Kashmir: consensus proposal?

Kashmir: consensus proposal?

written by Shams Rehman

While the process of exploring various “solutions” to Kashmir Issue was initiated soon after the birth of Kashmir “problem” out of the barrels of the Indian and Pakistani guns in October 1947, till recently the process was confined to a bilateral Indian and Pakistan official framework or to the UN and US circles.

Over the past few decades, especially after the explosion of a massive uprising in the Indian occupied Kashmir following the rigged elections of 1987, the process seems to have expanded and proposals are being mushroomed from a wide range of individuals and agencies including Yousaf Bach a veteran Kashmiri from Valley settled in US after working with UN since the birth of Kashmir Problem; Bava Krishan Dev Setti from Jammu who fought hand in hand with other Kashmiris against maharaja system and migrated from Mirpur when Pakistani tribes and troops invaded the State. The Kashmiri organisations that proposed different solutions include National Conference, JKLF, Hurriyat, Peoples League, PDP, APNA (All Parties National Alliance), International Kashmir Alliance, Association of British Kashmiris, Balawirstan (Gilgit-Baltistan) Front etc. Some Western Think Tanks, BBC and South Asia based NGOs have also forwarded various proposals for peaceful resolution of the issue.

The proposals presented so far have some distinguishing features in terms of their implementation and outcome as some presume Autonomy, others the division on ethnic and/or communal lines and still others independence of the state. However, a close reading of all the suggestions seemingly challenges the general and wide spread perception that there is no common ground on which Kashmiris of diverse viewpoints and India and Pakistan can agree to find a mechanism of solving Kashmir question with a space and potential to be acceptable to all the contesting parties.

Drawing on various proposals this article tends to highlight the grounds for consensus and proposes a mechanism through which possibly a most inclusive, democratic, just and peaceful solution can be achieved for the issue of Kashmir that is used as one of the major excuses by the rulers of India-Pakistan and their subordinates in divided state of Kashmir for keeping people apart and building destructive war machines rather than houses, schools, hospitals, roads, factories, in short – lives.

Consensus indicators

1. Almost all proposals recognise the distinct identity and entity of the State of Jammu and Kashmir by accepting that the problem of Kashmir is a problem of the entire state and not of any particular region of Kashmir.

2. That the problem is to determine the future of this state which implies that the future is not determined as yet. Indian official position is that the entire state belongs to her while Pakistan claims it is hers and Kashmiris are generally divided between the accession to either India or Pakistan and independence.

3. There also seems a general agreement, at least, amongst Kashmiris that for any solution oriented exercise to be meaningful the involvement of Kashmiri peoples is indispensable.

3. Almost all external and internal proposals recognise the ethnic diversity of the State and suggest for the diversity to be incorporated in the processes to develop any mechanisms for a solution.

4. The view that Kashmir is primarily a political problem that has to be addressed through a political mechanism also seems shared by various forces involved in efforts to resolve the issue.

5. It is largely recognised in India, Pakistan and internationally that the movement in Kashmir Valley has not been instigated from outside. However, it is also widely perceived that foreign involvement had been there for various interests that not necessarily have been compatible with the interests of the peoples of the State.

6. It is well documented and acknowledged fact that the Human Rights are widely violated by the Indian armed forces in the Indian Administered Kashmir and that the first and foremost priority for engaging the peoples of Kashmir in any peace process is to end all human rights violations in the Indian Occupied Kashmir.

7. The fact that a large number of political activists and civilians are kept in Indian prisons without substantial grounds or in some cases without any charges is also acknowledged. Some who were charged and tried are kept in even after they have spent their tariffs .

8. Human Rights are also violated by some of the militant activities carried out by several groups fighting the Indian occupation.

9. Human Rights of the Kashmiris under Pakistani occupied Kashmir including Gilgit Baltistan are also not respected by the Pakistani governments in these parts of the State. Pro-independence politics is suppressed in AJK and Gilgit Baltistan. Open violation of State Subject, restrictions on the participation in politics and employment of pro-independence Kashmiris are also the other most identifiable and quantifiable examples.

