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Management of Pakistan-India Relations: Resolution of Disputes Management of Pakistan-India Relations: Resolution of Disputes 1 Noor ul Haq 2 Management of Pakistan-India Relations: Resolution of Disputes 3 Noor ul Haq 4 Management of Pakistan-India Relations: Resolution of Disputes 5 Noor ul Haq Contents Acronyms Preface i I. Tyranny of Power Disparity 1 Mindset 3 Hindutva Akhand Bharat and Expansionism Animosity Coercive Diplomacy 8 Encirclement and Undermining Pakistan: India’s Relations with Other Countries 13 SAARC Afghanistan Iran Central Asia China U.S. Russia Trust Deficit 27 Summary 28 II. Dimensions of Kashmir Dispute 29 Indian Occupation Lacks Legitimacy 30 Kashmir’s Standstill Agreement with Pakistan Violation of the Agreed Principle of Partition Massacres of Muslims in Jammu Peoples’ Revolt and Establishment of Azad Kashmir Government Maharaja’s Desertion Peoples Revolt in Gilgit Agency Indian Aggression and Illegal Occupation of Two-third Kashmir Instrument of Accession Null and Void Conditional Accession Needs Ratification 6 Management of Pakistan-India Relations: Resolution of Disputes Arguments to Justify Occupation 33 Strategic Reasons Maharaja’s Accession People’s Decision Misrepresentation as ‘Terrorism’ Kashmir an Internal Issue Territorial Issue Re-drawing of Borders Secularism Domino Effect ‘Iron Curtain’ on Kashmir Indispensability for Pakistan 37 Indian Occupation is a Threat to Pakistan’s Security Human Rights Violations in Kashmir Pakistan’s Commitment to Kashmiris Pakistan is a Party to the Dispute Kashmir is Not India’s Internal Affair Failure of Bilateralism to Resolve Kashmir Simla Agreement Cannot Overrule UNSC Resolutions Simla Agreement Cannot Deny Kashmir the Right of Self-Determination guaranteed to them under UNSC Resolutions Modi’s Government for Demographic Change and Union with India Increased Border Violations Unintentional War and Nuclear Flashpoint Summary 42 III. Other Contentious Issues 43 Indus Waters Issues 43 Siachen Glacier 45 Sir Creek 45 Trade and Commerce 46 Pipelines 47 Terrorism and Counterterrorism 48 Military Operations Counterterrorism and Deradicalisation Efforts Indiscriminate Action Against Terrorists: Yet Wrongly Accused 7 Noor ul Haq Summary 61 IV. Framework of Interaction (Part I) 63 Modus Vivendi 63 Suggested Solutions for Kashmir 65 UN Resolutions Mediation Bilateral Negotiations Demilitarisation Musharraf Formula Chinese Advice Belfast Agreement Model U.S. should be Involved Other Options Legal Recourse and Diplomacy 69 Principled Stand Legal Approach for Peace Highlight Human Rights Violations ‘Internationalise’ the Issue Keep Process on Track Movement of Kashmiris Resumption of Composite Dialogue Diplomatic Support for Kashmir’s Peaceful Struggle No Compromise on Economic Development Representation in Parliament LoC on Official Map Resist the Move for Cancellation of Article 370 Raising Awareness 72 Regional and International Awareness Expose BJP and India’s Violent Policy No Regional Peace Without Kashmir Settlement Role of Diaspora Role of Pakistani Missions Abroad International Conferences Support of Open-minded Intellectuals and Media Persons Win over Open-minded Indians Summary 73 8 Management of Pakistan-India Relations: Resolution of Disputes V. Framework for Interaction (Part II) 75 Clarity of Objectives 75 Set Own House in Order 76 Perception and Mindset 78 Nuclearisation 79 Involve International Community 81 Détente with India 91 Back Channel Diplomacy 93 Military Deterrence 96 Summary 97 VI. Epilogue 98 Retrospect 98 Prospect 102 Conclusion and Recommendations 109 Appendices 114 1. UNSC Resolution for India and Pakistan (13 August 1948) 2. Security Council Resolution 122, 1957 3. Tashkent Declaration 1966 4. Simla Agreement 1972 5. Lahore Declaration 1999 6. Joint Press Statement (6 January) by Pakistan and India on the Eve of the 12th SAARC Summit 7. National Action Plan for Countering Terrorism, January 2004 8. Suggested Solutions for Kashmir (1948-2014) 9. Parliamentary Resolutions (2015) 10. National Action Plan Committees Roles and Membership Maps 147 1. Gilgit-Baltistan, Azad Kashmir and Indian Occupied Kashmir 2. Pakistan IPRI Publications 149 9 Noor ul Haq Acronyms AIML All-India Muslim League AJK Azad Jammu and Kashmir ASEAN Association of Southeast Asian Nations ATS Anti-Terrorist Squad BJP Bharatiya Janata Party CASA-1000 Central Asia South Asia Electricity Transmission and Trade Project CBM Confidence-Building Measure CENTO Central Treaty Organization DG Director-General FATA Federally Administered Tribal Areas GATT General Agreement on Tariffs and Trade GB Gilgit-Baltistan IB Intelligence Bureau ICJ International Court of Justice IDP Internally Displaced Person IG Inspector-General IHK Indian Held Kashmir IISS International Institute for Strategic Studies