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What, in fact, is India’s stand on Kashmir?

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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

At the UNGA, India’s first secretary Sneha Dubey said the entire Union Territories of Jammu & Kashmir and Ladakh “were, are and will always be an integral and inalienable part of India. She added, “Pakistan’s attempts to internationalise the Kashmir issue have gained no traction from the international community and the Member States, who maintain that Kashmir is a bilateral matter between the two countries (Pakistan is ‘arsonist’ disguising itself as ‘fire-fighter’: India at UNGA, the Hindu September 25, 2021).

It is difficult to make head or tail of India’s stand on Kashmir. India considers the whole of the disputed state of Jammu and Kashmir as its integral part. Yet, at the same time, admits it to be a bilateral matter still to be resolved between India and Pakistan.

What bars Pakistan from agitating the Kashmir dispute at international forums?

India presumes that the Simla accord debars Pakistan from “internationalizing” the Kashmir dispute. That’s not so. Avtar Singh Bhasin (India and Pakistan: Neighbours at Odd) is of the view that though Pakistan lost the war in East Pakistan, it won at Simla.

Bhasin says, `At the end, Bhutto the “dramatist” carried the day at Simla. The Agreement signed in Simla did no more than call for `respecting the Line of Control emerging from the ceasefire of 17 December 1971. As the Foreign Secretary TN Kaul [of India] said at briefing of the heads of foreign mission in New Delhi on 4 July 1972, the recognition of the new ceasefire line ended the United Nations’ Military Observers’ Group on India and Pakistan (UNMOGIP) role in Kashmir, created specifically  for the supervision of the UN sponsored ceasefire line of 1949, since that line existed no more. Having said that India once again faltered for not asking the UN to withdraw its team from Kashmir, or withdrawing its own recognition to it and its privileges (Document No. 0712 in Bhasin’s India-Pakistan Relations 1947-207).

Following Simla Accord (1972), India, in frustration, stopped reporting ceasefire skirmishes to the UN. But, Pakistan has been consistently reporting all such violations to the UN. India feigns it does not recognise the UNMOGIP. But, then it provides logistic support to the UMOGIP on its side of the LOC.

India keeps harassing the UNMOGIP vehicles occasionally. Not long ago, three members of the UNMOGIP had a close call along the LoC in Azad Jammu and Kashmir after Indian troops shot at and injured two locals who were briefing them on the situation after ceasefire violations.

India even asked UNMOGIP to vacate 1/AB, Purina Lila Road, Connaught Place, from where it has been functioning since 1949.

Bhasin says (p.257-259), `The Pakistan Radio broadcasts and…commentators took special pains to highlight …the fact: (i) That India have accepted Kashmir to be a disputed territory and Pakistan a party to the dispute. (ii) That the UNSC resolutions had not been nullified and contrarily (iii) Kashmir remained the core issue between the two countries and that there could not be permanent peace without a just solution based on the principle of self-determination for the people of Kashmir. And Pakistan was right in its assessment. It lost the war won the peace. At the end India was left askance at its own wisdom’.

Obviously, if the UNSC resolutions are intact, then Pakistan has the right to raise the Kashmir dispute at international forums.

India’s shifting stands on Kashmir

At heart, the wily Jawaharlal Lal Nehru never cared a fig for the disputed state’s constituent assembly, Indian parliament or the UN. This truth is interspersed in Avtar Singh Basin’s 10-volume documentary study (2012) of India-Pakistan Relations 1947-2007.  It contains 3649 official documents, accessed from archives of India’s external-affairs ministry.  These papers gave new perspectives on Nehru’s vacillating state of perfidious mind concerning the Kashmir dispute. In his 2018 book (published after six years of his earlier work), India, Pakistan: Neighbours at Odds (Bloomsbury India, New Delhi, 2018), Bhasin discusses Nehru’s perfidy on Kashmir in Chapter 5 titled Kashmir, India’s Constitution and Nehru’s Vacillation (pages 51-64). The book is based on Selected Works of Jawaharlal (SWJ) Nehru and author’s own compendium of documents on India-Pak relations. Let us lay bare a few of Nehru’s somersaults

Nehru disowns Kashmir assembly’s “accession”, owns Security Council resolutions

Initially, Nehru banked on so-called Instrument of Accession and its authentication by `Constituent Assembly. Yet, in a volte-face 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.

