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Why successful mediation efforts could not be employed to resolve the Kashmir conflict?

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Friday prayers in Srinagar, Jammu and Kashmir. © John Isaac

Mediation is a process in which a dispute between two parties is resolved effectively with the help of a third party. It helps to resolve international conflicts peacefully because in mediation the third-party mostly has no direct gains from it and cannot have coercive policies, rather it discusses win-win situation for both parties and helps them resolve the issue. Unfortunately, Kashmir has been a bone of contention between India and Pakistan for almost 74 years, and yet all mediation efforts have failed.

Kashmir is a disputed territory between India and Pakistan in the South Asian region. The issue dates back to 1947 during the partition of the sub-continent when India and Pakistan were formed and were liberated from the British colonialism. At the time of partition, there were more than 500 princely states and they either had to accede to India or Pakistan or choose to stay independent.  Moreover, they had to keep their geographical and religious contiguity in mind before acceding to any of the state. Many states made quick decisions but the Maharajah of Kashmir delayed the decision because he was a Hindu and wanted to join India but the majority of population was Muslim and they wanted to be a part of Pakistan. During his contemplation, the Indian forces entered into the state of Jammu and Kashmir to illegally occupy the state. As a result, tribal groups from Pakistan entered into the state to help their Muslim brothers and Pakistan also backed them actively. Realizing the sensitivity of the matter, India took this issue to the United Nations. The UN helped in establishing a ceasefire line that divided the state into two parts, one controlled by Pakistan called Azad Jammu and Kashmir (AJK) while the other is under Indian occupation and is called Indian Occupied Kashmir (IOK).

Since then, the UN has passed several different resolutions to resolve the Kashmir conflict for good but India is not willing to accept the propositions of UNSC and other mediators. Kashmir still remains an issue to this day and the people of Kashmir are still waiting to get their right to self-determination and accession to Pakistan. India on the other hand has heavily militarized the territory and is trying to change the demography of Kashmir to reduce the Muslim majority.

Efforts of Mediation in the Kashmir Conflict

United Nations formed a special commission for the resolution of the Kashmir conflict known as the United Nations Commission for India and Pakistan (UNCIP). UNCIP and United Nations Security Council (UNSC) have passed a number of resolutions after the 1947-48 war for Kashmir, one of the principal resolutions being the one of 21st April, 1948 by the UNSC that stated: “Both India and Pakistan desire that the question of the accession of Jammu and Kashmir to India or Pakistan should be decided through the democratic method of a free and impartial plebiscite”. This resolution focused on the basic human right of Kashmiri people to choose to live with whoever they want and they have the right to form an independent state.

The UNSC resolutions that came after that also focused on the point of plebiscite and the principles for the conduct of plebiscite. The UNCIP focused on the conduct of free and fair plebiscite for Kashmiri people in both parts of Kashmir and let the people vote for either India or Pakistan. UNCIP also passed some resolutions in this regard. The resolutions passed by UNCIP on 13th August, 1948 and 5th January, 1949 also reinforced the self-determination and plebiscite resolutions of UNSC. In July 1949, India and Pakistan established a ceasefire line through the Karachi agreement that was to be supervised by the military observers. The military adviser had the command of these observers and they all made the main group of United Nations Military Observer Group in India and Pakistan (UNMOGIP). 

After the termination of UNCIP, the United Nations Security Council further passed a resolution no. 91 on 30th March, 1951 affirming that the constituent assembly and any action taken by it for the future of Kashmir would not constitute a disposition of the state and that the future would be decided through a plebiscite. It also decided to continue the working of UNMOGIP and continue the supervision of ceasefire in Kashmir. The other functions of the UNMOGIP were to observe the condition of ceasefire and report it to the UNSC. They were also supposed to investigate the complaints of ceasefire violations and give a written report of findings to each party and the Secretary General.

On 24th January, 1957 UNSC passed the resolution no. 122 regarding the determination of future of the part of state. It reaffirmed that the actions taken by constituent assembly would not satisfy its earlier resolutions and again called for a plebiscite. Later during the 1965 and 1971 wars between India and Pakistan, the UNSC asked both states to cease fire and follow the UN resolutions for Kashmir dispute. It maintained that the Kashmir dispute should be resolved by free and fair plebiscite and not to be taken militarily.

