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FATF Greylist: Any Way To Get Out!

Michael Samuel

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Money laundering (concealment of illegally gained money then appear legal) and terror financing (activities which provide finance to individual terrorists or militant groups) nowadays is a big and dire problem. Many countries are engulfed in these problems and trying to get rid of it. Many steps have been taken to overcome these problems but all were in vain. When realized that it is a hard nut to crack a force was set up to root out terror financing and money laundering known as Financial Action Task Force (FATF). Financial Action Task Force commonly known as FATF is a global task force formed in 1989. This task force consists of 37 countries, with its headquarter in Paris, France. It is currently under the presidency of Mr. Marshall Billingslea who was appointed on July 1, 2018. Three main FATF observers are Indonesia, Israel, and Saudi Arabia. The main purpose of this force is to develop policies to combat money laundering and terror financing.

FATF has provided a series of recommendations which can be followed to stop money laundering and terror financing. Countries are monitored worldwide by the task force to examine if they have acted upon its recommendations to restrain the flow of funds to banned organizations (mafias, terrorist outfits, militant groups etc.). Since this is a serious threat at an international level to the integrity of an international financial system, this task force laid down the foundation of a list of those countries which are affected by or who are involved in money laundering and terror financing is known as greylist.

Pakistan’s history in the FATF greylist

It was 2009 when first time Pakistan was put into the Grey List. At that time Government of Pakistan People Party (PPP) was on the run. Later, the name of Pakistan was excluded from the greylist. After that, Pakistan’s name was again included in greylist in 2012 for the second time. In 2013 government of PPP ended and Pakistan Muslim League-Nawaz’s (PML-N) supremo Nawaz Sharif’s Government tenure started. Amid inclusion of Pakistan’s name in the grey list, Chief of Army Staff (COAS) launched an operation on June 15, 2014, against terrorism and militant groups called Operation Zarb-e-Azb. As this operation was on the run to hunt down the terrorists, world’s fourth-deadliest Army Public School (APS) massacre happened after which operation against terrorists intensified more. This operation helped a lot in a decimation of terrorism. When witnessed by FATF watchdogs that terrorism has been reduced to the much extent, name of Pakistan was excluded from the greylist in 2015.

As we know after 2015, terrorism has reduced more as compared to previous years and can be seen that it has almost vanished in Pakistan then what are the reasons that Pakistan’s name is again included in the greylist?

These were the aggressive tweets of Donald Trump in the month of January which pointed out that “the US has foolishly given $33bn to Pakistan to curb terrorism but Pakistan has done nothing in return except lies and deceit. Pakistan has failed to hunt down the terrorist and is providing safe haven to them.”

As a result of Trump’s tweets, a meeting was conducted and a petition was launched in which Pakistan needed three votes to stay out of the greylist and Pakistan did grasp the required number of votes (Turkey, China, and Saudi Arabia) and abstained itself to be placed to the list. After this, Khawaja Asif erupted and tweeted that we have thwarted the US’s agenda to put Pakistan to the list due to which Donald Trump jointly by Modi led Indian Lobby after two or three weeks again pressurized FATF for an unprecedented second discussion on Pakistan. Pakistan again needed three votes to stay out of the list. By then, the US convinced Saudi Arabia to give up its support to Pakistan in return for full membership of FATF. Then there left only two, China and Turkey. China, which is known to be all weather friendly and whose friendship is higher than the mountains, deeper than the ocean informed Pakistan that they are “opting out as they don’t want to lose face by supporting a move that’s doomed to fail” and thus voted against Pakistan. Turkey voted in favor of Pakistan. So, this time only one vote goes in favor of Pakistan and thus Pakistan was officially placed in the greylist on June 28, 2018 regardless of the 26-points action plan formulated by the International Cooperation Review Group (ICRG) of the Asia Pacific Group (APG) which was also submitted to the FATF to choke terror financing, money laundering, ban militant groups including mastermind behind the Mumbai attack Hafiz Saeed-led JuD and its affiliates and totally freeze their assets.