Nehru does not label Pakistan an aggressor at the UN

And then labels it so in Parliament

He never labeled Pakistan an aggressor at the UN. Yet, he told parliament on March 1, 1954 `that “aggression” took place in Kashmir six and a half years ago with dire consequences. Nevertheless the United States have thus far not condemned it and we are asked not to press this point in the interest of peace (Bhasin pp. 55-56).

Nehru disowns the Security Council as just a non-binding mediator

On July 24 1952, Nehru said, `Unless the Security Council functioned under some other Sections of the Charter, it cannot take a decision which is binding upon us unless we agree to it. They are functioning as mediators and a mediator means getting people to agree (SWJ, Volume 19, page 241. Bhasin page 56).

Security Council re-owned

Bhasin points out (page 57 op. cit.) `At the same press conference on 24 July, 1952 when asked what the necessity of plebiscite was now that he had got the Constituent Assembly [approval], he replied “Maybe theoretically you may be right. But we have given them [UN] an assurance and we stand by it (SWJ: Volume 19, pp. 240-241. Bhasin, p. 57, Bhasin pages 256-257).

Concluding remarks

Pakistan’s recourse to the UN is India’s Achilles Heel. So it is as India’s stand on disputed Kashmir is a rigmarole of inconsistent myths.

To avoid internationalization of the Kashmir issue, India’s own former foreign secretary Jagat Singh Mehta offered proposals (rebranded by Pervez Musharraf’s) to soften the LOC in exchange for non-internationalisation of the Kashmir dispute for 10 years. Mehta presented his ideas in an article, ‘Resolving Kashmir in the International Context of the 1990s’.

India had no consistent stand on Kashmir. There was a time when Sardar Patel presented Kashmir to Pakistan in exchange for Hyderabad and Junagadh. Reportedly, the offer was declined as Pakistan’s prime minister Liaquat Ali Khan thought it could retain not only Kashmir but also Junagadh and Hyderabad. Jawaharlal Nehru approached the United Nations’ for mediation. He kept harping his commitment to the plebiscite.

It is eerie that the whole architecture of India’s stand on Kashmir is erected on the mythical `instrument of accession’ and its endorsement by the disputed state’s assembly, Accession documents are un-registered with the UN. The Simla Accord text makes crystal clear reference to the UN charter.

Let India know that a state that flouts international treaties is a rogue state: pacta sunt servanda, treaties are to be observed and are binding on parties. Self-determination is not only a political but also a legal right in disputed lands. Sans talks with Pakistan, and UN or third-party mediation, what else is India’s recipe for imprisoned Kashmiris? A nuclear Armageddon or divine intervention?

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

Taliban and the crisis in Afghanistan

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Source: Twitter

In 2021, the Afghan Taliban took back control of Afghanistan after fighting a rebellion for twenty years. The Taliban reformed and began regaining territory less than 10 years after the American-led invasion that overthrew the previous regime in 2001. In line with a 2020 peace agreement with the Taliban, they staged a swift assault as the US started to evacuate its last forces from Afghanistan.

Even though they promised to preserve the rights of women and communities of religious and racial minorities, the Taliban have enforced a strict interpretation of Islamic law. The Taliban have failed to provide Afghans with sufficient food supplies and economic possibilities as they have evolved from an insurgent organization to a functioning administration.