All the efforts made by the United Nations in order to resolve the Kashmir conflict have failed because of India’s assertiveness in the state of J&K. India never agreed to taking out her forces from Kashmir and neither to hold a free and fair plebiscite that could help in determining the future of Kashmir. Mediations cannot be forced and both parties need to consent on a given solution by the mediators but India has never agreed upon the stance of the mediating body and keeps adding military in the region.

Some examples of arbitration tried by the United Nations that failed are as follows:

  • The first effort made in March 1949, where UNCIP convinced both parties to withdraw forces and asked for submission of their plans for the withdrawal, Pakistan submitted the plan but India refused.
  • Then in August 1949, another effort was made by President Truman and PM Attlee where they asked both parties to submit to the arbitration of Admiral Nimitz, Pakistan accepted this proposal but India rejected it again.
  • Then in December 1949, the president of UNSC General McNaughton proposed that the withdrawal should be in a such way that it does not impose fear in any party, Pakistan again accepted the Proposal while India rejected it.
  • In July 1950, Sir Owen Dixon’s proposal about the exact sequence of withdrawals from Jammu and Kashmir territory were accepted by Pakistan but India rejected them.
  • In January 1951, the Prime Ministers of common wealth suggested that Indian and Pakistani troops in Kashmir should be replaced by neutral troops from Australia and New Zealand, Pakistan agreed to this; India did not.
  • In December 1952, the security council defined the number and character of the forces on both sides of ceasefire line present in Kashmir before the plebiscite, the rest were to be withdrawn. Pakistan accepted this resolution but India rejected it.
  • In early 1958, the UNSC again deputed Dr. Frank Graham on a mission of mediation between India and Pakistan for the solution of dispute. Frank Graham made five recommendations all of which were accepted by Pakistan and rejected by India.
  • The ceasefire violations by India time to time also show how India does not care about International Law and Human rights and keeps the torture going without holding a plebiscite do decide the future of the state.

The US supported the composite dialogue process between India and Pakistan which came to an end after the Mumbai attacks in 2008 and since then every time US hints at mediation, Delhi reacts with hostility. The reason is that Kashmir issue is not merely about a piece of land, rather it is more about nationality and political ideology. The Modi government stands tough on militancy in the Kashmir territory in order to enhance its claim and use it as a tool to instigate the notion of Nationalism in the Indian population to give legitimacy to his actions.

One of the major reasons for the failure of UNSC in bringing a peaceful and permanent solution for the Kashmir conflict is that it views the conflict as a political issue rather than a legal one. The Indian aggression and occupation should be seen as an issue of humanitarian intervention and should be dealt according to the international law in the International Court of Justice rather than an issue of political differences between India and Pakistan. The instrument of accession by India is the core issue which the UNSC consistently failed to point out in its resolutions.

Conclusion:

Many efforts of mediation have been made in the earlier days of the conflict by the United Nations in order to convince both India and Pakistan for a solution of the Kashmir crisis. Although UN has passed several resolutions in order to mediate between India and Pakistan but the drawback of mediation is that it is not coercive, it needs the consent of the parties in conflict upon a certain point. In case of Kashmir, India’s assertiveness and extremist policies is a major reason why mediations have failed in resolving the Kashmir conflict. The international community needs to realize that this is not an issue of political differences rather an issue of violation of the international law.

Amna Naveed is an undergraduate student of International Relations at National Defence University, Islamabad, Pakistan. She is a freelance content writer and a keen learner who enjoys analyzing and writing about current affairs, world politics and diplomatic relations.

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South Asia

India’s Unclear Neighbourhood Policy: How to Overcome ?

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India has witnessed multiple trends with regards to its relations with its neighbours at a time vaccine diplomacy is gaining prominence and Beijing increasing the pace towards becoming an Asian superpower, whereby making these reasons valid for New Delhi to have a clear foreign policy with respect to its neighbourhood.

Introduction

The Covid Pandemic has led to increased uncertainty in the global order where it comes to power dynamics, role of international organisations. New Delhi has tried to leave no stone unturned when it comes to dealing with its immediate neighbours.  It has distributed medical aid and vaccines to smaller countries to enhance its image abroad at a time it has witnessed conflicts with China and a change in government in Myanmar. These developments make it imperative for New Delhi to increase its focus on regionalism and further international engagement where this opportunity could be used tactically amidst a pandemic by using economic and healthcare aid.

