Briefing to Foreign and Commonwealth Office-FCO in London
A briefing paper discussed and
presented to the Foreign and Commonwealth Office-FCO- at the meeting between
the JKLF delegation and FCO officials held on 9 June 2015 at the Foreign and
Commonwealth Office-FCO- in London.
Since
June 2014 Jammu Kashmir Liberation Front-JKLF- has taken a clear stance, to
peacefully resist the stifling of political expression, and a growing erosion
of democratic space due to policies by both the government of India and the
local government in Kashmir.
The
JKLF therefore launched a 10 day token campaign of courting arrests to fill the
jails under the “Jail Bharo Tehreek” on 29 May 2015. Dozens of JKLF leaders and
functionaries have been arrested including Yasin Malik the Chairman of the
organisation during this period. Some have been released while the fate of
others is to be decided by the Indian authorities.
Since
coming into power as the government of India the Bharatiya Janata Party- BJP-
has had a 3 point agenda to make fundamental changes to the social and
political fabric of Kashmiri society.
Part
of this agenda includes the abrogation of article 370 in the Indian
constitution which confers a special status to Kashmir in its relationship with
India.
Over
the years India has changed many practical expressions of article 370.
Nevertheless the symbolism of this article is a clear reminder that the so
called accession to India of Kashmir was conditional and temporary arrangement
pending a resolution of Kashmir’s final status.
An
overwhelming popular opposition to the BJP’s agenda in Kashmir has forced it to
retreat on at least abrogation of article 370.
However
the BJP government has instead embarked upon changing the political and social character
through the back door in conjunction with its coalition partner in the Kashmir
government- the Peoples Democratic Party-PDP.
JKLF
and other pro freedom organisations have resisted this and the Jail Bharo
Tehreek of the JKLF is part of this peaceful opposition to the machinations of
the current Indian government
Before
we elaborate on aspects of Indian government’s agenda to change the character
of Kashmir, it’s important to put the Kashmir dispute in its proper context.
A brief historic Context of the
Kashmir dispute:
British
India was partitioned in August 1947 with India and Pakistan emerging as the
two dominant nations in South Asia.
There
were some 560 semi-autonomous princely states among whom Jammu Kashmir
(generally referred to as Kashmir) was one of the largest.
Once
British paramountcy lapsed on them, they regained their sovereignty. The rulers
of these states had the options to either accede to one of the successor states
or remain independent.
The Maharaja of Kashmir offered a
Standstill Agreement to both India and Pakistan which Pakistan accepted and as
a result became responsible to deliver some public services for Kashmir.
Pakistani flag therefore was hoisted on some state owned buildings such as the
Post- Office as a consequence of the Standstill Agreement.
India disregarded the offer of a Standstill
Agreement thereby indicating an early ill intent towards the independence and
sovereignty of Jammu Kashmir.
Maharaja’s dithering on the final
disposition of his Kingdom exacerbated an already fraught situation among
Kashmiri masses, who rose up in a popular rebellion to topple his rule. The
rebels set up a provisional government on 4 October which was reconstituted on
24 October 1947 and declared Jammu Kashmir a republic.
On 27 October 1947 India invaded
Kashmir by landing a battalion of troops in Srinagar, under the pretext that
the Maharaja acceded Kashmir to India on 26 October.
In reality however the Maharaja was
not in control of his country and was in fact fleeing from Srinagar to the city
of Jammu - some 200 miles to the south.
It is more credible to state that a
contingency plan might already have existed for the purpose of invasion under
the pretext of an accession, which at any rate, under all accounts could only
have been obtained well after the Indian troops landed at Srinagar airfield.
It seems from all accounts that
India was eager to enter Kashmir come what may to throttle a freedom movement
of people who endured unimaginable suffering and despotism at the hands of their
rulers. India in fact landed its military in Kashmir when technically it was an
independent and sovereign nation between 15 August and 27 October 1947.
What is
the issue?
At
the heart of the Kashmir conflict however lies the fundamental principle of inherent
and inalienable right of around 20 million people to determine their own
political and constitutional destiny.
The
genesis of Kashmir dispute, at least at
the international level, begins with India taking the matter to the UN Security
Council, which she did on1 January 1948.
At
the UN a number resolutions were passed, commitments and solemn undertakings
were given by India and were accepted by Pakistan.
