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Pakistan’s Quest for NSG Membership and Role of China

Qura tul ain Hafeez

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Pakistan has been trying to acquire the member ship of the 48 member Nuclear Suppliers Group(NSG) for the past several years. Its quest for the NSG membership is not only limited to gain parity with India but, to meet the growing energy demands also. The international community is now looking forward to the upcoming NSG plenary meeting, expected to be held at Latvia this month. The matter of concern is that Pakistan has been ignored by the global nuclear governance for its membership in the NSG. Although the global nuclear governance is based on the so called principles of equality and non discriminations but among the permanent members of the NSG China is the one who supports unbiased and criteria based approach for the membership of both Pakistan and Indian. China views that non NPT states should be included in the NSG cartel once they became the member of the NPT because as per the rules set by the NSG any state which is a non-signatory of the NPT could not become the member of the NSG until or unless it becomes the party to NPT. Therefore India being a non-signatory to the NPT does not meet the criteria of becoming the member of the NSG. There are other countries that’s hunned India’s membership into the NSG which include New Zealand, Turkey, Ireland, South Africa, and Austria. Countries like Kazakhstan and Belarus have supported Pakistan’s bid for the NSG.

A glance at the NSG background reveals that NSG was formed in response to the first Indian nuclear explosive test in 1974, to prevent nuclear proliferation by controlling the export of materials, equipment and technology that can be used to manufacture nuclear weapons. However India’s nuclear test of 1974 demonstrated that nuclear technology transferred for peaceful purposes could be used to build nuclear weapons. Considering India’s previous record one can infer that it is not eligible to enjoy the special wavier of the nuclear trade. Nonetheless due to the international lobbying by the US, India has sufficient western supporters for its case. By hook or crook India has been accommodated in the NSG with a special wavier. Therefore it is important for the international community to extend equal treatment to Pakistan as that of India. It is pertinent to mention here that Pakistan has a comprehensive export control system and its national command authority is responsible for control of Pakistan’s strategic assets. If the waiver for India were generalized on the basis of criteria, Pakistan could be exempted from the full-scope safeguards requirement and be incorporated into the NSG as a nuclear supplier state.

Under the above circumstances Pakistan would be willing to negotiate the terms of such an exception. But, the question is why the US is concerned that Pakistan should not get the membership of the NSG even if it has been following the full scope safeguards of the International Atomic Energy Agency (IAEA). International Atomic Energy Agency (IAEA) Director-General Yukiya Amano during his visit in March 2018,to Pakistan’s various civilian nuclear facilities and installations was highly impressed by the standards which Pakistan is maintaining for nuclear safety and security. He stated that, “Pakistan is an experienced user of peaceful nuclear technology; everywhere it was clear that Pakistan has the knowledge and the pool of people who are dedicated to do this job”. Henceforth despite the IAEA full scope safeguards why can’t Pakistan get a special wavier like India? It should also be allowed to do nuclear trade with China which has been penned prior to China’s membership in the NSG in 2004.

Contrary to Pakistan’s efforts for the nuclear safeguards and security measures some nuclear experts and critics are of the view that Pakistan’s rationale for the participation in the NSG is unreasonable. The legitimacy and nuclear parity are the reasons along with the severe energy crises behind Pakistan’s aspirations for NSG membership. So, here is the answer for those who oppose Pakistan’s quest for nuclear energy, that in Pakistan summers are welcomed with a gift of 8000MW shortfall while winters embrace a cool and smoggy shortfall of 7000MW. Pakistan ranks at the fourth position among the list of countries that are facing energy deficit according to a United Nations Report, 2013. So, Pakistan is confronted with energy crisis. It is for all the genuine reasons that Pakistan needs the nuclear energy which is the cheaper solution in order to meet its day by day increasing energy demands.

Despite Pakistan’s continuous diplomatic efforts regarding the  NSG, there is currently no consensus in the NSG about how it should approach the question of future relations with non-NPT parties. However the NSG is required to consider the issue which has significant impact on NSG’s future credibility and effectiveness. NSG should encourage and welcome states like Pakistan in the NSG instead of discouraging them because this will otherwise compel the states to acquire other cheaper yet hazardous means of energy such as coal which is cheaper yet contributes to increasing the amount of carbon footprint. Moreover this will disturb the world peace and South Asian strategic stability. Therefore China being the important global player and close neighbor to both Pakistan and India should further promote this criteria based and non discriminatory approach in the global nuclear governance.