Numerous instances of human rights violations have been documented by the UN mission in Afghanistan. Because the Taliban scared off journalists and put limits on press freedom, more than 200 news outlets had to close. Activists and protesters have been tracked and forcefully disappeared, and their government has ruthlessly suppressed protests. They also reinstated the Ministry for the Propagation of Virtue and the Prevention of Vice, which was previously in place, and enforced laws against actions judged to be contrary to Islam. They instructed judges to apply their version of sharia in November 2022; in the following weeks, authorities resumed public hangings and floggings.

Women’s rights have been undermined. Due to restrictions put in place by the Taliban, girls are not allowed to go to high school, and women are not allowed to go to college or teach there. The group banned women from working for local and international voluntary groups in December 2022. According to estimates from the UN Development Program (UNDP), limiting women’s employment might cost Afghanistan’s GDP up to 5%. Amnesty International reports a substantial increase in the number of women jailed for defying discriminatory rules, such as those requiring women to cover their whole bodies while in public and to only appear with male chaperones. In addition, there are now more child marriages.

The UNDP says that the Taliban’s rule has also taken away the gains that Afghans made in their living conditions in the 20 years after the US invasion. In a study from October 2022, the organization claimed that practically all Afghans were living in poverty. Since the takeover, the economy has contracted by up to 30%, and there have been an estimated 700,000 job losses. More than 90% of individuals are impacted by food insecurity. The problem is getting worse because several countries and international groups have stopped giving aid, which is vital to the economy and public health.

International observers are nonetheless worried that the Taliban pose a danger to national and international security through their funding of terrorist groups, especially Al-Qaeda. Taliban leadership might convert Afghanistan into a haven for terrorists who could launch attacks against the US and its allies, despite Taliban pledges that the country’s territory wouldn’t be used against the security of any other country. The violence has also increased along Pakistan’s border with Afghanistan, which has always supported the Taliban. Tehrik-e-Taliban, a terrorist organization commonly referred to as the Pakistani Taliban, has gained strength due to the Taliban’s ascent to power. The organization broke off a cease-fire with the Pakistani government in 2022 and began carrying out assaults throughout the nation. Officials from Pakistan have charged the Afghan Taliban with giving the extremists a safe harbor in their country.

For many years, the Afghan government relied on help from a number of countries; according to 2019 World Bank research, contributions from foreign partners funded 75% of the government’s public expenditures. Many of these countries stopped off aid when the Taliban took control, fueling concerns about potential future economic turmoil. Nevertheless, aid rose in 2022 as donors sent more than $2.6 billion. The US has donated more than $1.1 billion in help since the coup. However, according to UN authorities, the pledges fell short of the nation’s humanitarian requirements.

Many Western countries, most notably the US, shut down their diplomatic posts in Afghanistan when the Taliban took power. Diplomatic relations and recognition have been withheld from the Taliban regime, which refers to Afghanistan as the Islamic Emirate of Afghanistan. The UN General Assembly has also postponed a decision on who would indefinitely represent Afghanistan at the UN. The Taliban are now being investigated by the International Criminal Court for suspected atrocities, including crimes against humanity, committed against Afghans.

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Decoding Donald Lu’s Visit: A Positive Upward in US-Bangladesh Relations?

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The U.S Assistant Secretary for South and Central Asia Donald Lu paid a visit from January 12 to 15. During his brief but swarming itinerary the two parties discussed various issues ranging from diplomatic to political. Interestingly, this is the 11th visit of any U.S high-official in the past two years. The frequent swapping of delegations from the both sides pose a critical juncture between the U.S-Bangladesh relationship. Experts believe that recurrent visits from US high-ups are definitely an auspicious sign between the relationship of the two nations. Therefore, the visit of Donald Lu is an offshoot of the “growing reciprocity and renewed engagement” between Dhaka and Washington.

Needless to say, Bangladesh has a long standing and steady relationship with the US since the latter recognized the former shortly after independence on April 04, 1972. Recently the US-Bangladesh celebrated the completion of 50 years of bilateral relationship and US President Joe Biden termed this as “robust partnership”. Amid such backdrop, it goes without saying that the recent visits signal to a significant positive tie-up between the two parties and the visit can be interpreted in the context of international and domestic backdrop of international politics.

