Pakistan uproots more Kashmiri people by dam plan
Dr Shabir Choudhry 25 August 2009
How sweet of Pakistani government - they have given us two pieces of news in one week, and both are related to construction of dams and uprooting of tens of thousands people of Pakistani Occupied Gilgit Baltistan.
On 21 August 2009, after meeting of the Executive Committee of the National Economic Council, federal ministers Qamar Zaman Kaira and Raja Pervez Ashraf told reporters that the plan to construct Diamer Bahsha Dam is final and that ‘the government was working on war footing to resolve the energy crisis in the country’. The dam will generate 4,500 megawatts (MW) of electricity and store 6.4 million acre feet of water; and for that Pakistani officials don’t care if tens of thousands of people of Gilgit and Baltistan are uprooted to meet energy needs of Pakistan.
They claimed that the nation is ‘united’ on this issue, and that people of Gilgit and Baltistan also have no objections to this. May be people of Pakistan are united on this issue as they don’t have to construct Kala Bagh dam to meet their water and energy requirements and uproot Pakistani people, but surely people of Gilgit and Baltistan are not happy with this project.
The respected ministers did not say what method they used to ascertain agreement or no objection certificate from the people of Gilgit and Baltistan. Did they have a referendum, a survey; or they assumed this by sitting in their luxurious offices in Islamabad.
Before people of the area could digest this news another bombshell was thrown at them that Pakistan will construct Bunji Dam in Astore district of Gilgit and Baltistan. Like the Diamer Bahsha Dam, China will provide help and finance to construct Bunji Dam, which will have a capacity of generating 7,000 megawatts of electricity.
As expected the Executive Committee of the National Economic Council has not resolved the issue of royalty; and has left it for the authorities to resolve this issue. Bureaucrats of Pakistan have mastered the art of exploiting their colony in such a style that the people feel the Pakistani officials have done them a favour by this exploitation. Some sincere nationalists who try to expose the designs of Islamabad are silenced with help of puppets in the area.
Diamer Basha Dam will submerge vast areas of Gilgit and Baltistan; and will take only a tiny bit of area from North West Frontier Province. These technical experts who planned the dam knew what exactly they were doing. They selected the site that a small village called Basha in district Kohistan plays a key role on the issue of royalty and profit sharing. According to article 161 (2) of the Constitution:
‘The net profits earned by the Federal Government, or any undertaking established or administered by the Federal Government from the bulk generation of power at a hydro-electric station shall be paid to the Province in which the hydro-electric station is situated’.
The technical bureaucrats of Pakistan planned the project in such a way that Hydro – electric station is situated in Basha village of NWFP, that royalty is paid to a Pakistani province rather than Giglit and Baltistan, which is not legally part of Pakistan. In other words, Tens of thousands of people of Gilgit and Baltistan get uprooted for this project, their history, culture and graves of their love ones submerge in water; and Pakistan gets water for irrigation and electricity to run their factories, and a Pakistani province of NWF bags the royalty. Isn’t that a great deal for Pakistan and rough deal for people of Gilgit and Baltistan based on exploitation and oppression?
The rate of royalty is to be determined by inter-provincial forum known as Council of Common Interest (CCI); and because Gilgit and Baltistan is not legally part of Pakistan and therefore has no representation in CCI, so it is clear that the decision will go in favour of NWFP. The article 161 (2) further explains that ‘For the purposes of this clause "net profits" shall be computed by deducting from the revenues accruing from the bulk supply of power from the bus-bars of a hydro-electric station at a rate to be determined by the Council of Common Interests’.
However, the Parliament of Pakistan, if they wish, can make a specific amendment to the above and enable a province or a territory hosting the dam to get the royalty or share it with another territory. But isn’t that a wishful thinking? Pakistani governments abandoned all plans to construct Kala Bagh dam, even though these plans were made as far back as in 1950s, and have cost millions to the exchequer, just because they did not want to annoy their political allies.
In view of this can Islamabad government annoy politicians of NWFP and give royalty to Gilgit and Baltistan, especially when these areas have no representation in Pakistani Senate or National Assembly?
Once completed the Daimer Basha Dam will be able to store more water and produce more electricity than Tarbela dam. That means it should get more royalty than the Tarbela Dam, which brings around 8 billion per annum in royalty to government of NWFP; and that is more than the total annual budget for Gilgit and Baltistan.
A Legislative Council in Gilgit and Baltistan, known as ‘Northern Areas Legislative Council’ passed a resolution requesting the government in NWFP to withdraw its demand for royalty in favour of Gilgit and Baltistan in accordance with Islamic jurisprudence of justice, equality and benefit sharing. This won’t happen because one cannot expect from a lion to promote equality in jungle and ban eating of meat.
In the past Pakistani governments have uprooted people of Jammu and Kashmir more than once to meet energy and water needs of Pakistan. It is ironic that this so called ‘friend and big brother’ of Kashmiris did that very callously and without any care for welfare of the people of the area; and without paying appropriate compensation or any royalty, which is normally paid to provinces of Pakistan.
Despite strong protests from people of Mirpur Mangla Dam was constructed in 1967, but no royalty for the dam was paid to the government of Pakistani Administered Kashmir until few years ago; whereas government of North West Frontier Province is receiving royalty for Tarbela Dam ever since its completion in 1976. After repeated requests from government of Pakistani Administered Kashmir government of Pakistan set up a Committee in 1987 under Chairmanship of Mehboob Ul Haq to look in to the royalty issue.
The Committee recommended that government of NWFP should get royalty of 3 billion rupees per annum for the Tarbela Dam; and the government of Pakistani Administered Kashmir should get 2 billion for the Mangla Dam. Despite this no royalty was paid to the Pakistani Administered Kashmir until few years ago, and it was at much reduced rate – less than one billion; whereas government of NWFP gets 8 billion for the Tarbella Dam now.
I am no one to say whether Pakistan should construct Kala Bagh dam or not, but I have every right to say that Pakistani governments should learn to construct dams inside their own territory. Gilgit and Baltistan is part of the former Princely State of Jammu and Kashmir, and is not part of Pakistan; and Pakistani governments democratic or undemocratic have no right to violate State Subject Laws and illegally construct dams in a disputed territory.
At a time when plans to construct Kala Bagh dam were taking a serious shape, a Pakistani nationalist leader Wali Khan said: this construction is against the interest of his people; and if authorities went ahead with these plans they will blow up the dam with a bomb.
When plans for construction of Basha Dam were at early stage and people of the area also protested against the construction of the dam. A Kashmiri Khan (Amanullah Khan), who hails from Gilgit and Baltistan but lives in Rawalpindi for convenience, was on a visit to the area and had an opportunity to address a gathering.
He did not oppose the construction of the dam, rather demanded that the dam’s name should be changed to Diamer dam as it was to be constructed in that district. His second demand was about royalty for the dam. The authorities said we accept 50% of demands: change of name from Basha Dam to Diamer Basha Dam, and issue of royalty will be decided by relevant authorities.
The change of name does not change anything, as people still get uprooted and our history, culture and land gets submerged in water, but the Kashmiri Khan and his followers claimed this as a ‘victory’. I wish we people of Jammu and Kashmir had one Wali Khan, instead of so many ‘Khans’, Rajas, Choudhrys, Sardars, Maliks and puppets of those who occupy us.
Writer is a Spokesman of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs. Email: drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Monday, 24 August 2009
Wednesday, 29 July 2009
Test for Kashmiri nationalists
Test for Kashmiri nationalists
Dr Shabir Choudhry 29 July 2009
Sardar Liaquat Ayat is not only in hot water but he is in jail. He is going through this ordeal not because he has committed any crime but because he has expressed an opinion which is against interest of the ruling elite.
He is a known Kashmiri nationalist, and President of Jammu Kashmir National Awami Party. I have not met him but he came to my attention when I read his interview in Saeed Asad’s book regarding human rights abuse in Neelam Valley. Sardar Liaquat Ayat very bravely and unequivocally exposed acts of human rights abuse committed by Pakistan army. His statement was so good that we produced quotes for the speech which was delivered at Geneva by KNP Chairman, Abbas Butt.
Sardar Liaquat Ayat while referring to Pakistan army, said:
‘Forces of occupation were present everywhere and openly displaying their weapons to harass people. If you want to see unruly army, which has no care for welfare of the people, and which is not controlled by any one then visit the Neelam Valley. This army is stationed in villages and populated areas. There is no concept of sanctity of ‘chader and chaar divari’ - meaning respect for home and dignity of women, because honour and dignity is trampled under big boots of the army. Dignity and honour of no one is safe here. Sexual abuse is common here; and because of fear factor no one dares to complain’.
When I read this statement I knew he will have to pay for his honesty and bravery. He was arrested for holding a public meeting on 19 July, and exposing a political fraud committed on this date in 1947. The ruling party - Muslim Conference, in Pakistani Administered Kashmir claims that their party on this date passed accession to Pakistan resolution. History does not support this contention, but when lies are spoken consistently and over a long period of time some people will believe them.
The facts are that in a press conference held on 28 May 1947, Choudhry Hameedullah, acting President of the Muslim Conference said: ‘Accession to Pakistan will disturb Hindus while accession to India will disturb Muslims. Therefore, we have decided not to enter into any controversy either with India or Pakistan. The second thing we have decided is that we should try to acquire independence for the State. The third question now before us is what would be the position of the Maharaja? We have never been lacking in showing loyalty and respect for him and it is because of this attachment that we did not support the Quit Kashmir Movement although in one way it was a natural Movement. We, therefore, felt that we should try to find a solution which will maintain the position of the Maharaja Bahdur while at the same time, it should also satisfy the Praja. The best solution that we have found is that the Maharaja should become a constitutional King as is the position in many countries…… The fourth thing that we have decided is that we should a Constituent Assembly of our own to draft our constitution……’
Choudhry Hameedullah had full support of leadership of the party, and it was expressed in the meeting of the Working Committee of the Muslim Conference on 18 July 1947. The working Committee after careful consideration unanimously endorsed the statement made by, the acting President, Choudhry Hameedullah; and ‘ unanimously adopted a resolution calling upon the Maharaja to declare independence and assured him of the Party’s wholehearted support and co operation.’