10. There is also an expressed desire that peoples of Kashmir State must have right to free movement, socio-economic, cultural and political interaction and rights of free speech and association that have to be assured in all parts of the state.

11. At present the right of the peoples of the State to participate freely without any restrictions in the existing administrations in Gilgit, Muzaffarabad and Srinagar-Jammu is not fully recognised and respected.

12. The wishes repeatedly expressed by the people of Jammu and Ladakh for their regional assemblies similar to those in Valley, Azad Kashmir and Gilgit-Baltistan carry significant support amongst the Kashmiris across the division line as well as amongst Indians and Pakistanis.

13. It is also very obvious that none of the existing political parties, alliances or assemblies can claim as true representatives of the state in its entirety.

14. An estimated three million strong Kashmiri Diaspora in India, Pakistan, Middle East, Europe, Britain, USA and Canada has multiple links and attachments with, and stakes in, the affairs of their “homeland” and can play positive and constructive role in finding the solution as well as in the development of the State.

This list of course is not exhaustive and more possibilities for a broader consensus can be traced in the proposals. However, the most significant task facing the peoples of the divided State of Kashmir at present is whether a mechanism can be developed through which a wider consensus and state wide representation can be achieved? For India and Pakistan are internationally recognised states with relatively established systems of electing representative governments but no such system is currently available to the peoples of Kashmir for the entire state.

The State is currently divided, since 1947, into three administrative structures namely

a) Gilgit-Baltistan Council;

b) “Jammu and Kashmir” Assembly and

c) “Azad” Jammu and Kashmir Assembly. There is also ‘Hill Council’ in Ladakh. While these assemblies are elected with varying degrees of people participation, none of these is representative of the people who they claim to represent even in the modest sense. Similarly, while none of the dozens of political groups operating outside of the “official political institutions” of the State represents the entire state, they actually are not allowed to operate in the entire state.

Only those parties have access to mainstream politics and employment that have developed under, or are product of, the Indian and Pakistani States’ civil and military machineries operating in the State or those who accept the status quo and state’s accession to India / Pakistan on their respective side of the division line.

Suggestions to Resolve Kashmir question

Against this background some preliminary suggestions are outlined below for consideration of the people of Kashmir and beyond who are interested in and striving for enhancing peace, progress, development, justice, democracy and equality across the globe.

1. the first and foremost requirement for moving towards any meaningful solution to the problem, as suggested in several proposals, is to open the traditional travel routes between all regions of the divided state namely Gilgit, Hunza, Yasin,Baltistan, Ladakh, ‘Azad’ Kashmir, Jammu, and Kashmir Valley. In terms of travelling documents, the State Subject to be issued in a card form by the regional or district officers seems the best option available. Alternatively, the regional or district offices perhaps could be authorised to issue other agreed documents.

2. The next step should be the release of all political prisoners in all parts of the State.

3. India and Pakistan should mutually withdraw their armies away from the populated areas across the division line and in case of India from the towns and cities of the Indian occupied Kashmir (IOK) or as it is called by the Indian officials “The Jammu and Kashmir”.

4. All restrictions currently imposed on the freedom of press and association in the

Indian and Pakistani administered Kashmir, should be lifted at once followed by necessary constitutional amendments in all three existing political setups in Gilgit, Muzzafarabad and Srinagar-Jammu to make these assemblies fully inclusive and democratic by lifting restrictions on Pro independence parties.

5. Steps should be taken to recognise the demands by Jammu and Ladakhi people for regional assemblies.

6. All personnel deputed or appointed by the Indian and Pakistani governments (also commonly called lent officers) in Kashmiri administration should be replaced with locals.

7. All restrictions on Human Rights organisations and media should be lifted in all parts of the state.

8. Elections for local municipalities should be announced spontaneously across the state.

9. The local municipalities should carry out a comprehensive survey and analysis of local needs;

10. International observers and media should be requested to monitor the process of forthcoming election of regional and State assemblies.
11. Date for the elections of all regional assemblies should be announced simultaneously with inclusive right of all peoples of the State to participate in elections. The regional assemblies should have mandate for policies and strategies on regional affairs including local resources, development, trade and investment etc.

