CSM201: ETHNO-POLITICAL CONFLICTS

‘‘Possible Solutions to Kashmir Conflict’’

Semester Paper

COURSE INSTRUCTOR: Dr. Kristina Roepstorff

SUBMITTED BY: Imran Ahmed Shamim

STUDENT NO: 30818

DATE: 12/03/2011
 Possible Solutions to Kashmir Conflict

Introduction:

Kashmir has been one of the longest running disputes in contemporary times. Dispute
over the state of Jammu and Kashmir arose almost instantaneously as India and Pakistan
obtained independence from British rule in 1947. Although Kashmir is not the only dispute
between the two countries whose relations have been characterised by mutual distrust and
have hence prevented resolution of less protracted disputes such as the ones over Sir Creek,
Baglihar Dam, Wullar Barrage to name a few. Pakistan’s claims over Kashmir, predicated
fundamentally on religious basis, while Indian claims sought to be couched in terms of
Kashmir, being the only Muslim majority state, as a test case for secularism. Thus, the
dispute over Kashmir was viewed no longer as one over territory, but rather in terms of two
conflicting ideologies.

India and Pakistan have fought three major wars (1948, 1965 and 1971) of which the
first two were fought over Kashmir (1948, 1965). There were several low intensity military
skirmishes between India and Pakistan over Kashmir in the past six decades, most intense
being the standoff over Siachen glacier in 1983 and 1999 Kargil Conflict.1

Thus far many lives have been lost due to this conflict and the Kargil conflict
highlighted how perilously close the region could be to a nuclear war, which would be
devastating not only for both countries but also for the whole region. Any normalization of
relations between the two countries as well as the mounting human and financial costs of the
conflict necessitates a speedy resolution of the Kashmir issue. In the past few years many
efforts have been made to find viable solutions for this problem, however they have failed to
realize their objectives due to lack of political will by both India and Pakistan. Ironically, the
people of Kashmir have never been given a chance to decide their fate inspite of there being a
United Nation Security Council Resolution of 1948, which proposed that the issue be
resolved by plebiscite however its implementation was never realised largely stemming from
a trust deficit as well as lack of political will on both sides.

1
Maria Saifuddin Effendi, “The Role of United Nations in Inter-State conflicts: A Case Study of Kashmir”,
Paper presented at Second Annual Peace Studies Conference 2010 Grand Rapids Community College
Michigan, USA 27-29 September 2010, p.1
 Meredith Weiss succinctly captures the core questions underlying the conflict, she
opines that “the root of the conflict is the question of sovereignty and the possibility of self-
determination by Kashmiris of whether to remain in India, join Pakistan, or form an
independent state”.2 But the issue is not all that simple. While New Delhi insists that
“Kashmir is an integral part of India” Pakistan on the other hand insists that “Kashmir is its
life line” and is the unfinished agenda of the partition of the Indian sub-continent.3 What
would happen if Kashmir gets Independence, would it be able to survive as an economically
viable and politically sovereign State amid Pakistan and India’s strategic interests? This paper
will examine these questions by highlighting the positives and negative effects of all these
options. Finally, this paper will attempt to examine some of the other plausible solutions and
the possibility of their acceptance by the concerned parties.

Background to the Kashmir conflict

Kashmir has always been at the centre of the dispute between India and Pakistan but
unfortunately both sides have failed to give reasonable concessions to each other in order to
solve the problem. The heavy militarisation on both sides has caused severe damage to all the
efforts of peace building and reconciliation.

Moonis Ahmar seeks to explain the conflict in terms of it being an “… outcome of a

process of neglect, discrimination, suppression of Kashmiri identity and the pre-eminence of
power centric approach held by the successive regimes of India and Pakistan. Regretfully, the
end of the cold war at the superpower level couldn’t bring any qualitative change in the
mindset of people at the helm of affairs in New Delhi and Islamabad. On the contrary, Indo-
Pak tension over Kashmir reached new levels after the outbreak of uprising in the Indian
controlled Valley of Jammu and Kashmir in the late 1980s”.4 India blames Pakistan for
supporting militants and Pakistan claims that India is violating Human Rights in Kashmir.

Meredith Weiss, “The Jammu and Kashmir Conflict”, 25 June 2002, p.3 at
2

http://www.yale.edu/macmillan/globalization/kashmir.pdf
3
Moonis Ahmar, “Kashmir and the Process of Conflict Resolution”, Paper presented at the Workshop the
University of Pennsylvania Institute for the Advanced Study of India Project International Relations Theory and
South Asia: Towards Long-range Research on Conflict Resolution and Cooperation-building, New Delhi, July
15 and 16, 2004, p.3

Moonis Ahmar, “Kashmir and the Process of Conflict Resolution”, Paper presented at the Workshop the
4

University of Pennsylvania Institute for the Advanced Study of India Project International Relations Theory and
South Asia: Towards Long-range Research on Conflict Resolution and Cooperation-building, New Delhi, July
15 and 16, 2004, p.1
Several talks have been held between India and Pakistan but they have not yielded any
substantive results till date. This is reflected in the fact that Kashmir remains one of the most
heavily militarised regions in the world with close to half a million troops and between
40,000- 70,000 civilian casualties in Indian administered Kashmir alone, while the figures for
the Pakistani side though lower remain unknown.