According to Dr. Arvind Gupta, New Delhi has to deal with threats coming from multiple fronts and different tactics where it is essential for New Delhi to save energy using soft means rather than coercive measures.. India under Vaccine Maitri has supplied many of COVAXIN doses to Nepal, Bangladesh and Sri Lanka where many have appreciated this move. The urgency of ensuring humanitarian aid during these periods of unprecedented uncertainty are essential in PM Modi’s Security and Growth For All ( SAGAR) initiative, which focusses on initiating inclusive growth as well as cooperation in the Indian Ocean Region.

This pandemic witnessed various threats coming in India’s neighbourhood through multiple dimensions which include maritime, land, cyber as well as air threats where adversaries are using these to put pressure on New Delhi to settle land as well as marine disputes as per their terms.  These encirclement strategies have made it necessary for India to open up various options such as holding maritime joint exercises with like-minded countries, developing partnerships, providing economic as well as healthcare support to weaker countries plus having a clear insight about changing global dynamics and acting as per them.

This piece will discuss about various changing tactics, pros and cons which India has with respect to developing its national security vis-à-vis its neighbourhood, why should it prioritise its neighbourhood at the first place?

Background

India’s Neighbourhood is filled with many complexities and a lot of suspicion amongst countries, some viewing India because of its size and geography plus economic clout as a bully where it is wanting to dominate in the region putting others aside. This led to New Delhi play an increased role in nudging ties first with its neighbours with whom it had multiple conflicts as well as misunderstandings leading to the latter viewing Beijing as a good alternative in order to keep India under check.

Ever since PM Modi has taken charge at 7 RCR, India’s Neighbourhood First Policy has been followed increasingly to develop relations, to enhance understandings and ensure mutual cooperation as well as benefit with its neighbours. The relations with Islamabad have not seen so much improvement as compared to other leaders in the past. Even though former Prime Minister Nawaz Sharif was invited for PM Modi’s 1st Swearing In ceremony in 2014, terrorist activities have never stopped which could be seen through Pathankot, Uri and Pulwama terror attacks which killed many of the Indian soldiers. Even though surgical strikes were conducted on terror camps in retaliation to these bombardments, Islamabad has not changed its heart at all about its security or regional demands. New strategies and friendships are being developed where Beijing has played a major role in controlling power dynamics.

The Belt and Road initiative, first time mentioned during President Xi’s 2013 speech in Kazakhstan, then officially in 2015,  lays emphasis of achieving a Chinese Dream of bringing countries under one umbrella, ensuring their security, providing them with infrastructure projects such as ports, railways, pipelines, highways etc. The main bottleneck is the China Pakistan Economic Corridor when it comes to India’s security threats, passing through disputed boundaries of Gilgit and Baltistan in Pakistan Occupied Kashmir till Gwadar. Other projects have been initiated in Chittagong, Hambantota, Gwadar , Kyapkyou. These projects form a String Of Pearls in the Indo Pacific where New Delhi is being balanced against through economic plus development incentives being given to the member countries under the project. That’s why in the recent past, New Delhi is asserting its influence in the region, looking at new dimensional threats where Beijing’s threats in the maritime domain in the islands in East as well as South China seas are not being seen favourably in many countries such as ASEAN, US, Australia and Japan which is giving India an opportunity to look towards countries with a common threat. Amidst this great power struggle between Washington and Beijing, New Delhi is stuck between a rock and hard place i.e., having a clear and strong foreign policy with its neighbours.

In this region, India has a sole threat which is mainly Beijing where the latter has achieved prowess technologically and militarily where New Delhi lags behind the latter twenty fold. So, there is a need for improvising military technology, increase economic activities with countries, reduce dependence on foreign aid, ensure self-reliance.

Situation

South Asia is backward when it comes to economic development, human development and is a home to majority of the world’s population which lives below poverty line. The colonial rule has left a never-ending impact on divisions based on communal, linguistic and ethnic grounds. Even, in terms of infrastructure and connectivity, New Delhi lags behind Beijing significantly in the neighbourhood because the latter is at an edge when it comes to bringing countries under the same umbrella. Due to these, many initiatives have been taken up by New Delhi on developing infrastructure, providing humanitarian aid to needy countries.

There have been numerous efforts made by India with respect to reaching out to the Neighbours in 2020 through setting up of the SAARC Covid Fund where many Neighbourhood countries such as Nepal, Bangladesh and Sri Lanka gave contributions to ensure cooperation, joint scientific research, sharing information, healthcare kits where the countries contributed USD $ 18 million jointly towards this fund where New Delhi made an initial offer of USD $ 10 million.

