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Article 370 and 35-A: Rigmarole to becloud UN charter and resolutions

Amjed Jaaved

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India has scrapped articles 370 and 35-A of its constitution. The article 370 withdraws `special status’ for disputed Kashmir. According to India, this status was quid pro quo for fire-brand Kashmir leader Sheikh Abdulah and so-called `Kashmir constituent assembly’ for `acceding to India’. Article 35-A protects hereditary rights granted by Kashmir’s prince to its subjects.

To divert world’s attention from disputed nature of the state, India beclouds the bitter truth that Kashmir is a disputed state, not an `integral part’ of India. `Accession to India’ is ultra vires under United Nations’ resolutions and Simla Accord. Future of Kashmir remains to be self-determined by Kashmiris themselves.

Historian Alastair Lamb, in his works has lambasted India’s view that Kashmir prince, maharajha Hari Singh acceded to India by signing an `instrument of accession’ on October 26, 1947.Avtar Singh Bhasin, through lens of Pandit Jawahar Lal Nehru’s documents, shows that Nehru had a perfidious mind. He remained committed to plebiscite and never cared a fig for `accession’ resolution or `instrument’. Curious readers may refer to Lamb’s Incomplete Partition,  Kashmir – A disputed legacy 1846-1990, and Birth of a Tragedy. Avtar Singh Bhasin, have tried to sift truth about `Pakistan’s aggression’ and the myth of `accession instrument’. Curious readers may refer to Lamb’s Incomplete Partition,  Kashmir – A disputed legacy 1846-1990, and Birth of a Tragedy; besides, Bhasin’s India and Pakistan: Neighbours at Odds ( Bloomsbury, New Delhi, 2018),  10-volume documentary study of India-Pakistan Relations 1947-2007. It contains 3649 official documents, accessed from archives of India’s external-affairs ministry. Also, Selected Works of Jawaharlal Nehru (SWJ), Nehru Memorial Museum and Library, Department of Culture, Government of India.

Let’s have a bird’s-eye view of documented facts.

UN outlaws `accession’ and supports plebiscite: Accession resolution, passed by the occupied Kashmir’s ‘constituent assembly’ is void. Aware of India’s intention to get the ‘Instrument of Accession’ rubber-stamped by the puppet assembly, the Security Council passed two resolutions, Security Council’s Resolution No 9 of March 30, 1951 and confirmatory Resolution No 122 of March 24, 1957,  to forestall the `foreseeable accession’.

It is eerie to note that `Instrument of Accession’ is not registered with United Nations India took the Kashmir issue to the UN in 1948 under article 35 of Chapter VI which outlines the means for a peaceful settlement of disputes on Jammu and Kashmir state, not under Chapter VII dubbing Pakistan as `aggressor’. India knew at heart that she herself was an aggressor.

India’s `father of constitution’ Ambedkar advocates a plebiscite: After revoking the special status of Jammu and Kashmir, India’s prime minister Narendra Modi told the nation that the government has fulfilled Ambedkar and other tall leaders’ dream. His view was orchestrated by a coterie that included Union Minister Arjun Meghwal, Vice President Venkaiah Naidu, and  BSP President Mayawati.  There are no documents to corroborate the view that Ambedkar opposed article 370. Ambedkar was misquoted by Hindu extremist leader  Balraj Madhok in RSS mouthpiece, Organiser, published on November 14,  2004

Ambedkar’s well-documented speeches, writings and parliamentary debates  are available on the Ministry of External Affairs’ website. Ambedkar sought a quick solution for the Kashmir issue and advocated a plebiscite. Ambedkar even said that the Partition was the right solution for Kashmir!

In a speech Ambedkar rendered in the Parliament on 10 October 1951, while resigning from Nehru’s cabinet, he said, “Give the Hindu and Buddhist part to India and the Muslim part to Pakistan, as we did in the case of India. We are really not concerned with the Muslim part of Kashmir. It is a matter between the Muslims of Kashmir and Pakistan. They may decide the issue as they like.” (BR Ambedkar,  in 1951). He suggested a zonal plebiscite saying, “… If you like, divide it into three parts: the Cease-fire zone, the Valley and the Jammu-Ladhak Region, and have a plebiscite only in the Valley. What I am afraid of is that in the proposed plebiscite, which is to be an overall plebiscite, the Hindus and Buddhists of Kashmir are likely to be dragged into Pakistan against their wishes and we may have to face the same problems as we are facing today in East Bengal.” Obviously, Ambedkar did not want to cling to Valley against wishes of the Muslim majority there. In another speech in 1953, during a parliamentary debate on India’s

foreign policy, Ambedkar said, “The key note of our foreign policy is to solve the problems of the other countries, and not to solve the problems of our own. We have here the problem of Kashmir. We have never succeeded in solving it. Everybody seems to have forgotten that it is a problem. But I suppose, someday, we may wake up and find that the ghost is there.”(BR Ambedkar, in 1953).

