Empowering Azad Kashmir - by Javaid Hayat

Nation-states are recognized by the international community as sovereign states as per the ‘Westphalian sovereignty’ concept. Notwithstanding, there are political entities on the world map, which are mostly driven by conflict or crisis and disputed or tangibly controlled by external powers. The Azad state of Jammu & Kashmir (AJK) is one of them. Defining AJK in a legal and constitutional context under United Nations Commission for India and Pakistan (UNCIP) resolutions on Kashmir and in international relations remain a dilemma. At the time of the formation of the Republic of Azad Kashmir on 24 October, which intended a transition from autocracy to democracy, the provisional government of Azad Kashmir made a declaration that “The new government represents the united will of Jammu and Kashmir State. The provisional government entertains sentiments of the utmost friendliness and goodwill towards its neighbouring dominions of India and Pakistan and hopes that both the dominions will sympathise with the people of Jammu and Kashmir in their efforts to exercise their birth right of political freedom. The provisional government is further anxious to safeguard the identity of Jammu and Kashmir as a political entity”.

In present context, it is difficult to define the status of the ‘Azad State of Jammu & Kashmir’. It is not a sovereign state as it looks from the outset as it has a president, a prime minister, flag and national anthem and Supreme Court that shows a symbolic statehood. Despite this, however, it lacks sovereignty and empirically possesses limited statehood. Sovereignty is generally defined as recognition of the claim by a state to exercise supreme authority over a clearly defined territory and declaration of recognition from the international community, which is not the case with this territory. However, it can be considered a non-recognized quasi-state, a sui generis, a territory with disputed and fragile statehood, a de facto and a splinted protectorate of two neighboring powers, a demarked entity with multi-ethnic, religious and political identities alongside the Line of Control (LoC). Azad state of Jammu & Kashmir is sharing sovereignty with nation-state of Pakistan but it is not constitutionally part of Pakistan. It is neither a province nor an agency of Pakistan but has a government of its own, even though it is protected, administratively controlled and economically dependent on Pakistan.

Talking about legitimate political and constitutional rights of the people of AJK is not a new phenomenon rather since for the several decades these issues were raised by the nationalist forces of AJK but it got momentum when a former prime minister of AJK Raja Farooq Haider, who belongs to the ideology of state accession with Pakistan, spoke up and demanded for redefining the political and constitutional relationship between Muzaffarabad and Islamabad. The political and constitutional relationship between the government of Azad Jammu and Kashmir and government of Pakistan is a complex rather ambiguous, power- sharing system based on Interim Act 1974. The political leadership of Azad Kashmir has a ‘history of surrender’ since the establishment of so called ‘Azad State of Jammu & Kashmir’ in 1947. Despite the independence declaration of October 24th 1947 through which a new ‘revolutionary’ government was formed and claimed to be legal heir or successor of dethroned Maharaja Hari Singh, it surrendered the sovereignty while signing the Karachi agreement in 1949. Critics says, the government announcements of the 24th of October 1947 (and the 4th of October prior to that) were error-prone by design, disruptive, non-consultative, opportunistic and took the Kashmiri nation away from a genuine transition from autocracy to democracy (Shakshi Raaj to Awaami Raaj).

The power-sharing mechanism between AJK and government of Pakistan was initially based on the Karachi agreement (1949) and currently under interim constitution Act 1974. A detailed study of this ambiguous relationship has clearly indicates a ‘systematic and organized hypocrisy’ as Kashmir council holds exclusive powers over the AJK government and AJK assembly. The Azad Kashmir assembly, which is an elected forum, is only responsible for dealing with day to day affairs in given legal setup. The aim of establishing of Kashmir council was building bridge between AJK and the federation of Pakistan to overcome legal ambiguity and smooth functioning of governance issues in the territory of Azad Kashmir. However, since its inception it has failed to perform for the purpose it was made for rather it become a source of contention between the parties. All powers and responsibilities that usually should lie with an elected government for economic prosperity, transparency and other inevitable challenges regarding governance are given to AJK council, which is by default headed by the prime minister of Pakistan, who is neither elected by the people of Azad Kashmir nor accountable to the any institution or judiciary of AJK.

The ‘carrot and stick’ policy adopted by the federation of Pakistan through the Kashmir council is not only creating resentment and sense of marginalization, but depriving the people of AJK their legitimate rights. In my personal encounters with many political leaders, civil society activists, legislatures, academics, bureaucrats and journalists most of them have acknowledged growing political resentment and sense of deprivation among the people of AJK. Moreover, many indicated that this is not only because of ongoing conflict of Kashmir since several decades but due to the lack of political will and vision of leadership of Azad Jammu & Kashmir. Despite of having reservations and fear, the overwhelming majority of political forces of AJK have agreed and admitted, if not publically but at personal level, the need to revisit and redefine the current imbalanced relationship under Act 1974 but question always arises who will tie the bell on cat’s neck? Besides many of nationalists parties, the outspoken Raja Farooq Haider and Sardar Khalid Ibrahim have always criticized negative and unnecessary role by the Center and Ministry of Kashmir Affairs and its associated agencies into making and breaking approach for having their own ‘friendly- driven puppets’ in order to run this territory of Azad Kashmir. During his nine month premiership Raja Farooq Haider had opened a Pandora box while addressing to media and public proceedings regarding the rights of the people of AJK particularly on ownership and royalty rights from Mangla dam and Nehlum Jehlum hydroelectric project.

Democratic norms and practices are pre-requisites for peace building and good governance. It is agreed by many scholars that participatory governance is required because traditional ‘representative’ democracy has failed to meet with emerging challenges of people’s participation into decision-making and accountability factor particularly in disputed territories and conflict zones. Given the current controlled democratic governance structure in Azad Kashmir under Act 1974, which tides hands of AJK assembly to exercise its limited powers, whereas the Kashmir council retains exclusive financial and legislative powers, seems impossible to form a participatory governance structure.

