Wednesday, 9 August 2017

UN Resolutions and an Independent Kashmir, Dr Shabir Choudhry

UN Resolutions and an Independent Kashmir
Dr Shabir Choudhry 

It should be noted that the UN Resolution of 21 April 1948, stated that it was for 'The people of Kashmir to decide in a fair and impartial plebiscite if they want to accede to India or Pakistan'.

In other words, the people of Kashmir had only two options available to them whether to join India or Pakistan, the option of independence was not offered to them. This is largely because the ‘The Jammu and Kashmir Question’ or ‘India and Pakistan Question’, as it was later called, was represented by the officials of India and Pakistan. Officials of both countries presented the case as it suited their national interest with little or no care for the people of Kashmir.

But when the Commission reached the Sub Continent and had the opportunity to meet the Kashmiri people, even though the officials of the both countries all the time shadowed them, they opened the door for an independent Kashmir.

Whereas the Resolution of 21 April 1948, stated that the people of Kashmir could only accede to India or Pakistan, the Resolution of 13th August 1948 said that the "future status of the state shall be determined in accordance with the will of the people...."

The phrase "future status" could mean the following:
1.    Accession of the State to India;
2.    Accession to Pakistan or
3.    An independent Kashmir. 

Fearing the possibility of an independent Kashmir, The Pakistan Foreign Office, in a letter to the Security Council, enquired if the words 'future status' could mean an independent Kashmir. The reply was that the Kashmiri people could have an independent Kashmir if that was the majority decision. After receiving this reply, the Pakistan government decided to suggest an amendment to this resolution. It was unfortunate that the Pakistan government in its letter to General A. G. L.  McNaughton, President of the Security Council, dated 28 December 1948, wrote to propose a change in this clause:

Paragraph 1 (A) reads,

For the words "the future status of State of Jammu and Kashmir" substitute the following:

"The question of the accession of the state of Jammu and Kashmir to India and Pakistan. 20

As a result of this request the next resolution which was passed on 5 January 1949, read like this:

'The question of the accession of the State of Jammu and Kashmir to India and Pakistan will be decided through the democratic method of a free and impartial plebiscite'.

Despite this important change in the Resolution, General A. G. L.  McNaughton after intensive interaction between the both governments, in his report in December 1949, still proposed the following:

"To determine the future of Jammu and Kashmir by the democratic method of a free and impartial plebiscite, to take place as soon as possible". 21

Pakistan once again wrote him a letter and asked for a change that was made in the Resolution of 5 January 1949. What this meant was that the government of Pakistan, in principle, was prepared to accept the whole of the State going to India in the event of the plebiscite going against Pakistan; but was not prepared to accept the State of Jammu and Kashmir becoming an independent if the people voted in favour of this option.

It must be noted that under the Security Council Resolution, Pakistan had to withdraw all of her troops from the State, and India only had to withdraw 'bulk' of her troops. This could mean that India could have had 49% of her troops present in Kashmir and with Sheikh Abdullah at the helm of political affairs the result of the plebiscite could well have gone in India’s favour.

Even those writers who are regarded as pro Pakistan seem to agree that if the proposed plebiscite had taken place while the Indian troops, whatever their number, were present and Sheikh Abdullah was in charge of the Kashmiri administration the outcome of the Plebiscite would have gone against Pakistan. Sheikh Abdullah was the most popular leader and the atrocities committed by the Tribesmen sponsored by Pakistan were still fresh in peoples mind. Perhaps Pakistan, realising this eventuality, was not too keen in pulling out her troops from Kashmir.

But it is demoralising and disappointing to note that Pakistan too was interested in territorial gains and was not really concerned about the welfare of the people or the right of self-determination of the people of Kashmir. Had welfare of the Kashmiri people and principle of self determination being Pakistan's first priority, then perhaps the government would have acted differently and:

1.    Would not have changed the title of the case from 'The Jammu and Kashmir Question' to 'India and Pakistan question';

2.    Would not have limited the choice of the Kashmiri people to accession to India or Pakistan.

Pakistan's policy regarding Kashmir still has not changed. Pakistani government officials talk about human rights violations in the Indian occupied Kashmir, and rightly so because India is guilty of human rights violations, but what about the rights of the people living in Gilgit Baltistan?

These people oppressed and deprived of fundamental human rights. They don't have even those limited rights enjoyed by people in Azad Kashmir. If the Pakistan government is sincere with the right of self determination of the Kashmiri people, then she should not be imposing any restrictions on them by saying that they cannot remain independent. Time and again they very openly opposed the idea of an independent Kashmir.

Pakistan pay lip service to Kashmiri people's right to self determination, and yet gives them only a limited choice of either joining Pakistan or India. This in practice means only one choice - accession to Pakistan, as the majority of the Kashmiris have rejected India's claim on Kashmir and openly declared their unwillingness to join India.

The point is that the Kashmiri people's right to determine their own future must not be circumscribed or limited. For whatever reason, if Kashmir has to accede to Pakistan, the decision must be voluntarily made by the people, not imposed on them.

Under the terms of the Resolution of 13th August 1948, the cease- fire became effective on the 1st January 1949.  On 5th January 1949, the second Resolution was passed which was supplementary to the Commission's resolutions passed on the 13th August 1948.

In the view of many writers and commentators, the nature of Kashmir dispute changed with the passage of this Resolution.  From then onwards it was no longer a question of right of self-determination of the Kashmiri people; rather the Kashmiri people, according to the Resolution, would be given a limited choice to decide if they wanted to become Indian or Pakistani; thus implying that it was a territorial dispute between the two countries, not a right of self determination as acknowledged in the UN Charter. 22

(An excerpt from my PhD research which is published as a book).