Pakistan is the ninth country to be placed on the Paris based FATF’s grey list while other eight states with strategic deficiencies are Ethiopia, Serbia, Sri Lanka, Syria, Trinidad and Tobago, Tunisia and Yemen. The plan to put Pakistan into the greylist was jointly moved by the US and three key powers of Europe (the UK, France, and Germany) in February. Finance Minister Dr. Shamshad Akhtar represented Pakistan and argued to remove Pakistan from the greylist but they did not hear a word of her sayings.

Consequences of non-implementation of action plan

As being placed on the greylist. It is now worth exploring that what could this mean for Pakistan. How its placement can affect Pakistan’s efficiency at national and international level.

Mainly Pakistan’s inclusivity in greylist can squeeze its economy and could make it harder for the country to meet its ascending foreign financing needs. This could also lead to a downgrade in Pakistan’s debt rating. Pakistan may also suffer a risk downgrade by multilateral lenders like the International Monetary Fund (IMF), Asian Development Bank (ADB), World Bank and European Union (EU). Currently, these are the major risks which are expected can be inflicted on Pakistan.

In case of blacklisted

If Pakistan fails to comply with its 26-points action plan then there is no doubt that no one can save Pakistan to be placed on the blacklist of the FATF which means total disaster of the country. Currently, FATF blacklist features Iran and North Korea.

Being blacklisted means direct sanctions on Pakistan’s major international transactions, imports and exports, foreign loans, can distort its international standing, banks can pull out, can be a fall in foreign currency inflow, further fall in Pakistan’s large current account deficit (CAD), Pakistan’s stock market can fall at a greater speed. These are few disturbing factors for Pakistan if it ends up blacklisted.

In case of a blacklist, above cited sanctions might also result up as a chaos at a national level in Pakistan leaving no jobs for the masses of Pakistan, increase in debts, increase in taxes, inflation and would be directly and constantly scrutinized by FATF’s financial watchdogs. All confidential transaction will go through under watchdog’s surveillance.

By putting all these risks aside, the factual evidence, both historic and current, demonstrates the incorrectness of these mentioned assertions. Pakistan was on the FATF grey list from 2012 to 2015. A period in which Pakistan’s imports and exports remained stable and grey listing did not prove to be a significant barrier to trade.

Recently, a delegation of FATF came to Pakistan to review the implementation of the action plan and asked Pakistan to maximize the penalty and imprisonment period for those who proved to be involved in such offenses.

What to do to get out of greylist?

The only way for Pakistan to get out of the grey list is to focus on the 26-point action plan. Implementation of action plan effectively by taking enforcement action against illegal money and value transfer services (MVTS), control on illicit movement of currency, identifying and investigating terrorist financing activity and target designated persons and entities, and persons and entities acting on behalf or acting at the direction of designated persons or entities, prevention of moving funds to designated terrorists including freezing of their assets (both movable and immovable) and demonstrate enforcement against TFS (targeted financial sanctions) violations.

South Asia

Human rights violations in India

Amjed Jaaved

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In yet another damning report, the United Nations’ High Commissioner for Human Rights, Michelle Bachelet expressed `concern over restrictions on Non-governmental Organisations, arrests of activists and implications of Citizenship Amendment Act.

She `appealed to the Government of India to safeguard the rights of human rights defenders and NGOs, and their ability to carry out their crucial work on behalf of the many groups they represent’. She `expressed regret at the tightening of space for human rights NGOs in particular, including by the application of vaguely worded laws that constrain NGOs’ activities and restrict foreign funding’. Besides, she `cited as worrying the use of the Foreign Contribution Regulation Act (FCRA), which a number of UN human rights bodies have also expressed concern is vaguely worded and overbroad in its objective’. The Act prohibits `receipt of foreign funds “for any activities prejudicial to the public interest’. But, it leaves vague definition of the `public interest’ ad `prejudicial’ to wild imagination of police officers. 