The role of civil society is always been crucial for strengthening democracy and empowering the governance for social development that unfortunately AJK has been lacking from many decades. However, some significant interventions have been made by the civil society that includes local media and civil society organizations of AJK. For example, a blogger, writer and civil society activist Tanveer Ahmed, who heads Kashmir civil society forum and Kashmir One Secretariat, have successfully conducted many advocacy sessions and raised awareness on citizen participation and good governance in AJK. A non-governmental forum called Center for Peace and Development Reforms (CPDR) has taken a lead and proposed an appraisal for political and constitutional empowerment of AJK and Gilgit Baltistan. A former Chief Justice Supreme Court of AJK Manzoor Hussain Gillani, who heads The Association for the Rights of People of Jammu and Kashmir (ARJK), has been vocal for streamlining the current confused relationship of Azad Kashmir with government of Pakistan. In his views, all subjects and powers, which parliament of Pakistan delegated to the provinces after 18th and 19th amendments, those all need to be given to AJK assembly and AJK government by amending the Constitution of Pakistan. He argue that this must not negatively affect the Pakistan’s stance on the Kashmir conflict and AJK must be treated like other provinces of Pakistan in terms of giving rights and voice into the decision-making forums of Pakistan but should not be declared as province. Many of political heads of AJK don’t share this view and criticize by arguing that such would be harmful for the Kashmir case at the international level. Nevertheless, the overwhelming majority of opinion leaders are in favor of restoring Act 1970, which provides quantum of autonomy with some necessary amendments, such as an interim arrangement until the final settlement of the Kashmir conflict.

It seems obvious that a new social and legal contract is required as the current political, administrative, and judicial structure in AJK based on interim Act 1974 is unworkable, non-progressive and non-accountable. The political forces of AJK should come up with solid and workable proposals for wide-reaching autonomy for AJK. They must understand that political and economic empowerment drives from constitution for which a political will and struggle is essential that unfortunately is lacking in current political leadership of Azad Kashmir. Moreover, the policy-making authorities sitting in Islamabad must realize that depriving the people of AJK from their legitimate rights and treating them as second class citizens, even though after 18th and 19th amendments in Pakistan, would fuel pubic sentiments for a violent struggle. The government of Pakistan must understand that rights of the people of AJK cannot be held hostage because of the Kashmir conflict at large. Given the conflict-centric approach and the Kashmir conflict, whose destiny yet to be decided; only a wide-reaching autonomy could help to address the legitimate rights of the people of this region and empower its governance structure.

About the Author:

The writer is currently a PhD candidate at Otto Suhr Institute of Political Science, Freie University, Berlin and Georg Zundel scholar at Berghof Conflict Research, an international think-tank based in Germany. He is originally from Rawalakot, Poonch and can be reached at jadee012@gmail.com

Understanding Politics in Azad Kashmir: The Role of Racial and Ethnic Identities

Race and Ethnicity are two interrelated but distinct aspects in our society. They both apply in Azad Jammu Kashmir (AJK) Civil Society at different levels and have significant importance and impact in the way our civil society engage in the current political debates and actions.

"The term race refers to groups of people who have differences and similarities in biological traits deemed by society to be socially significant, meaning that people treat other people differently because of them."

In AJK we have subtle social relationships and norms with regards to racial groups e.g. Sudhan, Jat, Rajputs, Gujjars, Syeds etc. These norms predominantly have influence on matters related to family relationships and community cohesion issues. Also our racial identities are well defined and recorded in the revenue record system as well as criminal justice record keeping systems. These racial identities are generally accepted classifications of our heterogeneous society and arguably to some extent are manifestation of racism and discrimination in our society. I would argue that our racial identities are not dominant factor in the political discourse as a whole within civil society across AJK. One may find some element of racial, caste or tribal factors influencing political affiliations and alliances in some constituencies but over all political party allegiance and alliances within large political parties play critical role.

"Ethnicity refers to shared cultural practices, perspectives, and distinctions that set apart one group of people from another. That is, ethnicity is a shared cultural heritage. The most common characteristics distinguishing various ethnic groups are ancestry, a sense of history, language, religion, and forms of dress. Ethnic differences are not inherited; they are learned."

In AJK, ethnic divide is arguably based on our Districts and Divisions. For example on the basis of districts Sudhnuti v Poonch, Bagh v Havaili, Mirpur v Kotli, Bhimber v Mirpur, Muzaffarabad v Hattian or Neelum v Muzaffarabd. I would argue that political allegiances have far stronger influence on the basis of districts rather than racial identities where sharing resources or political positions of power matters. Similarly the trend can be identified between divisions: Poonch Division v Muzaffarabad Division; Mirpur Division v Muzaffarabad Division and also on other alternatives groupings such as AJK people v Refugees and internally displaced people ( IDPs) from Indian administered Jammu and Kashmir v Refugees settled in Pakistan. There is another emerging trend in the political discourse with regards to Kashmiri Diaspora role and influence in AJK power politics. This trend needs further exploration. The capacity of Kashmiri Diaspora in influencing change within AJK is not fully appreciated. One can see some unease emerging within AJK political circles in recent past especially on locally established power structures with regards to participation and influence of Diaspora community members.

There is a need to explore further on the role of diverse aspects of Racial and Ethnic identities in our political power sharing systems at all levels, in the civil society within AJK. At this moment in time in my view political power sharing within AJK is more dependent on our Divisional Ethnic Identities rather than Racial Group (Biradaris/Tribes) identities. I hope other researchers and commentators will discuss and debate further to help in exploring further on this topic.