New Delhi has even mustered ties with the Association of Southeast Asian countries during the pandemic under its Act East Policy where proper connectivity through the Northeast could be useful in easing movement of goods but currently, the infrastructure in Northeast needs more improvement where issues such as unemployment, poor connectivity are prevalent whereby disconnecting it from rest of the other states. This region could play an important role in linking Bangladesh, Myanmar to New Delhi along with the proposed India-Thailand –Myanmar Trilateral Corridor. Focus has also been laid to develop inland waterways, rail links and pipelines to ease connections between countries, making trade free and more efficient.

India is focussing on developing the Sittwe and Paletwa ports in Myanmar under the Kaladan Development Corridor, at the cost of INR 517.9 Crore in order to provide an alternative e route beneficial for the Northeast for getting shipping access

Summing Up

 These above developments and power display by a strong adversary, give good reasons for New Delhi to adopt collective security mechanisms through QUAD, SIMBEX and JIMEX with a common perception of having safe and open waters through abiding to the UNCLOS which China isn’t showing too much interest in, seen through surveillance units, artificial islands being set up on disputed territories which countries likewise India are facing in context to territorial sovereignty and integrity. These developments make it important for India to look at strategic threats by coming together with countries based on similar interest’s vis-à-vis Chinese threat.

There is a need for India to develop and harness its strength through connectivity and its self reliance initiative ( Aatmanirbharta ) so that there is no dependence on any foreign power at times of need . Proper coordination between policy makers and government officials could make decision making even easier, which is not there completely because of ideological differences, different ideas which makes it important for the political leadership to coordinate with the military jointly during times of threats on borders. Self-reliance could only come through preparedness and strategy.

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India is in big trouble as UK stands for Kashmiris

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 A London-based law firm has filed an application with British police seeking the arrest of India’s army chief and a senior Indian government official over their alleged roles in war crimes in Indian-administered Kashmir.

Law firm Stoke White said it submitted extensive evidence to the Metropolitan Police’s War Crimes Unit on Tuesday, documenting how Indian forces headed by General Manoj Mukund Naravane and Home Affairs Minister Amit Shah were responsible for the torture, kidnapping and killing of activists, journalists and civilians – particularly Muslim – in the region.

“There is strong reason to believe that Indian authorities are conducting war crimes and other violence against civilians in Jammu and Kashmir,” the report states, referring to the territory in the Himalayan region.

Based on more than 2,000 testimonies taken between 2020 and 2021, the report also accused eight unnamed senior Indian military officials of direct involvement in war crimes and torture in Kashmir.

The law firm’s investigation suggested that the abuse has worsened during the coronavirus pandemic. It also included details about the arrest of Khurram Parvez, the region’s most prominent rights activist, by India’s counterterrorism authorities last year.

“This report is dedicated to the families who have lost loved ones without a trace, and who experience daily threats when trying to attain justice,” Khalil Dewan, author of the report and head of the SWI unit, said in a statement.

“The time has now come for victims to seek justice through other avenues, via a firmer application of international law.”

The request to London police was made under the principle of “universal jurisdiction”, which gives countries the authority to prosecute individuals accused of crimes against humanity committed anywhere in the world.

The international law firm in London said it believes its application is the first time that legal action has been initiated abroad against Indian authorities over alleged war crimes in Kashmir.

Hakan Camuz, director of international law at Stoke White, said he hoped the report would convince British police to open an investigation and ultimately arrest the officials when they set foot in the UK.

Some of the Indian officials have financial assets and other links to Britain.

“We are asking the UK government to do their duty and investigate and arrest them for what they did based on the evidence we supplied to them. We want them to be held accountable,” Camuz said.

The police application was made on behalf of the family of Pakistani prisoner Zia Mustafa, who, Camuz said, was the victim of extrajudicial killing by Indian authorities in 2021, and on behalf of human rights campaigner Muhammad Ahsan Untoo, who was allegedly tortured before his arrest last week.

Tens of thousands of civilians, rebels and government forces have been killed in the past two decades in Kashmir, which is divided between India and Pakistan and claimed by both in its entirety.

Muslim Kashmiris mostly support rebels who want to unite the region, either under Pakistani rule or as an independent country.

Kashmiris and international rights groups have long accused Indian troops of carrying out systematic abuse and arrests of those who oppose rule from New Delhi.

Rights groups have also criticized the conduct of armed groups, accusing them of carrying out human rights violations against civilians.

In 2018, the United Nations human rights chief called for an independent international investigation into reports of rights violations in Kashmir, alleging “chronic impunity for violations committed by security forces”.