The Act, which was adopted in 2010 and was amended last month, has had a detrimental impact on the right to freedom of association and expression of human rights. Amnesty International was compelled to close its offices in India after its bank accounts were frozen over alleged violation of the FCRA. Bachelet noted, `The FCRA has been invoked over the years to justify an array of highly intrusive measures, ranging from official raids on NGO offices and freezing of bank accounts, to suspension or cancellation of registration, including of civil society organizations that have engaged with UN human rights bodies. ..Constructive criticism is the lifeblood of democracy. Even if the authorities find it uncomfortable, it should never be criminalized or outlawed in this way.’

India keeps the UN in dark: The UN Human Rights Committee oversees implementation of the International Covenant on Civil and Political Rights to which India is a party. The Committee  found that India did not  `show the specific nature of the threat or risks posed, and limit its responses to those necessary and proportionate to address such threat or risks’ . India was bound to explain to the Committee that it was invoking `national security and protection of public order as a reason to restrict the right to freedom of association’. 

The Committee noted that `more than 1,500 people have reportedly been arrested in relation to the [CAA] protests, with many charged under the Unlawful Activities Prevention Act – a law which has also been widely criticized for its lack of conformity with international human rights standards’.

Bachelet drew attention to arrest and continued detention  of   the 83-year-old Catholic priest Stan Swamy, a long-standing activist engaged in defending the rights of marginalized groups, despite his poor health. She urged India `to ensure that no one else is detained for exercising their rights to freedom of expression and peaceful assembly, and to do its utmost, in law and policy, to protect India’s robust civil society’. 

A bird’s eye view of India’s anti-human laws:  India claims to be the “world’s greatest democracy”. But, the shiny face of democracy has been disfigured by repressive Indian laws like: (1) Indian Armed Forces (Special Powers) Act, (2) Terrorist-Affected Areas (Special Courts) Act, (3) Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA), and (2) Prevention of Terrorism Act, 2002 (POTA). 

The aforementioned laws clothed police and security/armed forces with emergency powers without explicitly abrogating people’s fundamental rights under the Indian Constitution (a fundamental right cannot be usurped or altered). 

POTA is successor to TADA. The TADA remained in force between 1985 and 1995 (modified in 1987) under the background of the Punjab insurgency and was applied to whole of India. The Act had a sunset provision for lapsing after two years post-commencement, which it did on 24 May 1987.  The POTA is just old wine in new bottle.  It does not repeal fake cases under TADA. Indian media termed POTA as “draconian’. Verily so as penalties under this law are akin to those stipulated in Draco’s code of 610 BC to forestall future revolts by common men.  The code provided death penalty for even trivial offences like stealing an apple, or an earthenware utensil.

The POTA attaches evidentiary value to the telephonic, telegraphic and internet conversations.  The brutality of the law was brought into limelight when S. A. R Geelani, a Kashmir lecturer in Delhi University was implicated for attack on the Indian parliament (December 13).

POTA was employed to frame cases against several other Kashmiri leaders _ Yaseen Malik, Syed Ali Geelani et al.  Despite his frail health (ailing kidney, heart with right ear subjected to micro-surgery), Malik was arrested on March 25 under POTA for receiving ISI’s money when he was addressing a press conference at the Hurriyat office. The court acquitted him with observation that there is not an iota of believable evidence against him.

Syed Geelani and his journalist son-in-law, Iftikhar Gilani also were detained under POTA.  Funny charges on senior Geelani included: (1) “Being a member of Jamaat-e-Islami, he criticised US war against Afghanistan, and described himself as Pakistani”.

Iftekhar Geelani was detained for violation of Official Secrecy Act for possessing information about Indian troops’ movement of pre-1996 period.   The alleged information was available on the internet. Having failed to make a case against him, police charged him under the Pornographic Act!

POTA features: In what follows, we would review significant features of POTA. It usurps Constitution-of- India safeguards for fundamental rights (part 3, articles 13-35). The rights include “life and liberty of the person” (article 21) and “freedom of expression” (article 19). The POTA also violates article 21 which provides that “no person shall be deprived of his life or personal liberty except according to procedure established by law”. 

TADA was meant to suppress the Sikhs’ freedom movement.  POTA is intended to stifle Kashmiris’ freedom movement.  Due to heavy opposition from the NHRC, human rights organisations and political parties POTA was not introduced as a bill in parliament.  Instead, it was promulgated as POTO, Prevention of Terrorism Ordinance.