Qura tul ain Hafeez has done M Phil in international relations from Quaid-I Azam University Islamabad. She is currently working as a Research Associate at Strategic Vision Institute Islamabad. She can be reached at Quraathashmi[at]gmail.com

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South Asia

Modi-fying Kashmir and Historical Facts

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The Modi government on 5th august 2019 revoked two key constitutional provisions — Article 370 and Article 35A — which gave the state of Jammu and Kashmir distinctive rights. India moved around 50 thousand military personnel into the valley to avoid any backlash, which shows that the Indian government is afraid of the repercussions of an illegal act. But these curfews and emergencies are not new for Kashmiris. Kashmiri’s will continue fighting for their land and will never compromise. Kashmir is an 86,000-square mile disputed region that is divided between India, Pakistan and China.  Kashmir’s independence struggle has a long history.

Historically Kashmiris have not ruled their own land since their last king Yusaf Shah Chak who was defeated by the Mughals in the 16th century. Chak launched guerrilla attacks against the armies of Mughal king Akbar on November 1586, he was certain that “Independence was just a day away”. Since then it’s been 400 years since Kashmir has passed into the hands of Afghans, Sikhs, the British Great Britain and now Indian rulers after partition. Today, the same kind guerrilla attacks continue against Indian occupational forces, although by a renewed insurgency fueled by modern weapons and communications technology.

Thousands of Kashmiri’s are part of the armed freedom struggle against Indian forces. Now in the shape of the Kashmir freedom movement, it is entirely different from what it was during the early years of partition. Now, the use of social media has changed the dynamics of the freedom movement making it extremely challenging for India to curb the voices of Kashmiris in the present era. Though India always blames Pakistan for supporting freedom fighters and stone pelters it has never really applied an introspective approach to what its armed forces are doing.

As Kashmiris continue to reject India and its democracy the Modi government has locked down almost 90 lakh Kashmiris since 5 august. There is a complete media blackout in Kashmir and still India calls itself a democracy. Such Indian actions to erode the basic fabric of the Kashmir freedom movement will only fuel the struggle for independence even more. There are many people inside India which negate this act of oppression by the Modi Government. Modi’s actions are opposite to democratic values which India claims are reason for its unity. 

Several Indian activists have condemned the abrogation of articles 370 and 35 A. Till now 6 petitions have been filed in the Indian supreme court, all of which reflect the pure negation of Mr. Modi’s agenda. Hence, the way India is treating Kashmiris will surely have dire consequences for the state in the future. The country which calls itself the largest democracy is treating Kashmiris worse than animals, a democracy where even cows purportedly enjoy more rights than Kashmiris and Muslims.

In 1947 Kashmiris resisted against Dogra forces and around 2 lakh were killed but the Kashmiris refused to be subdued. After partition on 2 November  1947, Indian Prime Minister Pandit Jawaharlal Nehru had promised a plebiscite in Kashmir saying: “The fate of Jammu and Kashmir is ultimately to be decided by the people. The pledge we have given not only to the people of Kashmir but also to the world. We will not and cannot back out of it.”

But India has still not pulled back its troops since then and has continued to forcefully occupy the region. Pakistan and India have fought a number wars and smaller-scale conflicts in 1948, 1965, 1971 and 1999 due to Kashmir with border skirmishes remaining common even today. India is involved in killing Kashmiris while the world remains in silence. Only a consistent struggle can force India to check its decisions otherwise, India is on its way to change the demography of Kashmir. Modifying the status of Kashmir within the Indian constitution won’t change realities which exist historically. Even today, the whole world acknowledges that Kashmir is an international dispute and not just an internal matter of India. By casting even further light and global attention on this issue through his most recent actions, Mr. Modi has gravely miscalculated the outcome of this move.

Revoking Article 370 A has already stripped Kashmiris of their special rights and now there would be single citizenship for Kashmiris. The Indian flag will be the only flag and article 356 and 360 will be applicable. Minorities will be eligible with a 16 % quota. People from other states will be eligible to buy land in Jammu and Kashmir. Assembly duration of the union territory of Jammu and Kashmir will be for 5 years. All the above developments will further estrange Kashmiris in their own land.

From 1586 till now, the Kashmiris defeated many oppressors and none was able to subdue them. Mr. Modi’s modification of its status will definitely fire back in the coming days as India cannot impose a curfew forever. At least 4,000 people have been detained in Kashmir since August 5 and situation on ground as reported by international media is getting worse than ever. More and more Kashmiri youth will join armed groups and the intensity and number of armed attacks is widely expected surge dramatically. Without a doubt such a dangerous and arrogant decision by the Indian leadership has severely compromised the peace and stability of the entire region.

