| OPINION | |
|
Kashmir - Why the talks failed |
|
![]() |
Patron
Lt Gen (Retd) SARDAR F.S. LODI analysis why the negotiations broke down. |
|
Hizbul
Mujahideen, the most powerful Mujahideen Group operating inside Indian
occupied Kashmir announced a unilateral ceasefire on Monday July 24, 2000,
at a news conference on the outskirts of Srinagar, the capital of
Indian-occupied Jammu and Kashmir. This statement took the people in
India, Pakistan and Kashmir somewhat by surprise, by its suddenness and
the uncertain future implications that were likely to flow from it. The
announcement was certainly a move in the right direction and should have
been welcomed by all those who favour a negotiated settlement of the long
outstanding dispute between India and Pakistan that has cost the lives of
thousands of innocent Kashmiri civilians. Abdul
Majid Dar chief commander of Hizbul Mujahideen said, “we want to show
the world that we are not hard-liners and we are flexible in the search
for a solution.” Dar announced that the ceasefire would initially run
for a period of three months and called on the Indian security forces to
respond in kind. He wanted no force to be used against the Mujahideen and
no excesses carried out on the Kashmiri people. The surprise ceasefire
announcement came a few days after the election of Prof. Abdul Ghani Bhatt
as the new chairman of All Parties Hurriyat Conference (APHC). Dar
also rejected the views being put across by India to the world, that the
freedom movement had lost grassroots support in Kashmir in recent years
and was now dominated by foreign mercenaries. “The fact is that this is
an indigenous movement and all the Mujahideen commanders with me are
locals. At the press conference Dar was accompanied by his four senior
commanders, who were all local Kashmiris and not carrying any weapons for
the conference. Dar said his decision was based on a grassroots survey
conducted by his group and he had the consent of the local people. In
New Delhi the Indian Prime Minister welcomed the ceasefire announced by
Hizbul Mujahideen leader and said he was willing to talk with any group
for resolving the Kashmir issue. He, however, stressed that any discussion
could only take place within the framework of the Indian constitution.
This was apparently for home consumption to allay the fears of the more
extreme elements in his coalition government. Similarly the Indian Home
Minister who is also in charge of Jammu & Kashmir said that the
government was prepared for dialogue to give more power to Indian-occupied
Jammu & Kashmir, but ruled out full autonomy. The
initial reaction of the United States government was that it will welcome
any move that leads to a lowering of violence. The State Department
official referred to President Clinton’s statement that there could be
no military solution to the Kashmir problem and that any solution must be
part of a process that took the aspirations of the Kashmiris into account.
He denied that there was any connection between the ceasefire announced by
the Hizbul Mujahideen in Indian-occupied Kashmir and the visit of
Jamaat-i-Islami Chief Qazi Hussain Ahmed to the United States. The
Hizbul Mujahideen rejected the Indian government’s offer of talks within
the Indian constitution explaining that they did not recognize the Indian
constitution. New Delhi consequently was forced to radically change its
former stance and offer talks without any preconditions. India also
announced that it was suspending military operation against Hizbul
Mujahideen. How the Indian Army would distinguish between the Hizb freedom
fighters and its own underground militants was not explained. There were,
however, encouraging signs discernible on both sides despite the diversity
of their views, aims and objectives. The
Indian National Security Adviser Brajesh Mishra put in his bit, by
suggesting that the constitution of India would indeed form the
cornerstone of any negotiations. “Surely any representative of the
government of India cannot be acting outside the constitution,” Mishra
said. But the Prime Minister of India, Mr Atal Behari Vajpayee, the top
moderate in the BJP-led coalition government who initiated the Lahore
peace process last year, was firm in his views. Mr Vajpayee said the main
touchstone for peace talks should not be the Indian constitution -which
precludes discussion of Kashmir’s secession — but “insaniyat”
(humanity). “Leave the constitution. Talks should be held within the
limits of insaniyat so that violence is stopped and no more blood is
shed.” This was a most significant development and augured well for the
future. This
was for the first time in 11 years since the armed uprising in
Indian-occupied Kashmir started in 1989, that India had found it expedient
to talk to the Kashmiri freedom fighters and that too outside their
constitution. This was an encouraging sign and showed that Vajpayee-led
