People's Democracy

KASHMIR ISSUE

“Dialogue Needs To Be Transparent, Broadbased”

Following is the text of the paper presented by CPI(M) central committee member and Jammu & Kashmir state secretary, Mohd Yusuf Tarigami at the ‘Jammu & Kashmir National Reconciliation Conference’ held in Brussels on September 13-14, 2005.

THE groundswell of support for peace in the state of Jammu and Kashmir and in the entire region provides a unique opportunity for the settlement of the long pending, festering issue of Kashmir on a lasting basis. We cannot afford to squander away such an opportunity. The ongoing Indo-Pak peace process has already resulted in a number of confidence building measures (CBMs) at the level of the two nations and in the state as well. A cease-fire exists on Indo-Pak borders as well as on the LoC. The opening of the Muzzafarabad-Srinagar road has aroused fresh hopes in the violence-torn state.

After an acrimonious and a bitter period of wars and confrontation, the two countries have embarked upon a course of dialogue and debate, which marks a happy break from an unpleasant past.

The dialogue, besides being purposeful as well as result-oriented, has to be multi-concerned, composite and at different levels: India-Pakistan; New Delhi-Srinagar; Islamabad-Muzzafarabad; and also intra-Kashmir (both parts)

VIOLENCE IN THE VALLEY

On the Indo-Pak level, the two countries need to concentrate on bringing down the level of violence in the state of Jammu and Kashmir. It may be recalled here that in the aftermath of 2002, while the level of violence in the state had come down comparatively, five persons at a daily average basis are being killed in terror-related incidents in the state. A tricky situation prevails, in which militancy and the security forces are pitted against each other, converting the streets, the lanes and human settlements in Kashmir into well-entrenched battlegrounds.

No dialogue can bring about any appreciable shift in the situation, unless the issue of ongoing violence is addressed squarely and effectively. In this context both the countries need to act on the ground. While Pakistan is required to take further measures to contain the militancy to an appreciable degree, there is an urgent need to substantially downsize the numerical strength of the personnel by the Indian government. Such numbers, as do exist on the scene, are admittedly highly disproportionate and their very presence is a cause of constant harassment to the common people. In case the two governments act decisively towards this goal, de-militarised zones at suitable places can be set up, which can be gradually extended to the entire state depending upon the specific conditions prevailing in different areas. Till the time this move proceeds ahead, both the governments can help in stopping the bloody game of terror and counter-terror by dismantling such terror and counter-terror structures.

Such a course needs to be accompanied by vigorous efforts for the political resolution of issues in the state, which should not only be serious and sincere but should also be seen so by the common Kashmiris.

HUMAN RIGHTS & OTHER ISSUES

Of course, the Indian forces deployed in the state need to stop all sorts of violations of human rights by constantly monitoring the situation on the ground with an interaction with various human rights groups along with political parties and a credible public opinion leadership. The recent guidelines issued to the armed forces deployed in the state by the central government on the question of stopping human rights violations need to be translated into reality by conferring more powers to the State Human Rights Commission. It needs to be noted here that the human rights groups and other organisations have a significant role, of course, with a rider that these groups do not operate with pre-conceived notions and biases and report and respond impartially irrespective of which contending side happens to be involved. This will go a long way in adding to their own credibility among the people of the state and effectively espousing the cause of human rights.

It is important to note here that the government of India and Pakistan need not delay the settlement on issues like Siachen, Sir Creek, Wullar Barrage, Baglihar etc. And the recently opened Srinagar-Muzzafarabad road need not be confined to travel by divided families alone but should also be extended to travel by entire population living in the two parts of Jammu and Kashmir, besides being thrown open for trade, commerce and carrying of merchandise. All other travel and trade routes between the two parts of Kashmir as also between the two countries need to be opened on a similar pattern.