India’s government has denied the alleged rights violations and maintains such claims are separatist propaganda meant to demonize Indian troops in the region. It seems, India is in big trouble and may not be able to escape this time. A tough time for Modi-led extremist government and his discriminatory policies. The world opinion about India has been changed completely, and it has been realized that there is no longer a democratic and secular India. India has been hijacked by extremist political parties and heading toward further bias policies. Minorities may suffer further, unless the world exert pressure to rectify the deteriorating human rights records in India.

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S. Jaishankar’s ‘The India Way’, Is it a new vision of foreign policy?

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S. Jaishankar has had an illustrious Foreign Service career holding some of the highest and most prestigious positions such as ambassador to China and the US and as foreign secretary of India. Since 2019 he has served as India’s foreign minister. S. Jaishankar also has a Ph.D. in international relations from JNU and his academic background is reflected in this book.

His main argument is simplistic, yet the issues involved are complex. Jaishankar argues that the world is changing fundamentally, and the international environment is experiencing major shifts in power as well as processes. China is rising and western hegemony is declining. We are moving away from a unipolar system dominated by the US to a multipolar system. Globalization is waning and nationalism and polarization is on the rise (p. 29). The old order is going away but we cannot yet glimpse what the future will look like. This is the uncertain world that Dr. Jaishankar sees.

Dr. Jaishankar also argues that India too has changed, it is more capable and more assertive. The liberalization program that began in 1991 has made the Indian economy vibrant and globally competitive and it is well on track to becoming the third biggest economy in the world, after China and the US.  The war of 1971 that liberated Bangladesh, the liberalization of the economy after 1991, the nuclear tests in 1998 and the nuclear understanding with the US in 2005, Jaishankar argues are landmarks in India’s strategic evolution (p. 4). So given that both India and the system have changed, Jaishankar concludes, so should India’s foreign policy.

But his prescription for India’s foreign policy, in the grand scheme of things, is the same as before – India should remain nonaligned and not join the US in its efforts to contain China. India will try to play with both sides it seems in order to exploit the superpowers and maximize its own interests (p. 9). But he fails to highlight how India can find common ground with China other than to say the two nations must resolve things diplomatically. He also seems to think that the US has infinite tolerance for India’s coyness. In his imagination the US will keep making concessions and India will keep playing hard to get.

Jaishankar has a profound contradiction in his thinking. He argues that the future will be determined by what happens between the US and China. In a way he is postulating a bipolar future to global politics. But he then claims that the world is becoming multipolar and this he claims will increase the contests for regional hegemony. The world cannot be both bipolar and multipolar at the same time.

There is also a blind spot in Jaishankar’s book.  He is apparently unaware of the rise of Hindu nationalism and the demand for a Hindu state that is agitating and polarizing India’s domestic politics. The systematic marginalization and oppression of Muslim minorities at home and the growing awareness overseas of the dangers of Hindutva extremism do not exist in the world that he lives in. He misses all this even as he goes on to invoke the Mahabharata and argue how Krishna’s wisdom and the not so ethical choices during the war between Pandavas and Kauravas should be a guide for how India deals with this uncertain world – by balancing ethics with realism (p. 63). Methinks his little digression in discussing the ancient Hindu epic is more to signal his ideological predilections than to add any insights to understanding the world or India’s place in it.  

One aspect of his work that I found interesting is his awareness of the importance of democracy and pluralism. He states that India’s democracy garners respect and gives India a greater opportunity to be liked and admired by other nations in the world (p. 8). Yet recently when he was asked about the decline of India’s democratic credentials, his response was very defensive, and he showed visible signs of irritation. It is possible that he realizes India is losing ground internationally but is unwilling to acknowledge that his political party is responsible for the deterioration of India’s democracy.

This is also apparent when he talks about the importance of India improving its relations with its immediate neighbors. He calls the strategy as neighborhood first approach (pp. 9-10). What he does not explain is how an Islamophobic India will maintain good relations with Muslim majority neighbors like Bangladesh, Maldives, and Pakistan.

The book is interesting, it has its limitations and both, what is addressed and what is left out, are clearly political choices and provide insights into how New Delhi thinks about foreign policy. So, coming to the question with which we started, does India have a new foreign policy vision? The answer is no. Dr. Jaishankar is right, there is indeed an India way, but it is the same old way, and it entails remaining nonaligned with some minor attitudinal adjustments.  

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