This was a bombshell to all those who regarded Muslim Conference as their ‘pet’, and regarded Kashmir being in their ‘pocket’. Much publicised Muslim Conference ‘Convention’ was itself a fraud, as no official invitations were given to delegates, which is the normal practise. A small advertisement was placed in newspaper and members were requested to attend the ‘Convention’, which was attended by less than hundred people, and mainly supports of Mirwaiz who were motivated by religious fervour.
On 19 July 1947 a resolution was passed that was contradictory to the one passed by the Working Committee, which normally consists of matured and experienced people. It was also contradictory to the official policy of the party and statement of Choudhry Hameedullah. The resolution said, ‘It is, therefore, necessary that the State must accede to Pakistan’. People wonder what had happened between 18th and 19th July which brought about a complete U – turn.
Sardar Liaquat Hayat was arrested for crime of exposing political fraud committed on 19 July 1947, and imposed on reluctant people of Jammu and Kashmir in order to promote their own interest and also the interest of Islamabad. He condemned the so called ‘accession resolution’, and advanced the cause of democratic, secular, and united independent Jammu and Kashmir.
Pro Pakistan government and Pakistani agencies have shown what they are capable of doing. They have arrested these leaders, which is clear abuse of their human rights and clear violation of UNCIP resolutions on Kashmir, which says: ‘All authorities within the State of Jammu and Kashmir will undertake to ensure in collaboration with the Plebiscite Administrator that:
(a) There is no threat, coercion or intimidation, bribery or other undue influence on the voters in plebiscite;
(b) No restrictions are placed on legitimate political activity throughout the State. All subjects of the State, regardless of creed, caste or party, shall be safe and free in expressing their views and in voting on the question of the accession of the State to India or Pakistan. There shall be freedom of the Press, speech and assembly and freedom of travel in the State, including freedom of lawful entry and exit;
(c) All political prisoners are released;
(d) Minorities in all parts of the State are accorded adequate protection; and
(e) There is no victimisation’.
We people of Jammu and Kashmir are a divided lot. We have failed to shown unity when most needed. NAP is a pro independent party, which like other parties needs a political space, but we have to see it differently. We have to view this as an attack on our liberties, attack on a fellow leader and attack on our fundamental belief of independence. We have to demonstrate our complete solidarity with NAP leaders and take active part in release of these leaders. It should not be taken as a struggle of NAP, but struggle of all those who believe in united and independent Kashmir, and all those who believe in secular, democratic and progressive Kashmir.
In this regard I request all nationalist parties to fully cooperate with NAP leaders and support all their programmes to demonstrate unity; and send a clear message to the authorities that if you want peace and harmony in this region then release these political prisoners immediately and without any conditions. Apart from that I request nationalist parties to organise protests independently as well to show that it is not struggle of NAP only, but struggle of all freedom loving people.
Apart from that NAP and other nationalist parties should contact embassies and Foreign Offices of different countries and explain the plight of people and human rights abuse perpetrated in Pakistani Administered Kashmir. If we Kashmiri nationalists failed to get release of these innocent people then it will be a clear signal to the authorities that these people are divided and cannot rise above their petty differences.
This impression will open a floodgate of human rights abuses in this area, and lead to subjugation of other nationalists. We need to send a clear message to the authorities that we will not allow them to contravene our social, political and economic rights; and any attempt to curb our human rights will be opposed and brought to the attention of the international community.
Writer is a Spokesman of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs. Email:drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Dr Shabir Choudhry 29 July 2009
Sardar Liaquat Ayat is not only in hot water but he is in jail. He is going through this ordeal not because he has committed any crime but because he has expressed an opinion which is against interest of the ruling elite.
He is a known Kashmiri nationalist, and President of Jammu Kashmir National Awami Party. I have not met him but he came to my attention when I read his interview in Saeed Asad’s book regarding human rights abuse in Neelam Valley. Sardar Liaquat Ayat very bravely and unequivocally exposed acts of human rights abuse committed by Pakistan army. His statement was so good that we produced quotes for the speech which was delivered at Geneva by KNP Chairman, Abbas Butt.
Sardar Liaquat Ayat while referring to Pakistan army, said:
‘Forces of occupation were present everywhere and openly displaying their weapons to harass people. If you want to see unruly army, which has no care for welfare of the people, and which is not controlled by any one then visit the Neelam Valley. This army is stationed in villages and populated areas. There is no concept of sanctity of ‘chader and chaar divari’ - meaning respect for home and dignity of women, because honour and dignity is trampled under big boots of the army. Dignity and honour of no one is safe here. Sexual abuse is common here; and because of fear factor no one dares to complain’.
When I read this statement I knew he will have to pay for his honesty and bravery. He was arrested for holding a public meeting on 19 July, and exposing a political fraud committed on this date in 1947. The ruling party - Muslim Conference, in Pakistani Administered Kashmir claims that their party on this date passed accession to Pakistan resolution. History does not support this contention, but when lies are spoken consistently and over a long period of time some people will believe them.
The facts are that in a press conference held on 28 May 1947, Choudhry Hameedullah, acting President of the Muslim Conference said: ‘Accession to Pakistan will disturb Hindus while accession to India will disturb Muslims. Therefore, we have decided not to enter into any controversy either with India or Pakistan. The second thing we have decided is that we should try to acquire independence for the State. The third question now before us is what would be the position of the Maharaja? We have never been lacking in showing loyalty and respect for him and it is because of this attachment that we did not support the Quit Kashmir Movement although in one way it was a natural Movement. We, therefore, felt that we should try to find a solution which will maintain the position of the Maharaja Bahdur while at the same time, it should also satisfy the Praja. The best solution that we have found is that the Maharaja should become a constitutional King as is the position in many countries…… The fourth thing that we have decided is that we should a Constituent Assembly of our own to draft our constitution……’
Choudhry Hameedullah had full support of leadership of the party, and it was expressed in the meeting of the Working Committee of the Muslim Conference on 18 July 1947. The working Committee after careful consideration unanimously endorsed the statement made by, the acting President, Choudhry Hameedullah; and ‘ unanimously adopted a resolution calling upon the Maharaja to declare independence and assured him of the Party’s wholehearted support and co operation.’
This was a bombshell to all those who regarded Muslim Conference as their ‘pet’, and regarded Kashmir being in their ‘pocket’. Much publicised Muslim Conference ‘Convention’ was itself a fraud, as no official invitations were given to delegates, which is the normal practise. A small advertisement was placed in newspaper and members were requested to attend the ‘Convention’, which was attended by less than hundred people, and mainly supports of Mirwaiz who were motivated by religious fervour.
On 19 July 1947 a resolution was passed that was contradictory to the one passed by the Working Committee, which normally consists of matured and experienced people. It was also contradictory to the official policy of the party and statement of Choudhry Hameedullah. The resolution said, ‘It is, therefore, necessary that the State must accede to Pakistan’. People wonder what had happened between 18th and 19th July which brought about a complete U – turn.
Sardar Liaquat Hayat was arrested for crime of exposing political fraud committed on 19 July 1947, and imposed on reluctant people of Jammu and Kashmir in order to promote their own interest and also the interest of Islamabad. He condemned the so called ‘accession resolution’, and advanced the cause of democratic, secular, and united independent Jammu and Kashmir.
Pro Pakistan government and Pakistani agencies have shown what they are capable of doing. They have arrested these leaders, which is clear abuse of their human rights and clear violation of UNCIP resolutions on Kashmir, which says: ‘All authorities within the State of Jammu and Kashmir will undertake to ensure in collaboration with the Plebiscite Administrator that:
(a) There is no threat, coercion or intimidation, bribery or other undue influence on the voters in plebiscite;
(b) No restrictions are placed on legitimate political activity throughout the State. All subjects of the State, regardless of creed, caste or party, shall be safe and free in expressing their views and in voting on the question of the accession of the State to India or Pakistan. There shall be freedom of the Press, speech and assembly and freedom of travel in the State, including freedom of lawful entry and exit;
(c) All political prisoners are released;
(d) Minorities in all parts of the State are accorded adequate protection; and
(e) There is no victimisation’.
We people of Jammu and Kashmir are a divided lot. We have failed to shown unity when most needed. NAP is a pro independent party, which like other parties needs a political space, but we have to see it differently. We have to view this as an attack on our liberties, attack on a fellow leader and attack on our fundamental belief of independence. We have to demonstrate our complete solidarity with NAP leaders and take active part in release of these leaders. It should not be taken as a struggle of NAP, but struggle of all those who believe in united and independent Kashmir, and all those who believe in secular, democratic and progressive Kashmir.
In this regard I request all nationalist parties to fully cooperate with NAP leaders and support all their programmes to demonstrate unity; and send a clear message to the authorities that if you want peace and harmony in this region then release these political prisoners immediately and without any conditions. Apart from that I request nationalist parties to organise protests independently as well to show that it is not struggle of NAP only, but struggle of all freedom loving people.
Apart from that NAP and other nationalist parties should contact embassies and Foreign Offices of different countries and explain the plight of people and human rights abuse perpetrated in Pakistani Administered Kashmir. If we Kashmiri nationalists failed to get release of these innocent people then it will be a clear signal to the authorities that these people are divided and cannot rise above their petty differences.
This impression will open a floodgate of human rights abuses in this area, and lead to subjugation of other nationalists. We need to send a clear message to the authorities that we will not allow them to contravene our social, political and economic rights; and any attempt to curb our human rights will be opposed and brought to the attention of the international community.
Writer is a Spokesman of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs. Email:drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Friday, 17 July 2009
India Pakistan talks - Gilani scores a goal.
India Pakistan talks - Gilani scores a goal.