POTO became POTA on March 26, 2002. POTA as a modified version of TADA, with similar inconsistencies in protection of human rights.

The POTA violates international-human-rights standards, which provide the framework for international protection and promotion of human rights. It is also incompatible with international human rights standards and treaties, particularly the International Covenant on Civil and Political Rights (ICCPR), to which India is a party.

India has signed but not yet ratified the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) to validate torture under POTA. However, notwithstanding non-ratification, adherence to international human rights standards has been upheld by the Supreme Court of India in a number of decisions (for example, Vishaka & Others vs. State of Rajasthan & Others: 1997(6) SCC24).

The Telegraph Act makes intercepts inadmissible as evidence. But POTA allows it. Other rights-suffocative features of POTA include: (1) vague definitions, (2) insufficient pre-trial and trial safeguards, (3) threats to freedom of association and freedom of expression. Ensuing paragraphs highlight the features.

VAGUE DEFINITIONS: Section 3(5) of the POTA, while criminalizing membership of a “terrorist gang” or a “terrorist organisation,” does not clearly define what these terms mean. The crime is considered complete upon proof of membership.

Thus POTA provides for criminal liability for mere association or communication with suspected terrorists or expressing political opinions without the possession of criminal intent. Obviously, the section is repugnant to ` the right to freedom of association’ enshrined in Article 22 of the ICCPR.

Section 3(8), purports to punish those in possession of information of material assistance in preventing a “terrorist acts”. Failure to provide such information is punishable by up to three years’ imprisonment.

Section 4 of POTA allows legal presumption that if a person is found in unauthorized possession of arms in a “notified area,” he/she is automatically linked with terrorist activity. This along with other provisions undermines the basic right to be presumed innocent until proven guilty.

ARREST: Section 48(2) provides for pre-trial police detention for up to 180 days. This provision contradicts Articles 9(2) and 9(3) of the ICCPR which require that all arrested people be promptly informed of the charges against them and that they are entitled to trial within a “reasonable time”, or release.

TORTURE:  Torture in police custody is a well-known fact. Section 32 provides that confessions, even those under duress or torture, made to police officers are admissible in trial. This violates Indian Evidence Act, article 14(3) (f) of the ICCPR and article 20(3) of the Constitution of India.

Section 56 of the Ordinance provides for protection from punishment and blanket immunity to police officers who use torture or cruel, inhuman or degrading treatment during interrogations. POTA obviously contradicts India’s repeated promises that she is dedicated to eradicating torture”.

Efforts on the anvil to refine POTA are nothing but palliatives to cure police brutality.  Hence, they are not worth discussing.   When asked about the POTA, in an interview to The Hindu, Dato’ Param Cumaraswamy, former United Nations Special Rapporteur on Independence of Judges and Lawyers said: “Past experience had shown that draconian legislations did not provide much safety to the state against terrorists or militants but were used only to protect the safety of the government in power”. He added, “My concern is that extensive powers given to the executive can always be abused without there being any independent judicial review”.

Conclusion: India uses its draconian laws to gag dissent. The Hindu-monk chief minister of India’s northern state of Uttar Pradesh regards a cow as a citizen. He directed the police to register cases under National Security Act for offences concerning a cow. One hundred and forty cases were soon registered to terrify the Muslim.

The inescapable conclusion from the above analysis is that the POTA is meant to gag political dissent and crush freedom movements.  It baffles one’s imagination that POTA has the same goal as Draco’s code had 2, 613 years back that is “crush common men’s revolt by use of brutal force”.  POTA is unnecessary in view of India’s other equally draconian laws like Indian Armed Forces  (Special Powers) Act and Terrorist-affected Areas (Special Courts) Act. These laws allow pre-trial detention of “suspected militants” without disclosing reasons and house searches without warrants. An arrestee is considered guilty until he is proved innocent. An appeal against POTA lies to the inaccessible Supreme Court.

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South Asia

India’s fury at Moeed Yousaf’s interview?