About the Author: Sardar Aftab Khan, Executive Director, Kashmir Development Foundation (KDF) can be contacted via E-mail: kdfajk@yahoo.com

Unlocking The Potential of Kashmiri Diaspora in the 'Big' Society for Development and Just Peace

Kashmir Issue: Historical Wounds Healing and Reconciliation is Possible - By Sardar Aftab Khan

Jammu Kashmir! Heaven on earth in the folds of great Himalayas exist as a distinct political and geographical entity from before B.C with varying borders and sovereignty. This beautiful country has always been a peaceful and picturesque destination for those who want to rediscover their souls, comfort and peace of mind.

For the last half a century the people of Jammu Kashmir have been suffering from enormous economic hardships, conflict, turmoil and uncertainty about their future.The rapidly changing geopolitical situation of the world has had a dramatic impact on the Kashmiri’s genuine people resistance movement for peace, security, stability, honour and independence. There is a lot of confusion in the western world about whether the movement is a freedom struggle, a cross-border incursion or terrorism.

As after 9/11 everything has changed and the meaning of many words has tried to be re-written. We know that there are many stakeholders in Jammu Kashmir and many more are interested in profiting from the conflict. There are many proposals, formulas and road maps for a solution to this conflict from outside but very few or hardly any form with in Jammu Kashmir.
Jammu Kashmir is currently divided in three different administrative units, i.e. Indian held Kashmir (IHJK), Semi autonomous Azad Kashmir (AJK), and Pakistan held part of Kashmir (Gilgit Baltistan). The people of these parts are also put under three different sets of governance control. They do not have the freedom of speech and movement among different parts of Jammu Kashmir. They cannot freely interact with each other to discuss their political future and evolve a unified political agenda and leadership.

Some historical wounds and some misconceptions have disturbed the socio-ethnic and multi-religious co-existence in Jammu Kashmir, and add to the complexity of Kashmir issue.
There is a serious need for a process of healing and reconciliation among people of all faiths and political viewpoint in Jammu Kashmir.

To start with Kashmiri should have to overcome the dilemma of misconceptions about their historical wounds such as Amritsar Treaty, two-nation theory, the end of sovereignty of Jammu Kashmir on October 27, 1947, January 05, 1949 U.N resolution which has limited the right of self-determination of the Kashmiris, Tashkent and Simla agreements, Lahore and Islamabad declaration of January 06, 2004.

Jammu Kashmir with its current geographical boundaries and a total area of 2, 22,336 Square Kilometre with a population over 12.5 million came into being as an autonomous state on March 16, 1846 by virtue of the Treaty of Amritsar between Maharaja Gulab Sing and Mr. Frederick Currie, Esq., acting under order of Rt. Hon. Sir Henry Harding Governor General of the Possessions of East India Company. This autonomous status changed to that of a sovereign state on august 13, 1947 when British rule ended in south Asia.

Alas! This sovereignty and independence were soon lost when Pakistani tribesmen entered into the state and Indian armed forces invaded Jammu Kashmir and at the same time Pakistan armed forces also got there and both the armies clashed to occupy the whole state. In 1948-49 United Nations mediated a ceasefire and resolved to arrange a plebiscite to determine the future status of Jammu Kashmir according to the wishes of the people of the state. However, both India and Pakistan refused to withdraw their armed forces and did not fulfill their obligation to hold a free plebiscite under the auspices of U.N.

This status quo continues till today and the tottering fabric of human civilization in South Asia is still struggling for its sustenance. Pakistan and India both have adopted positional bargaining tactics to resolve this issue during their negotiations, which is the root cause of unresolved issue of Jammu Kashmir. Only principled negotiations can bring lasting peace in South Asia and Right of Self determination to the people of Jammu Kashmir.

To be part of "principled negotiations" the people of Jammu Kashmir need a process of healing and reconciliation among Muslims, Hindu Dogras, Pundits, Sikhs, Buddhists and Christians. This can be done by properly identifying and eliminating the misconceptions about historical wounds, accepting responsibility of all the misdeeds that different ethnic and religious groups had done to each other and rendering a proper apology for them. There must be a commitment from all sides not to repeat the bloody chapter of violence against each other in future.

One of the biggest historical wounds of Kashmiri nation is the myth "Amritsar Treaty was a sale deed of Kashmiri Nation". This misconception has been the main source of mistrust among Muslims and non-Muslims in Jammu Kashmir. The reality is that Maharaja Gulab Sing being son of soil had paid the ransom money to East India Company in 1846 and regained autonomy and statehood for the people of Jammu Kashmir. His misdeeds and those by his successors towards their people are another chapter and should be analyzed separately.

To start a process of healing and reconciliation among people of all faiths and religions in Jammu Kashmir I would suggest that Dr. Karan Sing being legal heir to throne of last ruler of Jammu Kashmir should extend an apology for all the misdeeds his ancestors had done to the people of Jammu & Kashmir, particularly the Muslims during their time of rule. Similarly, Mirwaz Umer Farooq being religious leader of the Muslims and Sardar Abdul Qayyum being the one of the main living leader of people resistance movement in 1947 should apologize for all the misdeeds which Muslim had done to non-Muslims during 1947-49 in Azad Jammu Kashmir and Gilgit Baltistan and also during last 16 years in Indian held Jammu Kashmir.

I hope by these gestures for social justice and commitment for non-violence against each other in people resistance movement for independence of our motherland we can restore the multi-ethnic and multi-religious social fabric of our tolerant harmonious society. This will help us to stand united under one flag, one leadership and one resolve for independence. We will soon join the community of nations as torchbearers for peace, love, and harmony. And once again our land, the paradise will welcome all those who love nature to soothe their souls in the folds of Himalayas.