Dr Shabir Choudhry 17 July 2009
On side lines of NAM Summit, Prime Ministers of India and Pakistan met in Egyptian holiday resort of Sharm El Sheikh. Good thing is that they have managed to issue a joint statement as well. This indicates some progress in talks and climb down by India, despite strong and arrogant stand before the talks.
Since the Mumbai carnage in November 2008, India has consistently and emphatically maintained that the dialogue process cannot resume till Pakistan takes "concrete" and "visible" action against perpetrators of Mumbai terrorist attacks. But many thought it was only posturing and because of geo political situation and war on terrorism, India could not afford to stay away from the negotiating table for too long.
Pakistani government and its supporters are claiming a great ‘success’ in the talks. Some Pakistanis claim Gilani has scored a goal over his old and very experienced rival. For the first time the Pakistani Prime Minister has demonstrated good performance, which could be the result of better preparation and team work.
There is more than one way to look at what is there in the Joint Statement. However one Indian, Aditya, commented in the following words; ‘The joint statement sounds like a virtual surrender by India after the high sounding rhetoric that talks would resume only if the terrorism sponsored from across was stop’.
The meeting between the two teams was a long one, spread over three hours, which included nearly one hour of one to one exchange of views between the Prime Ministers. Pakistanis can claim to have come out jubilant that once again the Indian government because of different influences have agreed to start the dialogue process.
Moreover they have managed to get a kind of ‘admission’ that India has some role in the matters of Balochistan and other turbulent areas of Pakistan. The government of Pakistan has consistently claimed that India was behind the troubles in Balochistan and others areas of FATA and Malakand; and in view of those allegations even to get a reference of ‘Balochistan’ and ‘other areas’ in a joint statement is a big achievement of the Pakistani team.
Conversely Indians can claim that they have managed to avoid a mention of Kashmir in the joint statement; and that is a blow to the Pakistani stand on Kashmir and makes it a laughing stock. It makes people think that government of Pakistan is not serious with the Kashmir dispute; and that their policy changes with time. However Pakistanis can claim that issue of Kashmir is inherently included when the text says: ‘India was ready to discuss all issues with Pakistan, including all outstanding issues’.
Traditionally both countries accuse each other for various terrorist related activities. Pakistan has provided arms, training and other logistic support to those who fight against Indian rule in Kashmir, and India has continually complained against this. But Pakistan has never accepted that they have provided any arms or training, rather they always say we provide ‘political and diplomatic support’.
I have no evidence if India is involved in arming and financing terrorism in Balochistan and other parts of Pakistan, but the joint statement implies that India has some role in it. This is very crucial part of the joint statement, as it is recognition of an Indian involvement in various parts of Pakistan.
Apart from that the Pakistani team claim a victory over India, its past stand and behaviour on dialogue because of the following in the joint statement: ‘Both Prime Ministers recognized that dialogue is the only way forward. Action on terrorism should not be linked to the Composite Dialogue process and these should not be bracketed’.
This appears to be a climb down by India which consistently claimed that the talks could not take place until the perpetrators of Mumbai attacks were punished. Pakistan got resumption of talks by making another promise that they will do "everything in its power” to combat terrorism. Taking this as a victory, Prime Minister Gilani said, "All core issues that were pending under composite dialogue should be discussed... That should not be bracketed with this Mumbai incident."
In the past whenever there was a major ‘terrorist action’ in Jammu and Kashmir or in India, the government of India used to express strong reaction; and at times abandon talks. The above sentence in the text indicates that it will not happen in future. In other words one can deduce that the dialogue process will continue even if a major terrorist action is committed, especially if there is no visible official link to these terrorist actions.
Perhaps the Indian Prime Minister realised this mistake and later on he said: “A composite dialogue cannot begin unless and until the terrorist attacks that shook Mumbai are accounted for and the perpetrators of these heinous crimes brought to book. The starting point of any meaningful dialogue with Pakistan has to have their commitment not to let their territory be used for terrorist activities against India. If acts of terrorism continue to be perpetrated, there is no question of a dialogue, let alone a composite dialogue.”
However this is not what the joint statement says. The joint statement makes no mention of Pakistan's commitment of 6 January 2004, in which Pakistan agreed not to allow its territory to be used for terrorism against India; and the Prime Minister of India’s statement appear to contradict the official joint statement. I hope that assurances given to each other in Sharm El Sheikh are sincere and both parties implement the agreement in letter and spirit
Some commentators claim young and energetic Gilani desperately needed some success to boost his credentials at home and abroad, because many were taking him as a lame duck Prime Minister. He managed to persuade the old and experienced Prime Minister of India that if we don’t resume talks India could have more terrorist attacks as it will weaken his position and strengthen those who believe in gun culture and violence.
That may not be the whole truth. Government of India also wanted to start the dialogue. They could not have remained stubborn and appear uncompromising when Hillary Clinton is due to visit Delhi on her visit to the country, in which both countries expect to conclude big and attractive deals. India wanted to show that they are willing to make compromise and support the war on terrorism.
The Indian Premier in his second term in office wants to make some serious progress and improve relations with the arch rival – Pakistan; so he, like Premier Gilani also went to Sharm El Sheikh with an open mind and with intention to make some progress. Both Prime Ministers were eager for success and to wanted to create this impression that they were serious in their fight against terrorism and to improve bilateral relations. It is because of this Prime Minister Manmohan Singh has apparently given another concession by agreeing to review the Mumbai dossier.
By agreeing to this India has very cleverly put Pakistan in dock and now it is Pakistan’s turn to clean on terrorism and bring culprits to justice. Apart from that Pakistan has to clearly demonstrate that Pakistan is genuine in its fight against terrorism; and resolving all dispute with India through a process of dialogue.
What this means is that America, Britain and other countries with stakes in Pakistan and peace and stability of the region will use their influence to coerce Pakistan to ‘do more’. Prime Minister Gilani appears to be victorious, but in my view that was only a first round, and there are other rounds to be played yet. Outcome of this ‘coercion’ and policy of ‘do more’ together with Secretary Level talks will ultimately determine who has won in Sharm El Sheikh.
Writer is a Spokesman of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs. Email:drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Dr Shabir Choudhry 17 July 2009
On side lines of NAM Summit, Prime Ministers of India and Pakistan met in Egyptian holiday resort of Sharm El Sheikh. Good thing is that they have managed to issue a joint statement as well. This indicates some progress in talks and climb down by India, despite strong and arrogant stand before the talks.
Since the Mumbai carnage in November 2008, India has consistently and emphatically maintained that the dialogue process cannot resume till Pakistan takes "concrete" and "visible" action against perpetrators of Mumbai terrorist attacks. But many thought it was only posturing and because of geo political situation and war on terrorism, India could not afford to stay away from the negotiating table for too long.
Pakistani government and its supporters are claiming a great ‘success’ in the talks. Some Pakistanis claim Gilani has scored a goal over his old and very experienced rival. For the first time the Pakistani Prime Minister has demonstrated good performance, which could be the result of better preparation and team work.
There is more than one way to look at what is there in the Joint Statement. However one Indian, Aditya, commented in the following words; ‘The joint statement sounds like a virtual surrender by India after the high sounding rhetoric that talks would resume only if the terrorism sponsored from across was stop’.
The meeting between the two teams was a long one, spread over three hours, which included nearly one hour of one to one exchange of views between the Prime Ministers. Pakistanis can claim to have come out jubilant that once again the Indian government because of different influences have agreed to start the dialogue process.
Moreover they have managed to get a kind of ‘admission’ that India has some role in the matters of Balochistan and other turbulent areas of Pakistan. The government of Pakistan has consistently claimed that India was behind the troubles in Balochistan and others areas of FATA and Malakand; and in view of those allegations even to get a reference of ‘Balochistan’ and ‘other areas’ in a joint statement is a big achievement of the Pakistani team.
Conversely Indians can claim that they have managed to avoid a mention of Kashmir in the joint statement; and that is a blow to the Pakistani stand on Kashmir and makes it a laughing stock. It makes people think that government of Pakistan is not serious with the Kashmir dispute; and that their policy changes with time. However Pakistanis can claim that issue of Kashmir is inherently included when the text says: ‘India was ready to discuss all issues with Pakistan, including all outstanding issues’.
Traditionally both countries accuse each other for various terrorist related activities. Pakistan has provided arms, training and other logistic support to those who fight against Indian rule in Kashmir, and India has continually complained against this. But Pakistan has never accepted that they have provided any arms or training, rather they always say we provide ‘political and diplomatic support’.
I have no evidence if India is involved in arming and financing terrorism in Balochistan and other parts of Pakistan, but the joint statement implies that India has some role in it. This is very crucial part of the joint statement, as it is recognition of an Indian involvement in various parts of Pakistan.
Apart from that the Pakistani team claim a victory over India, its past stand and behaviour on dialogue because of the following in the joint statement: ‘Both Prime Ministers recognized that dialogue is the only way forward. Action on terrorism should not be linked to the Composite Dialogue process and these should not be bracketed’.
This appears to be a climb down by India which consistently claimed that the talks could not take place until the perpetrators of Mumbai attacks were punished. Pakistan got resumption of talks by making another promise that they will do "everything in its power” to combat terrorism. Taking this as a victory, Prime Minister Gilani said, "All core issues that were pending under composite dialogue should be discussed... That should not be bracketed with this Mumbai incident."
In the past whenever there was a major ‘terrorist action’ in Jammu and Kashmir or in India, the government of India used to express strong reaction; and at times abandon talks. The above sentence in the text indicates that it will not happen in future. In other words one can deduce that the dialogue process will continue even if a major terrorist action is committed, especially if there is no visible official link to these terrorist actions.
Perhaps the Indian Prime Minister realised this mistake and later on he said: “A composite dialogue cannot begin unless and until the terrorist attacks that shook Mumbai are accounted for and the perpetrators of these heinous crimes brought to book. The starting point of any meaningful dialogue with Pakistan has to have their commitment not to let their territory be used for terrorist activities against India. If acts of terrorism continue to be perpetrated, there is no question of a dialogue, let alone a composite dialogue.”
