The Pakistan India Peoples' Forum for Peace and Democracy (PIPFPD) welcomes the invitation by government of India to General Pervez Musharaf, the Chief Executive of Pakistan, to visit India for unconditional Talks and urges both the leaders to show statesmanship and utilize this opportunity to resolve the long outstanding issues and conflicts which are bleeding our countries and impoverishing our people.
PIPFPD has for several years urged the governments of the two countries to hold such a dialogue, essential for reducing tensions between the two neighbors, along with strengthening democratic institutions in both the countries and creating the condition for talks on the substantive issues including Kashmir. However, we regret that this offer has been accompanied by formal resumption of combat offensive in Kashmir and an end to the so-called cease-fire, because the main victim of such offensives have been the non-combatant civilians.
We wish to reiterate that Kashmir is not merely a territorial dispute to be resolved between India and Pakistan but it concerns the lives and aspirations of people of Kashmir living on both sides of the LOC. Neither India nor Pakistan can represent the people of Kashmir. Therefore, it is our conviction that unless the principal party to the dispute are included in the dialogue, there can never be a just and democratic peace in the sub-continent.
I. A. Rehman, Chairperson - Pakistan Chapter
Admiral L. Ramdas, Chairperson - India Chapter
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A win, win, win solution of the issue of Kashmir is feasible - a win each for Pakistan and India and a win for the people of the former State of Jammu and Kashmir, hereinafter referred to as Kashmir. Each of the three can settle for more than what it has now in real terms.
Pakistan's position
The sole mention of Kashmir in the Constitution of Pakistan is: "when the people of the state of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and the State shall be determined in accordance with the wishes of the people of the State". Pakistan considers the entire territory of the former State of Jammu and Kashmir as an area under dispute. It does not recognise the Indian jurisdiction over any part of the former State.
However, Pakistan has taken the position that any solution of the dispute which is acceptable to the people of the former state is acceptable to Pakistan. It no longer insists on the enforcement of those parts of the resolutions of the United Nations which would have resulted in the entire state either acceding to Pakistan or India. General Pervez Musharraf has declared that neither the conversion of the Line of Control into an international border, nor independence for the state is acceptable to Pakistan.
Since Pakistan considers the former state of Jammu and Kashmir as a disputed territory, it does not claim sovereignty over any area of the state. The area, Pakistan calls Azad Kashmir has its own president, parliament, prime minister, supreme court, high court and other institutions. It has wide internal autonomy. On behalf of the government of Azad Kashmir, Islamabad is responsible for the defence, foreign affairs and immigration questions pertaining to the area.
In such a situation, if a solution can be found which gives Pakistan certain status in the territory now under India's control and makes legal certain aspects of its authority in the areas lying to the west of the Line of Control, it would be a net gain for Pakistan.
India claims sovereignty over the entire territory of the former state. However, along with the government of Azad Kashmir, Pakistan exercises control over certain areas of the former state which lie to the west and north of the Line of Control. It is generally believed, that should Pakistan and Azad Kashmir agree, India would accept the Line of Control, with minor changes, as international border, that is, relinquish its sovereign claim over what is with Pakistan and Azad Kashmir as of now.
New Delhi ceded parts of its sovereignty to the state legislature in Srinagar under Article 370 of the Constitution of India. It is generally believed that India is prepared to enhance the autonomous status of the former State as long as it does not amount to independence. Declared Prime Minister Narasimha Rao of India in 1995 "Independence no, autonomy, sky is the limit". The declaration has been reaffirmed recently by Kanwar Natwar Singh, India's minister of external affairs.
In such a situation, if a solution can be found which gives India certain status in the territory now under Pakistan's control, in lieu of conceding wide autonomy to the state as well as giving Pakistan certain status in the part of the state now under India's control, it would be a net gain for India.
Apparently, people in large numbers in the former state of Jammu and Kashmir do not wish to be ruled either by India or Pakistan. They would like to be independent. However, neither India nor Pakistan is ready to consider this option as a solution to the dispute. The opinion in the international community also does not seem to favour the emergence of a new independent state in the region. For the time being, those who are for complete independence may consider fulfilling their aspirations to the extent of widest possible autonomy. That will be, indeed, a big change in their favour from their present status.
The win, win, win solution may be based, therefore, on the following premises:
DEFENCE: Authority to defend a territory with armed might is one of the basic tenets of the exercise of sovereignty. Let India and Pakistan continue to be responsible for the defence of the borders of the former state against any power as they do, and at places they do, today. India's de-facto authority as it exercises today along the Ladakh border becomes de-jure. Pakistan does the same along the Khunjrab border in a legally recognised manner. If they wish they may form a consultative body on defence matters of which the government of the state may also be a member.
India and Pakistan agree to enter into a treaty with each other that the two countries shall not prepare for or wage war in the territory of the former state of Jammu and Kashmir. In so agreeing the need for defending the Line of Control along almost 800 Km ceases to exist and the way is cleared for the withdrawal of their forces stationed along this line.