12. If any of the regional assemblies wish to join with neighbouring regional assembly of the state they should have right to do so.

13. After an agreed period an inclusive, democratic, fair and free elections should be held for the Interim Government for the entire state. In order to make this assembly to reflect the diversity of the state, representation should be allocated to all five regions according to the population of each region. One way of electing the representations from Kashmir diaspora in India and Pakistan and in USA, Europe, Britain and Middle East can be to allocate certain percentage of representation for diaspora according to their population.

14. All armies of India and Pakistan should be withdrawn from the territory of Kashmir State.

15. This interim government should be recognised by the international community including India, Pakistan and China as the representative government of the State with the mandate to represent Kashmiris in all negotiations regarding the future status of Kashmir.

16. After an agreed period all state subjects should be given an opportunity to decide the future status of the entire Kashmir state through a fair and free referendum.

While there is certainly a room for improvisation in the plan, it seemingly incorporates almost all of the proposals presented so far, internally and externally, to move forward towards a peaceful, democratic, just and inclusive mechanism of resolving Kashmir question. This proposal while does not rule out any outcome, it gives locally elected assemblies to all regions with the potential to stay beyond the final determination of the future status of the state whatever that might be.

The proposal primarily speaks to the interested individuals and groups in Kashmir – Valley, Ladakh, Jammu, “Azad” Kashmir and Gilgit-Baltistan and the diaspora. For after all it is the peoples of Kashmir who although form the primary party in Kashmir “dispute” are not represented in the ongoing process of negotiating Kashmir and are also deprived of any mechanism to elect the representative voice of Kashmir State. Critical feedback from wider viewers and readers would also be of great value for the proposal to be developed or improvised further. It is however clearly understood that without the support of peoples in and from all parts of the divided state of Kashmir this proposal is going to become just another addition in the growing long list of such documents.

About author: Originally from Mirpur (‘Azad’) Kashmir settled in UK since 1980s trying to actually write up PhD on ‘transnationalism from below and British Kashmiris’. Can be reached through email: shamakashmiri@yahoo.co.uk

Kashmiri capital Srinagar listed as dirty town: Indian survey

by Peerzada Arshad Hamid

SRINAGAR, India-controlled Kashmir, May 13 (Xinhua) -- Known as one of the most beautiful tourist resorts in the Himalayan region, India-controlled Kashmir is facing the risk of high pollution.

A survey by India's Urban Development Ministry has ranked Srinagar city, the summer capital of India-controlled Kashmir as the fourth dirtiest city among Indian cities.

The survey based on sanitation ratings, released Tuesday in New Delhi, said Srinagar figures in the "red zone" of pollution, as the city has scored a mere 19.1 on a scale of 100 in the National Rating and Award Scheme for Sanitationfor Indian Cities.
"The listing of Srinagar city as the fourth dirtiest city puts a question mark on the local government for its claims of spending money in sanitation and development sector. It should serve as an eye opener for our officials," said Burhan Majid, a lawyer at the City Court.

Srinagar is a picturesque city founded around the year 10 BC. It is an important tourist destination, for the city is famous for its lakes and gardens.

The city has a full-fledged Municipal Corporation that is entrusted with the job to keep city clean.


Of 423 cities ranked in the survey, Srinagar figures at 420 just above three lesser known cities -- Pilbit and Lakhanpur in Uttar Pradesh, and Churu in Rajasthan.

Environmentalists in the region for past two decades have been pointing to the poor sanitation and deterioration of water bodies in rinagar. However, their calls have long fallen on deaf ears.

Last year the region's High Court held the house-boats on the waters of Dal Lake responsible for polluting the lake.

It took cognizance of a report submitted by region's Pollution Control Board saying the open lavatories and refuse from kitchens of the house-boats are a major source of pollution in the lake.

Earlier, the board said water quality of the lake has deteriorated for the influx of pollutants in the lake is six to eight times more than the permissible limit.