Amjed Jaaved

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In an interview with Indian media outlet The Wire, Moeed Yusuf , revealed that India had expressed a “desire for conversation” but said that Pakistan’s agreement to talks would be conditional (Talks with India only possible with Kashmir as third party, says SAPM Moeed Yusuf,  Dawn 14 Oct 2020) . India quickly denied any offier for talks. Moeed as also his interviewer were quickly dubbed anti-India  jihadi.

A leader becomes a traitor the moment he stops singing paeans for “secular democracy”. Take Sheikh Abdullah. Barkha Dutt recalls (This Unquiet Land, p. 154) `In a 1948 speech to the United Nations, Sheikh Abdullah … made a blistering defence of the accession to India. Sher-e-Kashmir (Lion of Kashmir) roared, :`I had thought all along that the world had got rid of  Hitlers…but what is happening in my poor country I am convinced that they have transmigrated their souls into Pakistan…I refuse to accept Pakistan as a party in the affairs of Jammu and Kashmir’

Dutt says, “Sheikh Abdullah [later] began to talk about possibility of independent Kashmir…Soon after he changed his stance he was jailed and dismissed from office and was not able to lead the state for another twenty years’.

While talking to Cyril Al Maeda in  an exclusive interview that appeared on 12th May, Pakistan’s  former prime minister Sharif had  said  `Militant organizations are active. Call them non-state actors, should we allow them to cross the border and kill 150 people in Mumbai?’ During Kalbushan jhadav’strial, Indian counsel used the MNS statement ` to blame Pakistan for its alleged involvement in sponsoring terrorism in India’.

The factual position is that gullible  Sharif  had relied on statement  by  then serving ISI chief Shuja Pasha. Even Pasha’s statement was grossly misinterpreted. Pasha never asaid that it was ISI who in any way sponsored the Mumbai operation. Even the USA never trusted interrogation of David Headley who was `linked’  to the Mumbai incident. 

Let me quote   Mohammed Adobo  and   Etgar  Ugur  (eds.), Assessing the War on Terror, 2013, Lynne Reiner Publishers, Inc., Colorado 80301 (USA). Chapter V: Pakistan Perfidious Ally in the War on Terror, C. Christine Fair, p. 85)

According to Indian officials who interrogated him after his indictment, David Headley, an American involved in the Mumbai attacks conceded ISI involvement (Jason Burke, “ISI chief aided Mumbai terror attacks: Headley”, The Hindu October 19, 2010; Jane Perlez, Eric Schmitt and Ginger Thomson, “US had  warnings on Plotter of Mumbai Attack”, New York Times, October 17, 2010). US officials have not endorsed this claim. Bt, according to some reports, the current director general of the ISI Shuja Pasha, acknowledged that the persons connected to the ISI were involved in attacks (Woodword, Obama’s Wars, pp 46-47). Documentary analysis shows secretive Mumbai trials were translucent (Davidson, Betrayal of India: Revisiting the 26/11 Evidence).

It is a documented fact that India is stroking insurgencies in neighbouring countries. Unlike Kashmir, Bangladesh was not a disputed state like Jammu And Kashmir State. It was an integral part of Pakistan. But, harboured, nurtured, trained and armed Bangladeshi ‘freedom fighters’… Some Indian diplomats and RAW cover officers have made startling revelations in their books about involvement in insurgencies or terrorism in neighbouring countries. . For instance, RK Yadav, and B. Raman (The Kaoboys of R&AW: Down Memory Lane) make no bones about India’s involvement in Bangladesh’s insurgency. They admitted that India’s then prime minister Indira Gandhi, Parliament, RAW and armed forces acted in tandem to dismember Pakistan. Raman recalls ‘Indian parliament passed resolution on March 31, 1971 to support insurgency. India Gandhi had then confided to Kao that if Mujib was prevented from ruling Pakistan, she would liberate East Pakistan from the clutches of the military junta. Kao, through one R&AW agent, got hijacked a plane Fokker Friendship Ganga of Indian Airlines from Srinagar to Lahore. India’s security czar Doval publicly claims that he acted as a spy under a pseudonym in Pakistan for 11 years. India’s then army chief, SAM Manekshaw confessed in video interview that India Gandhi ordered him to attack erstwhile East Pakistan. (YouTube: Indian Army Stories of the Indo-Pak War 1971 by Sam manekshaw).