INC Indian National Congress IOK Indian Occupied Kashmir IP Iran-Pakistan IPI Iran-Pakistan-India IPNI India-Pakistan Neemrana Initiative ISAF International Security Assistance Force ISI Inter-Services Intelligence ISPR Inter-Services Public Relations IWT Indus Waters Treaty 10 Management of Pakistan-India Relations: Resolution of Disputes JKPDP Jammu and Kashmir Peoples Democratic Party KP Khyber Pakhtunkhwa LeJ Lashkar-e-Jhangvi LNG Liquefied Natural Gas LoC Line of Control MAF Million acre-feet MD Managing Director MFN Most Favoured Nation MO Military Operations NA Northern Alliance NACTA National Counter Terrorism Authority NAP National Action Plan NATO North Atlantic Treaty Organization NDMA Non-Discriminatory Market Access NDMARB Non-Discriminatory Market Access on a Reciprocal Basis NGO Non-Government Organisation NTBs Non-Tariff Barriers OIC Organization of Islamic Cooperation PDP Peoples Democratic Party PSA Public Safety Act PTV Pakistan Television RAW Research and Analysis Wing RCSS Regional Centre for Strategic Studies RSS Rashtriya Swayamsevak Sangh SAARC South Asian Association for Regional Cooperation SAFTA South Asian Free Trade Agreement SCO Shanghai Cooperation Organization SEATO Southeast Asia Treaty Organization SSP Sipah-e-Sahaba Pakistan 11 Noor ul Haq TADA Terrorist and Disruptive Activities Act TAPI Turkmenistan-Afghanistan-Pakistan-India Pipeline TJP Tehrik-e-Jafaria Pakistan TNSM Tehrik-e-Nifaz-e-Shariat-e-Mohammadi TTP Tehrik-e-Taliban Pakistan U.S.A. United States of America UK United Kingdom UN United Nations UNCIP United Nations Commission for India and Pakistan UNSC United Nations Security Council USSR Union of Soviet Socialist Republics WTO World Trade Organization 12 Management of Pakistan-India Relations: Resolution of Disputes Preface his IPRI Paper primarily discusses the Pakistani perspective vis-à-vis Indian policies about the settlement of the state of Jammu and Kashmir, T as well as other contentious issues bedeviling Pak-India relations, among which Kashmir, the core issue, tops the agenda. An amicable resolution of issues will hopefully not only lead to good neighbourly relations between the two countries, but also make South Asia a region of peace and prosperity. This is a goal worth pursuing. So far, both India and Pakistan have sought to pursue the interests of their respective states and stuck to their rigid positions. Ideally, they should have resolved their differences on the principles of law, justice, morality and human rights with a focus on the welfare of their people. During the colonial period, as the prospects of independence approached, Hindu-Muslim differences were increasing. When reconciliation about sharing power became impossible and Hindu-Muslim riots were increasing, the partition of the South Asian Subcontinent into two sovereign states — Pakistan and Bharat (India) — became inevitable so that both nations could live peacefully in their respective majority regions. Unfortunately, before independence, the intense opposition to the establishment of Pakistan had led to widespread communal riots assuming the proportions of a civil war in some provinces. After independence, besides some issues of lesser importance, the Muslim majority princely state of Jammu and Kashmir became the bone of contention and led to two all-out and three localised wars and several crises and border skirmishes. After about seven decades of independent existence, the Kashmir dispute and some other issues are yet to be resolved, depriving the Subcontinent of its potential for progress. The main factors due to which the two states have not been able to reconcile are the ‗tyranny of power disparity‘ and lack of mutual trust. India being a major power must show magnanimity, shed its superiority complex and allow its smaller neighbours to enjoy sovereign equality and deal with them justly on equal footing. The issue of Kashmir cannot be resolved militarily, the United Nations is not enforcing its resolutions, nor is India prepared to grant self- determination and plebiscite under UN auspices to the people of Kashmir. Proxy wars, confrontation and half-hearted international pressures have also not worked. Hence, soft power tools instead of warfare, multilaterism instead of bilateralism, emerge as the preferred options for the solution of this issue. 13 Noor ul Haq The past decades have seen the world transform. South Asia, too, is in transition. Several new blocs have emerged such as the European Union and the Association of Southeast Asian Nations (ASEAN). However, while South Asian countries are a cohesive geographical bloc under the South Asian Association for Regional Cooperation (SAARC) umbrella, they still remain the least integrated. The member states need to display a spirit of flexibility instead of stubbornness,
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