Nehru disowns `accession’ and supports plebiscite: In  Chapter 5 titled Kashmir, India’s Constitution and Nehru’s Vacillation (pages 51-64), Bhasin Nehru discarded maharajah’s and Kashmir assembly’s `accession’. In a letter dated October 31, 1947, addressed to the disputed state’s prime minister, he `after consideration of the problem, we are inclined to think that it [plebiscite] should be held under United Nations’ auspices (p. 28 ibid.). He reiterated in New Delhi on November3, 1951 that `we have made it perfectly clear before the Security Council that the Kashmir Constituent Assembly does not [insofar] as we are concerned come in the way of a decision by the Security Council, or the United Nations’(SWJ: Volume 4: page 292, Bhasin p.228). Again, at a press conference on June 11, 1951, he was asked `if the proposed constituent assembly of Kashmir “decides in favour of acceding to Pakistan, what will be the position?”’ he reiterated,  `We have made it perfectly clear that the Constituent Assembly of Kashmir was not meant to decide finally any such question , and it is not in the way of any decision which may ultimate flow from the Security Council proceedings’ (SWJ: Volume 15:, Part II, page 394. Bhasin page 56). He re-emphasised his view once again at a press conference in New Delhi On November 3, 1951. He said `we have made it perfectly clear before the Security Council that the Kashmir Constituent Assembly does not [insofar as] we are concerned come in the way of a decision by the Security Council or the United Nations’. Bhasin points out (page 57 op. cit.), `at press conference on 24 July, 1952 when asked what the necessity of plebiscite was now that he had got

[accession by]

the Constituent Assembly, he replied “Maybe theoretically you may be right. But we have given them an assurance and we stand by it (SWJ: Volume 19, pp. 240-241. Bhasin).

Was India the `aggressor’ in Kashmir in 1947: The factual position is that India marched its troops into Kashmir without Maharajah’s permission _ an act of aggression. Historian 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 [prince] 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. Lamb says `timing of the alleged Instrument of Accession undoubtedly affected its legitimacy'(p.172, ibid). He adds `If in fact it 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’.

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 [if signed at all] after Indian troops had assumed control of the Jammu and Kashmir State’s summer capital, Srinagar.

Lamb regards the so-called Instrument of Accession, ‘signed’ by the maharajah of Kashmir on October 26, 1947, as fraudulent (Kashmir – A disputed legacy 1846-1990). 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. Lamb 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.

He questions: “Would the Maharajah have signed the Instrument of Accession, had the Indian troops not been on Kashmiri soil?” 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. In his later work, Birth of a Tragedy, Lamb claimed that Maharajah of Jammu and Kashmir never signed the Instrument of Accession at all.

No allegiance to Indian constitution in `instrument’: The ‘Instrument’ expresses ‘intention to set up an interim government and to ask Sheikh Abdullah to carry the responsibilities’ with maharajah’s prime minister. By Balkanising the disputed state, India tore the Instrument of Accession, even otherwise doubtful, to shreds. Para 7 of the Instrument of Accession,  `signed’ by Maharaja Hari Singh ostensibly on October  26, 1947 stated, “nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future Constitution of India or to fetter accession resolution, passed by the occupied Kashmir’s ‘constituent assembly’. Bhasin, p. 57).

Pakistan never labeled `aggressor’ at UN: Nehru told parliament on March 1, 1954 `that …United States have thus far not condemned it [aggression] and we are asked not to press this point in the interest of peace (Bhasin,  pp. 55-56, ibid.).

Nehru himself invokes UN’s intervention: Bhasin points out Nehru made `tactical error’. One `of committing himself to the UN’ (p. 28. op. cit., SWJ: Volume 8: pages335-340). Accession documents are un-registered with the UN.

Post-Nehru equivocal rhetoric: The Kashmir Question is intact on General Assembly’s agenda, with United Nations’ Military Observers’ Military Group on duty.