However this is not what the joint statement says. The joint statement makes no mention of Pakistan's commitment of 6 January 2004, in which Pakistan agreed not to allow its territory to be used for terrorism against India; and the Prime Minister of India’s statement appear to contradict the official joint statement. I hope that assurances given to each other in Sharm El Sheikh are sincere and both parties implement the agreement in letter and spirit
Some commentators claim young and energetic Gilani desperately needed some success to boost his credentials at home and abroad, because many were taking him as a lame duck Prime Minister. He managed to persuade the old and experienced Prime Minister of India that if we don’t resume talks India could have more terrorist attacks as it will weaken his position and strengthen those who believe in gun culture and violence.
That may not be the whole truth. Government of India also wanted to start the dialogue. They could not have remained stubborn and appear uncompromising when Hillary Clinton is due to visit Delhi on her visit to the country, in which both countries expect to conclude big and attractive deals. India wanted to show that they are willing to make compromise and support the war on terrorism.
The Indian Premier in his second term in office wants to make some serious progress and improve relations with the arch rival – Pakistan; so he, like Premier Gilani also went to Sharm El Sheikh with an open mind and with intention to make some progress. Both Prime Ministers were eager for success and to wanted to create this impression that they were serious in their fight against terrorism and to improve bilateral relations. It is because of this Prime Minister Manmohan Singh has apparently given another concession by agreeing to review the Mumbai dossier.
By agreeing to this India has very cleverly put Pakistan in dock and now it is Pakistan’s turn to clean on terrorism and bring culprits to justice. Apart from that Pakistan has to clearly demonstrate that Pakistan is genuine in its fight against terrorism; and resolving all dispute with India through a process of dialogue.
What this means is that America, Britain and other countries with stakes in Pakistan and peace and stability of the region will use their influence to coerce Pakistan to ‘do more’. Prime Minister Gilani appears to be victorious, but in my view that was only a first round, and there are other rounds to be played yet. Outcome of this ‘coercion’ and policy of ‘do more’ together with Secretary Level talks will ultimately determine who has won in Sharm El Sheikh.
Writer is a Spokesman of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs. Email:drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Friday, 10 July 2009
It is time to talk
It is time to talk
Dr Shabir Choudhry 10 July 2009
Prime Minister of Pakistan, Yousuf Raza Gilani and his Indian counterpart, Manmohan Singh are due to meet next week in Sharm El Sheikh, Egyptian Red Sea resort. Before their meeting Foreign Secretaries of the both countries will meet to work out a mechanism to kick start the peace process which became causality of the Mumbai carnage perpetrated by terrorists in November 2008.
True, it is time to talk, as that is the only way to resolve disputes and build bridges of trust and confidence. Both countries had many rounds of talks in the past, but have failed to make substantive progress on core issues; however they have made some progress on insignificant issues, although they have their own importance and can help to create conducive environment to resolve bigger disputes.
In fact, on some disputes both countries have been talking since 1947, as is the case with the Kashmir dispute; and with time the dispute gets more and more complicated. We people of Jammu and Kashmir want honourable and dignified solution to the dispute and that is no where in sight. It appears that both countries talk on Kashmir for sake of talks, and not to resolve this dispute.
Apart from that, approach of both countries to resolve the Kashmir dispute is erroneous and out of step with reality. They have treated the Kashmir dispute as a territorial one; whereas the dispute is related to fundamental rights of more than 17 million people, which include our most cherished and inalienable right of self determination.
The Prime Minister of India, Manmohan Singh and President of Pakistan, Asif Zardari met in Russia on 16 June 2009; and in that meeting it was agreed that Foreign Secretaries of both countries should talk to agree on a mechanism to re start the stalled talks. It must be noted that the meeting was only a side show, held when the Shanghai Cooperation Organisation summit in Yekaterinburg was taking place, where both these leaders were present as Observers.
While referring to the meeting in Sharam El Sheikh, Pakistani Foreign Office Spokesman Abdul Basit in his weekly press briefing told journalists in Islamabad that, "We are going with an open mind and hope that the composite dialogue is resumed. We are going to be meeting with a constructive and a positive mind."
It is good to note that they intend to go there with ‘open mind’ and ‘positive mind’. But it makes people think with what kind of mind they used to attend the previous meetings and summits. Moreover what are they going to talk; and how their talk is going to be different to previous talks?
They make lofty claims to end terrorism - fight it tooth and nail, and normalise bilateral relations; but at the same time make plans to promote terrorism in a different geographical location. On one end talks were going on and Indian Prime Minister was received in Lahore where he made epoch making speech and wished to make a new start in South Asia; on the other hand plans to sabotage that process were being finalised in GHQ of Pakistan.
The ‘composite dialogue’ which continued for four years did not produce any tangible results. This resulted in frustration in some quarters; and some sections of the Pakistani establishment were expressing their disappointment and there was even some talk of revival of militancy in Jammu and Kashmir. In Pakistani Administered Kashmir old training camps were being prepared to resume the old job.
Despite the fight against militants in Pakistan, very reliable reports from the local people reveal that militant activities along the LOC, especially in Neelam Valley has increased. This will ultimately result in more problems for the people of Jammu and Kashmir on both sides of the LOC. It appears for some sections of the Pakistani establishment, militant activities in Kashmir are still jihad; and it is terrorism only when bombs go off inside Pakistan.
Last year Mumbai terrorist attacks stunned many, both inside India and outside. Many feared Indian reprisals which could have escalated in to wider military confrontation. Thank God, common sense prevailed and matters did not get out of hand. However this terrorist act, which is believed to have been carried out by Lashker e Taiba, was more than enough to prematurely end the ‘composite dialogue’.
Lashker e Taiba and other terrorist outfits are alleged to have close working relationship with Pakistan’s elite secret agency. Indian claim is that LeT could not have carried out such a sophisticated mission without logistic help and support from this agency. Pakistan on the other hand denies the allegation and strongly asserts that they are also victim of terrorism and are fighting terrorism at home.
Now there is urgent need to start the dialogue process; and this realisation that dialogue must be given another chance is on both sides of the divide. Other friendly countries or those who have stake in peace and stability in the region are also urging both countries to resume the peace process.
The Americans once again feel that in order to eradicate terrorism and win war in Afghanistan, they need to pay some attention to the Kashmir dispute. America’s new Ambassador to New Delhi Timothy Roemer, while replying to Senate Foreign Relations Panel said: “I think it has been an extremely sensitive hotspot for the world and for the region, where we've almost experienced thermonuclear war on several occasions”.
He further said: “It is a delicate and sensitive issue… We would diplomatically encourage that the Pakistanis and the Indians first of all improve their relationship, their ties, their trade, their exchanges, to foster peace and more prosperity in that area between their two countries. Secondly, I think it's important to try to make sure that, where we can, in front of the scenes, behind the scenes, through diplomatic channels, encourage them to talk about this issue and hopefully resolve it between their two countries.”
Whereas I welcome the resumption of the peace process, both countries need to understand that they can resolve all their bilateral issues with this dialogue, but they will never be able to resolve the Kashmir dispute by bilateral talks. People of Jammu and Kashmir are principal party and the most suffering party; and until they are not part of the peace process there will never be any satisfactory solution to the Kashmir dispute and peace in the region.
While they are working out a new mechanism for the resumption of the peace process, they need to do take following points in mind:
1. Bilateral talks should lead to some kind of trilateral talks that people of Jammu and Kashmir are also engaged in the peace process;
2. Intra Kashmir dialogue representing all regions of the State of Jammu and Kashmir should be encouraged and facilitated that some understanding could be reached among them with regard to the future of the State; and that they can select their representatives who can take part in the dialogue to protect and promote interest of the people;
3. Concrete steps should be taken to reduce and eradicate violence and terrorism on both sides of the LOC that suffering of the people could come to an end;
4. And for this purpose terrorists and terrorist infrastructure must be uprooted both from Pakistani Administered Kashmir/ Gilgit and Baltistan and Indian Administered Kashmir that no terrorist action could jeopardise the pace process.
5. Army presence in Kashmir should be reduced that people are not intimidated and their rights are not trampled.
Writer is a Spokesman of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs. Email: drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Dr Shabir Choudhry 10 July 2009
Prime Minister of Pakistan, Yousuf Raza Gilani and his Indian counterpart, Manmohan Singh are due to meet next week in Sharm El Sheikh, Egyptian Red Sea resort. Before their meeting Foreign Secretaries of the both countries will meet to work out a mechanism to kick start the peace process which became causality of the Mumbai carnage perpetrated by terrorists in November 2008.
True, it is time to talk, as that is the only way to resolve disputes and build bridges of trust and confidence. Both countries had many rounds of talks in the past, but have failed to make substantive progress on core issues; however they have made some progress on insignificant issues, although they have their own importance and can help to create conducive environment to resolve bigger disputes.
In fact, on some disputes both countries have been talking since 1947, as is the case with the Kashmir dispute; and with time the dispute gets more and more complicated. We people of Jammu and Kashmir want honourable and dignified solution to the dispute and that is no where in sight. It appears that both countries talk on Kashmir for sake of talks, and not to resolve this dispute.
Apart from that, approach of both countries to resolve the Kashmir dispute is erroneous and out of step with reality. They have treated the Kashmir dispute as a territorial one; whereas the dispute is related to fundamental rights of more than 17 million people, which include our most cherished and inalienable right of self determination.
The Prime Minister of India, Manmohan Singh and President of Pakistan, Asif Zardari met in Russia on 16 June 2009; and in that meeting it was agreed that Foreign Secretaries of both countries should talk to agree on a mechanism to re start the stalled talks. It must be noted that the meeting was only a side show, held when the Shanghai Cooperation Organisation summit in Yekaterinburg was taking place, where both these leaders were present as Observers.