India and Pakistan agree that the former state shall reunite as an undivided entity. This agreement shall fulfil one of the basic nationalist aspirations of the people of the former state.
The state of Kashmir pledges not to build an army of its own and India and Pakistan agree to relinquish the role of their armies of coming to aid of civil power in the state. These undertakings shall strengthen the internal autonomy of the administration of the state much to the relief of the armies of India and Pakistan. of the state. These undertakings shall strengthen the internal autonomy of the administration of the state much to the relief of the armies of India and Pakistan.
No longer required along the line of control and to act in the aid of civil power, India and Pakistan agree to withdraw their armies from Kashmir except from the borders of Kashmir with China.
FOREIGN RELATIONS: At present the foreign relations of a part of the former state are conducted by Pakistan and of the other part by India. In the proposed solution India and Pakistan may jointly be responsible for those aspects of relations which affect the security interests of either country including those of foreign investment, aid and grants. The state may exercise authority in establishing with other states in commerce and trade and other matters with the agreement of Pakistan and India.
ACCESS TO TRADE: Citizens of Kashmir acquire the right of entry and of doing business in Pakistan as well as India as if they were citizens of India and Pakistan as well. The communication, transportation, educational and other infrastructural facilities of India and Pakistan may be available to Kashmiris without any discriminative restrictions. The produce, manufactures and services of Kashmir should have access to the markets of India and Pakistan without any duties or charges; Indian and Pakistani produce, manufactures and services should have free access to the markets of Kashmir.
The citizens of India and Pakistan are able to travel throughout the former state without let or hindrance. Since the sights of the two countries are on a visa free regime within the Saarc areas, a beginning with removing travel restrictions with Kashmir may prove to be auspicious. These measures will be a big sovereign gain for India and Pakistan and an economic boom for state of Kashmir.
The currencies of Pakistan and India may be made legal tender throughout the former State.
PASSPORTS: Passports issued by the state of Kashmir have the status of those issued by the state before 1947. Visas issued by Pakistan and India are valid for Kashmir.
INDUS WATERS: The status and validity of Indus Basin Waters Treaty between India remains unchanged.
AUTONOMY: Subject to the foregoing, the legislature of Kashmir, by whatever name called, may exercise full autonomy.
FINANCES: Pakistan and India agree to give substantial budgetary support to the state government for a period of next 20 years.
Pakistan's security is greatly enhanced. From the northern and central parts of the Line of Control Indian army positions move far away to the east. The need for defending the Line of Control along almost 800 Km ceases to exist. Pakistan's defensive position at the Chinese border remains unchanged.
Pakistan not only legally acquires certain aspects of sovereignty now available to it in the areas to the west of the Line of Control but also enhances its status in the areas to the east of the Line of Control.
Pakistan's right to travel and trade in the entire state and its right to defend the Khujrab border acquire legal sanction. Citizens of Pakistan become free to travel and trade in the areas of the state not hitherto accessible to them.
India's security concerns are well protected and its right to defend the Laddakh border remains intact. The need for defending the Line of Control along almost 800 Km ceases to exist.
Citizens of India are free to travel and trade in the areas of the state not hitherto accessible to them.
Kashmir becomes almost independent with a friendly India and a friendly Pakistan on its sides. The unity of the state of Jammu and Kashmir is restored. It acquires identity as an autonomous unit in South Asia. Its defence against China, India and Pakistan stands guaranteed without any budget expenditure on its part. The Kashmiris become almost citizens of three domains.
The gains for Pakistan, India and Kashmiris will be true gain for the South Asia and, indeed, for the whole world. The spectre of nuclear war will lift for ever. The long term prospects of peace and prosperity will be greatly enhanced.
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Dr Mubashir says
Pakistan and India should win Kashmiris confidence for solution
Dr Mubashar Hassan, the founding member of the Pakistan-India People's Forum for Peace and Democracy (PIPFPD), has said that Kashmiris are still being ignored by the Pakistani and Indian governments in finding a solution to the Kashmir dispute.
Talking to Daily Times on Tuesday, Mr Hassan said that nothing should hinder the normalisation of relations between Pakistan and India. "Both governments have neglected Kashmiris. A lasting solution to the Kashmir issue is not possible without the involvement of the Kashmiri people," he said.
He said that there were divisions among the people of Azad Jammu and Kashmir (AJK) and Held Kashmir. "The Pakistani and Indian governments have to play a role in improving relations between the two governments and their people," he said.
Mr Hassan said the PIPFPD had suggested many steps to Islamabad and New Delhi to improve bilateral relations and some steps for Kashmiris to settle their issues with Pakistan and India.
He said that the forum had proposed that Islamabad and New Delhi should apologise to Kashmiris for the "atrocities committed by both countries in Kashmir over many years". It also suggested that "both countries apologise to their nations for committing human rights violations in Kashmir and repeal anti-human rights laws".
"We have observed that there is no real democratic government in both Kashmirs. The forum has demanded the right of self-determination for the Kashmiris," he said.