The US is the largest market for Bangladesh’s RMG export. Naturally, the issue of GSP reinstatement plays a key role in bilateral camaraderie. Under such circumstances, Lu’s visit is important to hold talks of economic in the context of Bangladesh’s growing needs, especially after the LDC graduation. Moreover, in the annual Global Firepower 2023 Military Strength Ranking, Bangladesh is placed 40th out of 145 nations. On the other hand, Bangladesh came in 12th place on the GFP review’s list of ‘Strengths on the Rise,’ which emphasizes national military powers based on strong growth patterns until 2023. In this context, the General Security of Military Information Agreement (GSOMIA) and Acquisition and Cross-servicing Agreement (ACSA) agreement indicates to a deeper and strategic engagement from the US rationale.

Bangladesh’s stands at the heart of a strategic position of the US’s Indo-Pacific Strategy, which aims to counter the increasing footprint of China in the Indo-Pacific region. However, Bangladesh maintains a neutral position in terms of its foreign relations and has been carefully helming without taking any side of any major powers. Washington’s focus on free and fair election is important to maintain a stability in the greater Bay of Bengal neighborhood- an important feat in it’s IPS. Conversely, Bangladesh values economic partnership to sustain her ongoing upward trend. However, at the same time Bangladesh should be careful not to succumb to any pressure, a case in point when the Foreign Minister announced that the US proposed strategy is being vetted under the lens of economic opportunity.

On the domestic fore, arguably, the U.S has been advocating for a free and fair election, upholding democratic values, and condemning extra judicial excesses. However, continuous engagement between the two parties resulted helping to mitigate tensions and create a more positive atmosphere. The crux of Donald Lu’s visit is to reaffirm democratic ideals in state mechanism, rule based international system and Bangladesh to be part of the Indo-Pacific Strategy. Accordingly, Bangladesh has committed to hold a fair election and the recent decline of the controversial RAB’s extrajudicial excesses reported by Human Rights Watch as well as peaceful demonstrations of the opposition have been markedly praised by Donald Lu. From Bangladesh’s perspective rescinding of sanctions, reinstatement of GSP, and more support for Rohingya Refugees were reiterated. More importantly, Dhaka’s impartial foreign policy goals align with Washington’s interest in the South Asian region and it will be of American interest to consider Bangladesh as an important ally in the geopolitical chessboard of the Indo-Pacific region.  

However, the visit is also crucial for Donald Lu who is accused of meddling with the internal affairs of Pakistan, Sri Lanka and Nepal. But, Donald Lu manifested his diplomatic acumen to “manage the fissures of the diplomatic ties’ and “highlight on the areas of convergence” in the recent visit. Evidently, the past year has been tumultuous for South Asian nations, following the collapse of Colombo, the Pakistani Economic Crisis and the revolving debt crisis around the region. Amongst her neighbors, Bangladesh has endured relatively steady political and economic pursuit. Therefore, US needs to formulate a comprehensive South Asian policy to accommodate the interests of the respective nations on its own merit.

Bangladesh’s relationship with the U.S is vital in both economic and political stance. Continued engagement and partnership between the two states is critical for the security of South Asia as well as Bangladesh’s ongoing economic prosperity. On a pragmatic tone, it would take more than just this one visit for Bangladesh to solve these complex geopolitical issues. For now, the visit has symbolized strengthening of U.S-Bangladesh relationship going forward by exonerating the mutual interests to diplomatically resolve pressing bilateral issues and elevation of continuous engagement.

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Praiseworthy Development of RAB in the Last Year

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Rapid Action Battalion (RAB) image source: benarnews.org

On December 10th 2021, the United States of America (USA) announced sanctions against Rapid Action Battalion (RAB) and its seven current and former officials on allegations of Human Rights violation. Such unilateral decisions of the US on the elite force surprised many. But Bangladesh chose to respond maturely through diplomatic communication. Since then, Bangladesh increased diplomatic engagement with the US, a method lauded by many as ‘prudent’ also.