While referring to the meeting in Sharam El Sheikh, Pakistani Foreign Office Spokesman Abdul Basit in his weekly press briefing told journalists in Islamabad that, "We are going with an open mind and hope that the composite dialogue is resumed. We are going to be meeting with a constructive and a positive mind."
It is good to note that they intend to go there with ‘open mind’ and ‘positive mind’. But it makes people think with what kind of mind they used to attend the previous meetings and summits. Moreover what are they going to talk; and how their talk is going to be different to previous talks?
They make lofty claims to end terrorism - fight it tooth and nail, and normalise bilateral relations; but at the same time make plans to promote terrorism in a different geographical location. On one end talks were going on and Indian Prime Minister was received in Lahore where he made epoch making speech and wished to make a new start in South Asia; on the other hand plans to sabotage that process were being finalised in GHQ of Pakistan.
The ‘composite dialogue’ which continued for four years did not produce any tangible results. This resulted in frustration in some quarters; and some sections of the Pakistani establishment were expressing their disappointment and there was even some talk of revival of militancy in Jammu and Kashmir. In Pakistani Administered Kashmir old training camps were being prepared to resume the old job.
Despite the fight against militants in Pakistan, very reliable reports from the local people reveal that militant activities along the LOC, especially in Neelam Valley has increased. This will ultimately result in more problems for the people of Jammu and Kashmir on both sides of the LOC. It appears for some sections of the Pakistani establishment, militant activities in Kashmir are still jihad; and it is terrorism only when bombs go off inside Pakistan.
Last year Mumbai terrorist attacks stunned many, both inside India and outside. Many feared Indian reprisals which could have escalated in to wider military confrontation. Thank God, common sense prevailed and matters did not get out of hand. However this terrorist act, which is believed to have been carried out by Lashker e Taiba, was more than enough to prematurely end the ‘composite dialogue’.
Lashker e Taiba and other terrorist outfits are alleged to have close working relationship with Pakistan’s elite secret agency. Indian claim is that LeT could not have carried out such a sophisticated mission without logistic help and support from this agency. Pakistan on the other hand denies the allegation and strongly asserts that they are also victim of terrorism and are fighting terrorism at home.
Now there is urgent need to start the dialogue process; and this realisation that dialogue must be given another chance is on both sides of the divide. Other friendly countries or those who have stake in peace and stability in the region are also urging both countries to resume the peace process.
The Americans once again feel that in order to eradicate terrorism and win war in Afghanistan, they need to pay some attention to the Kashmir dispute. America’s new Ambassador to New Delhi Timothy Roemer, while replying to Senate Foreign Relations Panel said: “I think it has been an extremely sensitive hotspot for the world and for the region, where we've almost experienced thermonuclear war on several occasions”.
He further said: “It is a delicate and sensitive issue… We would diplomatically encourage that the Pakistanis and the Indians first of all improve their relationship, their ties, their trade, their exchanges, to foster peace and more prosperity in that area between their two countries. Secondly, I think it's important to try to make sure that, where we can, in front of the scenes, behind the scenes, through diplomatic channels, encourage them to talk about this issue and hopefully resolve it between their two countries.”
Whereas I welcome the resumption of the peace process, both countries need to understand that they can resolve all their bilateral issues with this dialogue, but they will never be able to resolve the Kashmir dispute by bilateral talks. People of Jammu and Kashmir are principal party and the most suffering party; and until they are not part of the peace process there will never be any satisfactory solution to the Kashmir dispute and peace in the region.
While they are working out a new mechanism for the resumption of the peace process, they need to do take following points in mind:
1. Bilateral talks should lead to some kind of trilateral talks that people of Jammu and Kashmir are also engaged in the peace process;
2. Intra Kashmir dialogue representing all regions of the State of Jammu and Kashmir should be encouraged and facilitated that some understanding could be reached among them with regard to the future of the State; and that they can select their representatives who can take part in the dialogue to protect and promote interest of the people;
3. Concrete steps should be taken to reduce and eradicate violence and terrorism on both sides of the LOC that suffering of the people could come to an end;
4. And for this purpose terrorists and terrorist infrastructure must be uprooted both from Pakistani Administered Kashmir/ Gilgit and Baltistan and Indian Administered Kashmir that no terrorist action could jeopardise the pace process.
5. Army presence in Kashmir should be reduced that people are not intimidated and their rights are not trampled.
Writer is a Spokesman of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs. Email: drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Saturday, 27 June 2009
When drones will visit Pakistani controlled Kashmir
When drones will visit Pakistani controlled Kashmir
Dr Shabir Choudhry 27 June 2009
Jihad and jihadi groups and their infrastructure have always been present in Pakistani controlled Kashmir, in fact, these areas came under control of Pakistan through use of tribesmen in name of Jihad; however a suicide attack in Muzaffarabad, capital of this area is totally new phenomenon.
According to unconfirmed reports four people, including army men died and around twenty were injured; but ISPR statement claimed: `Two soldiers embraced shahadat while three others were injured when early this morning a suicide bomber exploded himself against an Army vehicle closed to Shaukat lines, Muzaffarabad'.
In situations like this, normal practise is to blame India and its agencies, as they blame Pakistani agencies for incidents of terrorism in India and in Jammu and Kashmir; but before it could happen Tehrik-e-Taliban Pakistan (TTP) claimed responsibility for the attack. Baitullah Mehsud’s deputy, Hakimullah Mehsud, while claiming responsibility for the attack said, ‘the attack was launched to show TTP's power’.
As soon as I heard this tragic news I phoned a Kashmiri friend who is well connected and has always been very critical of this ‘jihad’ and the jihadi forces who have no discipline, accountability and sense of responsibility. “So jihad has reached Muzaffarabad”, he retorted.
I was not expecting this from him so I asked him what he meant by that. He said: “This jihad, its teaching, its recruitment, its training and its launching to other areas in the region has proved to be very rewarding. Jihadi forces enjoyed special privileges and were perceived as above the law. They dominated the society, harassed innocent people, and dictated their terms because the government of Pakistan, its agencies and their puppets in Azad Kashmir provided all kinds of support to them. I was sure that one day this jihad will visit areas where it nourished and flourished; and probably teach new lessons to teachers and promoters of jihad”.
I was stunned by all this. How could you say that? Do you know people have been killed and militancy could destabilise this peaceful area, I said. He angrily interrupted me and said: “Why didn’t you think of this when you people set up militant camps in this area and launched terrorism in Kashmir Valley and elsewhere? Didn’t that destroy peace of those regions? Why did you remain quiet at that time?”
He was correct. Most of us one way or the other supported militancy in name of jihad or freedom struggle. I tried to wriggle out of this by saying that situation at that time was different; and that now demands of the struggle have changed. I added that we must change our tactics according to situation.
“Don’t play with words”, he interrupted me again. “Situation in human societies never stays same, and people like you take advantage of the changing situation. When it suited you people, it was jihad. When bombs were killing innocent people and destroying and destabilising other areas it was jihad. But when what was done in holy name of jihad got out of control and, bombs started to drop in various parts of Pakistan it became terrorism and shar pasandi.”
He paused for a second and ignored my request to talk. “Millions of dollars were spent to propagate jihad and militancy and its rewards. I don’t know those who have lost their lives in name of this jihad will get heaven or not but they have turned this region in to hell. Nearly three decades of open support and nourishment of terrorism in name of jihad and struggle has helped to assert its influence in every corner of Pakistan; and it could not be rooted out in days, weeks or months. Even if the authorities in Pakistan are serious and sincere in this fight; and their strategies are also correct, it will still take them many years to root it out. And who knows geo political interests and situation will change again, demanding different approach”.
I thought it is best not to tread on this path and not to provoke him. So I expressed my agreement with him that mistakes were made in the past, and that we must ensure that rule of law and basic human rights are not trampled.
He did not bite this. “No Dr Sahib, you are wrong again. It was not a mistake; and those responsible for all this do not show any remorse or even regard it a mistake. It was their deliberate and considered policy; and take it from me that policy has not changed, only their strategy has changed because of so many pressures and changes in situation.”
“Those who devised this policy of jihad and exported it to other areas”, he said, “Still openly support it. They take pride in the fact that they defeated a superpower with that jihad. They still think jihad is the only solution to the problems of Kashmir and Afghanistan; and that they have every right to continue jihad on the Indian side of Kashmir”.
However, despite all the evils the Pakistani society has, this group of people don’t want anyone to wage a ‘jihad’ against Pakistan, even when someone wants to have an Islamic laws, as that will be construed as challenge to the writ of government and brutally crushed. This group doesn’t give same right to other governments to crush those who challenge writ of the government in their countries.
He said call them Talibans, terrorists or militants, by and large they are still safe. No doubt they have suffered losses, and their structure is disrupted, but they have managed to disperse and move out to other areas. Majority of those who have been killed or uprooted from their homes are innocent people. Thousands of militants have moved to adjacent areas of Gilgit and Baltistan, Azad Kashmir and other areas of Pakistan from where they will strike back.
He said around 26 people were arrested by Pakistani special forces fighting terrorism from Mirpur and Khaliqabad - areas of Azad Kashmir about two weeks ago. A large quantity of arms was also confiscated from three locations in Mirpur district, including a place called Jatalan. It is claimed that the target was Mangla Dam and Jatalan head works.
I was shaken for a moment with the prospect of blowing up of the Mangla Dam and its huge impact on people of the area and people of Pakistan. This would have given a licence to the Pakistani secret agencies to oppress Kashmiri nationalists in the area and crush the movement for independence.
Fearing the worst for my area, which is near Jatalan and Mirpur, I asked him what would be the outcome of all this. This is not to suggest that I had no concern for other areas. This news that thousands of militants have illegally entered areas of Gilgit and Baltistan worried me. My local contacts also confirmed presence of these militants, and that the local people were intimidated and they feared the worst. They feared that the Pakistani secret agencies will use this as a pretext and root out nationalists who oppose the Pakistani rule in this area.