United Nations’ view of `accession:  Aware of India’s intention to get the ‘Instrument of Accession’ rubber-stamped by the puppet assembly, the Security Council passed two resolutions to forestall the `foreseeable accession’ by the puppet assembly. Security Council’s Resolution No 9 of March 30, 1951 and affirmative Resolution No 122 of March 24, 1957 outlaws accession or any other action to change status of the Jammu and Kashmir state.

Under hypnotic spell of Indian propaganda, readers naively accept IHK’s `assembly’ and preceding `instrument of accession’ as fait accompli. No sir, they aren’t. Aware of India’s intention to get the ‘Instrument of Accession’ rubber-stamped by the sham assembly, the Security Council passed two resolutions to forestall the foreseeable` accession’ by the puppet assembly. Security Council’s Resolution No 9 of March 30, 1951 and confirmatory Resolution No 122 of March 24, 1957 outlaws accession or any other action to change status of the Jammu and Kashmir state.

`Accession instrument’ is a myth, unregistered with the UN. Alastair Lamb, in his book Incomplete Partition (Chapter VI: The accession Crisis, pp.  149-151) points out that Mountbatten wanted India not to intervene militarily without first getting `instrument of accession’ from maharajah Hari Singh.  Not doing so would amount to `intervening in the internal affairs of what was to all intents and purposes an independent State in the throes of civil conflict’.  But, India did not heed his advice. It marched its troops into Kashmir without maharajah‘s permission _ an act of aggression. Lamb says `timing of the alleged Instrument of Accession undoubtedly affected its legitimacy'(p.172, ibid). She adds `If in fact took place after the Indian intervention, then it could well be argued that it was either done under Indian duress or to regularise an Indian fait accompli’.

He argues that the maharajah was travelling by road to Jammu (a distance of over 350 km). How could he sign the instrument while being on the run for safety of his life? There is no evidence of any contact between him and the Indian emissaries on October 26, 1947. Actually, it was on October 27, 1947 that the maharajah was informed by MC Mahajan and VP Menon (who had flown into Srinagar) that an Instrument of Accession is being fabricated in New Delhi. Obviously, the maharajah could not have signed the instrument earlier than October 27, 1947. The instrument remains null and void, even if the maharajah had actually signed it. The reason, as pointed out by Alastair is that the `signatures’ were obtained under coercion. Under law, any undertaking secured through coercion or duress is null and void. She points out Indian troops had already arrived at and secured Srinagar airfield during the middle of October 1947. On October 26, 1947, a further airlift of thousands of Indian troops to Kashmir took place. She questions: “Would the maharajah have signed the Instrument of Accession, had the Indian troops not been on Kashmiri soil?” Isn’t it funny that, in the summer of 1995, the Indian authorities reported the original document as lost or stolen?

Lamb concludes (p. 191, ibid):`According to Wolpert, V. P. Menon returned to Delhi from Srinagar on the morning of 26 October with no signed Instrument of Accession.  Only after the Indian troops had started landing at Srinagar airfield on the morning of 27 October did V. P.   Menon and M. C. Mahajan set out from Delhi from Jammu. The Instrument of Accession, according to Wolpert, was only signed by Maharajah Sir Hari Singh after Indian troops had assumed control of the Jammu and Kashmir State’s summer capital,  Srinagar’.

It is time the Kashmiris woke up and grab the opportunity to correct their historical blunder. It is `Now or Never’. No more palliatives.

Conclusion: India is unqualified to become a permanent member of Security council as it has flouted international treaties. India is wedded to `might is right’ (Noam Chomsky, Rogue States: The Rule of Force in World Affairs). It should be shunned as a rogue state and punished as a pariah states ( Tim Niblock, Pariah States and Sanctions in the Middle East).