Inference: It is eerie that the whole architecture of India’s `integral part’ stand on Kashmir is erected on the mythical `instrument of accession’ and its endorsement by the disputed state’s assembly. Legal rigmarole at India’s Supreme Court about special status being temporary or permanent is immaterial. UN charter and right to self- determination override ultra vires `accession’ antics. 

Mr. Amjed Jaaved has been contributing free-lance for over five decades. His contributions stand published in the leading dailies at home and abroad (Nepal. Bangladesh, et. al.). He is author of seven e-books including Terrorism, Jihad, Nukes and other Issues in Focus (ISBN: 9781301505944). He holds degrees in economics, business administration, and law.

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South Asia

The efficiency of German contribution in the Afghan peace process

Ajmal Sohail

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Germany is heavily involved in the afghan affairs since 9.11.2001; the country has brought in to being the modern Afghanistan thru launching the international Bonn conference “Bonn 1” in December 2001, the said conference toke place right after the collapse of the barbaric regime of Taliban in Afghanistan. Furthermore, it paved the way to engage several rival groups to establish an interim administration under the leadership of pro-American figure “Hammed Karzai”. Albeit the conference was a turning point in the Afghan modern history, but it encompassed numerous shortcomings because Taliban, Haqani Network and Hikmatyar band, who had been the main adversaries to the acting Government, were excluded from the process, which opened Pandora’s Box. Moreover, the national interests and apprehensions of the regional countries were not taken serious, which in turn caused destabilization and gloominess in Afghanistan.

Consequently, Pakistan and Iran who have been pursuing strategic depth in Afghanistan began to regroup, fund, train and outfit the Afghan government antagonists, which unfortunately incited a proxy war in the country. 

The second Bonn conference

Germany hosted the second Bonn conference in December the 5th 2011 to celebrate the 10th anniversary of the first Bonn conference, in order to renew the so-called mutual commitment to a table, democratic and prosperous future for Afghanistan.

In addition, the participants of the conference ought to shed lights on some issues such as governance, security, economic developments, regional cooperation, peace process and the way forward. The participants called for a political solution to achieve peace and security in Afghanistan, in order to ensure durable stability.

Additionally, it was discussed to promote capacity building in the country to uphold   a political process, to endorse negotiation and reconciliation. Unfortunately, the conference primarily focused on economic developments and continuation of democratization in the country, so that the peace process was sidelined and the root-cause of the instability and insecurity was not identified. Which ended up with further destabilization and blood-shed in addition, sparked fears and violence in Afghanistan.

Doha conference

In July the 7th 2019 Germany and Qatar hosted a conference in Doha Qatar, which was labeled intra-afghan dialogue. The hosting countries endeavored to bring about a framework in order to support the peace process in Afghanistan. In accordance with the joint statement, that the country is at a central crossroad to snatch the chance to accomplish peace, so the shortest concord linking the afghan adversary groups could be one of the essential factors of any process leading to such an objective.

It was also expect, that the conference would contribute to confidence-building amid chief rivals to hold up peace and constancy in Afghanistan. Although the conference did not have a tangible agenda, but at the end a resolution was released calling for reducing violence, avoiding to assail public institution and bringing civilian causalities to “zero”.  Despite the efforts of the conference hosting countries, the conference comprised inadequacies; the Afghan government, which ought to be the main party, was excluded from the direct-intra-afghan-dialogue.

Not only the ceasefire, which has been the only wish of the Afghans, was not sincerely addressed, but also no-part of the outlined resolution has been implemented. Regrettably convening of the conference did not put into practice the expectations of the Afghan people, so that the security situation fundamentally deteriorated.  

The third Bonn conference

Subsequent, to the walk out of the US president from the Afghan peace deal, Germany wants to jump in exerting its leverage to bring the Afghan rivalry bodies to the negotiation table. Germany is really concerned, if the US troops withdrawal will take place Kabul government would collapse and the positive developments have so far came about would be lost. Thus Markus Potzel Germany’s special envoy for Afghanistan and Pakistan, since some times endeavors to hold meetings with the representatives of both Taliban and the Afghan government, in order to initiate another round of peace talks.  

 Consequently, If Germany genuinely put forth its efforts, it will help to avoid political vacuum in Kabul, let the democratization process to flourish, women rights to thrive and the economic prosperity to boom. Germany enjoys full-scale leverage in the entire region and beyond, because Germany stationed the second largest troops in Afghanistan, the country is one of the main initiator of the NATO Resolute Support Mission for Afghanistan and it is one of the top 10 contributors to the reconstruction process and humanitarian assistance in the country.