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Kashmir: A Victim of the Influence of Major Powers

Mohamad Zreik

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India-Pakistan relations are constantly tense and India-Pakistan history is full of struggles and rivalries. The problems between the two countries have emerged on the international scene recently when the Indian state decided to abolish autonomy in Jammu and Kashmir and apply full control of the Indian state over the region. The area is known to be the center of a dispute between India and Pakistan over land claims and border demarcation.

The Indo-Pakistan conflict over Kashmir is classified as one of the most dangerous in the world. India and Pakistan are nuclear states. The Kashmir conflict began in 1947 and did not end today, after Kashmir was a former independent region in the Himalayas. Kashmir lies in a strategic area on the Himalayas, bordered by India, Pakistan, China and Afghanistan; it is a region of cultural diversity and contains the most important Eastern religions such as Islam, Buddhism and Hinduism. The region of Kashmir is one of the most beautiful regions of the world and fertile agricultural land with a lot of natural resources, but the political instability and security has ruined the economic situation and the lack of tourists and investors.

Historically, Kashmir has been a Hindu religion, but the connection between Kashmiri people and Afghan families has led to the spread of Islam. Kashmir was ruled by the Mongols from the 16th to the 18th centuries, after which Kashmir returned to be an independent state. However, strong British influence in that period robbed the sovereignty of that country by selling land and people, who are mostly Muslims, to a Hindu warlord, Gulab Singh, for 7.5 million rupees.

This “contract of sale” was quickly legalized in the Amritsar Treaty. Since then Singh has declared himself “Maharaja of Jammu and Kashmir”, and imposed on the local population by force Hindu culture and its religious principles. He burned mosques and overthrew anyone who begged himself to oppose his rule and stand up to Hindu principles. After Maharaja “Gulab Singh” took over the rule of Jammu and Kashmir Maharaja “Hari Singh”, who completed the same path of his predecessor in a land where the number of Muslims at the time 94%.

The severe repression of the people of Jammu and Kashmir in cooperation with the British prompted them to raise their voice in the face of the Maharaja and his allies in 1931. On 25 October 1947, after violent confrontations between the Maharaja and the population, the Kashmiri people won and the Maharaja was expelled. Maharaja sought support from India after Britain stopped supporting him.

The British colonial policy divided the area there on a religious basis. Most of the Muslim lands have been annexed to Pakistan, and the Hindu-majority lands have been annexed to India. In 1947, Indian military forces returned to Kashmir by force against weak Kashmiri resistance and little support from Pakistanis.

At that time, Pakistan began to support the rebels and the separatists from India, which led India to complain to the Security Council accusing Pakistan of supporting the rebels in Kashmir. Pakistan has responded that India is trying to promise Kashmir sovereignty, but it is working to annex Kashmir and bring Maharaja Hari Singh back to power. In 1948, the Security Council sought a mutually satisfactory solution, dividing Kashmir territory, one part called Azad Kashmir or Free Kashmir is supervised by Pakistan, and another part is Jammu and Kashmir and is supervised by India

The never-ending wars between India and Pakistan over the Kashmir issue prompted India in 1974 to conduct six nuclear experiments. This means that India has become a nuclear state and is capable of destroying every enemy, namely Pakistan. This has pushed Pakistan to become a nuclear power by acquiring nuclear weapons. In 1988, India and Pakistan signed a non-aggression pact. Military science suggests that the Asian region is the most dangerous on earth and capable of destroying mankind. India, Pakistan, China, Russia and Iran are nuclear states. Religious conflicts and territorial disputes are accelerating the nuclear war. According to the Pentagon, the next nuclear war between India and Pakistan will claim at least 12 million deaths and more than 7 million wounded from the region.

India, as a big country and a major nuclear power in the Asian region, will not concede to Pakistan in this Kashmir conflict. But India is demanding the entire territory of Kashmir, i.e. Pakistani Kashmir and Chinese Kashmir and this is impossible to achieve, and the conflict is increasing today through the legal measures taken by the Indian state to annex Jammu and Kashmir to the sovereignty of the Indian state and wrest autonomy. Therefore, the solution to this issue remains through diplomacy and negotiations because the weapons, force and many wars in that region did not lead to any positive result.