At many places the drains carrying sewerage from the Srinagar habitations have been routed either to Dal Lake or to the river Jehlumthat passes through the city.

The latest sanitation survey categorized cities and towns on parameters like complete elimination of open defecation, elimination of open scavenging, safe collection and disposal of human excreta.

"Various expert agencies were involved to assess the status of sanitation on the spot in Class I cities. Data collected and assessment made by these agencies were further analyzed by technical experts and rating was done by awarding points for various parameters. On the basis of their performance, cities have been kept in four categories that are green, blue, black and red," a government statement said.


Ironically no Indian city could qualify in the green category while only four cities figured in blue category.

The Chandigarh city a Union Territory and capital of Punjab and Haryana sates was found to be the cleanest city in India.

Churu in Rajasthan was ranked the dirtiest. The rating according to a government statement have been listed to sensitize the administration and citizens of the cities about the current state of sanitation and to raise awareness regarding their improvement.

Kashmiri capital Srinagar listed as dirty town: Indian survey

All is not lost

Picture taken in Kashmir just after the 2005 eartquake when over 200,000 people died and entire generations were lost. the moon in the back ground and a hawk hovering over when u see the image, but the sadness on the childs face says it all...

JKLF-London meets with Prospective Parliamentary Candidate of labour party Gavin Shuker

Translated fro Urdu to English by Shabana Bashir

The meeting was headed by Professor Zafar Khan head of JKLF’s Diplomatic Committee

The panel of JKLF London had a formal meeting with Prospective Parliamentary Candidate of labour party Gavin Shuker which was headed by Professor Zafar Khan head of JKLF’s Diplomatic Committee and was attended by other senior members of JKLF including Raja Raouf Khan, Professor Muhammed Riaz, Haji Kaman Afsar, Syed Tehseen Gilani and others.

The panel updated Mr Shuker about latest issues in disputed kashmir and Prof Zafar Khan said that Britain and Labour party has to use their influence internationally in order to settle the issue of Kashmir by giving the Kashmiris their right of self-determination. He further said that it is Britain’s responsibility to sort this issue and hence suggested that Britain should take part in common wealth and pressurise India and Pakistan to give Kashmiris their birth right, right to self-determinate which is acceptable internationally. Mr Gavin Shker, reassured the panel that he will use his influence and raise the voice in British parliament to solve the issue of Kashmir peacefully and permanently.

JKLF-London meets with Prospective Parliamentary Candidate of labour party Gavin Shuker

Challenges, options and role of Kashmiri Diaspora

Challenges, options and role of Kashmiri Diaspora

Text of speech of Dr Shabir Choudhry in a seminar arranged by United Kashmir Peoples National Party in London on 25 April 2010.


Dr Shabir Choudhry is Director Diplomatic Committee of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir

Some previous speakers have said Pakistan is an advocate or wakeel of people of Jammu and Kashmir; and that Pakistan has suffered because of the support rendered to the people of Kashmir. They further said Pakistan has done many favours to people of Kashmir; and have kept the Kashmir dispute alive.

That is one way of looking at things, but there is, of course, an alternative view. I want to present that alternative view that people could understand facts about Pakistan’s support for Kashmir; and ‘favour’ Pakistan has done to people of Jammu and Kashmir.

Advocate or wakeel is always appointed or dismissed by a client. People of Jammu and Kashmir did not appoint Pakistan as their advocate, wakeel or representative. Pakistan is self appointed advocate and we have no faith in Pakistan’s sincerity or skills to promote our cause or protect our interests.

Furthermore, when the Kashmir dispute was taken to the UN Security Council by India it was registered there as the Kashmir Problem. It clearly indicated that the issue related to a separate territory other than India or Pakistan; and to the people of Jammu and Kashmir. First ‘favour’ the government of Pakistan did to the people of Jammu and Kashmir was to change that to India and Pakistan problem.

What this showed was that the problem was related to India and Pakistan and not to the people of Jammu and Kashmir. It also showed that Jammu and Kashmir was not a separate territory and people of that territory did not have separate identity and separate existence. It further showed that the dispute was a territorial one; and was not related to nation, its identity and future aspirations.

