Kashmir continues to remain an intra-disciplinary (intra-agency) subject. Our hands are not on the handle. Karachi Agreement of April 1949 and the responsibilities assumed by the Government of Pakistan under UNCIP Resolutions in the AJ&K Constitution Act 1974, allocate a higher burden of responsibility on the Government of Pakistan. The question as to whether this shared responsibility between the Government of AJ&K and Government of Pakistan has been discharged, could have many answers. One of them is that our Kashmir policy has not only failed, it is in ruins.
The intra-agency arrangement on Kashmir has run out of steam. It does not have an independent outside input or a regular audit to check its merit. The authors of Militancy and the authors of Hurriyat in Kashmir have played hot and cold. They switched on and off the two components of a new experiment in Kashmir. It facilitated Government of India to kill a generation in Kashmir and to unlawfully disturb the status of the State under its control.
The authors of Militancy and Hurriyat have a case to answer for the death of a generation and for the Indian action of 5 August 2019. President Musharraf and his team in the Government dealt with Kashmir as a part-time political sport. He decided to betray the Kashmiri youth and pulled the plug. After drawing them into a battle against Indian army in 1990s, Musharraf made an admission cum offer to India and asked to “curb all militant aspects of the struggle for freedom. This will give comfort to the Kashmiris, who are fed up with the fighting and killing on both sides”.
The second point in his four point Kashmir Formula, rendered the patriotic defiance of the Kashmiri youth into a militancy or terrorism. India boarded the propaganda train and the Kashmiri youth fighting against the Indian rule was re-defined as a terrorist. The intra-disciplinary arrangement on Kashmir had to play the Musharraf’s dulcimer.
Musharraf said at the end of his four point formula that, “This idea is purely personal and would need refinement. It would also need to be sold to the public by all involved parties for acceptance”. (Page 303 In The Line of Fire).
A large number of Pakistanis, Kashmiris and opportunists lined up to serve as the sales persons for Musharraf’s Four Point Formula. The formula could not be sold without distancing from the UN template on Kashmir. The intra-disciplinary arrangement in-charge of Kashmir, bowed in obeisance as all departments in a Government are expected.
The threat of militancy wore off and the pressure of a united political platform in Kashmir, started its leak. A confused and scared Indian Government was able to understand the source, merits and the demerits of Kashmir militancy and Kashmir united politics, hyped as Hurriyat. Hurriyat was caught in its own wrangling and these wranglings were fixed or encouraged as required. Militancy also started to show its cracks, until, the lead elements, without any experience, turned into peace makers. Government of India and Government of Pakistan introduced a mechanism of receiving them as special guests. It created a register of vested interests on both sides of the cease fire line and in the Diaspora. The register of interests attracted a good number of non-Kashmiri and non-Pakistani NGOs and individuals. A vicious regime of corruption hurt the character and dignity of Kashmir cause.
Kashmir has lost a generation. India is out to hurt the habitat and the people. Kashmir policy is in a mess to the extent that one foreign minister, has said that “Kashmir is a Dead Issue” and the incumbent has told us that the use of “K word” was banned in the foreign office for a number of years. One would like to remind him that he was part of all those Governments who had banned the use of “K word”.
The right of self-determination of the People of Jammu and Kashmir, is not a consequence of a choice or dictate of foreign office in Delhi or Islamabad. On the contrary the respective interests of India and Pakistan are a consequence of the Kashmiri’s right to self-determination. There is a UN template on the manner of resolving the right of the Kashmiri people.
At this point in time Pakistan’s Kashmiri policy is in shambles. The Government of AJ&K on its part has no Kashmir policy. It keeps a false semblance to fool the public and in private, it admits that it has no say or role in the intra-disciplinary arrangement on Kashmir. One can see that the AJ&K Government and the AJ&K Assembly does not have any serious role or input. Both have developed a vicious self-interest to black-mail and pressure Islamabad, as and when required. It ends in striking a quid pro quo.
It is for the first time in the history of Kashmir that Indian repression is being tolerated and is working. Our militancy has been rolled back and our Hurriyat has been kicked in the stomach. Today it is seen nowhere on the streets of Kashmir. Unfortunately we have come to a dead end. It is not because we do not have a case but it is because the intra-disciplinary arrangement on Kashmir is outdated and has failed.
OIC has failed the people of Kashmir. It has failed on the diplomatic as well as on the humanitarian fronts. In December 1994 Islamic Summit OIC made a pledge to “mobilise funds and contribute generously towards providing humanitarian assistance to the Kashmiri people”. It was the easiest manner to reach the people in distress. Unfortunately OIC has failed. Government of Pakistan and its intra-disciplinary arrangement also sits on huge Kashmir funds.
Indian repression has hurt the people of Kashmir so much, that two NGOs in South Kashmir have been allegedly found selling the orphans of Kashmir in various cities of India. Media has reported that children orphaned by Covid-19 were being sold in Indian markets. Police has made some arrests as well. Kashmiri girls used to be sold to houses of ill fame during British India. But the evil was challenged and most of these women were rescued by the Maharaja Government.
Governments of Pakistan have done a lot but they have not done it well. All their doing was consigned to a dust bin by the Indian action of 5 August 2019. OIC has chickened out. It has helped less and hurt more. The intra-disciplinary arrangement dealing with Kashmir should not monopolise the circle of wisdom on Kashmir. They are dealing with it as a tenure interest, while as, it requires a missionary spirit and independent inputs. There is no other way, but to adhere to the UN template and play the cards right. As one of the urgent steps, Pakistan should find friends in countries and among NGOs and seek a Special session of UN HRC without any further delay.
Self-serving activities have no merit and activities done so far remain misdirected and far remote from the jurisprudence of the case. The constituency of support is shrinking and there may be very difficult times ahead. Conscientious Pakistanis in various disciplines and the missionary Kashmiris have to move forward and fix the Kashmir policy. We cannot deny that the Kashmir Policy is in ruins.
The writer is President (Jammu and Kashmir Council for Human Rights).
