AmlaHashim
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Just a while ago, I was reading a post by jamahir titled "A political solution for Kashmir and lasting peace for India and Pakistan". He/She insisted upon declaring Line of Control (LOC) as International Border, clearly meaning accepting the status quo and abandoning cause for Kashmir and throwing United Nation's resolutions to dustbin. Frankly speaking, I wouldn't mind throwing up the resolution if three parties agree to some sort of agreement.
I will first discuss some ideas which were already discussed in higher circles at different times.
First of the possible solution is known as Dixon Plan given by Sir Owen Dixon United Nations' Representative for India and Pakistan pursuant to the Security Council's Resolution of March 14, 1950. but I would again disagree with him on certain points. Let's discuss his plan first:
1. Ladakh to India.
2. The Northern Areas (Gilgit Baltistan) and Pakistan-Administrated Kashmir (AJK) to Pakistan.
3. Split Jammu between India and Pakistan.
4. A plebiscite in the Kashmir Valley.
Now, India has divided State of Jammu and Kashmir into two union territories. It wouldn't be acceptable in current position to accept point number 1 i.e awarding Ladakh to India with current map of Ladakh drawn up by India, where even Siachin Glashier and heads of all rivers are falling in Ladakh. China, a Security Council permanent member would also never accede to such a demand.
Point number 4 is also useless now, because India wouldn't allow a plebiscite in Kashmir valley at any cost because of national ego.
Now let's access the UN Security Council's suggestions:
It asked Pakistan and India to evacuate the valley and then UN administrated plebiscite would be held. Nothing about security of UN personnel or territory was given. It is not binding on any of the members. So these resolutions stand no chance.
Now let's assess Musharaf's 4 point formula:
1. Kashmir should have the same borders but free movement across the region be allowed for people on both side of LoC;
2. There should be self-governance or autonomy but not independence
3. Region should be demilitarized i-e phased wised withdrawal of troops from the region.
4. A mechanism should be devised jointly so that the road map for Kashmir is implemented smoothly.
Now there are several flaws in this plan, first of all it is not a plan at all because it doesn't settle the issue which is status of Jammu and Kashmir but accepts division of Kashmir and creates mini corridors like Kartarpur. It doesn't resolve issue of militarisation and human rights and right to self determination. Line of Control would be defacto border and within a few years, the mini corridors would be stopped and it will settle the dust.
Here comes some out of box thinking:
1. Amend Constitution of India & Pakistan and create a Jammu and Kashmir State Coordination Council where half of the members would be representatives from Pakistani Government and half of them would be from Indian Government. This body would oversee elections of the Assembly of the State of Jammu and Kashmir.
2. Gilgit Baltistan, Azad Jammu and Kashmir and Ladakh and Union Territory of Jammu and Kashmir would be governed by a Single Cabinet consisting of First Minister and his colleagues of Cabinet. They would be elected by the State Assembly which would be elected by all of the state.
3. Jammu and Kashmir Police under Kashmir State Cabinet would be appointed. It would also function as border police. Jammu and Kashmir Border Police would cover all entry points from India to Kashmir and from Pakistan to Kashmir.
4. After Jammu and Kashmir Border Police has taken charge, India and Pakistan's Army would vacate State of Jammu and Kashmir and there would be a security council binding resolution that no state would attack Jammu and Kashmir and no military aircraft would enter into airspace of Jammu and Kashmir even in the peace times. No fighter aircraft can be stationed in the State and No state in the world could establish an airbase, military base or store nuclear & weapons of mass destruction in the state.
5. No Law of Pakistan and India would be binding or extend to Jammu & Kashmir.
6. Supreme Court of India and Pakistan would have no jurisdiction over Kashmir.
7. Jammu and Kashmir State Coordination Council would issue identity and travel documents and would also help State Government for accreditation of educational degrees, visa and consular services. It would also coordinate State's membership in UN and other international non security organizations i.e World Bank, Interpol, World Trade Organisation, World Customs Organization, ICRC etc.
8. Citizens of Jammu and Kashmir would be dual nationals of India and Pakistan.
9. Jammu and Kashmir would be integral part of both India and Pakistan as a condominium is supposed to be. It would raise no Army or Airforce except Border Police.