Let me now explain the second ‘favour’ the government of Pakistan did to the people of Jammu and Kashmir. The UNCIP Resolution of 13 August 1948 stated that ‘the future status of the State of Jammu and Kashmir shall be determined in accordance with the will of the people and to that end, upon acceptance of the Truce Agreement both Governments agree to enter into consultations with the Commission to determine fair and equitable conditions whereby such free expression will be assured.’

The phrase ‘future status’ could mean an accession to Pakistan, an accession to India or an independent Jammu and Kashmir; and when this was confirmed by the UN, it was the government of Pakistan which requested the UN Security Council to change this phrase and replace it with the following: ‘The question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite.’

So it was Pakistan and not India, which limited Kashmiri peoples right of self determination to right of accession.

This self appointed advocate or wakeel thinks we people of Jammu and Kashmir do not deserve to be an independent nation. They think we do not deserve to use right of self determination. They think we do not deserve to benefit from fruits of independence and democracy. It was because of this thinking they did us another ‘favour’, and limited our right of self determination to right of accession. However they have ‘kindly’ allowed us - people of Jammu and Kashmir to choose our masters in the form of either acceding to India or Pakistan.

We, people of Jammu and Kashmir, are urged to join Pakistan – a country which has no system of accountability, no transparency, no democracy, no political stability, no rule of law, no concept of civil liberties, no economic stability, no electricity, no gas, no place for merit or honesty and which is at war with itself. A country which is in chaos, where terrorists are calling shots, where communal rivalry and violence is promoted, where government has no control in some parts of the country; and where some parts want to break away from the federation and future looks bleak.

People say there is no comparison between two sides of Kashmir because India has more than half million troops there. I agree there is no comparison. It is true there are more than half million troops. It is also true human rights abuse take place there, but despite 21 years of militancy, destruction and instability that area is far ahead of Pakistani Administered Kashmir.

They have what we cannot even dream of on this side of the LOC. They have medical colleges, technical colleges, engineering colleges, free education, high literacy rate, freedom of speech, freedom of travel, freedom to protest etc. They have human rights abuses but they have a system of recording those abuses and highlighting them.

Don’t be under any illusion, human rights abuse also takes place on this side of the LOC, but we have no system of recording that; in fact, no one dares to speak against that because of the repercussions. Leaders on that side of the LOC shout against India and yet they travel to all parts of Jammu and Kashmir, visit Pakistani High Commission in New Delhi and eat chicken tikkas.

Whereas on this side of the LOC, Azad Kashmiri Prime Minister and President cannot even travel to Gilgit Baltistan, and area part of the State. Azad Kashmiri leaders and political activists cannot even think of going to the Indian High Commission in Islamabad. They are not even allowed to have peaceful demonstrations and prime examples are the demonstrations of Mirpur and Rawalakot, where people demonstrated against electric load shedding and problems associated with that.

More electricity is produced in Mirpur and other parts of Azad Kashmir than our requirement, and that electricity is used in Pakistan and we don’t get enough to meet our needs. People of Mirpur and Rawalakot were demanding electricity and an end to more than 14 hours a day load shedding. They were peaceful and they had no guns, and yet they were mercilessly beaten up and guns were used against them injuring scores of innocent people.

Just imagine if these people were trained by India, guns were provided by them and these guns were used against Pakistani army in Azad Kashmir, then you would know what human rights abuse is. Everyone knows it was Pakistan who trained militants, gave them guns, and asked them to use them against the Indian army. India reacted and committed human rights abuses, and now they have more than half million army there. No one can defend that. But ask yourself if they had half million army there before the start of the militancy. Answer is no. So those who started militancy, trained men, sent guns and bombs provided a reason for India to station this large army there.

Many more examples could be given to explain the situation regarding two parts of Kashmir, but due to time I cannot go in to details. But I have to tell you some more facts, bitter as they are. Those leaders and parties who preach you to liberate the Valley of Kashmir or Indian side of Jammu and Kashmir first are not sincere with the cause of Kashmir.