In reply to my question he said, “Muzaffarabad suicide attack is the first one but it won’t be the last one”. He said situation in these areas is going to get worse. Presence of militants and their infrastructure in Azad Kashmir and Gilgit and Baltistan is a known fact. Battleground could shift and this infrastructure will be taken out. America has ‘God - given right’ to attack with drones any area where they think high value targets are hiding. What if they think some of these high value targets are hiding in Gilgit and Baltistan, which could be true, and then there is every chance that drones will strike in these areas?
This was frightening. He had a valid point. If thousands of militants have entered areas of Gilgit and Baltistan, whether drones come or not it is enough for the secret agencies of Pakistan to round up all those who are on their list as ‘trouble makers’ or ‘undesirables’. The government of Pakistan knows that people of Gilgit and Baltistan are against their rule and suppression of fundamental human rights. They also know that people have finally decided to oppose their policy of exploitation and oppose construction of dams in areas of Gilgit and Baltistan.
The presence of terrorists and Taliban in Gilgit and Baltistan, true or not, will provide an excuse to the authorities in Islamabad and to those who want to establish their unquestionable writ, and have their way in these areas will be tempted to strike at roots of nationalism of people of these areas, hence more trouble and misery. May Allah Almighty help us?
Writer is a Spokesman of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs. Email:drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Dr Shabir Choudhry 27 June 2009
Jihad and jihadi groups and their infrastructure have always been present in Pakistani controlled Kashmir, in fact, these areas came under control of Pakistan through use of tribesmen in name of Jihad; however a suicide attack in Muzaffarabad, capital of this area is totally new phenomenon.
According to unconfirmed reports four people, including army men died and around twenty were injured; but ISPR statement claimed: `Two soldiers embraced shahadat while three others were injured when early this morning a suicide bomber exploded himself against an Army vehicle closed to Shaukat lines, Muzaffarabad'.
In situations like this, normal practise is to blame India and its agencies, as they blame Pakistani agencies for incidents of terrorism in India and in Jammu and Kashmir; but before it could happen Tehrik-e-Taliban Pakistan (TTP) claimed responsibility for the attack. Baitullah Mehsud’s deputy, Hakimullah Mehsud, while claiming responsibility for the attack said, ‘the attack was launched to show TTP's power’.
As soon as I heard this tragic news I phoned a Kashmiri friend who is well connected and has always been very critical of this ‘jihad’ and the jihadi forces who have no discipline, accountability and sense of responsibility. “So jihad has reached Muzaffarabad”, he retorted.
I was not expecting this from him so I asked him what he meant by that. He said: “This jihad, its teaching, its recruitment, its training and its launching to other areas in the region has proved to be very rewarding. Jihadi forces enjoyed special privileges and were perceived as above the law. They dominated the society, harassed innocent people, and dictated their terms because the government of Pakistan, its agencies and their puppets in Azad Kashmir provided all kinds of support to them. I was sure that one day this jihad will visit areas where it nourished and flourished; and probably teach new lessons to teachers and promoters of jihad”.
I was stunned by all this. How could you say that? Do you know people have been killed and militancy could destabilise this peaceful area, I said. He angrily interrupted me and said: “Why didn’t you think of this when you people set up militant camps in this area and launched terrorism in Kashmir Valley and elsewhere? Didn’t that destroy peace of those regions? Why did you remain quiet at that time?”
He was correct. Most of us one way or the other supported militancy in name of jihad or freedom struggle. I tried to wriggle out of this by saying that situation at that time was different; and that now demands of the struggle have changed. I added that we must change our tactics according to situation.
“Don’t play with words”, he interrupted me again. “Situation in human societies never stays same, and people like you take advantage of the changing situation. When it suited you people, it was jihad. When bombs were killing innocent people and destroying and destabilising other areas it was jihad. But when what was done in holy name of jihad got out of control and, bombs started to drop in various parts of Pakistan it became terrorism and shar pasandi.”
He paused for a second and ignored my request to talk. “Millions of dollars were spent to propagate jihad and militancy and its rewards. I don’t know those who have lost their lives in name of this jihad will get heaven or not but they have turned this region in to hell. Nearly three decades of open support and nourishment of terrorism in name of jihad and struggle has helped to assert its influence in every corner of Pakistan; and it could not be rooted out in days, weeks or months. Even if the authorities in Pakistan are serious and sincere in this fight; and their strategies are also correct, it will still take them many years to root it out. And who knows geo political interests and situation will change again, demanding different approach”.
I thought it is best not to tread on this path and not to provoke him. So I expressed my agreement with him that mistakes were made in the past, and that we must ensure that rule of law and basic human rights are not trampled.
He did not bite this. “No Dr Sahib, you are wrong again. It was not a mistake; and those responsible for all this do not show any remorse or even regard it a mistake. It was their deliberate and considered policy; and take it from me that policy has not changed, only their strategy has changed because of so many pressures and changes in situation.”
“Those who devised this policy of jihad and exported it to other areas”, he said, “Still openly support it. They take pride in the fact that they defeated a superpower with that jihad. They still think jihad is the only solution to the problems of Kashmir and Afghanistan; and that they have every right to continue jihad on the Indian side of Kashmir”.
However, despite all the evils the Pakistani society has, this group of people don’t want anyone to wage a ‘jihad’ against Pakistan, even when someone wants to have an Islamic laws, as that will be construed as challenge to the writ of government and brutally crushed. This group doesn’t give same right to other governments to crush those who challenge writ of the government in their countries.
He said call them Talibans, terrorists or militants, by and large they are still safe. No doubt they have suffered losses, and their structure is disrupted, but they have managed to disperse and move out to other areas. Majority of those who have been killed or uprooted from their homes are innocent people. Thousands of militants have moved to adjacent areas of Gilgit and Baltistan, Azad Kashmir and other areas of Pakistan from where they will strike back.
He said around 26 people were arrested by Pakistani special forces fighting terrorism from Mirpur and Khaliqabad - areas of Azad Kashmir about two weeks ago. A large quantity of arms was also confiscated from three locations in Mirpur district, including a place called Jatalan. It is claimed that the target was Mangla Dam and Jatalan head works.
I was shaken for a moment with the prospect of blowing up of the Mangla Dam and its huge impact on people of the area and people of Pakistan. This would have given a licence to the Pakistani secret agencies to oppress Kashmiri nationalists in the area and crush the movement for independence.
Fearing the worst for my area, which is near Jatalan and Mirpur, I asked him what would be the outcome of all this. This is not to suggest that I had no concern for other areas. This news that thousands of militants have illegally entered areas of Gilgit and Baltistan worried me. My local contacts also confirmed presence of these militants, and that the local people were intimidated and they feared the worst. They feared that the Pakistani secret agencies will use this as a pretext and root out nationalists who oppose the Pakistani rule in this area.
In reply to my question he said, “Muzaffarabad suicide attack is the first one but it won’t be the last one”. He said situation in these areas is going to get worse. Presence of militants and their infrastructure in Azad Kashmir and Gilgit and Baltistan is a known fact. Battleground could shift and this infrastructure will be taken out. America has ‘God - given right’ to attack with drones any area where they think high value targets are hiding. What if they think some of these high value targets are hiding in Gilgit and Baltistan, which could be true, and then there is every chance that drones will strike in these areas?
This was frightening. He had a valid point. If thousands of militants have entered areas of Gilgit and Baltistan, whether drones come or not it is enough for the secret agencies of Pakistan to round up all those who are on their list as ‘trouble makers’ or ‘undesirables’. The government of Pakistan knows that people of Gilgit and Baltistan are against their rule and suppression of fundamental human rights. They also know that people have finally decided to oppose their policy of exploitation and oppose construction of dams in areas of Gilgit and Baltistan.
The presence of terrorists and Taliban in Gilgit and Baltistan, true or not, will provide an excuse to the authorities in Islamabad and to those who want to establish their unquestionable writ, and have their way in these areas will be tempted to strike at roots of nationalism of people of these areas, hence more trouble and misery. May Allah Almighty help us?
Writer is a Spokesman of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs. Email:drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Thursday, 18 June 2009
Contradictions in a war against terrorism
Contradictions in a war against terrorism
Dr Shabir Choudhry 18 June 2009
Summary of Dr Shabir Choudhry’s speech made in a seminar organised by Interfaith International during eleventh session of the UN Human Rights Council on 10 June 2009.
It is good to note that government of Pakistan has expressed its determination to root out terrorism and extremism. They have shown their determination by conducting a military operation in Swat and other parts of Malakand Division. No one is sure how many terrorists have been killed in this operation; however one thing is sure that it has killed thousands of innocent people, and uprooted more than three millions from their homes.
The operation was started in hurry and without appropriate preparations; and as a result of that more than three million of people are languishing in camps without appropriate help and support. The hurriedly started operation helped the authorities to win support of the concerned quarters that Pakistan was serious in its resolve to fight against terrorism, but I am not convinced if it will help to defeat terrorism and extremism.
I disagree with those who claim that Pakistan will not get anything out of this war. The government is getting plenty of dollars to fight this war; just like the previous government did. The present government could not have got new funds for doing the same job for which the previous government already received the funds and did not complete the tasks.
This government had to go out in force and show that it meant business; and for that if innocent Pakistanis lose lives it doesn’t bother the ruling elite, as long as they are appropriately rewarded for this. To make things better for the ruling elite, millions of people languishing in camps will help them to attract more foreign funds, hence more embezzlement.
I respectfully disagree with those who say that the uprooted people should be settled in areas of Gilgit and Baltistan. True these areas are beautiful, weather is cold and are adjacent to the Malakand Division, but let me make it clear that we don’t want any of these people, as we already have too many Pakistanis illegally settled in our homeland. These Pakistanis are settled there in clear violation of State Subject Laws. These outsiders not only dominate economy of Gilgit and Baltistan, but also meddle in social, cultural and politics of the area.