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India’s Constitutional Revocation and Prevalent Security Environment of Kashmir

Haris Bilal Malik

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During Prime Minister Imran Khan’s first ever visit to the US on July 23, 2019, President Trump had offered to mediate the outstanding Kashmir issue between India and Pakistan. This move was greatly appreciated by Pakistan with President Trump publicly stating that Prime Minster Modi had requested him to mediate between the two countries over Kashmir during the sidelines of 2019 G20 Summit held in Osaka in June this year. With President Trump’s offer to mediate at such a crucial time, the issue has once again achieved global significance. Moreover, President Trump’s mediation offers, and India’s recent move constitutionally revoke the special status offered to Kashmir would likely have serious implications within the prevalent security environment throughout the region. 

India has often rejected such offers claiming Kashmir as its internal matter. Taking a step forward, on August 5, 2019 the government of India revoked the special status of the Kashmir region that has been previously granted under Articles 370 and 35(A) of the Indian constitution through a presidential order. Referred to as the Jammu and Kashmir Reorganization Bill that was later approved by parliament despite the opposition’s criticism. Under Article 370 of the Indian Constitution the Kashmir region had been awarded special constitutional rights and a ‘so-called’ autonomous status of decision making. Following the abrogation of Article 370, the Kashmir region would be divided into two ‘Union Territories’ i.e. Jammu and Kashmir and Ladakh governed by the Indian central government.

The timing of this constitutional abrogation might have been influenced by President Trump’s offer of mediation between India and Pakistan that was reiterated by the US President despite India’s rejection. This abrogation was also part of the Bhartiya Janata Party’s (BJP) election manifesto as promised by Prime Minister Modi during the 2019 general election. By fulfilling this electoral promise, Mr. Modi is trying to assert that Kashmir is entirely an internal matter for India and that it would not allow any third country to interfere in the Kashmir issue irrespective of its relations with India.

Based on this notion India is inclined to project this political and constitutional change as its internal matter. By revoking the special status of this disputed region, India also intends to change the demography of Kashmir as much of the current population is Muslim. India has been involved in various tactics to change the demographic structure of Indian Occupied Kashmir (IOK) which includes a steady stream of Hindu migrants relocating and settling in masse from other parts of India in this predominantly Muslim region.

This trend is also evident in the region’s population numbers. In 1947 for instance, the Muslim population of IOK was about 79 per cent. As of 2018 this figure has been reduced to 68 per cent. In this regard the abrogation of Article 35(A) would likely intensify this trend as in the future, non-residents of Kashmir would be able to purchase property in Kashmir and would become permanent residents with a right to vote. 

The security environment of Kashmir has been at stake in recent years due to India’s desire to oppress the freedom movement militarily. During Prime Minister Modi’s first term from 2014-2019 the Kashmiri freedom struggle has seen greater military suppression, especially since 2016 when a prominent freedom fighter Burhan Wani had been brutally assassinated. However, it seems that India has still not succeeded in achieving its desired objectives. After a landslide victory in the 2019 elections and with Mr. Modi once again in office as Prime Minster, the military suppression of the freedom movement in Kashmir has further intensified. Recently, India has deployed an additional 38,000 paramilitary troops in the region to join more than half a million troops and paramilitary forces already present. Along with this increased military presence in Kashmir, India has also been involved in continued aggression across the Line of Control (LoC) as evident by its use of prohibited ‘cluster bombs’ against the civilian population. These could have seriously provoked Pakistan to respond in an offensive way and might have resulted in another February 2019 episode.

At the present, Indian aggression along the LoC poses a major threat to peace in the region. India might believe that it could carry out a limited attack or ‘surgical strike’ against Pakistan which would stay below Pakistan’s nuclear threshold as evident from the February 2019 military engagement and the recent attacks along the LoC. India has repeatedly attempted to dominate the escalation ladder as was shown in the recent escalation instance the recent escalation following the Pulwama attack. Prime Minister Imran Khan has warned about the possibility of a ‘false-flag operation’ in Kashmir carried out by India for which Pakistan might be blamed. Based on such blame India could launch a limited attack or a low intensity conflict across the LoC. Consequently, Pakistan would be left with no choice but to respond in kind to any such aggression by India.

India’s abrogation of Kashmir’s special constitutional status and its military offensive in Kashmir could trigger another politico-military escalation between India and Pakistan within a year. India’s policy to forcefully make Kashmir an integral part of the Indian Union by annexing it through political and military means would serve a very dangerous precedent which would likely pose as a serious detriment towards the peaceful settlement of the Kashmir dispute. This change in the constitutional status of Kashmir would greatly limit the prospects for third-party mediation in the future especially for the United Nations, whose resolutions on Kashmir clearly provide a right of self-determination to decide Kashmir’s future. Unfortunately, the prevalent security environment in Kashmir is dominated by India’s aggressive behavior which ultimately would have long lasting implications for strategic stability throughout the South Asian region.

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