Since the sanction, Bangladesh enhanced its effort to uphold the Human Rights situation in Bangladesh. RAB as an elite force also acknowledged the sanction and behaved in a more professional way. And it seems after one year, there are significant developments regarding both RAB and government policy. Foreign dignitaries and organizations are also lauding these developments.

Efforts from Bangladesh

After the announcement of the sanctions, Bangladesh immediately contacted the US diplomatic institutions to understand and assess the situation. As a part of the efforts, Bangladesh established Human Rights Cell in the Foreign Ministry under its United Nations wing.

Bangladesh also increased its diplomatic communications with the US, not necessarily because of the sanctions, but also due to growing geopolitics in the Indo-Pacific region, and commitment to deepen bilateral relations with the US. In the last two years, both countries undertook 18 bilateral visits of mid and high-level. Bangladesh sent 7 delegations to the US while the US sent 11 delegations including Donald Lu’s latest.

Both countries also hold the bilateral Partnership Dialogue and Security Dialogue in March and April of 2022. In the same year, they also celebrated 50 years of their anniversary. Bangladesh’s foreign minister also met his counterpart in April 2022.

While many rogue states such as North Korea, react to the US sanctions by projecting hard power or test-launching missile, Bangladesh resorted to diplomatic means to raise and provide an update about the agenda to its counterpart. Almost in all diplomatic meetings, Bangladesh raised its concern about the sanction. Bangladesh even gave a ‘non-paper’ dossier to Under-Secretary Victoria Nuland, when Nuland came to Bangladesh in March 2022.

Significant Developments

Since the US sanctions on 10th December 2021, the allegations of extrajudicial killings have gone down in Bangladesh. It has reached zero after one year. There were no new allegations of extrajudicial killing by RAB for the last 13 months. RAB’s name was not also mentioned in any other allegations or negative deeds. Therefore, RAB is maintaining a ‘clean record’ at least for last 13 months or so.

Apart from that, the Human Rights situation also improved in Bangladesh in the meantime as the government gave extra effort to project the situation to the international community. During Under Secretary Nuland’s visit in March, she also acknowledged that the situation has improved.

The US Assistant Secretary Donald Lu also acknowledged the further development regarding the allegations against RAB. Secretary Lu visited Bangladesh on January 14th and 15th. He also acknowledged the falling extrajudicial killing in Bangladesh. He also said that there was ‘tremendous progress’ in reducing extrajudicial killings after the US sanctions.

Home Minister Asaduzzaman Kamal also told the media that the US delegation is satisfied with RAB’s current activities. In another expert talk with The Business Standard, the Home Minister further said that the US also praised the actions of Bangladesh in combating militancy, terrorism, arson, and radicalism.

Apart from the US, global watchdogs are also acknowledging the fact. Human Rights Watch World Human Rights Report 2023 mentioned that there is a ‘drop-in abuse’ in Bangladesh (See Page 68).

Such transformation in the US perspective within only 13 months regarding a sanction is very unique considering the history of sanctions. Bangladesh’s diplomatic efforts and commitment to upholding Human Rights deserve praise in this regard. Till now Bangladesh is dealing with the issue prudently.

Lifting the sanctions in a diplomatic manner will require making it a national security interest for the USA. An elite force with a ‘clean record’ and its die-hard effort in curbing terrorism and militancy, fighting drug and human trafficking, and anti-piracy drive can easily draw US national security interest in this region. And RAB has the ability to become so. Considering the historic relations between the US and Bangladesh, the Sanctions are the only ‘strain’ in this bilateral relationship. Lastly, as there are praiseworthy developments, both countries are likely to pass beyond this issue in the near future if Bangladesh continues to maintain the positive trend.

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