Leading
powers like the United Kingdom supported the resolutions and the commitments to
resolve the dispute in accordance with the democratic will and wishes of the
people.
For
almost 68 years the UN, India, Pakistan and indeed the permanent members of the
UN Security Council, have utterly failed to honour their obligations and commitments
on Kashmir’s future status.
Kashmiris
rightly believe that the history of the dispute over their political and
constitutional status is full of betrayals by India in particular, and indifference
and abandonment of their basic rights and aspirations by the big powers including
the United Kingdom.
India for example in one of its many solemn
pledges on Kashmir declared:
“that the question of Kashmir’s
future status vis-a-vis its neighbours and the world at large and the question
on whether Kashmir should withdraw from her accession to India, and either
accede to Pakistan or remain independent with a right to claim admission as a
member of the United Nations all this we have recognised to be a matter for
unfettered decision by the people of Kashmir after normal life is restored to
them” UNSC document Agenda 227.
Subsequent
to the above pledge India was party to scores of UN resolutions, the setting up
of UN Commission on India and Pakistan-UNCIP- to administer the (promised)
plebiscite- the UN Military Observer Group on India and Pakistan –UNMOGIP-
which was created to monitor cease-fire- line when the first Kashmir war ended
between India, Pakistan and the free Kashmir forces in January 1949. Further to
this the bilateral Shimla Accord was concluded by India and Pakistan after
their 1971 war.
Successive
Indian governments have however reneged on every single international and
bilateral commitment, pledge and obligation that India was party to regarding
the Kashmir conflict.
Current
Indian prime Minister demands a permanent seat for his country on the UN
Security Council-UNSC- because India is a ‘democracy’ of 125 crores.
He
is of course right that India is a democratic country. However India’s
democratic credentials fail to meet the litmus test over Kashmir
Contrary
to its commitments before the UN on her responsibilities regarding Kashmir
India’s presence in the state is that of an occupying and colonial power.
A
mature and confident expression of democracy however was witnessed by the world
in September of 2014 when Britain acceded to the right of the Scottish people
for a referendum to abrogate their more than 300 year -long union with the UK.
Instead
of dispatching battalions of British troops to supress nationalist aspirations
of the Scots, British government graciously facilitated a free, fair and
democratic referendum to settle the question the union with the UK.
India
on the other hand does not even acknowledge the existence of a Kashmir issue
and considers the dispute over its future status as a figment and machinations of
Pakistan, and quite blatantly claims Kashmir as an ‘integral’ part of India.
Such
a position by India is clearly a betrayal of the UN and India’s
responsibilities and obligations over Kashmir.
Pakistan
too considers the Kashmir issue and the dispute as the ‘unfinished agenda’ of
the partition of British India. It therefore becomes all the more important
that the dispute is resolved in accordance with the democratic will and
fundamental rights of the people.
Current Situation:
Since 2014 India has a Bharatiya
Janata Party- BJP- government which is aggressive and chauvinistic in its
political ideology. BJP led Indian government has
orchestrated to subvert the socio-political character of Kashmir with Hindutva inspired
objectives to affect change in Indian occupied part of the state.
This includes among other
objectives of the Indian government, to dilute collective identity, and disrupt
centuries old communal harmony of a religiously diverse polity, especially in
the Jammu province of the state.
Having failed to abrogate article 370,
the Indian government began to communalise the political process during the
state elections late last year.
In Jammu at least the BJP succeeded
in communal divide and increased its seats from 11 to 25, while not making any
headway in the valley of Kashmir.
During his first five months in
power as Prime Minister of India Mr Narendra Modi made 8 visits to Jammu
Kashmir with the clear objective of exerting maximum influence over the state
elections.
Most of his 8 visits were in the
non-Muslim dominated regions of the state and to the Indian troops deployed on
the LoC including the Siachen Glacier.
In the election process those
opposed to the electoral process within the Indian constitution led by the JKLF
were not allowed to use the public square, and were not allowed the democratic
right of assembly and free speech to advocate their policies. Yasin Malik and
other JKLF leaders were incarcerated throughout the 7 week election process.
The unholy alliance between PDP and
the BJP after the state elections, has further exacerbated the political
atmosphere in Jammu Kashmir. Their coalition government has stifled and choked
political and democratic expression.
JKLF’s non-violent and peaceful
campaign- Jehed-e- Mussalsal, the signature campaign and people contact met
with a heavy handed response from the authorities.