Apart from that problems of Pakistan, be it related to violence, extremism or uprooting of people are created by the ruling elite of Pakistan; and they should resolve these issues without being burden on others. Uprooted people are Pakistanis, we feel sorry for their miseries, but they should be housed inside the territory of Pakistan. If they are housed inside the Kashmiri territory – Gilgit and Baltistan, then that will add to our problems; and might lead to more communalism, violence and extremism.
In my view internally displaced people, uprooted from cold and beautiful areas of Pakistan shall stay for long time in these camps, as there presence will help the ruling elite to beg for more money. We note with regret that people who were uprooted because of the earthquake some years ago still have not been housed, and they are also still languishing in camps in various parts of Pakistani Administered Kashmir.
No doubt junior and middle ranking officers of the Pakistan army are serious in this war; and they are suffering causalities. People are getting killed on both sides. But many Pakistanis still think it was never their war; and Pakistani authorities had to work really hard to make it their own war.
Despite all the killings and suffering, I believe Pakistan cannot win this war, as there are clear contradictions in their policy. On one hand Pakistan appears to be actively engaged in the fight against terrorism, but on the other hand leaders with history of terrorism and violence are enjoying their freedom. Moreover Lashker E Tayeba, a banned terrorist group has purchased a land of 200 kanals in district Muzaffarabad in Pakistani Administered Kashmir.
This land transaction could only be done with the help of Pakistani establishment, as legally no Pakistani individual or organisation could purchase land in any part of the State. It is clear that Lashker E Tayeba is known for its terrorism and violence and could not be expected to run courses on peace studies, conflict resolution or human rights.
I met the journalist who broke the news about this land purchase and interviewed him during my recent visit to Muzaffarabad and Neelam Valley. He was threatened with sever consequences by different secret agencies of Pakistan if he did not keep his mouth shut. Apart from that the local people I met in the Neelam Valley confirmed that militants were still crossing the LOC. Of course these people were not infiltrating with intention of promoting peace and goodwill.
My concern and concern of other true nationalists of Kashmir is that because of this infiltration and land transfer people of Jammu and Kashmir will suffer on both sides of the LOC; therefore it must be stopped immediately.
This clearly shows that the Pakistani government still has two conflicting policies on terrorism and violence. Apart from that children and other relatives of those killed in this operation will resort to violence and extremism. There is also danger that terrorists or Taliban might have taken refuge in these camps and might spread to other towns and cities to promote their cause. Moreover this policy of arming people in name of ‘lashkers to fight Taliban’ is another policy to create more terrorists. End
The Seminar was also addressed by Sardar Shaukat Kashmiri, Chairman UKPNP, Hamid Khan, Chairman BNF, Suraiya Makhdoom from Sind, Munawer Laghari, from Sind and Dr Sekhlon Singh from Canada. Dr Charles Graves, Secretary General Interfaith Chaired the session and Nasir Aziz moderated it.
Writer is a Spokesman of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs.
Email:drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Dr Shabir Choudhry 18 June 2009
Summary of Dr Shabir Choudhry’s speech made in a seminar organised by Interfaith International during eleventh session of the UN Human Rights Council on 10 June 2009.
It is good to note that government of Pakistan has expressed its determination to root out terrorism and extremism. They have shown their determination by conducting a military operation in Swat and other parts of Malakand Division. No one is sure how many terrorists have been killed in this operation; however one thing is sure that it has killed thousands of innocent people, and uprooted more than three millions from their homes.
The operation was started in hurry and without appropriate preparations; and as a result of that more than three million of people are languishing in camps without appropriate help and support. The hurriedly started operation helped the authorities to win support of the concerned quarters that Pakistan was serious in its resolve to fight against terrorism, but I am not convinced if it will help to defeat terrorism and extremism.
I disagree with those who claim that Pakistan will not get anything out of this war. The government is getting plenty of dollars to fight this war; just like the previous government did. The present government could not have got new funds for doing the same job for which the previous government already received the funds and did not complete the tasks.
This government had to go out in force and show that it meant business; and for that if innocent Pakistanis lose lives it doesn’t bother the ruling elite, as long as they are appropriately rewarded for this. To make things better for the ruling elite, millions of people languishing in camps will help them to attract more foreign funds, hence more embezzlement.
I respectfully disagree with those who say that the uprooted people should be settled in areas of Gilgit and Baltistan. True these areas are beautiful, weather is cold and are adjacent to the Malakand Division, but let me make it clear that we don’t want any of these people, as we already have too many Pakistanis illegally settled in our homeland. These Pakistanis are settled there in clear violation of State Subject Laws. These outsiders not only dominate economy of Gilgit and Baltistan, but also meddle in social, cultural and politics of the area.
Apart from that problems of Pakistan, be it related to violence, extremism or uprooting of people are created by the ruling elite of Pakistan; and they should resolve these issues without being burden on others. Uprooted people are Pakistanis, we feel sorry for their miseries, but they should be housed inside the territory of Pakistan. If they are housed inside the Kashmiri territory – Gilgit and Baltistan, then that will add to our problems; and might lead to more communalism, violence and extremism.
In my view internally displaced people, uprooted from cold and beautiful areas of Pakistan shall stay for long time in these camps, as there presence will help the ruling elite to beg for more money. We note with regret that people who were uprooted because of the earthquake some years ago still have not been housed, and they are also still languishing in camps in various parts of Pakistani Administered Kashmir.
No doubt junior and middle ranking officers of the Pakistan army are serious in this war; and they are suffering causalities. People are getting killed on both sides. But many Pakistanis still think it was never their war; and Pakistani authorities had to work really hard to make it their own war.
Despite all the killings and suffering, I believe Pakistan cannot win this war, as there are clear contradictions in their policy. On one hand Pakistan appears to be actively engaged in the fight against terrorism, but on the other hand leaders with history of terrorism and violence are enjoying their freedom. Moreover Lashker E Tayeba, a banned terrorist group has purchased a land of 200 kanals in district Muzaffarabad in Pakistani Administered Kashmir.
This land transaction could only be done with the help of Pakistani establishment, as legally no Pakistani individual or organisation could purchase land in any part of the State. It is clear that Lashker E Tayeba is known for its terrorism and violence and could not be expected to run courses on peace studies, conflict resolution or human rights.
I met the journalist who broke the news about this land purchase and interviewed him during my recent visit to Muzaffarabad and Neelam Valley. He was threatened with sever consequences by different secret agencies of Pakistan if he did not keep his mouth shut. Apart from that the local people I met in the Neelam Valley confirmed that militants were still crossing the LOC. Of course these people were not infiltrating with intention of promoting peace and goodwill.
My concern and concern of other true nationalists of Kashmir is that because of this infiltration and land transfer people of Jammu and Kashmir will suffer on both sides of the LOC; therefore it must be stopped immediately.
This clearly shows that the Pakistani government still has two conflicting policies on terrorism and violence. Apart from that children and other relatives of those killed in this operation will resort to violence and extremism. There is also danger that terrorists or Taliban might have taken refuge in these camps and might spread to other towns and cities to promote their cause. Moreover this policy of arming people in name of ‘lashkers to fight Taliban’ is another policy to create more terrorists. End
The Seminar was also addressed by Sardar Shaukat Kashmiri, Chairman UKPNP, Hamid Khan, Chairman BNF, Suraiya Makhdoom from Sind, Munawer Laghari, from Sind and Dr Sekhlon Singh from Canada. Dr Charles Graves, Secretary General Interfaith Chaired the session and Nasir Aziz moderated it.
Writer is a Spokesman of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs.
Email:drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Tuesday, 16 June 2009
Status of Indian and Pakistani army in Jammu and Kashmir
Status of Indian and Pakistani army in Jammu and Kashmir
Dr Shabir Choudhry 16 June 2009
Dr Nazir Gilani is among a few Kashmiris who regularly write on Kashmir and human rights abuse. He, at times, comes out with new phrases, which provide a new dimension to debates. In response to my article, ‘Another own goal’, he made an interesting remark:
‘India is not an occupier in Kashmir. She is there as the consequence of a provisional agreement with the Government of Kashmir. The jurisprudence of this provisional agreement is accepted by the Government of Pakistan in all her bilateral agreements with the Government of India, namely, Tashkent Accord and Shimla Accord’.
This observation gave a new dimension to the debate and requires further consideration. The Indian army came to Jammu and Kashmir not as army of invasion; rather they came on request of the Maharaja of Jammu and Kashmir. On 22 October 1947 some parts of the State were invaded by unruly tribal warriors, killing and pillaging on their way to Srinagar, the Maharaja’s forces were not able to defend the State territory. The Maharaja had two choices: either let these tribesmen run over the country and destroy everything or seek help from India – he chose the later.
The Maharaja could not have got help from the government of Pakistan as they betrayed his trust; and despite the Standstill Agreement with the Maharaja, they stopped all the necessary supplies to the State and managed the tribal invasion to punish the Maharaja for not yielding to the demands of the Pakistani rulers who wanted State’s accession to Pakistan.
The Maharaja requested help from India, and signed an accession treaty on 26th October 1947, which was ‘provisionally’ accepted by the government of India. In line with the request of the Maharaja the Indian forces landed in Srinagar on 27th October 1947. Their primary purpose was to save the State from the invaders; and protect ‘life’, ‘liberty’ and ‘property’.
So Dr Nazir Gilani’s contention is that the Indian army did not invade the State, rather they went there on the request of the Ruler of Jammu and Kashmir, and went there to protect the state from invasion. They had a specific role to perform in the State. What they did there, wrong as it might be, does not change the legal position of the army’s presence.
In reply to some of the criticism, in my next article - It is a matter of perspective- I said: ‘He (Dr Nazir Gilani) is entitled to express his opinion and defend it. Others have a right to accept it, remain silent or challenge it. Question, however, is if the Indian army, using Dr Nazir Gilani’s phrase, is not ‘an occupying force’ then logically it is a ‘legal force’. If that is so, then what is the problem? Why people of Kashmir are complaining and protesting?