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South Asia

Tripartite dialogue over Kashmir: Only Way out

Dr.Ghulam Nabi Fai

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Women walking past Indian security forces in Srinagar, summer capital of the Indian state of Jammu and Kashmir. Nimisha Jaiswal/IRIN

Dr. Moeed Yusuf, Special Advisor to Prime Minister of Pakistan on National Security and Strategic Policy disclosed in an interview with senior Indian journalist, Karan Thapar (October 13, 2020) that India sent us a message for a desire to a conversation. He added that Pakistan stands for conversation that moves us forward. He however emphasized that there are three parties to the dispute, Pakistan, India and there is a principal party, called Kashmiris.  The only thing that matters is the wishes of the people of Kashmir.

We whole heatedly welcome the articulation of Dr. Yusuf to include the Kashmiri leadership in the talks. The people of Kashmir will welcome any talks between India and Pakistan as long as the genuine leadership of the people of Jammu & Kashmir is the part of process of negotiations. They steadfastly maintain that tripartite talks are the only way to resolve the Kashmir issue that has dominated the South Asian region for over 73 years. They maintain this constructive position, despite the outrage caused and the indescribable suffering inflicted on them, by the barbarities of the Indian occupation forces.

The people of Kashmir want to emphasize that as the dispute involves three parties –Government of India, Government of Pakistan and the people of Kashmir who are the most directly affected – any attempt to strike a deal between two parties without the association of the third, will fail to yield a credible settlement. The contemporary history of South Asia is abundantly clear that bilateral efforts have never met with success. The agreement between India and pro-India Kashmiri leaders, like Sheikh Abdullah failed because they sought to bypass Pakistan. Similarly, the agreements between India and Pakistan, like Tashkent Declaration and Simla Agreement failed because they sought to by pass the Kashmiri leadership. All these attempts served only to prolong the dispute, leaving the basic issue unsettled and preserved the stalemate. Although the Simla Agreement of 1972 is irrelevant to the Kashmir dispute, yet it did visualize a ‘final settlement’, but failed for a concrete course of action toward determining Kashmir’s status by the will of its people.

No longer can the mere holding of talks between India and Pakistan defuse the situation. It is a matter of record that during the 72 years history of dispute, India has merely used the façade of talks to evade settlement and ease internal or external pressure. In 1962, when India was facing grave difficulties because of war it had launched against China, it agreed to a round of ministerial talks only to delude two eminent emissaries sent by the United States and the Great Britain. The six seemingly serious sessions were simply exercise in futility. After the end of the 1965 war, when the Security council had committed itself to address the underlying cause of the India – Pakistan conflict – which was none other than the Kashmir dispute – Indian secured the support of its ally, the former Soviet Union and the tacit acquiescence of others to help consign the dispute to limbo as far as the United Nations was concerned. Today, India is again in confrontation with China on one side and with Pakistan on the other. We earnestly hope that the Indian Government’s message to Pakistan ‘for a desire to have a conversation’ will not be one more step in that direction to sabotage the real intent of the talks through diversionary tactics.

Dr. Moeed Yusuf’s approach is based on pragmatism when he said that there can be no progress in talks if they are not accompanied by practical measures, like:

i. To release all political prisoners; ii. Reverse military siege in Kashmir, iii. Pull back the Domicile Law that changes the demography of Kashmir; iv. End human rights violations; and v. Stop Indian state terrorism.

In the past, India has not desisted from its human rights violations while announcing its intent to talk. India has to be told in an understandable language that peace cannot be held, nor continued as long as terror reigns over Kashmir and India remains at war with Kashmiris.

The people of Kashmir believe that the conversion of Line of Control (LoC) into an international border is a non-solution. Such an idea is an insult to the intelligence of the people of Kashmir. They fought against status quo and as Dr. Moeed Yusuf said ‘Line of Control is a problem and cannot become a solution.’

We hope that the Secretary General of the United Nations maintains and intensify his watch over the situation in Kashmir and not be lulled into the belief that India and Pakistan will initiate any meaningful dialogue over Kashmir unless there are some mediatory initiatives by an impartial third party. Third party could be the United Nations itself or a person of an international standing who could be delegated by the United Nations to bring all the three parties together.

The policy that aims at merely defusing the situation, whatever that may mean, and not encouraging a credible settlement has not paid in the past. It is likely to do even less now.

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