During elections for the Kashmir
assembly in the winter of 2014 at least 25 to 30 constituencies in the state,
mostly in the valley of Kashmir were under extreme military and paramilitary pressure
and oppressive methods.
This heavy deployment of forces
amounted to an atmosphere of political, physical and psychological suffocation
and harassment of the masses.
JKLF embarked upon a peaceful and
non-violent campaign to engage with the masses to relieve them of this
atmosphere of suffocation, fear and anxiety.
The JKLF envisaged setting up of a
week-long camps in each of the constituencies to extend support and solidarity
to all sections of the beleaguered communities.
Pre-emptive arrests of the JKLF
leaders and activists were made to prevent their interaction with the people in
Rypura one of the constituencies in district Pulwama.
Yasin Malik, the JKLF Chairman was
also arrested and later released when he led a procession towards Rypura in
solidarity.
The Jail Bharo Tehreek therefore
was started as 10 day symbolic protest against these oppressive and
anti-democratic methods of the Indian forces and the local PDP and BJP led
coalition government in Kashmir.
While this 10 day symbolic campaign
ended on 6 June 2015 the JKLF awaits the fate of over 200 of its leaders who
are in custody before the next phase and course of action for the peaceful
Jehed-e- Mussalsal is restarted.
Although the BJP has failed to
abrogate article 370, it has however not refrained from communalising of the
Kashmir society by attempting to change the demographics of the state both in
the Jammu as well as in the Kashmir Valley provinces.
Granting
of state subject to 1947 refugees from West Pakistan:
The integration and granting of
state subject or citizenship to 1947 refugees from West Pakistan who now live
in Jammu.
These refugees have right to vote
in the Indian parliamentary elections. They do not have rights to vote in the
Jammu Kashmir assembly elections.
By granting them state subject
status, the BJP government wishes to change the demographic makeup of the
region and the Jammu Kashmir state.
Resettlement
of the Pundits:
Kashmiri Pandits were taken out of
the Kashmir valley in 1990. Many live in camps in Jammu while many others live
in Delhi as well as other parts of India.
The Indian government wants to
resettle the Pandits in Israeli style settlements in at least four to five
places in the valley of Kashmir.
Five hundred acres of land has been
acquired for the purpose. There is strong opposition across all sections of
Kashmiri society for creating separate enclaves and colonies for the Pandits.
General Kashmiri public wishes The Pandits to return to their own homes and
neighbourhoods in the valley which they left in 1990.
Around four to five hundred
families of the Pandits have returned to their homes mainly in the Srinagar
areas through the efforts of the efforts of Kashmiris including the JKLF.
Kashmiris in general and the JKLF
in particular argue that security and wellbeing of the Kashmiri Pandits lies
within their fellow Kashmiri citizens rather than in separate settlements and
Indian forces.
Granting of state subject to West
Pakistan refugees and creating separate enclaves and settlements in the names
of the Pandits is a conspiracy to change the character and demographic makeup
of the state of Jammu Kashmir which JKLF and other Kashmir political
organisations will resists peacefully.
Kashmiris across both sides of the
Line of Control-LoC want a peaceful resolution of the Kashmir dispute, and want
Kashmir to become a bridge of peace between India and Pakistan rather than a
bone of contention.
Kashmiris on both sides of the LoC wish
for a constructive engagement and dialogue among the concerned parties- namely
India, Pakistan and Kashmiris.
Thus far Indian Prime Minister Mr
Narendra Modi’s BJP government has shown no desire for dialogue with Pakistan
let alone recognising his country’s commitments at the United Nations.
Britain has a privileged position
in world affairs and Kashmiris have a high expectation of Britain’s role to
influence a change of pace towards a lasting solution of the Kashmir dispute.
Britain has friendly relations and
vital interests with both India and Pakistan, as well as strong historic ties
with the region. With such vital
interests at stake Britain cannot afford to leave India and Pakistan to sort
the Kashmir dispute on their own. They have not been able to do so for 68
years.
Unresolved Kashmir dispute has
dislocated the Kashmiris but it also has held back two very important world
powers in their progress.
Prof Zafar Khan
Head of Diplomatic Bureau
Jammu Kashmir liberation
Front-JKLF-
London Secretariat. North Basement
119-123 Cannon Street Road
London E1 2LX
