Published On: Mon, Jul 1st, 2013

Kashmir and New Pakistan Government

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By Dr. Syed Nazir Gilani
It would be unfair to judge the newly elected Government in Pakistan on a single administrative decision on the broad spread of the question of Jammu and Kashmir. The two Governments in Delhi and Islamabad have to respond to their respective agreements, constitutional duties and international obligations towards the people living on either side of UNMOGIP supervised cease fire line and the Kashmiri Diaspora.

The new Government in Pakistan has been elected by Muslims and seven non-Muslim communities namely Hindus, Christians, Sikhs, Parsis, Qadiyanis, Bahais and Buddhists alike. A large number of Kashmiri voters settled in Pakistan or temporarily resident in Pakistan have also voted in the May 2013 election. The closing down of two Kashmir Centres in Brussels and London should not be seen as being averse to the Right of Self Determination of the people of Kashmir but part of over all efforts being made in all disciplines of life to induct transparency in Governance.

Nawaz Sharif Government is faced with new revelations made on Kashmir by non-Kashmiris like Adrian Levy and Cathy Scott-Clark in their book “The Meadow” and Owen Bennett Jones in his book “Pakistan eye of the storm”, concluding that post 1990 militancy and politics in Kashmir has been a game for intra agencies corporate interest. In between the people of Kashmir have lost a generation and it has killed the right of self-determination for a long time to come.

The new Government remains aware that Kashmir advocacy lost its credibility world over  in July 2011 when FBI filed an Affidavit of 131 paragraphs in the United States District Court for the Eastern District of Virginia in the Criminal Case namely, United States of America v Syed Ghulam Nabi Fai and Zaheer Ahmad.  The Plea Agreement rendered in the same Criminal Case between United States of America and Syed Ghulam Nabi Fai on 12 December 2011 is the first incriminating admission of guilt in the history of Rights Movement of Kashmiri people.

The two documents filed in the US Court have detailed the involvement of ISI (referred as elements in the Government of Pakistan) and have concluded that Kashmiris were executing an agenda on behalf of intra agencies corporate. The FBI Affidavit in paragraph 7 has described that the two other Centres namely “the Justice Foundation/Kashmir Centre located in London and the Kashmir Centre- European Union, located in Brussels, Belgium were run by elements of the Government of Pakistan (ISI)”. The wisdom embedded in the manner of their support provided to these centres has brought a bad name to all genuine work on Kashmir. The FBI investigation has reduced the Kashmir Rights Movement to an ordinary criminal activity sponsored by an intelligence agency. There was no exit ramp except entering into a Plea Agreement with the United States of America.

Under the Terms of The Plea Agreement reached with US Attorney the offending party has to pay a huge sum in US$ as a penalty and has forfeited huge  amounts of US$  held in various accounts. In addition to this he has to pay taxes, interest and penalties for the years 2005-2011. The handling of the Kashmir case by Intra agencies corporate has been a disaster in Kashmir and at the international forums. Kashmir case has degenerated into a lucrative business.

The closure of the remaining two Kashmir Centre in Brussels and London was unavoidable for reinstating trust in Kashmir work in accordance with legitimate Constitutional guidance and jurisprudence of Kashmir case. Prime Minister of Pakistan has a special role in the lives of the people of Kashmir. He is the Chairman of PaK Council and appoints 5 members from time to time amongst Federal Ministers and members of Parliament on the PaK Council. He has duties in accordance with Pakistan as a member nation of UN, as a party to the dispute and in accordance with article 257 of the Constitution of Pakistan. This role of the Prime Minister has been seriously restrained by the entrenched interests of the intra agencies corporate and its rehabilitation needs appropriate attention.

At the same time genuine and robust voices have been raised against the role of five non State Subjects (non-Kashmiris) appointed by the Prime Minister on the PaK Council. Their presence is regarded as alien to the duty assumed under UNCIP Resolutions and against the norms of democracy.

Government of Pakistan can’t turn away from its accepted roles in the resolution of Kashmir dispute. It has assumed responsibilities under UNCIP Resolutions in running the affairs of Azad Kashmir. These are “to provide for the better Government and administration”, “until such time as the status of Jammu and Kashmir is determined in accordance with the democratic method of free and fair plebiscite under the auspices of the United Nations as envisaged in the UNCIP Resolutions adopted from time to time”.

The political agenda adopted by Hurriyat in July 1993 failed to keep its dignity and the intra agencies corporate replaced it by General Musharraf’s 4 point formula in 2006. The earlier experiment with militancy proved to be a disaster. It provided the Indian soldiers an opportunity to violate after 42 years (1948-1990) restraints placed on their ‘behaviour’, ‘number’ and ‘location’ in the UN Resolutions and caused them to ignore their interim principal duty to protect ‘territory’, lives’, ‘honour’ and ‘property’ of the people of Kashmir.

Overbearing influence of intra agencies corporate on Kashmir issue, has denied the people of Jammu and Kashmir the benefits of the role of the Government of Pakistan, Government of AJK and of the jurisprudence of UNCIP Resolutions on Kashmir. People of Kashmir and the Kashmir Case could not benefit from the Islamic Summit decision made in December 1994 in Casablanca, Morocco asking 57 Muslim countries, Islamic Institutions and philanthropists to mobilize funds for “providing humanitarian assistance to the Kashmiri people.”

Intra-agencies corporate may have a legitimate role in the rights movement of the people of Kashmir. The role of respective agencies of India and Pakistan has been accepted in  para 4 of the Joint Approach Paper prepared by Institute of Regional Studies, Pakistan and International Centre for Peace Initiatives, India for the November 2000 Conference on “Next step in Jammu and Kashmir : Give Peace a Chance” held in Gurgaon, India. But any such roles in Pakistan have to remain subservient to the roles of the Prime Minister of Pakistan, in particular as Chairman PaK Council and in discharging his responsibilities as the chief executive of the Government of Pakistan in PaK under UNCIP Resolutions.

It may be too late or unnecessary for the Government to look into the militancy aspect of Kashmir budget. But it is not too late and would never be so, to investigate the wisdom of the authors of failed militancy and apportion a criminal liability for causing the two deaths, namely, the death of a generation and death of self-determination. It is not only the duty of the Government but a right of a Kashmiri that he knows about the details and manner in which the non-militancy budgets have been spent during the last 23 years from January 1990 – May 2013. Government of Pakistan has a duty under its UNCIP role in PaK to support the work of self-determination in equity.

We find that the three Governments namely, Government of AJK, Government of Gilgit and Baltistan and the Government of Pakistan have failed in their duty to the right of self-determination of the people. These Governments have failed the over 2 million Kashmiri refugees. The necessary Legislative role of these refugees in the PaK assembly in particular has degenerated into an abuse and does not have any useful role in the interests of people and right of self-determination.

People of Kashmir can’t endure this abuse any further. The FBI investigation, Affidavit, Plea Agreement should occupy our sincere interest and the ownership of the jurisprudence of Kashmir Case needs to be rehabilitated. Closure of all three Kashmir Centres should be substituted by a support in accordance with Constitutional guidance and UNCIP Resolutions.

Government of India has also to be encouraged to conduct itself in Kashmir in accordance with its duties under terms of accession (provisional) and other duties under UN Resolutions towards the people of Kashmir.

Author is London based Secretary General of JKCHR – NGO in Special Consultative Status with the United Nations.  He is on UN register as an expert in Peace Keeping, Humanitarian Operations and Election Monitoring Missions. He could be reached on email

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