About Author:
Sardar Aftab Khan, is a graduate engineer who is presently living in Rochdale, Greater Manchester, United Kingdom. Aftab speaks five languages and has undertaken reconciliation training at the International Centre for Religion and Diplomacy. He is the former chairman of the Kashmir Youth Movement, and has addressed conferences all over the world on the subject of preventing young people from getting involved in conflict situations. His interests are peace, environment and development.)
Sardar Aftab A. Khan can be contacted by E-mail at kdfajk (at)gmail.com
Note that this article was written in September 2004.

After The Earthquake Understanding Bagh Azad Jammu Kashmir by Sardar Aftab Khan

The impact of October the 8th 2005 earthquake on the life, livelihood and attitudes of the people living in the devastated areas of Azad Jammu Kashmir (AJK) is a subject of careful reading and needs a holistic approach for understanding.

In the last few months District and Tehsil Bagh in AJK has been projected in the media and in some reports as a trouble spot in terms of working conditions for national and international non-governmental organizations (INGOs). There are some demonstrations from local groups against the human resource recruitment policies and working style of NGO's especially alleged exploitation of female workers and gender discrimination.

In order to analyze the myths and reality on ground, we need to study the state of civil society in District and Tehsil Bagh before and after the earthquake. Before October the 8th there wasn't a considerable international NGO presence in this part of the world. Islamic Relief and Kashmir International Relief Fund
(KIRF) were the only two UK based NGOs working in a limited geographical area on a small scale.There were also a few religious charities working on their faith based extension strategy through charitable activities.

The state of civil society organizations in AJK for the last fifty seven years was not in a proactive stage and limited in the areas of operation by different Government laws. The controlled system of governance and prolonged conflict on the future status of Jammu Kashmir state has a considerable impact on pro people and pro development attitudes and policies in AJK. Ordinary people have been told and made to believe through conveyancing that any and every development activity in their vicinity or area be it a School, water supply
scheme, a road or dispensary is because of their vote and support to their Biradri (Clan) leader, a slogan or a particular group affiliation.

Participatory and community development approach and concepts have yet to take roots in AJK. Most of the local NGOs are charitable organizations having no long term development plans. Their capacity in terms of human and institutional resource is limited to date. The culture of favouritism on government level in
allocation of different development schemes and even in jobs makes an ordinary villager believe that the only way to have access to clean water, a road or school is in obeying and showing allegiance to prevailing pseudo system and rule of business.
International civil society organization, INGO's and foreign nationals were not encouraged on government level to directly participate or work with in AJK. The constitutional and territorial nature of the area was another obstacle for international insurance companies to provide insurance cover for foreign nationals to work in the area before the earthquake as well.

On October the 8th 2005 already weak and fragile physical infrastructure could not sustain the powerful jolt of earthquake and almost all the government buildings and infrastructure proved to be castle of sand. In AJK, total 7000 Sq. Km area, 1.8 million people and 977 villages were badly affected, 3,29,579 houses were damaged, 46,528 people died and 33489 were injured. This resulted in a serious loss of life and livelihood. The whole socio economic landscape was changed and similarly behaviour and social norms of
disaster-survivors were changed as well. This tragedy provided an opportunity for people all over the world to respond in whatever way they could to help their fellow human beings in Kashmir and Pakistan. The iron curtain was torn apart and people from more than 85 countries and hundreds of INGOs directly participated in rescue and relief operations in AJK without a single reported incident of any hate crime or any major disturbance during delivery of relief.
The scale of devastation and inaccessible terrain of AJK has never been a hurdle in the way of these noble human beings who came here to help the people of AJK. They have different nationalities and faiths but they have responded to the call of humanity and people of AJK will always remain grateful to these noble souls for their help in the most difficult times of their lives.

After one and a half year, let us analyze the factors which are now creating some misunderstanding among the NGO's staff and disaster survivors in Bagh.

Key Findings 

1. The people of Bagh are hardworking, hospitable, generous and entrepreneurial. They are culturally liberal and religiously sensitive. Pahari is the local language and majority of the people understand Urdu and a
considerable number of people can speak English. Because of the Kashmir conflict one can notice that people often talk about and take political events happening elsewhere in the world seriously. Whereas, the real issues directly related to their lives and livelihood are overlooked. That is why they cannot articulate and present their needs and issues in a tangible way and often people with vested interests influence their actions for lobbying their demands.

2. The lack of credible socio economic data and social mapping seriously hamper the ability of INGOs to get first hand and fair assessment of local trends and needs. The management and field staff of most of the INGOs is non local. As most of the INGOs and their international staff depend on the feedback and
interpretation of their non local staff and they are as foreign to local people and conditions as the international staff themselves so the miscommunication and misunderstanding between disaster survivors and humanitarian aid workers is obvious. The ever changing policies and procedures of ERRA is another factor
for aggravating the situation as well.

3. After living more than half a century in a close and controlled setup people are now seeing light at the end of the tunnel for an open society where they could be master of their own destiny. They can design and manage development projects themselves with direct assistance from NGOs. This new progressive making of civil society is a threat to the old guards of his master voice. That is why they are trying to roll back the INGOs from the area so that they can again influence the people of Bagh through development schemes and charity donations for their power game.

4. Closing down the UN affiliated agencies' activities and limiting INGOs' role in the 2nd phase of  reconstruction work in AJK will seriously hamper the early recovery and rebuilding of livelihoods in the affected areas.

The best way forward for all the stakeholders in this situation is in fully implementing the recommendations by ICRC, ECHO and DANIDA in their report titled " Key Factors for Developmental Relief" Annex III Principles and Response in International Humanitarian Assistance and Protection adopted in 26th International conference of the Red Cross and Red Crescent.

Recommendations 

1. The people of Bagh need assistance in rebuilding their life and livelihood with respect and dignity. They are ready to be part of developmental projects as active partners rather than helpless passive recipients of foreign aid.

2. The need assessment of Bagh area should be done through proper social mapping and real economic data collection. Any micro finance, grant or aid package on projected assumptions will be counter productive.

