LIAISON Vol. 3, No. 5, September 1999

Liaison Newsletter > LIAISON Vol. 3, No. 5, September 1999

Kashmir - Half Hearted Diplomacy
By Deepayan Basu Ray, York University Student and Summer Volunteer on Human Rights

It has been fifty years since the independence of India and Pakistan from colonization, fifty years of trials and tribulations, of euphoric success and bitter disappointment - and of war. The hostilities between the two neighbours has centered around one issue, the future of Kashmir. Most people know of Kashmir as the picturesque state in the northern extreme of India, tucked away in the Himalayas. For a period in the 1970’s and 1980’s, it was the biggest attraction for tourists visiting India. The trouble however began right at the time of independence of India and Pakistan. The Indian Independence Act of 1947 gave Kashmir the choice to accede to either India or Pakistan. Fighting broke out in 1948, soon after the decision was made by the ruling family of Kashmir that the region was to be a part of India. The United Nations Military Observer Group in India and Pakistan (UNMOGIP) was formed in 1949 to report developments in the region to the Secretary General of the United Nations, and is still in operation today. UNMOGIP consists of 45 military observers based in Rawalpindi (Pakistan) and Srinagar (India) who are to observe activity on or around the cease-fire line between India and Pakistan.

When the conflict flared again in 1965 over the same issue, the Security Council mandated the creation of the United Nations India-Pakistan Observation Mission (UNIPOM) based in Lahore (Pakistan) and Amritsar (India). After fulfilling its mandate to supervise the cease-fire along the border and the withdrawal of troops from the border, UNIPOM was terminated in March 1966. The two countries fought for control of the region for the third time in 1972. Following the conflict - under the provisions of the Simla Accord - a Line of Control (LoC) was drawn dividing Kashmir in two. India controlled 2/3rds of the region and Pakistan the other 1/3rd.

The state of Kashmir has experienced tremendous instability over the last 10 years when terrorists began to resist the Indian government in a particularly violent movement. They called themselves the Mujahideen - holy warriors of the Islamic faith - and began to draw support from Pakistan. Officially, the Pakistani government declared that it did not provide military support, though it did believe in the cause of the Mujahideen. Indian troops were sent to assess the situation and have maintained a heavy presence in the state for the last 9 years Recently, in May, 1999, Indian troops discovered guerrillas fortifying positions in the Kargil and Batalik sectors and mounted a huge offensive to force the guerrillas out. Both sides took heavy casualties until the Indian troops managed to push the guerrillas back over the Line of Control.

India has always maintained that Pakistan has been involved in the preparation and arming of the “Kashmiri freedom fighters”, while Pakistan has categorically denied this claim. India claims that it had proof that many of these intruders belonged to the Northern Light Infantry of the Pakistan Army. The Pakistani response has been that the rebels in Kashmir are independent of the Pakistani Military apparatus. In the middle of June this year it became increasingly apparent to the international community that the militants within the disputed region were exceptionally well organized and possessed very sophisticated arms and equipment. Officials in the US and Germany have commented that it is highly unlikely that such well trained and well equipped fighters are simply a group of Mujahideen, or disenchanted Pathan villagers from the Indian side of the LoC.

The heart of the matter today remains the future of Kashmir. Ideally, the situation would call for a plebiscite vote by the inhabitants of Kashmir, however that is not possible today. Many of the original Kashmiri families of 1947 have either left or been killed. Although a small part of the population, the Hindu Kashmiris have literally been driven out by the Mujahideen on both sides of the LoC. Even if the United Nations were to intervene in the situation and hold a vote, many of the villagers of the region would not vote. The instability of the region has silenced many voices. The main voices heard are those of the Mujahideen and other anti-India movements and they do not represent the full population of the region.

Unfortunately, the global community can only watch this situation unfold because India does not want the involvement of any third party mediation. It has maintained that the Kashmir issue will be resolved bilaterally and bilaterally alone! Pakistan has requested the help of other nations and the UN as well, but India has steadfastly declined any third party involvement in the dispute. UNMOGIP has therefore not been able to expand its role in the region for the last fifty years. Both parties have a tarnished record of serious bilateral negotiations, and until that aspect of the Simla Accord is fulfilled, UNMOGIP and the international community can do little but observe!