India, could when required, be amenable to a peaceful dialogue to solve an
outstanding issue. It was hoped that the talks would eventually bring
peace to the people of Kashmir who had undergone untold suffering over the
past fifty-three years. The
ceasefire by the major Mujahideen group in Indian-controlled Kashmir was a
very bold and significant move, and no doubt the result of months of
behind the scene effort on the part of India, Pakistan and the people of
Kashmir. This had undoubtedly been achieved with some prodding and help
from the United States who are keen that peace returns to a nuclear South
Asia. President Clinton had said in a joint statement on July 4, last
year, after meeting the Prime Minister of Pakistan, that he would take a
personal interest in encouraging an expeditious resumption and
intensification of those bilateral efforts, once the sanctity of the Line
of Control has been fully restored. During the US President’s visit to
South Asia he had also stressed the urgent need for a dialogue between the
two antagonists. India’s
willingness to open a dialogue with the largest group of Kashmiri freedom
fighters was surely an admission that the struggle being waged for the
past 11 years against Indian military occupation was by the people of
Kashmir themselves. Indian claims of cross-border terrorism was a
propaganda effort to discredit Pakistan, and divert world attention from
the grave human rights’ violations and other atrocities being committed
by over 700,000 strong Indian security forces against the Muslim civilian
population of Jammu and Kashmir. Mr
Advani the Indian Home Minister had said in New Delhi on July 29. “Many
may not be aware that the Hizbul members, though pro-Pakistani, are mainly
Kashmiris.” He went on to say: “We have no hesitation in talking to
our own people, even though they may have strayed into the path of
militancy.” It seems to have taken a long time for this realization to
have dawned on the Indian authorities in New Delhi. It was an open
admission by the government of India that the people of Kashmir had taken
up arms against the Indian occupation forces in Kashmir. It
was unfortunate that over ninety civilians both Muslims and Hindus were
killed on the eve of talks between the Indian Home Ministry officials and
the Hizbul Mujahideen. This act of senseless killing, should be condemned
in the strongest terms by every peace loving person. The Indian Prime
Minister Mr Atal Behari Vajpayee was statesman enough to announce that the
talks with the Mujahideen would be conducted as scheduled despite the
killings. He of course blamed Pakistan for the tragedy. Pakistan has
denied the accusation and demanded an impartial international inquiry to
confirm the facts. This is a reasonable demand and should have been
acceded to. The
Hizbul Mujahideen is by far the largest group fighting in Indian-occupied
Kashmir and no other small group can operate in Kashmir without their
cooperation and some assistance. It is, therefore, evident that the
freedom fighters were not responsible for the killings. In any case the
Mujahideen never target civilians and at least 15 of those killed were
Muslims. Some of the Indian newspapers had reported that most of the
pilgrims killed at Pahalgam was due to cross fire of the security forces,
probably due to panic. The area is very well protected during the
pilgrimage season. There is also a strong possibility that the extreme
Hindu fundamentalist groups allied to and part of the BJP-led coalition
government, may have been trying to scuttle the talks and resume the
confrontational mode again due to their hatred for anything to do with
Pakistan and Muslims. The
first meeting took place between the Hizbul Mujahideen and Indian Home
Ministry officials at the Nehru guest house, located beside the
picturesque Dal Lake in Srinagar. It was stated that these talks were
taking place to work out the modalities of a ceasefire that should hold
for at least three months. The next meeting was to take place between a
team of six persons from each side. This was a good beginning and it was
hoped would be taken to its logical conclusion as the Indian Home
Secretary Mr Kamal Pande had termed the first meeting as “positive.” There
was, however, a fear that India may only be trying to divide the Kashmiris
politically as she had not included the All Parties Hurriyat Conference (APHC)
in the talks, who represent the people and public opinion in
Indian-occupied Kashmir. To the APHC India had only offered talks within
the Indian constitution whereas for the Hizbul Mujahideen, no conditions
had been laid. Others felt that India was probably only trying to lower
the tempo of Mujahideen activity to gain time, which she feels is on her
side. These misgivings could well have been due to the long years of
mistrust between the two countries. It was, however, felt that the peace