3. All the initiatives in livelihood sector should be in line with local production capacity. The use of modern technology with local research and development in village based training cum production centres with marketing backup will significantly contribute towards the growth of local economy.

4. National and international volunteer hosting in these training cum production centres and farms will help in transfer of knowledge and technology which will help in reducing the brain drain and migration from rural areas to urban areas.

5. Capacity building of local community organizations and Kashmir based NGO's in designing, project management and delivery of product and services will significantly contribute towards the development of an accountable, sustainable and open society in Azad Jammu Kashmir.

I would like to quote from ICRC recommendations here "we recommend that agencies seek to strengthen local capacities by employing local staff, purchasing local materials and trading with local companies. Where possible agencies should work through local humanitarian organizations or partners in planning,  implementation and cooperate with local government structures".

*(Sardar Aftab A. Khan Chief Executive Kashmir Development Foundation (KDF)

E-mail: kdfajk@yahoo.com Web: www.kdfajk.org)

Dated: 10^th May 2007

The Kashmir Issue Myths and Reality by Sardar Aftab Khan

The world since September 11th 2001 is a world no different to that before in most areas. The conflicts continue; double standards, lies, myths, and ignorance still prevail. India and Pakistan still squabble over the territory of Jammu Kashmir. The sale of arms to both countries takes precedent over another consideration, including the millions of lives currently at stake. India and Pakistan are using threat of a first ever-nuclear war in the history of mankind as a smoke screen to avoid settling the Kashmir issue. However the one thing that has and will continue to change is the power of the people. The Kashmiri people will, one day, find themselves powerful enough to decide on their destiny, their future, for themselves and their children.

The conscientious people of the world are realising that they can make a difference.

They understand that the rulers of India and Pakistan should not be allowed to use their plagued and complex socio-economic and political problems with in their countries as an excuse not to accept the unconditional right of self-determination of the people of Jammu Kashmir.

Still most of the people do not know; what is the reality of Jammu and Kashmir issue? Its history and background. It is very important to set the record straight and for the whole world to know what the people of Jammu Kashmir want.

History

The State of Jammu Kashmir exists as a distinct political and geographical entity from before B.C with varying borders and sovereignty. The total area of Jammu Kashmir is 2, 22,336 Sq.Km and a population of over 13.5 million. It existed as an autonomous state from 16 March 1846 by virtue of a special Treaty of Amritser between British rulers of Indian subcontinent and Maharaja (ruler) of Jammu Kashmir till 13 August1947 when it became a sovereign state. This sovereignty and independence was soon lost when the Indian armed forces invaded the state on 27 October 1947. At the same time Pakistani armed forces also entered into the state and both armies clashed in Jammu Kashmir to occupy the whole State. In 1948-49 United Nations mediated a cease-fire and resolved to arrange a plebiscite to determine the future status of Jammu Kashmir according to the wishes of the people of Jammu Kashmir. However, India and Pakistan both refused to withdraw their armed forces from Jammu Kashmir and hold a free plebiscite to recognise the right of Kashmiri people to self-determination.

Indian claims about Kashmir

1.            The State of Jammu Kashmir is an integral part of India on the basis of it being always a part of the former and the execution of the Instrument of Accession by Maharaja on 26 October 1947.

2.            The legislative assembly of the State later ratified this accession.

3.            Subsequent elections in the state under Indian Constitution put seal of approval of accession by the general masses.

4.            UN Resolutions became obsolete as:

a) Pakistan refused to withdraw its forces from The State.

b) Simla Agreement taking precedence made them superfluous.

1.            India cannot afford to accept the right of self-determination of Kashmiris. The fear that secession of the Jammu Kashmir would set off a chain reaction around India which may prompt other states to press for similar demands; thus triggering the process of disintegration of India. Separation of Kashmir from India would infuriate Hindu Masses in general and extremist in particular who, at best, would demand expulsion of all Muslims from India or, at worst, put their lives in jeopardy.

2.            India considers present people resistance movement in Jammu Kashmir as:

1.            Pakistan’s instigated and sponsored cross border terrorism against India

2.            Muslim fundamentalist and fanatic’s campaign against secular Indian state.

Pakistan’s claims about Kashmir

1.            Pakistan consider Kashmir its vital part for:

a) Its geographical alignment and strategic position.

b) Flow of waters in the rivers of Kashmir towards Pakistan.

c) Mutual cultural and religious background.

1.            She assumes that Kashmir should have become part of Pakistan on the basis of:

1.            Two-Nation theory of 1930 upon which British India divided in two states Pakistan and India in 1947.

2.            The Lahore (syn. Pakistan) resolution of March 23, 1940.

3.            The so-called supposed desire of Muslims of Jammu Kashmir to Join Pakistan.

2.            Pakistan does not accept the right to independence (The unconditional right of self-determination) of Kashmiris.

3.            Pakistan sees the solution of Kashmir issue by implementation of UN Resolutions, which restrict Kashmiris to accession to either India or Pakistan.

The fact of the matter is that both India and Pakistan historically, morally or by any other international standards have no logic or reasons to their respective claims.

Let us see what the people of Jammu Kashmir say:

About Indian Claims

1.            Jammu Kashmir has never been part of Indian dominion nor British India, which was divided in 1947, and two new UN member states India and Pakistan came into being.

The Maharaja (Ruler) of Kashmir was deposed and dethroned by Kashmiri popular rebellion and had fled from capital, therefore he lacked the authority to sign any instrument of accession on behalf of the nation. Also, India has failed to produce any so-called instrument of accession originally signed by Maharaja of Kashmir.

1.            The ratification of the so-called accession by an Indian selected and constituted legislative assembly in Kashmir was mere a drama and was duly rejected by UN Security Council Resolution No.91 (1951) Document No.S/2017/Rev.I Dated March 30, 1951 and Resolution No.122 (1957) adopted by U.N Security Council at its 765th Meeting on 24 Jan.1957.

