New hopes and aspirations

Kashmir is historically a unique land where Muslims, Hindus and Buddhists once lived in relative peace and harmony. Kashmir is the most beautiful place on earth. It is home to a culturally tolerant and religiously hybrid people. Due to a Muslim-majority Pakistan claims that Kashmir should have been a part of Pakistan and consequently demands a decision over its fate based on the will of the people of Kashmir, whereas India argues that Kashmir belongs to India because of the instrument of accession signed by the Kashmiri Maharaja who handed over the powers of defence, communication and foreign affairs to Delhi in October 1947.

Kashmir has been in turmoil since India and Pakistan had their first war over it in 1948 and took their dispute to United Nations. The representatives for Belgium, Canada, China, Colombia, the United Kingdom and the US jointly submitted the dispute to the UN Security Council (UNSC). The UNSC passed resolution 47 at its 286th meeting on April 21, 1948 which states; "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".

Initially, Pakistan and India agreed to the resolution, later India rejected implementing the resolution, calling it unfeasible but also refused to accept any third party arbitrator.

In 1949 the Security Council established a "line of control" (LOC) between that part of Kashmir forcibly seized by India in 1948 and the part under Pakistani influence (Azad Kashmir). On July 18, 1949, India and Pakistan signed the Karachi Agreement establishing a cease-fire line to be supervised by observers. These observers formed the nucleus of the United Nations Military Observer Group in India and Pakistan (UNMOGIP).

Since then India and Pakistan have not shown any flexibility and have had three wars. The divided people of Kashmir have been paying a huge cost for the prospect of freedom.

India controls the Indian-side of Kashmir through its army and Pakistan controls the Pakistani-side of Kashmir by backing activists and influencing groups fighting for self-determination. In the last two decades there have been numerous reports and documentaries, released by many different international human rights organisations, about the thousands of incidents of brutal human rights abuses, extra-judicial killings, mass murders and gang rapes. Yet, no serious attempts have been made by the United Nations, or by any other power, to push India and Pakistan to implement the UNSC resolution and give the people of Kashmir their right to self-determination.

In fact, we are living in a world of double standards. On May 20, 2002 a new country, the Democratic Republic of East Timor, was created under the ruling of the UN and handed over to the East Timorese by the UN Secretary General Kofi Annan, in an historic world event with leaders from 92 countries present.

This new independent state was previously part of Indonesia. East Timor was a Portuguese colony until December 1975 when Indonesian forces invaded East Timor and declared it as the 26th province of Indonesia. Recognising 24 years of suffering and struggle for freedom by the East Timorese, in December 1975, the Security Council passed its resolution 384 for their self-determination and independence. It called upon Indonesia to withdraw its forces from the territory.

Eventually, on May 5, 1999, Indonesia and Portugal signed a landmark accord to hold a plebiscite in East Timor. This resulted in 78.5 per cent of the people supporting an independent East Timor.

East Timor was identical to Kashmir’s case. As a colonial territory, East Timor was invaded forcibly by Indonesia just as India attempted to occupy the entire Jammu and Kashmir with its armed forces. The United Nations also reaffirmed the right of self-determination for Kashmiris, the same as it did for the East Timorese. The case for Kashmir before the UN is even stronger than that of East Timor because the occupying power (India) took the issue to the United Nations. And both Pakistan and India agreed to have the UN intervention and the plebiscite - as stated in the 1948 UNSC resolution.

The world powers and the United Nations compelled Indonesia to implement the UN resolutions and sent peacekeeping forces and monitoring cells, finally leading to an independent East Timor. Why can’t the same measures be taken for the people of Kashmir? Why can’t India be pressurised to hold the plebiscite?

If the US doesn’t want to pressure India and Pakistan on Kashmir and the UN is unable to force India and Pakistan to comply on the UNSC resolutions, and India has always refused for any third party arbitrator on Kashmir, the only option left is for India and Pakistan to resolve the dispute through bilateral means.