MAMNOON AHMAD KHAN Assistant professor Department of Humanities NED University of Engineering & Technology Karachi Mobile: +92 0334-3541575 E-mail: mamnoonak@gmail.com
Proposed Solution of Kashmir Dispute
By Mamnoon Ahmad Khan
SLOW BUT STEADY PROCESS
After a thorough research work and examining minutely all the possible options for the resolution of Kashmir enigma, I have evolved a peace process which will definitely lead to the resolution of the Kashmir Dispute.
For the settlement of Kashmir issue according to the wishes of the Kashmiri people, the only feasible, viable, practicable, equitable and honourable way, is to adopt a “Slow but Steady Process”. This “Slow but Steady Process” is based on three factors.
- Peoples’ Factor
- Economic Factor
- Political Factor
1) PEOPLES’ FACTOR
The peoples’ factor of the ‘Kashmir Problem’, requires free passage and interaction of the people, living on both sides of LoC, meeting each other and exchanging views on different issues, as members of ‘one geo-political family’, i.e., the Jammu and Kashmir State. For this purpose, easy travel permits should be issued to the Kashmiris, of course, consistent with the ‘security interests’ of both India and Pakistan. Duration of this experiment should be five years, to start with. The task of issuing permits for traveling, to and from the temporary LoC, can safely be entrusted to the local authorities, like the Deputy Commissioner, or the Senior Superintendent of Police, of the concerned district of the applicant, or any special officer, appointed by the State Governments of the respective side of the LoC, with the prior approval of the Government of India-in case of Indian Occupied Kashmir, (IOK) and the Pakistan Government-in case of Pakistan Occupied Kashmir (POK). There shall be no constitutional or any legal difficulty in this matter because according to Indian and Pakistani own law, the question of issuing visa to their citizens, for entering into another part of its territory, can not arise at all.
According to the Pakistani constitution, the Azad Kashmir is not a part of Pakistan, and is held and controlled by the Pakistan Government until and unless to a peaceful settlement of Kashmir Dispute, Similarly under the authority of article 370, of the Indian Constitution, 25 provincial assembly seats have been reserved for the people of Azad Kashmir, in the Jammu and Kashmir State Constitution. In the same way Jammu and Kashmir is not a part of India. India is ruling on Jammu and Kashmir by force and against the wishes of the Jammu and Kashmir people. It may be mentioned that, all Indo-Pak agreements, UN resolutions, and directions have been ratified by the parliaments of both India and Pakistan, at relevant times, which have consequently acquired the sanction and force of law. The rehabilitation of more than a million refugees of Jammu and Kashmir State, in their original homes, in Indian held Kashmir and Jammu, during this period, under the auspices of the United Nations High Commissioner, for rehabilitation of the Refugees, should be ensured. According to the International law India and Pakistan can not refuse or avoid to rehabilitate the hereditary citizens of Jammu and Kashmir State, in their original residential places, who were either forcibly driven away from their original State or were left with no alternative but to migrate to India or Pakistan, to save their lives, and had to temporarily settle there, with ‘refugee status’. Even the Indian law cannot allow the Government of India to refuse rehabilitation of the Jammu and Kashmir refugees, who are at present living in various places of Pakistan. These refugees of Jammu and Kashmir are more than a million in number. They are waiting to return to their native-state. The Indian law is clear in this regard. That is why, even a person of Indian origin, who has acquired a foreign citizenship, can easily and conveniently resettle in his/her mother-land, and freely enjoy dual citizenship, i.e., citizenship of his/her mother-land, as well as, of a foreign country, where he/she has settled, and has acquired citizenship, either by domicile, or by process of naturalization, or by marriage with a woman/man of that foreign country.
The urgent need of the hour is, to break the ice of hatred, and take positive and concrete steps for creating a congenial atmosphere in South Asia.
The inaugural point for this purpose starts from the Jammu and Kashmir State. In this connection, the first and foremost perceivable and visible step to be taken is, starting of the Srinagar-Muzaffarabad bus service, for the citizens of both sides of the actual LoC, at the earliest. This process will satisfy the aspirations of people of each region, and no region shall complain of any deprivation or imposition of any decision, against the overall will of its inhabitants. Till the final disposition of the future of Jammu and Kashmir State, The Governments of India and Pakistan, should take necessary steps to ensure full-fledge internal autonomy in parts of Jammu and Kashmir State, over which they exercise de-facto control and authority, either in pursuance of the international agreements, or under their unilaterally enacted laws.