process should be given a good try, whatever, the reasons attributed to
it. It
seems that the present Indian government of Mr. Atal Behari Vajpayee is
making a genuine effort to reach an amiable solution to the problem of
Kashmir. The APHC leaders had been released from captivity by India
recently to create a conducive atmosphere for the talks. Another important
change discernible is the transfer of India’s top military commander in
Kashmir. The former corps commander in Srinagar Lt. General Kishan Pal was
associated in the peoples mind with suppression and atrocities and was
also the architiect of the policy of ‘Hot Pursuit’, or armed crossing
fo the Line of Control in Kashmir. He has been replaced by Lt. General
John Ray Mukherjee, a Christian officer, who is also Chief of the Unified
Command in Kashmir. An officer belonging to another persecuted minority
community in India would show some compassion towards the Muslim civilian
population of Jammu & Kashmir. Pakistan’s
official reaction and stance to the unilateral ceasefire and the
initiation of talks that could lead to far reaching developments in
Kashmir was absolutely correct and well in keeping with the wishes of the
people in Pakistan and in Kashmir. Pakistan’s Foreign Minister Abdus
Sattar stated the government’s position when he said that it is for the
people of (Jammu and Kashmir) and their political representatives the All
Parties Hurriyat Conference (APHC) to make judgement with regard to the
manner in which their struggle is to be waged. Pakistan attaches great
importance to a dialogue to solve the Kashmir problem as stated often by
General Pervez Musharraf the Chief Executive of Pakistan. He is also
reported to have told his colleagues that whatever is acceptable to the
people of Kashmir would be acceptable to Pakistan. On
31st July 2000, the Chief Executive of Pakistan, General Pervez Musharraf
had suggested signing of a no-war agreement with India. In an interview to
the London-based Arabic daily ‘Al Hayat,’ he asked India to sign an
agreement for preventing wars between the two countries instead of New
Delhi’s insistence on signing a pact on no first use of nuclear weapons.
This was a good suggestion, which would have deleted war as an option in
South Asia creating a tension free atmosphere conducive for peace
negotiations. India’s response to this offer was as negative as it had
been to the first one nearly 40 years early by Field Marshal Ayub Khan.
Another peace signal from Pakistan was being ignored by India to the
surprise of many at home and abroad. After
the first meeting between the Indian government and Hizbul Mujahideen,
which the Indian Home Secretary had termed as “positive”, there was
some delay in the next meeting. The Hizb commanders were not aware of the
reasons and said on August 6, in Srinagar: “The meeting may have been
delayed but Insha Allah, the meeting is expected to take place this
week.” They were, however, in for a surprise because the next Indian
move was a great disappointment for all concerned. The
Indian Prime Minister Mr. Atal Behari Vajpayee on returning from a trip to
Indian-occupied Kashmir said in parliament that there were no conditions
for the unprecedented peace talks which got under way last week, but added
that any accord would be bound by the constitution “No preconditions
have been put on the talks,” Mr Vajpayee told the upper house of
parliament. “We will talk within the constitution, but if somebody wants
to raise other issues, are we going to stop talking? I don’t know what
shape these talks will take but we are ready to take the peace process
forward.” He made it clear that there was
little to gain from resuming dialogue with Pakistan as long as it
supported Mujahideen activities. The
constitution of India holds the disputed state of Jammu and Kashmir as an
inalienable part of India. Because of this, any talks within the
constitution would have to exclude the United Nations Resolutions
demanding an impartial plebiscite in the state, or liberation of
Indian-occupied Kashmir. The Hizbul Mujahideen in their statement issued
in Srinagar on August 6, said New Delhi’s insistence on a solution
within the constitution had snuffed out hopes of an early settlement of
the Kashmir dispute. It went on to say that it was seriously considering,
whether to continue with the temporary ceasefire it had declared
unilaterally on July 24. Chairman
of the All Parties Hurriyat Conference (APHC) Prof. Abdul Ghani Butt while
talking to newsmen in Srinagar on 28 July had already voiced his doubts
and concern about the forthcoming peace talks with India. He had said:
“Keeping in view the historic insincerity of India, Hizb should never
have announced a unilateral ceasefire.” He went on to describe India’s
attitude by saying that after the announcement, the house of Abdul Majeed
Dar was raided by the Indian security forces and also of his friends and
relatives. Prof.