Germany has very good diplomatic relations with almost all of the surrounding countries of Afghanistan; it has influence on all of the gulf countries including Qatar, Saudi Arabia and UAE, which are supposed to be the major patrons of Taliban.

In addition, Germany leads the EU commission and it is the number one economy in Europe and number 4 economy in the world. If it will put in 2% of its GDP to the NATO annual budget, Germany would be the second leverage enjoyer within NATO following the United States of America. So Counter Narco-terrorism Alliance Germany (cnt-alliance) express the need for the initiation of the third Bonn conference, which should include all opponents to be brought to the negotiation table, in order to form a framework of lasting peace, continuation of the political process, stability, Good and lean governance, economic prosperity, revival of democratic norms and revamping of human and women rights as well as confidence building amongst regional countries.   

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Popularity-Graph of PM Imran Khan has not dropped down

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Although the economy of Pakistan has deteriorated, price hike, increase in utility bills, food prices and consumer prices of daily used items has grown up, the job market has deteriorated. According to a survey, mostly people are complaining about price-hike and the unavailability of jobs. Some people are complaining about the bad practice of nepotism and especially targeting “hired electable and technocrats”. It is a fact that the PTI government has failed to meet the expectations of its voters. PTI workers and supporters have been cornered and ignored.

What so ever the government is presenting economic parameters, to defend themselves. What so ever reasons or logic and explanation are provided by the Government to defend themselves? How much blame is put on previous governments, but the failure of the PTI government cannot be justified. The common man in Pakistan is a victim and suffering.

Yet, the popularity of Prime Minister Imran Khan has not deteriorated. According to a small scale survey, the public will vote for Imran Khan in the next general election. As per Survey, no one was willing to accept Maulana Fazl-u-Rehman, leader of JUI-F, as prime Minister of Pakistan. The popularity of PPP and PML-N has also deteriorated sharply.

Strange! It is really very strange, while people are complaining about the performance of PTI Government, but still, praise PM Imran Khan. Some people blame his team, while other analyses as the nature of issues inherited by the previous government are so complex that no one can manage quickly. It might take more time to reach any conclusion and favors that the PTI government should complete its term of 5 years and wait till 2023, for the general election.

Pakistan is a democratic country and the constitution of Pakistan protects the right of every citizen to protest, express his/her opinion, criticize the government and its policies, can organize any procession, demonstration or Dahrna – sit-in.  “Azadi March” is permissible in our system and legal, and the government has not offered any resistance in it. The government will not disturb them as long as they stay within the law and peaceful.

Such agitations are part of the Pakistani political system and has a long history. Whenever some of the political parties lose in the election, they blame the winner party or ruling party for rigging and asks them to resign and dissolve assemblies. Even the currently ruling party PTI has been protesting the Government in 2014 and so on. But history has witnessed, no Prime Minister one prime Minister resigned or assemblies dissolved in past as a result of opposition pressure. It is expected, that this time also the PM will not resign, and not dissolve the assemblies.

However, the opposition always gains millage and concessions through negotiations and deals. This time is also no exception and it is guessed that some way out will be explored soon.

But there is a lesson for PM, to pay more attention to the issues of the common man in Pakistan. He has to give due importance to PTI workers and supporters. He must respect the merit and create opportunities for qualified people.

There are 1.5 million fresh graduates every year entering the job market, but the creation of jobs is not in accordance with it. As a result, youth are desperate and unfortunately may involve in negative activities. It is worth mentioning that the biggest vote bank and political force for PM Imran Khan were “Youth”. Pakistan’s demography consists of 70% of youth under the age of 40.

It is suggested that PM may take serious notice of the ground situation. Realize the problems of the common man in Pakistan. May initiate major structural changes and deep reforms in all dimensions.

Pakistan possesses huge potential for growth if enabling environments are provided and right policies are implemented, there is no reason that Pakistan’s economy take-off rapidly.

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Pakistan,a Victim of Vicious Circle: The Container Politics

Asad Ullah

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It’s pretty tough to comprehend Pakistan’s politics or the behavior of Pakistan’s political leaders. The example of Pakistan’s political system and politicians can be tacit with Robert Jervis’s astounding words. “When you pick up one piece of this planet, you find that one way or another, it’s attached to everything else-if you jiggle over here, something is going to wiggle over there… We need this sense of the continuing interconnectedness of the system as part of the common knowledge so that politicians feel it and believe it, and so that voters feel it and believe it, and so that kids feel it and believe it so that they’ll grow up with an ethic.”

