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Long
haul to peace
Let’s
go back to the future in Kashmir
KULDIP NAYAR
PERVEZ
MUSHARRAF can pat himself on the back because he has retrieved
Kashmir from the backburner. He can also take credit for refocusing
the international community’s attention on the problem which,
in his own words, is ‘‘simmering disconcertingly’’. In the
process he has got global prominence he would not have had
as a military ruler. In his own country, he is getting recognition
as democracy to most Pakistanis is only a means to an end.
And the end is India’s acceptance of Pakistan’s prowess and
viability.
This
consideration may have weighed with President Musharraf when
he changed his nation’s agenda from what type of government
it should have to how high it was status-wise, vis-a-vis India.
Fifty years of distance and discord with India have made the
Pakistanis accept anything but a lesser stature, definitely
not New Delhi’s impetuosity. Kashmir has come to epitomise
Pakistan’s stern attitude towards India, at least among the
Punjabis who are in a majority in Pakistan.
When
it is reported that the talks at the Agra summit have been
‘‘positive and constructive’’, it means that Prime Minister
Atal Bihari Vajpayee has been trying to find a way to assure
Musharraf that Pakistan’s sensitivity on Kashmir can be accommodated
within a framework which New Delhi will build to give maximum
autonomy to the state. Musharraf on his part has been making
sure that India’s fears on cross-border terrorism will be
set right. A mechanism of sorts for further dialogue and possible
adjustments seems to be taking shape. This is confirmed by
Vajpayee’s acceptance of the invitation to visit Islamabad.
So the dialogue continues and Kashmir and cross-border terrorism
remain on the agenda.
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Were
New Delhi to give Pakistan the Valley or accept it as
an independent state, it would do so on the basis of
the population’s complexion
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It
was not surprising to find Musharraf making his first statement
on Indian soil on Kashmir during his meeting with intellectuals
in Delhi on the eve of the summit. He said the Line of Control
was not acceptable and if any Pakistani leader agreed to it,
he could not return to his country. One could visualise a
favourable response to his statement in Pakistan, particularly
from the fundamentalist groups that have been wedded to politics
since Zia-ul Haq’s days. But Musharraf should have also realised
that no government in India could stay in office if it agreed
to change the LoC in any substantial way. Indeed, such solutions
are harder to sell by a democratically leader than a military
one not dependent on voters.
Had
Jammu and Kashmir gone to Pakistan at the time of Partition,
it would have evoked a bit of disappointment, nothing more.
People would have taken the state’s integration with Pakistan
in their stride. But after 54 years, how does India change
its borders — and Constitution — without causing great harm
to its polity? This might reopen certain issues which India
has more or less settled after a long period of blood and
sacrifice. Any change in the LoC means a territorial adjustment
in J&K. The composition of the state is such that it has
three regions: Muslim-majority Valley, Hindu-majority Jammu
and Buddhist-majority Ladakh. Pakistan wants the Valley and
has all along blessed the All Party Hurriyat Conference that
claims to represent it.
Were
New Delhi to give Pakistan the Valley or accept it as an independent
state, it would do so on the basis of the population’s complexion.
It would be inferred that the Muslim majority area did not
want to stay with India. The Hindutva forces would probably
be praying for such a solution. It would help them polarise
the country on the basis of religion: Hindus and Muslims.
Such an eventuality may give them a majority in the Lok Sabha,
otherwise an impossibility. Imagine the effect of such a solution
on the Muslims who carry even today the cross of Partition.
And what happens to the nation’s secular ethos without which
even democracy becomes a question mark?
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The
right of self-determination, or any such demand, is
aimed at transferring power to the people of Jammu and
Kashmir, not redrawing the boundaries
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Against
54 years of Kashmir’s integration with India, the insurgency
is only 12 years old. Even Hurriyat leaders like Yasin Malik
have said they took to arms in 1989 when they found that people
could not get power through the ballot. The crux of the problem
is popular rule, not the LoC. Islamabad trained and armed
the Kashmiris who went across the border. Now the gameplan
is different because Afghans, Sudanese and other foreigners
have joined them to change what was a liberation struggle
into a jehad. Islamabad is offering them all assistance and
has set up camps for them, believing that one day Kashmir
will fall in its lap. It is clear that without Islamabad’s
sustenance, the uprising cannot go on. I do not condone the
atrocities and human rights violations that take place in
the Valley because of suppression. Some of us have written
about them and Pakistan has extensively quoted from our reports
at international fora to the embarrassment of India. The excesses
have, indeed, drawn the world’s attention to Kashmir and India
will have to live down the battered image it has got in the
process.
But
the real question is that of governance, not borders. For
this purpose, there should be fresh elections in J&K under
the supervision of human rights activists from India, a suggestion
made by Shabir Shah, a popular Kashmiri youth leader. New
Delhi, in turn, should transfer to the states all subjects,
except defence and foreign affairs. (New Delhi’s 1951-52 agreement
with Sheikh Abdullah gave India these two subjects and communications.)
Borders between Kashmir on both sides should be made soft,
depending how soon militancy from across Pakistan ceases.
The new government in Srinagar can have its own flag, currency,
seek foreign aid and receive tourists from abroad. To help
the people of Kashmir on both sides to participate in matters
of defence and foreign affairs, elected Lok Sabha members
from J&K should have the right to sit in Pakistan’s National
Assembly and those from Pak-Occupied Kashmir in Lok Sabha.
But the sovereignty of this part of J&K will vest with
India while of the other part with Pakistan.
The
right of self-determination, or any such demand, is aimed
at transferring power to the people of J&K, not redrawing
the boundaries. How will a change in the LoC make any difference
if people are not given real power? Musharraf should be considering
these alternatives that meet the aspirations of the people
and not the ones which may tear apart India’s fabric by religious
or separatist forces.
While
mentioning Kashmir, Musharraf talked of symmetry. What he
actually conveyed was that progress in other fields would
depend on the advance made on Kashmir. Both fields have to
have the same pace. The symmetry logic is strange. Suppose
we can make progress on one subject, must we stop because
Kashmir is not being solved? This amounts to giving veto to
those who will be sorting out Kashmir. Whatever is agreed
upon should be implemented first so that enough goodwill is
generated to solve Kashmir. Otherwise, we will get stuck unnecessarily.
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