2.            Elections in Indian occupied Kashmir have always been rigid and engineered in results, they cannot be equated with UN sponsored Plebiscite.

3.            Neither Kashmiris were afforded opportunity to present their case at UN Security Council nor this institution addressed the issue in its real context in the past, therefore, it is irrelevant whether the UN Resolutions on Kashmir are still applicable or not. Kashmiri have rejected all bilateral agreements (i.e. Tashkent, Simla etc.) between India and Pakistan about their future. Because they never been given the opportunity by these two oppressive nations to present their point of view. Subjugation of a nation cannot be justifies on any grounds nor the will of the people can be traded against the integrity of a oppressive occupying country e.g. Iraqi invasion of Kuwait, USSR invasion of Afghanistan, Indonesian occupation of East Timor and Serbian invasion of Kosovo etc.

4.            To contain Hindu fundamentalism, to protect Muslims, Christians and other religious and ethnic minorities from Hindu extremists is the responsibility of Indian Government. Their continued failure to do so has no logic that Kashmiri should not allowed to exercise their right to self-determination.

5.            The present people resistance movement in Indian occupied Jammu Kashmir is a legitimate, genuine freedom struggle against occupying forces just like Afghans people struggle against USSR and then Taliban. Kashmiris never accepted the Line of Control (LOC) as border just as Germans did not accept Berlin wall as their Boundary, so the issue of cross border terrorism has no relevance in Jammu Kashmir. Neither the Kashmiri freedom fighters are terrorist nor they crossing over any international border. The people of Jammu Kashmir have a proud and prosperous past and centuries of harmoniously shared experience between their multi ethnic, cultural and religious people. To call Kashmiri’s freedom struggle a Muslim fundamentalist and fanatic campaign of terrorism is just a mere propaganda to malign a genuine people resistance movement for their independence.

About Pakistan’s Claims

1.            Geographical alignment, strategic position or direction of flow of water in the rivers of a state does not take precedence over the independence of a nation. Historically Jammu Kashmir has been a sovereign and independent state over many centuries. There is no Historical background of Jammu Kashmir being part of Pakistan, as she did not exist before 1947.

2.            The territories of British Indian dominion (Raj), which were proposed to divide on the basis of Two Nation Theory, did not include Jammu Kashmir. Also The Lahore (Pakistan) Resolution of 23 March 1940 bears no reference to Jammu Kashmir.

3.            The Indian Independence Act of 1946 provides no clues to justify Pakistan’s claim on Jammu Kashmir. However, its clause 7, section B does confirm lapse of paramountacy on Princely Indian States, thereby rendering them technically and legally Independent.

4.            Majority of Kashmiri people does not accept conditional plebiscite for accession to either India or Pakistan.

In view of the above stated facts and taking full account of the wishes of the people of Jammu Kashmir. A land once called paradise in the folds of Himalayas. It is clear that this is not a territorial dispute between India and Pakistan but is a question of the Right of Self- determination of 12.5 million people of the state. India and Pakistan should withdraw their armed forces from Jammu Kashmir and all human rights violations at the hands of occupying force must end now. The freedom of speech and movement to all parts of the state should be allowed to the people so that they can freely interact with each other to discuss about their political future and re-unite with their loved ones. It is very important that the international community should initiate a process of lasting solution to the Kashmir dispute in accordance with the Charter of the United Nation; So that the people of Jammu Kashmir can live in peace and enjoy their rightful position within the community of nations in 21st century.

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About the Author: Sardar Aftab Khan

Aftab Khan, activist, engineer and mediator, began his career as youth and students activist in 1988. He is actively involved in world youth development issues, conflict management, reconciliation and peace building. He can be contacted by E. Mail: aftab787@yahoo.com

Note: This paper is based on basic research of Dr. Jameel Meer Founder member of Kashmir Freedom Movement (KFM).

Dated: 10 February 2001

Kashmir Peace Process A Challenge or An opportunity by Sardar Aftab Khan

Jammu Kashmir! A land of mystic Islamic Sufism, magical Buddhist heartland, healing place for troubled Hindu souls and picturesque destination for all those who want a real feeling of heavenly atmosphere on this earth. Is in search of peace for so long that many people have sacrificed their lives and many more are in struggle to have their cherished dream come true in reality as Freedom.

Freedom! From oppression, tyranny, poverty, hypocrisy, nepotism, religious hatred and violence.

The cycle of all these evils has never been a culture of this society of hospitable, caring and peace loving inhabitants of the land of Himalayas.

In last fifty-eight years lot has been said and very little has been done with regards to restoration of culture of peace and non-violence and development of civil society in Jammu Kashmir.

The limitations in political will of the democratic leaders of India and arrogant non-political approach of Pakistan’s military and civilian dictators over half a century made Jammu Kashmir a battlefield of their failed political wisdom.

At the dawn of 21^st century the rapidly changing political scenario of the world, economic and geopolitical needs and ever-growing middle class provided an opportunity to all pragmatic and progressive people within Indian and Pakistani establishment and civil society a re-count on their stated positions vis-à-vis their animosity and grudge discharge field Jammu Kashmir.

The confidence building measures between these two arch rival nuclear powers are gradually getting on track despite some odd bumpy events. Jammu Kashmir was considered, as a “core issue” but now it is one of the issues on agenda. So one can imagine the position of pendulum between India and Pakistan.

However, the road to peace leads through principled negotiations. This conflict can never be solved on the basis of positional bargaining. One must take into account that India and Pakistan have claims on Jammu Kashmir but the fact of the matter is that the people of the state have title on Jammu Kashmir. No one can trade, alter or share this inherited right to title from the people of the State. The win-win solution for both India and Pakistan is that they should accept the reality and get out of the state sooner rather than later.