Since 1947 Pakistan is trapped in a vicious circle, and it’s hard to get rid of this wicked circle with the current political system. Immense tension with neighbor countries, internal political instability, high inflation rate, massive unemployment, poverty, discrimination, corruption, human rights violation, economic problem, low level of domestic and foreign direct investment, energy shortage, wrecked infrastructure, weak and self-centered political leader ruined the country. Now we are witnessing a massive number of lessening faiths on the institutions of almost all kinds. People don’t trust the government; they don’t believe any corporation and virtually no political leader — the reasons why people’s trust is declining in government. The govern leaders do not fulfill their promises, they always raise different slogans spreading fake news to convince the voters for votes, but things are not still the same after elections; all the obligations remain broken. Thus, people certainly don’t believe politicians.

After 71 years of a bumpy hard and tough journey, the people of Pakistan in 2018 elected a new prime minister with much new hope, to fight against corruption and other serious challenges. This hope was up to the greatest extent achieved when the supreme court of Pakistan took action against the corrupt leaders and imprisoned them. With such enormous weight, the oppositions are now vindicating a mean to get rid of the present administration; the adversaries have started a long march called Azadi-March, with the aim to takeover Khan’s (Imran Khan Niazi current Prime minister of Pakistan) government. The majority of the people are against the so-called Azadi-March, as they are aware of situations. To sidetrack Imran Khan’s consideration, these opposition leaders have started Azadi-March, where thousands of protestors are marching to the capital city Islamabad, calling on prime minister Khan over the weak and fragile economy and corruption.

Some religious groups organized the Azadi-March and political rivals, Jamiat Ulema-i-Islam-Fazal (JUI-F) party prearranged the protests, almost all parties have used the march to show their complaints throughout what they call the Azadi March (or Freedom March).The main aim of the Azadi-March, calling Imran Khan to resign, they believe that the current government ruined to satisfy their promises, and the administration is amateurish, inexpert, and doesn’t distinguish how the state-run. While addressing the people, Fazal said all Pakistani, from Karachi to Islamabad, want that prime minister Imran Khan should resign, further stated that prime minister still has time to deferentially submit his resignation because the Pakistani will not give him also time to do so.

The purpose behind such Azadi-March isn’t only that they want to overthrow the prime minister, but they want him to stop disparaging the adversaries. The opponents, according to most of the local people, are corrupt and crooked, and they are responsible for the country’s weak institution and corruption. Since now, Khan is taking legal actions against the oppositions with the support of millions of Pakistani people, thus permit the opponents formed a coalition to stand against Khan. With the help of millions of people Khan isn’t against their Azadi-March, but it’s something everyone knows, the country is going through tough time, skirmishes with India and recently with Afghanistan, ongoing economic reforms, working to encourage tourists and foreign direct investment, and many other developmental projects, such actions or the so-called Azadi-March will ruin the hope of the current administration and people. The immediate adverse consequence of the Azadi-March is also on the recent Kashmir issue. Currently, the prime minister and his administration are working to find a solution for IOK,by voicing on a different medium, such domestic scuffle will not only hamper the objective but will instead encourage the neighbor states to take advantage of domestic unrest.

The time being Khan is dealing with massive problems, the oppositions should stand with Khan, instead of creating other domestic violence and discontent. The continues Azadi-March will do nothing more than internal turbulence and other dangerous predicaments that will hit the country with more severe difficulties. Democracy means the government of the people, by the people, for the people, which specify that the people of Pakistan elect the current government. Pakistan is a democratic country where people can choose any leader they trust. To make it more vibrant, Pakistan is not the legacy of some elites to govern all the time.

A country with more than 200 million people ought to decide their future; they should stand with Khan and support his campaign of fighting against corruption and corrupt people to bring peace, political stability, economic development, and employment opportunities. Fora very long time, we have experienced different government and their fake promises; they have tumble-down the state’s institutions, nepotism, favoritism, and cronyism, all were the hidden agendas of the previous government. Thus, it is clear that the present government is fighting against all the above problems.

Finally, let us begin anew — recalling the current Azadi-March, which is not a sign of being active or reliable, but rather a sign of weakness. Sincerity is always subject to proof, and when you don’t have a single proof, you are lucky enough to have needles in your chopsticks. Let us never negotiate with these political leaders who are involved in the march out of fear. But let us never fear to negotiate.

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