest lasting empires with vast experiences of diplomacy. Perhaps China may be of help to move one important step ahead.
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prime minister. During his visit to India in January 2009, Miliband said that a resolution of the dispute over Kashmir would help deny extremists in the region one of their main calls to arm, and allow Pakistani authorities to focus more effectively on tackling the threat on their western borders. His comments angered the Indian authorities that are not interested in foreign intervention, including that of the UN, in the Kashmir dispute. The origins of the Kashmir dispute date back to the partition of the British Raj in 1947. Based on the partition plan and the Two Nation Theory, the princely state of Jammu and Kashmir with a predominately Muslim population was widely expected to accede to Pakistan. The Hindu Maharaja of Kashmir, however, signed a controversial treaty of accession with India which led to war in October 1947. The two countries fought three more wars over Kashmir in 1965, 1971 and the 1999 Kargil conflict. China also lays claims on a part of Kashmir and went to war with India over the disputed region in 1962. More than 60 years later, the conflict between the two nuclear giants over Kashmir has led to serious repercussions and complex security conditions in South Asia. Pakistan, on the other hand, has been a state directly affected since the war on terror first began in October 2001. The US and its NATO allies have not succeeded in winning over the hearts and minds of the Afghan people. The growing instability in Afghanistan has caused a spillover effect into Pakistan where the Pakistani Taliban has been waging a war against its own people. One
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hundred and fifty thousand Pakistani troops have now been stationed along the Afghan border. Over the past eight years, Pakistan has suffered severe economic losses, high inflation, a large number of civilian casualties and internally displaced people, and has lost more troops than the US and NATO forces combined in Afghanistan. Pakistan says, moreover, that their sacrifices have not been recognized by the world at large and that it continues to receive pressure from the international community to do more. Going back to the Kashmir dispute, David Cameron is not the only one who underestimates the magnitude of this dispute and who may believe that Indias commercial interests are of more significance than a resolution of Kashmir. The security conditions in Kashmir have recently begun to spiral out of control after a 17-year-old student was killed by Indian security forces earlier in June. Dozens more have been killed by Indian forces over the past two months. The media has given wide coverage to the ongoing human rights violations, but the Indian government has not done enough to safeguard the dignity of life and property of the Kashmiris. Angry protesters have continued to demonstrate and even women have taken to the streets. In protest they have chanted anti-Indian and pro-freedom slogans to express their anger and frustrations against Indian occupation and over the killings of young innocent Kashmiris.
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In a recent statement, UN Secretary General Ban Ki-moon expressed concern over the prevailing security situation in Indian Kashmir. In the worlds largest democracy resides the worlds heaviest militarized region, and 700,000 Indian security forces are keeping a population of seven million Kashmiris under tight control. On the pretext of fighting militancy in Kashmir, tens of thousands of innocent Kashmiris have been killed by the Indian army since 1989. Arbitrary arrests, torture and disappearances have deeply frustrated the Kashmiri people who are living under the shadow of guns. International media and organizations like Amnesty International and Human Rights Watch have limited access to the disputed region of Jammu and Kashmir. If the world truly wishes to see stability returning to the South Asian subcontinent, a solution to Kashmir is essential to complicate the security conditions even further and to deny religious extremist gaining further ground in South Asia and beyond. World powers such as the US will have to decide whether to protect human rights or whether they give priority to their commercial interests, the latter of which may not be able to ensure a safe and just world.
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References
Kashmir, a disputed legacy 184-1900, Alastair Lamb Interview with the President of Azad Kashmir. October 2009 3 Alastair Lamb. Incomplete Partition ISBN 019579767 1 4 In search of a future, the story of Kashmir. David Devadas 5 Danger in Kashmir. Josef Korbel ISBN 019579781 7 6 In search of a future, the story of Kashmir, David Devadas 7 Kashmir, a disputed legacy 1846-1900, Alastair Lamb 8 Danger is Kashmir. Josef Korbel ISBN 019579781 7 9 Ibid 10 Ibid 11 Ibid 12 Official website of the State of Azad Jammu and Kashmir 13 UNICEF website, Pakistan 14 Official website of the State of Jammu and Kashmir 15 Ibid 16 Interview in Muzaffarabad. Manak Payan refugee camp. October 2009 17 The New York Times February 6, 2007. Indian Army and Police Tied to Kashmir Killings. 18 Human Rights Watch August 12, 2008. India: Order Kashmir Forces to Use Restraint 19 The Guardian, August 13, 2008. Indian Security Forces shoot dead Kashmir demonstrators as thousands defy curfew 20 International Herald Tribune September 11, 2007. Violent protests in Indian Kashmir over army killing 21 Interview with Kashmiri businessman 22 Source: Indian/Pakistani Government Censuses 23 Ibid 24 International Herald Tribune. December 25, 2008. Voting ends in Kashmir amid heavy security. 25 Ibid 26 Victoria Schofield. Kashmir in Conflict. I.B. Taurus. ISBN 1860648983 27 Ibid 28 United Nations Security Council Resolution January 17, 1948
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http://daccessdds.un.org/doc/RESOLUTION/GEN/NR0/047/63/ IMG/NR004763.pdf?OpenElement 29 United Nations Security Council Resolution January 20, 1948 http://daccessdds.un.org/doc/RESOLUTION/GEN/NR0/047/64/ IMG/NR004764.pdf?OpenElement 30 United Nations Security Council Resolution April 21, 1948 http://daccessdds.un.org/doc/RESOLUTION/GEN/NR0/047/72/ IMG/NR004772.pdf?OpenElement 31 Ibid 32 Ibid 33 Ibid 34 Ibid 35 Ibid 36 Ibid 37 Ibid 38 United Nations Security Council Resolution of March 30, 1951 http://daccessdds.un.org/doc/RESOLUTION/GEN/NR0/072/10/ IMG/NR007210.pdf?OpenElement 39 United Nations Security Council Resolution of December 2, 1957 http://daccessdds.un.org/doc/RESOLUTION/GEN/NR0/131/33/ IMG/NR013133.pdf?OpenElement 40 Does America Need a Foreign Policy, Henry Kissinger ISBN 068485567-4 41 The Guardian UK. December 13, 2008. Arundhati Roy; The Monster in the Mirror 42 US State Department, Terrorist Groups. Foreign Terrorist Organizations 43 Ibid 44 US State Department, Terrorist Groups. Foreign Terrorist Organizations 45 Ibid
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After the partition of India under the British Empire in 1947, Pakistan and India became two independent nations. The treaty of partition was based on the Two Nation Theory which clearly stated that all parts of India with a Muslim majority would become part of Pakistan and those with a Hindu majority would become part of Hindustan, todays India. The majority Muslim population of the Princely State of Jammu and Kashmir was ruled by Maharaja Hari Singh who instead of joining Pakistan signed a controversial treaty of accession with India. Consequently war between India and Pakistan broke out in October 1947. More than sixty years later the Kashmir dispute has further endangered regional peace and security. If no immediate action is taken to move towards a settlement of the Kashmir dispute, the conflict may ultimately have dire repercussions for international peace.