Now let us analyse weather the political arena with in the State of Jammu Kashmir is in a position to coop with the challenges and opportunities they have in front of them or not.

The ever divided, square minded and pampered political elite of Kashmir has once again remained in their utopian dome and did not move an inch in any positive direction. It seems to-date that they are so much used to Indian and Pakistani crunches that they cannot imagine they can stand on their feet. Some recent peace and confidence building measures (CBM), especially Sirinagar- Muzaffarabad bus service shows clearly that the ordinary people of Jammu Kashmir are far more mature than these positional bargaining goalkeepers.

The political evolution along with people resistance movement since 1988 through its natural course of action has reached at a point from where one can map the political landscape of Jammu Kashmir.

The three inhabited parts of the state are under three different sets of Governance and control i.e., Indian held Jammu Kashmir (IHK), Semi Autonomous Azad Jammu Kashmir and Pakistan held Gilgit Baltistan. They have five main political and economic zones (Jammu, Kashmir valley, Ladakh, Azad Jammu Kashmir and Gilgit Baltistan). These five have eleven sub-regional interest zones three in Jammu Province (1-Poonch, Rajori, Noshera and predominantly Pahari speaking areas 2- Jammu, Riasi, Udhampur, Kathuha and predominantly dogri speaking areas 3- Dodha, Badharwa and Kashmiri speaking areas) and two in Valley (1-Srinagar, Baramula, Anantnag 2- Rest of Valley considered by city elites as Pahari and Gujjars) two in Ladakh (1-Kargil 2- Ladakh) two in Azad Jammu Kashmir (1- Sudhanuti, Poonch, Bagh, Muzaffarabad and AthMuqam 2- Kotli, Mirpur and Bhimber) and three in Gilgit Baltistan ( 1-Diamer, Gilgit, 2-Ghizar, Hunza and Nagar 3- Sakardu and Gangche). Although the political under currents, moods and interests in terms of regional and sub-regional level looks different but as a whole when and wherever an opportunity arises these all people clearly seem united as a single nation. They need an opportunity to unite and speak and that is a challenge for International community and United Nation to provide them a space where they have full freedom of speech and Movement.

There are five major stakeholders in the peace and conflict puzzle of Jammu Kashmir.

1-Indian and Pakistani establishment

2-Middle class of subcontinent

3-Conflict profiteers with in India, Pakistan and Jammu Kashmir

4-Civil Society

5-International Community

By taking into account all the interests of these stakeholders let us hope for a model, which will lead the world being a Jammu Kashmir Peace Process Model in future.

The political landscape, challenges and opportunities within three parts are as under.

Indian Held Jammu Kashmir (IHJK)

The civil society with grief and pain is in struggle for peace and justice. There are some courageous sons of soil who still hold the banner high and are carrying the message of hope. Through their struggle now one can see that logic and reason once again gaining its hold on ground. This is a significant development in terms of healing and peace building. On the political front there seems no considerable development. Petty politics still holds upper hand and it is yet to be verified that all the positive political segments in the state got any stack in local bodies election or not.

If we analyse the IHJK on regional and sub regional basis it seems that Jammu region as a whole is still demanding its rightful visible political role in the general administrative set up and on negotiation table for the resolution of conflict. The Srinagar based Indian and Pakistani pampered political elite couldn’t see anything beyond Zugila Pass and Banihal Tunnel. It seems they feel that they or the only bargaining chip between India and Pakistan so they don’t bother about other political segments of the state. It is clear from the rank and files of their political party’s structures as well. The people in Leh and Kargil are equally ignored by Kashmir based and Jammu based political parties and groups and has their own grievances.

The urge and desire for a fair and just political system and state structure is very much there in all of these regions but the only thing lack is the coordination, space and opportunity for all the progressive, pro-people, pro democracy and peace people. The only way forward lies in healing of historical wounds, reconciliation and sharing of power and resources on equitable basis through democratic path and peace building. That is the task whosoever will make it his/her mission will be the leader and uniting force among the people of all regions, religions and faiths.

Azad Jammu Kashmir

Business as usual, systematic right abuse under cover of big brother’s artificial compassion and secret service agencies intimidation and control.

On the political front the mainstream political parties are in a marathon to secure patronage of ISI and blessings of Islamabad. Now a day some political orphans are trying to establish PML (Q) branch in AJK. They are sending the signals to conflict profiteers that they can serve them with less pay than others already in line. Some retired Generals are also trying to get hold in AJK politics through this exercise.

The only positive development during last five years is that the nationalist political parties growing up more maturely. One of them Kashmir Freedom Movement (KFM) took part in last general election and stood second in one constituency. This sets the wheel moving on the democratic path and through intense lobbying now a real possibility is arising that all the political parties weather they sign the certificate of allegiance to the accession to Pakistan clause in 1974 AJK Act or not, will be allowed to participate in next year general election. If this happens in next year’s general election in AJK than the democratic values and politics will become more rational and positive.

The current peace initiatives by and large welcomed in AJK. People are desperate to visit other side of the dividing line. The middle class and young entrepreneurs are very optimistic about the business and trade opportunities, education and tourism. As the small industries and trading canvas within AJK is very limited it is hoped that with open borders, free movement and trade; there will be a significant business development among all parts of the State especially in the field of handicraft, fruits and vegetables export and tourism. Majority of them Kashmiri Diaspora from AJK currently living in U.K (over half a million), U.S.A, Europe and to some extent in Middle East is in business and trade. Although their level of investment in AJK is mainly in non-productive property sector about an estimated one billion Dollars in AJK. They are fully linked through their family and financial links to AJK. If a peaceful business friendly environment is provided their investment in productive sectors will increase tremendously.