In disguise these people are promoting someone else’s agenda. Their aim is not to liberate Kashmir, but to promote interests of those who want to keep India engaged in Jammu and Kashmir. They want to give this impression that problem is only on the Indian side of the divide, and on the Pakistani side of the divide everything is rosy. That is not true. This part is also occupied, but people are hoodwinked in name of religion and brotherhood. We should learn how Pakistan has practically annexed our motherland - area of Gilgit Baltistan.

On this side of the LOC, we are occupied by Pakistan. Our resources are exploited by them. Our struggle is on this side of the divide. My struggle starts from Bhimber. It starts from Mirpur and Kotli and other parts of Pakistani Administered Kashmir. People of the Indian side of Kashmir are struggling for independence on that side of the divide and they are making big sacrifices. I feel their suffering. I admire their spirit and sacrifices. I fully support that struggle; and want to help and advance the cause of united and independent Jammu and Kashmir.

My words might appear harsh, and some might call this ‘anti Pakistan’. I am not anti Pakistan; in fact no Kashmiri is anti Pakistan. Examples I have given regarding Pakistani role are historical facts. I am not here to promote a Pakistani interest. My mission is to promote a Kashmiri interest and explain to people who have done what against us to harm us, and to enslave us. In discharging this duty if another country’s strategic or other interest are damaged it DOES NOT worry me. It DOES NOT worry me if people dislike or oppose me for promoting a Kashmiri interest.

In conclusion, we people are faced with challenges of extremism, violence and hatred. We are challenged by anti democratic anti liberal forces. We people of Jammu and Kashmir do not have many choices. We have only two choices: accept this intimidation and occupation and become collaborators, or stand up and oppose them. Come what may, we have decided to stand up and fight them back. END

JKLF in London CONDEMNED the Banishment of its leadership from Gilgit-Baltistan

JKLF in London CONDEMNED the Banishment of its leadership from Gilgit-Baltistan

Translated from Urdu to English by Shabana Bashir

JKLF London has condemned the exile of JKLF chairman Sardar Saghir Advocate, another political leader Sardar Raja Mazhar Iqbal and many others who were made exile from Gilgit on 28th Arpril. JKLF said that the exile of these leaders is part of Indo-Pak propaganda to divide kashmir into further parts. In a press release London, JKLF that historically, constitutionally and lawfully, the agreement of Karachi is clear evidence that Gilgit, Baltistan is a part of Jammu & Kashmir and if this was not the case, the Government of Pakistan did not need to make agreement with the free government of the region. It was further said in the press release, that if Pakistan wanted to give full right to Gilgit, Baltistan people, the simple resolution was to make Gilgit baltistan, a part of Azad Jammu and Kashmir where a combined Government could have been made which would have given more importance to the dispute of kashmir. On the other hand, it is also said that its clear now that Pakistan has same intrest in Kashmir as India and the both countries are equally responsible for the divide of Kashmir and that further attempts are being made to sub-divide Kashmir. J & K and Gilgit Baltistan, never accepted Karachi agreement and will never accept it in future too, said JKLF.


In a statement from London, JKLF said that the concept of Independent Kashmir is strengthening its roots amongst the people and youth of Gilgit Bltistan which has caused frustration amongst the conspirers. Recent successfull seminar organized by JKLF cleared the misunderstandings between Jammu & Kashmir people and Gilgit Baltistan people but it is not acceptable by the conspirers, therefore the exile of JKLF leadrs is a clear evidence that the conspiracy to further divide Jammu and Kashmir is on rise and the democratic govenrment of Gilgit Baltistan is just for name but has no democratic role in reality.

JKLF senior leaders strongly condemned Pakistan’s action to make Gilgit Baltistan a part of Pakistan and said that any part of Kashmir State (Ladakh, Gilgit, Baltistan, Jammu, Kashmir) is neither Jagular vein nor Integral part on any occupying country. Kashmir belongs to Kashmiris and any attempt by either country will be resisted by Kashmiri people.