10. Currency of both countries would be acceptable and State Government can adopt and create it's own currency if it wishes.
These steps need no years of negotiations but honesty at both sides. It wouldn't hurt ego of any country either. It would be win-win situation for all three parties.
I will first discuss some ideas which were already discussed in higher circles at different times.
First of the possible solution is known as Dixon Plan given by Sir Owen Dixon United Nations' Representative for India and Pakistan pursuant to the Security Council's Resolution of March 14, 1950. but I would again disagree with him on certain points. Let's discuss his plan first:
1. Ladakh to India.
2. The Northern Areas (Gilgit Baltistan) and Pakistan-Administrated Kashmir (AJK) to Pakistan.
3. Split Jammu between India and Pakistan.
4. A plebiscite in the Kashmir Valley.
Now, India has divided State of Jammu and Kashmir into two union territories. It wouldn't be acceptable in current position to accept point number 1 i.e awarding Ladakh to India with current map of Ladakh drawn up by India, where even Siachin Glashier and heads of all rivers are falling in Ladakh. China, a Security Council permanent member would also never accede to such a demand.
Point number 4 is also useless now, because India wouldn't allow a plebiscite in Kashmir valley at any cost because of national ego.
Now let's access the UN Security Council's suggestions:
It asked Pakistan and India to evacuate the valley and then UN administrated plebiscite would be held. Nothing about security of UN personnel or territory was given. It is not binding on any of the members. So these resolutions stand no chance.
Now let's assess Musharaf's 4 point formula:
1. Kashmir should have the same borders but free movement across the region be allowed for people on both side of LoC;
2. There should be self-governance or autonomy but not independence
3. Region should be demilitarized i-e phased wised withdrawal of troops from the region.
4. A mechanism should be devised jointly so that the road map for Kashmir is implemented smoothly.
Now there are several flaws in this plan, first of all it is not a plan at all because it doesn't settle the issue which is status of Jammu and Kashmir but accepts division of Kashmir and creates mini corridors like Kartarpur. It doesn't resolve issue of militarisation and human rights and right to self determination. Line of Control would be defacto border and within a few years, the mini corridors would be stopped and it will settle the dust.
Here comes some out of box thinking:
1. Amend Constitution of India & Pakistan and create a Jammu and Kashmir State Coordination Council where half of the members would be representatives from Pakistani Government and half of them would be from Indian Government. This body would oversee elections of the Assembly of the State of Jammu and Kashmir.
2. Gilgit Baltistan, Azad Jammu and Kashmir and Ladakh and Union Territory of Jammu and Kashmir would be governed by a Single Cabinet consisting of First Minister and his colleagues of Cabinet. They would be elected by the State Assembly which would be elected by all of the state.
3. Jammu and Kashmir Police under Kashmir State Cabinet would be appointed. It would also function as border police. Jammu and Kashmir Border Police would cover all entry points from India to Kashmir and from Pakistan to Kashmir.
4. After Jammu and Kashmir Border Police has taken charge, India and Pakistan's Army would vacate State of Jammu and Kashmir and there would be a security council binding resolution that no state would attack Jammu and Kashmir and no military aircraft would enter into airspace of Jammu and Kashmir even in the peace times. No fighter aircraft can be stationed in the State and No state in the world could establish an airbase, military base or store nuclear & weapons of mass destruction in the state.
5. No Law of Pakistan and India would be binding or extend to Jammu & Kashmir.
6. Supreme Court of India and Pakistan would have no jurisdiction over Kashmir.
7. Jammu and Kashmir State Coordination Council would issue identity and travel documents and would also help State Government for accreditation of educational degrees, visa and consular services. It would also coordinate State's membership in UN and other international non security organizations i.e World Bank, Interpol, World Trade Organisation, World Customs Organization, ICRC etc.
8. Citizens of Jammu and Kashmir would be dual nationals of India and Pakistan.
9. Jammu and Kashmir would be integral part of both India and Pakistan as a condominium is supposed to be. It would raise no Army or Airforce except Border Police.
10. Currency of both countries would be acceptable and State Government can adopt and create it's own currency if it wishes.
These steps need no years of negotiations but honesty at both sides. It wouldn't hurt ego of any country either. It would be win-win situation for all three parties.