Mr Hassan said the forum had demanded that the size and presence of the security forces along the Line of Control be reduced. "Those who have left Kashmir because of fear for their life and property should be rehabilitated in their original abodes as many people from the AJK want to return to their homes. The people of Kashmir should be encouraged to meet and find a solution to the Kashmir issue also acceptable to Pakistan and India."
Mr Hassan said that composite dialogue would only succeed after India and Pakistan took steps to win the Kashmiris' confidence for a genuine political solution.
He called for commitment to partnership, equality and mutual respect to resolve all differences through peaceful and democratic means between India and Pakistan.
Mr Hassan said election results in India could help or harm progress towards a Kashmir solution. "A weak government in India may not be able to move ahead and improve relations with Pakistan," he said.
Referring to the recent cricket series, Mr Hassan said the enthusiasm shown by the people of Pakistan and India was a good sign.
He said that the first comprehensive meeting of the Joint Committee on Kashmir, formed by the PIPFPD, would also be held this month to facilitate the Pakistan-India dialogue.
The committee was announced during the PIPFPD convention held in Karachi in December. Its Pakistani members are M Ziauddin, resident editor of Dawn in Islamabad, Haji Adeel, former deputy speaker of the NWFP Assembly, Abdul Malik, former chief justice of the AJK Supreme Court, Dr Hassan, Anees Haroon of the Society for the Protection of Rights of Children, Dr Haroon Ahmad, a psychiatrist, and Afrasiab Khatak, the former chairman of the Human Rights Commission of Pakistan.
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By Iftikhar Gilani
NEW DELHI: Pakistan's former finance minister Dr Mubashir Hassan called for working out a "win-win" solution to the complex Kashmir issue so that all relevant parties - India, Pakistan and the people of Jammu and Kashmir - are at an advantageous position.
Presenting his paper on "Settling the Kashmir Issue" at the Observer Research Foundation, an Indian think-tank, before a gathering of Indian intellectuals including academics, former governors, diplomats and defence officials, Dr Hassan advocated giving as much autonomy as possible to the people of both Indian and Pakistani controlled Kashmir.
Many here believe that Dr Hassan reiterated what President General Pervez Musharraf had been saying - that a solution needed to be found that was a compromise to the stated positions of the two countries.
Dr Hasan said that although all of Jammu and Kashmir belonged "legally" to India, in reality it had no control over some parts of the state. Likewise, Pakistan had no legal rights to control what it called Azad Kashmir. And Kashmiris wanted an independent state, which no country in the world was in favour of, Dr Hasan said.
In this scenario, Dr Hasan suggested giving Jammu and Kashmir as much autonomy as possible with India and Pakistan maintaining troops to protect borders and foreign policies and the rest would be taken care of by the Kashmiri people. They could have their own passport and currency too, he said.
Dr Hasan said he was advocating this kind of autonomy to troubled regions in Pakistan like Balochistan, Sindh and the North-West Frontier Province as well.
"Why should the central forces, either in Pakistan or India, get involved in civil matters in different regions?" he asked. The people should manage their states, he said.
He said that Pakistan had no political interest in the movement in Kashmir initially, but later on some elements had given a religious colour to the movement, culminating in jihadis taking over it. He suggested strengthening the ongoing peace process by creating soft borders and removing restrictions on trade, travel, tourism and other areas. Though the audience expressed mixed reactions, Dr Hassan found strong supporters of his views in former foreign secretary Muchkund Dubey and former governor and Research and Analysis Wing (RAW) chief Girish Chandra Saxena. Others called for treading the path carefully to avoid any assault on the ongoing peace process.
Muchkund Dubey called for urgent steps to resolve the Kashmir issue. "Not only Pakistan, but even India is losing heavily because of Kashmir," he said. He said Jammu and Kashmir should not be considered as any other state of India and instead be solved as a special case.
"The solution should be acceptable to the people of Jammu and Kashmir and it should be a realistic solution," he said.
Dubey said that because of the lingering issue, India's stature in the world community had gone down to the extent where no Indian could think of becoming the United Nations Secretary General or adorn any other high post in the world.
Former Jammu and Kashmir Governor GC Saxena said that Dr Hassan's paper was a "comprehensive, conceptual, timely and worthwhile presentation." However, he said, there was a need to come up with a solution that was within the realistic parameters of both countries.
Saxena said deviation from the traditional position on Kashmir needed broader national consensus on the Indian side. "I am all for treating Kashmir as a special case. But, it will have a direct impact on other parts of the country, like separatist movements in Nagaland and Manipur," he said. He appreciated Dr Hassan's suggestions of providing sub-autonomies and matching democratic space on both sides of the Line of Control.
Another former governor of Jammu and Kashmir, Shri Jagmohan, emphasised on first creating the right atmosphere in the state. "Once the terror of the gun is removed, the people will start speaking differently," he said.
Jagmohan stressed on eliminating terrorism and re-orienting the thinking on Kashmir from the religious base to providing effective governance.
"In the poor state of Jammu and Kashmir, people are not bothered much about religion. What they want is good governance and facilities for leading a decent life," he said. He said there was a big difference between the religion and culture.
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