2) ECONOMIC FACTOR
Free trade relations between the two parts of Kashmir (Indian occupied Kashmir and the Pakistan occupied Kashmir), be allowed. Economic factor is one of the most important and powerful factor for the sustainability of the State of Kashmir whether It remain independent or annexed with Pakistan or India subject to the aspirations and wishes of the Kashmiri people. Trade associations of Pakistani and Indian Part of Kashmir should come close and sign trade agreements and MoUs (Memorandum of Understanding) for hassle free trade between the two parts of Kashmir. Pakistani and Indian governments should also look into the matter urgently and formulise a policy to promote free trade relations between the two parts of Kashmir.
3) POLITICAL FACTOR
After a period of five years, all the political parties and recognised leaders of the people of all the regions of the State of Jammu and Kashmir, be allowed to hold a Peoples’ Convention, to express their views and suggestions, based on the aforesaid five years’ experience, and mass thinking, for finally settling this dispute, which would be equitable, honourable, practicable, and above all, in the larger interests of the people of Jammu & Kashmir.
Each solution, suggested in the State Peoples’ Convention, should be allotted a separate symbol, like assembly or parliamentary election symbol. Any of such symbol, which secures majority-support in any region, should be treated as the decision of that region, in favour of that solution, and should accordingly be honoured and implemented, for purposes of deciding the ultimate political future of that region.
The solution or solutions suggested in this convention, be placed before the people of all the recognized geographic regions of the entire Jammu and Kashmir State, through a referendum, under the supervision of an impartial agency, such as, the Commonwealth, SAARC, Special Committee of Non-Aligned Movement, or any special committee, constituted by the UN Security General, in order to ascertain the will and the opinion of the people of all these regions. The decision of the people be honoured and implemented peacefully, by India and Pakistan, through the channel of UN Security General.
In view of the above averments, it is demanded that, both India and Pakistan, should agree to hold free and fair elections, in their respective ‘controlled’ territories of Jammu and Kashmir State, under the supervision of some impartial agency, without any oath, pertaining to accession or sovereignty of the constitution of India and Pakistan, so that the real elected representatives of the people, look after the administrative matters, as well as, the peoples’ day-to-day problems, and maintenance of law and order, for the intervening period of five years, till the final settlement of the political future of the Jammu and Kashmir State. If India and Pakistan are sincere and honest about resolving the ‘Kashmir problem’, then they should make a ‘Joint Declaration’, without unnecessary delay, containing the sum and substance of the above averments.
SPECIAL FEATURES OF ‘SLOW BUT STEADY PROCESS’
1. This process will work in such a way that, there would be no sense of defeat to
India, Pakistan and the people of J&K State, as a whole.
2. There would be no break in the dialogue process.
3. This option suggests solutions, in a stage-wise manner.
4. It shall provide a reasonable time, to all the three parties to the dispute, to
review there stands, and go through all the factors of this ‘dispute’, and thus,
arrive at a viable, reasonable and practicable conclusion.
5. It involves and accommodates all the sections of the J&K people, and the political
parties, in connection with the settlement of the ‘Kashmir Problem’.
6. It has kept all the options open, for the Jammu and Kashmir people, after
dispassionate and prudent thought.
7. It would dilute the long-standing hatred and mistrust, created by the ‘Kashmir
Problem’, and paves the way for ultimate elimination of enmity and hostility
between India and Pakistan.
8. The ‘Process’ shall destroy the gold mine, created in the name of ‘Kashmir
dispute’, by unscrupulous politicians, leaders, and agencies, who have built a
vicious network within the J&K state, India, Pakistan and other countries all over
the world, to mint money, at the cost of the life and honor of the people of India
and Pakistan.
9. The adoption and implementation of this ‘process’ shall not create any
constitutional and legal problem for the India and Pakistan, nor shall it be
prejudicial to the national interests of India and Pakistan.
10. By this “process”, the letter and sprit of the UN Charter, and the demand for
right and justice, shall be fully honoured and fulfilled.
11. The aforesaid special features of this ‘Process’ shall enable it to play the role of a
sincere friend, facilitator and even, a mediator, between India, Pakistan and the
Jammu and Kashmir people as a whole.
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