I don’t know how many takers there will be for this argument in Jammu and Kashmir, and especially on the Indian side of the LOC. Also I don’t know how many people will direct their wisdom and experience to elaborate this point to the satisfaction of those who have serious grievances.
Another friend and a colleague in struggle, Mumtaz Khan, also cared to read that article and made the following comments: ‘The other point that didn’t fit into nationalistic profile of Shabir Sahib when he specifically sought opinion of Valley people on the observations of Gilani Sahib that is very much against the very essence of nationalism especially what Shabir Sahib believe in entire state Jammu and Kashmir as single entity but trying to localize it which opponent forces normally practice to keep this division alive. I do not mean to doubt his intentions but words normally create such impression’.
Perhaps my friend didn’t read carefully to note that I never used the word ‘Valley’ in that paragraph. I said: ‘I don’t know how many takers there will be for this argument in Jammu and Kashmir, and especially on the Indian side of the LOC’. Jammu and Kashmir does not mean the ‘Valley’. Similarly the phrase ‘on the Indian side of the LOC’ does not stand for the ‘Valley’.
Anyhow the fact is that many parts of the State have no complaints from the presence of the Indian army. For example, people of Gilgit and Baltistan have no problem with the Indian army. I have spoken to some leaders from Gilgit and Baltistan on the topic; they clearly have no problem from the Indian army. However their problem is related to the presence of the Pakistan army in Gilgit and Baltistan and many regard it as an army of occupation.
Similarly people of Ladakh have no problem with the presence of the Indian army in Jammu and Kashmir. I have spoken to many people from Jammu, and they seem to have no serious issue with the presence of the Indian army. However they had a serious problem with the presence of militants, many of them non Kashmiris, in parts of the Jammu region and wanted the Indian army to root them out.
Majority of people of Pakistani Administered Kashmir criticise what their brothers and sisters have to endure in the Valley, but have no direct problem with the presence of the Indian army (cross border skirmishes and firing created problems for the people, but that generally happened when there was infiltration taking place or when there was tension on the LOC which is manned by the Pakistan army from the other side).
That leaves us with the Valley of Kashmir, main part of the State in many ways; and which has faced wrath of the Indian army since 1989. The Indian army’s relationship with the Valley has been different from other areas of the State; hence majority of the people, especially in 1990s regarded the Indian army as ‘army of occupation’. I was referring to this fact rather than undermining struggle for unification and independence of the State, which has always been close to my heart.
After this explanation it would be pertinent to analyse the legal status of the Pakistani army in some parts of the State. Unlike the Indian army, the Pakistani army was never invited by a Ruler or any legitimate authority to enter the territory of the State of Jammu and Kashmir. Under terms of the Standstill Agreement, Pakistan was responsible for providing certain non military services which the government of the Punjab provided during the British Raj.
But despite the Standstill Agreement Pakistani government managed a ‘Tribal invasion’ to acquire Jammu and Kashmir. Unofficially Pakistani army and civilians entered the state territory to support and direct the tribal invasion. Officially Pakistani troops entered the State territory in April 1948, not on the request of Kashmiris, but to safeguard their strategic and other national interests.
The UN Security Council took a serious notice of illegal entry of the Pakistani troops in the State territory; and the UNCIP Resolution of 13 August 1948 explains this situation in the following words:
A. (l) As the presence of troops of Pakistan in the territory of the State of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council, the Government of Pakistan agrees to withdraw its troops from that State.
(2) The Government of Pakistan will use its best endeavor to secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistan nationals not normally resident therein who have entered the State for the purpose of fighting.
I hope this explanation will help readers to understand legal status of both armies at the time of their entry in to the State territory. Their presence and role in the respective parts is subject of much controversy and resentment, but that is a separate topic.
Writer is a Spokesman of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs.
Email:drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
Dr Shabir Choudhry 16 June 2009
Dr Nazir Gilani is among a few Kashmiris who regularly write on Kashmir and human rights abuse. He, at times, comes out with new phrases, which provide a new dimension to debates. In response to my article, ‘Another own goal’, he made an interesting remark:
‘India is not an occupier in Kashmir. She is there as the consequence of a provisional agreement with the Government of Kashmir. The jurisprudence of this provisional agreement is accepted by the Government of Pakistan in all her bilateral agreements with the Government of India, namely, Tashkent Accord and Shimla Accord’.
This observation gave a new dimension to the debate and requires further consideration. The Indian army came to Jammu and Kashmir not as army of invasion; rather they came on request of the Maharaja of Jammu and Kashmir. On 22 October 1947 some parts of the State were invaded by unruly tribal warriors, killing and pillaging on their way to Srinagar, the Maharaja’s forces were not able to defend the State territory. The Maharaja had two choices: either let these tribesmen run over the country and destroy everything or seek help from India – he chose the later.
The Maharaja could not have got help from the government of Pakistan as they betrayed his trust; and despite the Standstill Agreement with the Maharaja, they stopped all the necessary supplies to the State and managed the tribal invasion to punish the Maharaja for not yielding to the demands of the Pakistani rulers who wanted State’s accession to Pakistan.
The Maharaja requested help from India, and signed an accession treaty on 26th October 1947, which was ‘provisionally’ accepted by the government of India. In line with the request of the Maharaja the Indian forces landed in Srinagar on 27th October 1947. Their primary purpose was to save the State from the invaders; and protect ‘life’, ‘liberty’ and ‘property’.
So Dr Nazir Gilani’s contention is that the Indian army did not invade the State, rather they went there on the request of the Ruler of Jammu and Kashmir, and went there to protect the state from invasion. They had a specific role to perform in the State. What they did there, wrong as it might be, does not change the legal position of the army’s presence.
In reply to some of the criticism, in my next article - It is a matter of perspective- I said: ‘He (Dr Nazir Gilani) is entitled to express his opinion and defend it. Others have a right to accept it, remain silent or challenge it. Question, however, is if the Indian army, using Dr Nazir Gilani’s phrase, is not ‘an occupying force’ then logically it is a ‘legal force’. If that is so, then what is the problem? Why people of Kashmir are complaining and protesting?
I don’t know how many takers there will be for this argument in Jammu and Kashmir, and especially on the Indian side of the LOC. Also I don’t know how many people will direct their wisdom and experience to elaborate this point to the satisfaction of those who have serious grievances.
Another friend and a colleague in struggle, Mumtaz Khan, also cared to read that article and made the following comments: ‘The other point that didn’t fit into nationalistic profile of Shabir Sahib when he specifically sought opinion of Valley people on the observations of Gilani Sahib that is very much against the very essence of nationalism especially what Shabir Sahib believe in entire state Jammu and Kashmir as single entity but trying to localize it which opponent forces normally practice to keep this division alive. I do not mean to doubt his intentions but words normally create such impression’.
Perhaps my friend didn’t read carefully to note that I never used the word ‘Valley’ in that paragraph. I said: ‘I don’t know how many takers there will be for this argument in Jammu and Kashmir, and especially on the Indian side of the LOC’. Jammu and Kashmir does not mean the ‘Valley’. Similarly the phrase ‘on the Indian side of the LOC’ does not stand for the ‘Valley’.
Anyhow the fact is that many parts of the State have no complaints from the presence of the Indian army. For example, people of Gilgit and Baltistan have no problem with the Indian army. I have spoken to some leaders from Gilgit and Baltistan on the topic; they clearly have no problem from the Indian army. However their problem is related to the presence of the Pakistan army in Gilgit and Baltistan and many regard it as an army of occupation.
Similarly people of Ladakh have no problem with the presence of the Indian army in Jammu and Kashmir. I have spoken to many people from Jammu, and they seem to have no serious issue with the presence of the Indian army. However they had a serious problem with the presence of militants, many of them non Kashmiris, in parts of the Jammu region and wanted the Indian army to root them out.
Majority of people of Pakistani Administered Kashmir criticise what their brothers and sisters have to endure in the Valley, but have no direct problem with the presence of the Indian army (cross border skirmishes and firing created problems for the people, but that generally happened when there was infiltration taking place or when there was tension on the LOC which is manned by the Pakistan army from the other side).
That leaves us with the Valley of Kashmir, main part of the State in many ways; and which has faced wrath of the Indian army since 1989. The Indian army’s relationship with the Valley has been different from other areas of the State; hence majority of the people, especially in 1990s regarded the Indian army as ‘army of occupation’. I was referring to this fact rather than undermining struggle for unification and independence of the State, which has always been close to my heart.
After this explanation it would be pertinent to analyse the legal status of the Pakistani army in some parts of the State. Unlike the Indian army, the Pakistani army was never invited by a Ruler or any legitimate authority to enter the territory of the State of Jammu and Kashmir. Under terms of the Standstill Agreement, Pakistan was responsible for providing certain non military services which the government of the Punjab provided during the British Raj.
But despite the Standstill Agreement Pakistani government managed a ‘Tribal invasion’ to acquire Jammu and Kashmir. Unofficially Pakistani army and civilians entered the state territory to support and direct the tribal invasion. Officially Pakistani troops entered the State territory in April 1948, not on the request of Kashmiris, but to safeguard their strategic and other national interests.
The UN Security Council took a serious notice of illegal entry of the Pakistani troops in the State territory; and the UNCIP Resolution of 13 August 1948 explains this situation in the following words:
A. (l) As the presence of troops of Pakistan in the territory of the State of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council, the Government of Pakistan agrees to withdraw its troops from that State.
(2) The Government of Pakistan will use its best endeavor to secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistan nationals not normally resident therein who have entered the State for the purpose of fighting.
I hope this explanation will help readers to understand legal status of both armies at the time of their entry in to the State territory. Their presence and role in the respective parts is subject of much controversy and resentment, but that is a separate topic.
Writer is a Spokesman of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs.
Email:drshabirchoudhry@gmail.com
To view other articles see my blog: www.drshabirchoudhry.blogspot.com
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