TRANSPARENCY IN DIALOGUE

New Delhi-Srinagar interaction is one of the most crucial parts of the dialogue process. The recent prime minister-Hurriyat meeting has invoked overall enthusiastic response, which includes appreciation by no less a person than Pakistan president Pervez Musharraf. This process needs to be carried forward and rendered broad-based. Besides this, before further such meetings take place, there should be enough preparations and a lot of homework done. Overall public debate needs to be conducted over the agenda, the pattern of talks and the likely outcome. If this is not done, it results in creating a veil of secrecy giving rise to unnecessary suspicions rendering the exercise itself suspect. For this the efforts should be made to broad-base such interactions between the centre and state leadership. Government of India needs to widen the circle of dialogue by attracting all possible shades of opinion in the entire state along with all the regions and similar exercise needs to be conducted by the Pakistan government with its part of administered Kashmir including northern areas.

While the dialogue process is on, the central government at Delhi cannot afford to overlook the cramping problems on day-to-day basis to the violence-hit civil population. Special measures to eradicate poverty and add vigour to a sustainable development of the state cannot be ignored at any stage. The immediate issue is to save the common man from the stranglehold of huge vested interest groups, operating in India, Pakistan and the state, who are interested in perpetuating the present turmoil. The central as well as state government needs to strengthen the regime of rule of law, accountability and transparency in the state.

PLURAL CULTURE OF THE STATE

Kashmir society, no doubt, is deeply religious but at no point a fundamentalist one. Of course the rough and tumble of the contending forces, around and inside have had their vicious impact on the peaceful lives of the common masses of the state. Communal passions were no doubt aroused, which sometimes affected its deeply harmonious fabric. But despite all this, the core of its plural character remained unaffected, which reasserted itself soon after. The state abounds in diversity and presents a multi-religious, multi-cultural and multi-ethnic society. The natural geographical regions composing the state present a myriad society with historical association of humans living in diverse cultures for ages. This diversity has served the vital interests of the people and in fact lends strength to the state of Jammu and Kashmir as a unique personality demonstrating the unity of all these regions and cultures. Obviously, such a scenario calls for a plural arrangement of governance and political set-up which alone can guarantee its security and future progress on a lasting basis. Thus only a solution that strengthens this unity can take care of the state’s unique structure which must rule out fragmentation of the state in any form or shape as that could only lead to disintegration.

During the last over half-a-century, the developments in the sub-continent have been so swift and unpredictable that the people of the state of J&K have had no respite, which engendered a deep sense of alienation and uncertainty. The last sixteen years have witnessed an unending bleeding process, which continues to play havoc with the innocent human lives in Kashmir to this day. A sustained dialogue within both parts of Kashmir among all the shades of opinion needs to be encouraged and pursued by India, Pakistan and all other peace loving people so that a voice emerges from Kashmir, which is autonomous and which is respected by the world at large. The final solution can only emerge out of widest possible, comprehensive and civilised dialogue among all Kashmiris, of all regions and religious beliefs, on both sides of LoC. While proceeding ahead with the dialogue process at all levels as enumerated above, a credible and a permanent mechanism needs to be built up to sustain, give direction and monitor its outcome if it is to be made purposeful and meaningful.

The following suggestions were put forward by Tarigami:

Both the government of India and of Pakistan should take immediate measures to evolve a suitable mechanism for internal cease fire; both the governments should share joint responsibility for rehabilitation of those who have been evicted from their homes and properties for and compensation for families that have suffered at the hands of either the millitants or the respective government forces; all the political prisoners belonging to the state of Jammu and Kashmir (both parts) must be set at liberty immediately. Besides all those who are not involved in heinous crimes should also be released forthwith; facilitation of return of Kashmiri youth, who for various reasons, crossed over to the other part of LoC during the turmoil years and desire to return to their homes to lead peaceful lives; leaders of all political parties and groups including legislators in both parts of Kashmir must be allowed to interact with each other.

Confidence building measures specific to Kashmir, which enable the people of the two parts to interact, must be ensured.