Ghani showed surprise at India’s unwillingness to talk to Pakistan about
Kashmir when he said: “Kashmir is a disputed issue and its solution lies
either in the UN resolutions or tripartite talks involving India, Pakistan
and Kashmir people.” He went on to say: “India has been talking with
Pakistan even during the Kargil conflict, then what is wrong if India,
Pakistan and Hurriyat talk simultaneously. “But India seems adamant in
slowing down or completely blocking the peace talks for the solution of
the Kashmir problem. In
view of India’s uncertain attitude and her government’s changing
policy of talks within the constitution, altered to talks outside the
constitution under ‘Insaniyat’ or humanity, changed again to the
constitution after the first round of talks. The Hizbul Mujahideen called
off their ceasefire on August 8. The hope of further talks ended because
“Vajpayee’s statements had been contradictory. In one breath he talked
about dialogue on the basis of humanness, but in the same breath he spoke
about negotiations within the framework of the Indian constitution”
Another reason given by the Hizb commander was India’s “rigidity” in
not accepting tripartite dialogue with Kashmiris and Pakistan. India
had certainly derailed the peace initiative said the Hizb representative
and added, “We have demolished the Indian propaganda that we are against
a peaceful settlement of the Kashmir problem.” Pakistan said on August
8, hours after the Hizbul Mujahideen revoked its 15-day ceasefire, that
the negative and transparently insincere response by the Indian Prime
Minister and other officials had destroyed the possibility for a peace
process. A Pakistan foreign office spokesman called on India to engage in
a “meaningful” and result-oriented” dialogue with Pakistan and the
Kashmiri leadership. The
United States expressed regret at the decision of the Hizbul Mujahideen to
end its unilateral ceasefire. “We regret the decision reported by the
Hizbul Mujahideen and we urge all sides to nurture and continue the
process of peace,” State Department spokesman Richard Boucher said.
“We welcomed the initiative of discussion between India and the Hizbul
Mujahideen, and we encourage their resumption,” he said. It
must be appreciated that the core problem of Jammu and Kashmir that has
been the greatest source of friction, confrontation, wars and loss of
lives between India and Pakistan for the last 53 years cannot be solved in
one meeting or a short period of time. There will be encouraging
statements by leaders followed by depressing denials. Political
compulsions and personal political survival will also play their part. In
many cases public opinion in both the countries will need to be changed,
maybe by 180 degrees. These will take time, effort, a political will and
considerable patience and must, therefore, be accepted as a part of the
peace process. Mr.
Vajpayee’s statement in Pahalgam that the talks would be on the basis of
humanity and not the constitution was a courageous move. On returning to
New Delhi he reverted to the earlier stance and again talked of the
constitution. These variations and contradictions are no doubt a part of
the political process, at least one hopes they are. Similarly the
statement by the Muttahida Jehad Council (MJC) terming the cease- fire
announcement by the Hizbul Mujahideen as an unauthorized move and a tactic
to sabotage the freedom struggle, is another example. Some in the country
are still very sceptical of Indian moves, as trust is lacking owing to
years of confrontation and strife. The
problem that India is facing today in a BJP-led coalition government is
that of the Hindu religious fundamentalist parties which are supporting
the government. This is in addition to the BJP’s own fundamentalist
thinking. Over and above this the government of India has built a war and
hate hysteria in the country against Pakistan, particularly after the
Kargil episode. These are now becoming a hindrance in the peace process
and are included in the political compulsions which may be forcing the
hand of Prime Minister Vajpayee away from the peace talks. Hopeful
signs of a thaw in the status quo have, however, recently been emanating
from India. Prime Minister Vajpayee said in New Delhi on August 10 that
India was ready to discuss bilateral issues with Pakistan irrespective of
the form of government in Islamabad. This is a welcome change. “This is
the first time in many months that India has indicated its willingness to
talk to Pakistan on bilateral issues,” said Mr Pranab Mukherjee, senior
Congress party leader. New
Delhi had been maintaining so far that talks with Islamabad cannot be held
until Pakistan stops its support to the Kashmir freedom fighters. The new
Indian thinking is a welcome departure. On August 13, Prime Minister
Vajpayee while flaying a Mujahideen attack on a security forces convoy in
Indian-occupied Kashmir said New Delhi was still ready to hold peace talks
with them. In reply the Hizbul Mujahideen negotiator said in Srinagar on
August 16 that the group would soon resume a dialogue with India which had
collapsed earlier. When
all is said and done it is the will of the nation that will count. At
present there seems to be a political will on either side of the border to
settle the Kashmir problem and bring peace to South Asia. Will the leaders
rise to the occasion and forge a lasting peace with honour and dignity for
the people of Jammu and Kashmir, which is acceptable to them. India and
Pakistan are parties to the dispute and, therefore, cannot shirk their
responsibility. It is incumbent on them to open a meaningful dialogue and
initiate a move even though slowly, towards a peace process. This is the
desire of the peoples of South Asia and that is the direction in which
their salvation lies. |
|