Writer is a political analyst, TV anchor and author of many books and booklets. Also, he is Chairman South Asia Watch and Director Institute of Kashmir Affairs.   
View my blog and web:

Saturday, 5 August 2017

Why I think Nawaz Sharif was better for Pakistan? Dr Shabir Choudhry

Why I think Nawaz Sharif was better for Pakistan?
Dr Shabir Choudhry           London, 06 August 2017

Like Zulfiqar Ali Bhutto and many others Nawaz Sharif also started his political career under the supervision of men in khaki. However, I salute him for challenging might of the army and secret agencies more than three times.

Citizens of Jammu and Kashmir and Pakistan criticise me for my comments on the Pakistani politics. They say if you are a Kashmiri nationalist then why do you interfere in matters of Pakistan.

This comment is absurd to say the least. I totally reject this argument. Pakistan has occupied my country. They have created enormous problems for my countrymen since their attack on my homeland on 22 October 1947. They bleed us, oppress us, loot us exploit our resources; and I am not even allowed to criticise them.

No dear critics, I won’t buy your logic. Even if I was not occupied and oppressed by Pakistan, still as a writer and a political analyst, I have every right to write and comment on events in our neighbourhood, which one way or the other affect our lives.

Nawaz Sharif is a Pakistani politician, and he loves Pakistan. I am a citizen of Jammu and Kashmir, and love my country. I don’t need to love my neighbours, or those who occupy us. Those who love occupiers are not patriots; and many people regard them as traitors. To be a patriot citizen of Jammu and Kashmir, I don’t need to love a country that occupies us, oppress us and exploit our resources. I need no certificates from anyone.

I don’t like politics of Imran Khan and the army rule. I don’t hide this, and openly write against Imran Khan and the establishment. Sadly, I am paying a price for this too. In my opinion, following are the reasons why Nawaz Sharif was a better choice for Pakistan:

1.    Nawaz Sharif, in my opinion, graduated in the Pakistani politics and understood that root cause of Pakistani politics, including extremism, violence and instability is the army, secret agencies and bureaucracy. He wanted to ensure that army and secret agencies become subservient to the civilian government. He did not want them to call shots in the Pakistani politics; and dictate such policies which generate instability, extremism, violence and intolerance.

2.    He learnt that Pakistan can only flourish and become a stable country if there is economic and political stability. For survival of Pakistan as a viable and respectable democratic country, it is imperative that there must be friendly relations with all neighbours; and for that purpose, trade, economic and cultural ties are required.

3.     In his opinion, outstanding disputes can only be resolved when there are friendly relations and environment of confidence and trust. In other words, Jammu and Kashmir dispute and other disputes with India could only be resolved once there are friendly relations. He thought India will not resolve disputes if there was a gun pointing at their head; and we continue to send militants in Jammu and Kashmir and in India to commit violence and create instability.

4.    Similarly, he thought, it for was people of Afghanistan to decide who should rule them. In his view, Pakistan must abandon this redundant policy of ‘strategic depth’; and stop good Talibans going to Afghanistan to commit acts of violence.

5.    In his view, this policy of good Taliban and bad Taliban; or good terrorist and a bad terrorist must end. Gun culture and promotion of extremism, intolerance and violence must end.

6.    He was aware of this fact that there was anxiety and resentment in Pakistani controlled Azad Kashmir and in Gilgit Baltistan. He knew hearts and minds of people could be won by economic projects and by appropriately rewarding people.

7.    We expected, if he was to continue he would have started a dual carriage road to link all towns of Azad Kashmir with each other. That would have meant people of Azad Kashmir could visit their capital – Muzaffarabad, without first Pakistani capital – Islamabad.

8.    Also, it was expected that he would have started development projects in Gilgit Baltistan and built an international airport in Mirpur which could have benefitted Azad Kashmiri districts of Mirpur, Kotli, Bhimber; and Pakistani towns like Jhelum, Dina, Sarai Alamgir, Lala Musa, Khairan etc.

9.    By boosting trade and commerce, he wanted to link India, Afghanistan and Central Asia by network of roads. The friendly relations with these neighbours would have created a conducive environment which could have helped to resolve all outstanding disputes.

10. The CPEC, apart from other things would have brought China and Russia to Gwadar; and that was strongly despised by America, India, Saudi Arabia, UAE and many other countries.

11. I and some other like - minded citizens of Jammu and Kashmir wanted Nawaz Sharif to continue as Prime Minister of Pakistan, because he was a beacon of hope for peace and development in the region. Only through peace and policy of live and let live can promote economic and political stability in Pakistan and in the region.

12. Some of these projects or objectives were strongly detested by some powerful forces in Pakistan. They were also supported by the international establishment in this project of ousting the legally elected Prime Minister.

13. National and international establishment have won the first round; but they are also hurt. Their designs are exposed. Nawaz Sharif is down and wounded, but he is not knocked out. He will fight the might of the national establishment, and will to establish a civilian rule. The outcome of this may not be very good for him and his family because the establishment is determined to maintain their hold on levers of power; and teach him a lesson. He needs to tread very carefully, especially when FIR of Model Town murders is still active.

14. The Pakistani society is deeply divided in to two hostile camps. Political temperature, intolerance and hatred of each other appears to be not too different from that of 1970/71. The consequence of this tussle may not be very pleasant for people and future of Pakistan.

Writer is a political analyst, TV anchor and author of many books and booklets. Also, he is Chairman South Asia Watch and Director Institute of Kashmir Affairs.