As for as political alignment and internal AJK politics is concerned after 1985 the political landscape within Azad Jammu Kashmir gradually become Bradari (tribal) base or regional based. There were two main factors to it. One is after the martyrdom of Maqbool Butt Shaheed on 11 Feb. 1984 the nationalist or pro-independence forces start gaining hold within AJK and number two, majority of AJK progressive political workers left the state in late 70’s and 80’s for better jobs to Middle East and Europe.

Because of this brain drain and vacuum due to absence of mature political workers and leadership. The establishment and secret service agencies got an open field to sow the seeds of Baradri (Tribal) politics to contain the nationalist pro-independence movement within AJK and to get its tight grip and hold in AJK. The opportunist political class under the tutelage of GOC Muree served well and numerous Tribal based political massacres happened in Kotli, Mirpur and Bhimber region. The victims still seek justice and politicians cash in on the name of ‘Baradri’. As majority people of these areas are financially better off and major contributors to independence Movement. Due to their strength, influence and position in U.K, USA and Europe; the secret service agencies with a carefully crafted network of Pakistani religious and political parties, divided them on ethno-religious bases.

 The identity less, politically emotional and mostly working class people of Kashmiri origin become major harvest for Pakistani political and religious grasshoppers in U.K and Europe. The progress and development of Azad Kashmiri Diaspora in modern societies remain slow and their resources being wasted in non-productive sectors.

 In Mirpur, Kotli and Bhimber region there is a race between different tribes and even within tribes who got the bigger Villa (Kothi) in the village or city no matter whether the owner or his/her children ever live in it or not. This showbiz created more room for Baradri politics profiteers to divide and cash in. This is the culture of politics currently going on in this region and the middle class and poor suffer more and more due to this artificial socio-economic superiority complex.

The situation in Suddhanuti, Poonch and Bagh is different. Here party politics has upper hand on Baradri (tribal) politics. Literacy rate is almost 80% among women and 75% among men. A large number of middle class people are working in Middle East, serving in Army and government departments or in Business. The nationalist pro-independence politics has a considerable hold but lack in coordinated leadership. The highly educated young generation in this region don’t have any entrepreneurial opportunities and because of very less governmental jobs availability due to quota system. Frustration, desperation and a broken hearted desire to escape to any other part of the world is the talk of every café, hotel or breathing place among youths. Each and every political party or group has its branch in this region so in terms of political ideas it is very fertile region.

Muzaffarabad and Atthmuqam region have its own brand and flavour of Baradri (Tribal) politics; it is different in substance from Mirpur-Kotli- Bhimber region but similar in nature. People are mostly in Government service or working class. The middle class does not have any considerable impact on politics in this region. Baradri (Tribal) politics essentially and party politics in general holds the ground.

3-Gilgit Baltistan:

The land of brave, honest, intellectual and peace loving people very poorly managed, under authoritarian rule of establishment is yarning for democratic, fair and transparent rule of law and justice. The secret service agencies controlled sectarian violence ignites anytime. Whenever the establishment feels that their control is being challenged and political rights movement is gaining ground they either kill a notable or a religious figure or crack down on political activities.

This cycle of systematic political suppression is going on over half a century and God knows for how long they continue to suffer because the main stream rights movement in other parts of Jammu Kashmir still seems not very keen to incorporate the rights movement of the people of Gilgit Baltistan within their ranks and files.

The only hope is lies with the peace and conflict resolution process. As these are the frontier boarders of the state and are directly linked through road with the world’s fastest growing economic empire China and the greatest business and economic development opportunities zone of Central Asia.

One can imagine the width and scope of economic cooperation and development through the trade route of Srinagar- Gilgit-Kashghar-Beijing or even via Tibet – Ladakh - Gilgit –Tashkent.

These centuries’ old trade routes brought prosperity, peace and joy for the people of Jammu Kashmir during times when there were no modern road links exits in this region. Now, with all the modern technologies, road links and ever-growing middle class the opportunities are so big that with a little self-confidence, progressive approach and forward think we can be the most prosperous nation in South Asia.

The internal political landscape of this region is quite unique and different from all other regions of the state.

As democratic process and normal political evolution has never been allowed by the establishment so there are many dimensions to political life in this area.

By having a long experience of campaigning, visiting and interaction with all segments of political, religious and civil society actors in the region I would say the people of this region suffer not only because of the authoritarian rule from Islamabad but also because of the negligence and apathy of political leadership of Azad Kashmir in particular and other parts of Jammu Kashmir in general.

The ethno-lingo-religious composition of the region is quite interesting as well. In Diamer, Gilgit and Ghizer region ‘shiin’ and ‘yashkun’ are two major ethnic strings, Shina and Browshuski are major languages and Sunni, Shia and Ismailis are major religious sects. On the subregional basis people have common interests and cultural affiliations like in the areas of Darail, Tangir, Chilas, Bonji, Astore, upto Devsai ridge. Gilgit is multi ethno-religious based; Nagar and Hunza uptill Khunjrab Pass and similarly in Ghizer district Gakoch, Punyal, Gupass and Yasin have similar regional interests.

In Baltistan region Sakardu, Shigar,Kharmong Rondu velly have similar Balti lingo and majority Shia religious affiliations and in Gangche District, Noorbakhshi religious majority has its own special cultural and religious heritage and social interests.

By taking all these socio-economic, religious, ethnic and regional ground realities and needs into account the civil society in Jammu Kashmir need a more caring and sharing social order. There is an urgent need to less talk and more work on actual grounds. Time and tide wait for none let us see who fulfils the need of hour.

Sardar Aftab A.Khan

Aftab Khan, activist, engineer and mediator, began his career as youth and students activist in 1988. He is actively involved in world youth development issues, conflict management, reconciliation and peace building. He can be contacted by E. Mail: aftab787@yahoo.com

Dated: 1^st May 2005