Position of Pakistan, India and Kashmiris

The conflict has three major parties; Pakistan, India and Kashmiris. Pakistan’s view
on Kashmir is derived from the principle of “Two-Nation Theory”. The colonised India was
divided on the basis of two-nation theory according to which Hindus and Muslims are two
distinct nations5, who therefore could not cohabit in a single nation-state. Pakistan’s official
view is that Kashmir is the root cause of animosity with India. According to Pakistan all other
issues are irritants and can be solved if the issue of Kashmir will be addressed and resolved.6

Whereas, India doesn’t consider Kashmir as a territorial dispute, as India claims that
the Maharaja of Kashmir signed the accession treaty in 1947 with the Union of India and
therefore Indian claims to Kashmir are absolutely legal and justified.7 India denies Pakistani
assertion that Kashmir is a disputed territory and blames Pakistan for supporting militants and
providing them logistics and training for terrorist attacks in Jammu & Kashmir.

Within the state of Jammu and Kashmir the situation is even more complex given the
sheer cultural, religious, ethnic and regional diversity that characterizes the state. The state of
Jammu & Kashmir has three districts, Kashmir valley, the district of Jammu and Ladakh. The
Kashmir valley is 95% Muslim, many of whom support either accession to Pakistan or
independence. The minority of Kashmiri Hindu Pundits, many of whom were driven out from
the valley wish to stay with India. The region of Jammu has a Hindu majority, which wants to
remain with India because they fear that if Kashmir becomes the part of Pakistan, they will be
denied their rights under Muslim majority. In Ladak district, Budhists and Shia Muslims are
in majority, who wish to stay with India but feel discriminated by New Delhi in its dealing s
with the state of Jammu and Kashmir, as they feel the people of valley have hijacked

Maria Saifuddin Effendi, “The Role of United Nations in Inter-State conflicts: A Case Study of Kashmir”,
5

Paper presented at Second Annual Peace Studies Conference 2010 Grand Rapids Community College
Michigan, USA 27-29 September 2010, p. 3

“Kashmir: The view from Islamabad”, ICG Asia Report, No.68, 4 December 2003
6

“Kashmir: The view from New Delhi”, ICG Asia Report, No.69, 4 December 2003
7
relations with India. After being a battle ground between India and Pakistan for decades and
continues economic deprivation, many Kashmiri groups want to exercise their right of self-
determination. “The Kashmir conflict represents a self-determination (and more recently,
secessionist) movement for Kashmiris; an irredentist movement for Pakistan and Pakistan-
controlled Kashmir; and a civil insurgency for India”.8

Possible Solutions to Kashmir Conflict

As the Kashmir conflict enters 64th year, the issue continues to remain complex and
intractable. Various options have been proposed by different stakeholders to the problem of
Kashmir but no success has been achieved due to the rigid stands of both Islamabad and New
Delhi. Both Governments are not ready to give concessions to each other and to find
compromises. The reality is that Kashmir has always been used to gain political mileage by
both sides in spite the cost of the conflict is very high for both countries. The rigid positions
and failures to agree to a just and peaceful solution of the dispute have placed the region as a
dangerous spot and a probable nuclear flash point.9

This is the time to think out of the box in order to solve this protracted and intricate
conflict. But the path to resolution is not that easy. It requires strong political will, if the issue
of Kashmir is to be realistically addressed. There is no short cut, no fast track and no easy
formula to solve the problem and specially if there is no mutual trust between the concerned
parties. Now the question arises that how India and Pakistan can find a path for the resolution
of the Kashmir conflict? Sumantra Bose argues that,

“The key to breaking the deadlock in Kashmir lies in the metropolitan capitals of
India and Pakistan. Concerted sustained intergovernmental cooperation between India and
Pakistan is the essential basis of any Kashmir process. If such intergovernmental cooperation
were to occur the other dimension of the Kashmir problem might turn out to be surprisingly
tractable. In its absence, however, no lasting, substantial progress is possible on those other

Meredith Weiss, “The Jammu and Kashmir Conflict”, 25 June 2002,

8
See
http://www.yale.edu/macmillan/globalization/kashmir.pdf
9
Basic information was collected from http://viewstonews.com/index.php/possible-solutions-of-kashmir-
dispute/pakistan
fronts, and the Kashmir question will continue to be a prime source of international tension,
regional instability, and violent internal conflict”.10

Therefore it is important for both Indian and Pakistan to step back from their
traditional rhetoric on Kashmir. After 9/11 when Pakistan came under immense international
pressure to curb the militants and their training camp within the territory of Pakistan,
President Musharraf took some actions against militant groups and also signed a declaration
with India on January 6 2004, which was read out to the media in Islamabad by India’s
External Minister, Yashwant Sinha, and Pakistan’s Foreign Minister, Kurshid Mahamud
Kasuri. In this agreement Pakistan pledged that it will not allow its territory for terrorism and
India committed that it will discuss all issues including Kashmir.11 Afterwards several
sessions of talks were held to explore an acceptable solution to the problem of Kashmir but
no concrete result could be achieved towards this end due to regime change in Pakistan and
subsequently stalling of the peace process stopped after Mumbai attacks of 26 November
2008.

In last few years both India and Pakistan have shown some interest and willingness to
resolve this issue along with other. In this regards several Confidence Building Measures
(CBMs) were taken by both sides like the bus service between Azad Kashmir and Jammu
Kashmir, and bilateral trade was encouraged during this time. These steps reflect both sides
intention to lose ground on their traditional positions to foster the dialogue process and
increase mutual trust. Initially these CBMs were welcomed by both sides but lately have
failed to realize its potential, because of travel restrictions, visa difficulties, trade is in barter
and its value pegged against the US dollar. Also there are no banking and credit facilities for
traders and no telephonic links. Trade lists decided by officials rather than traders and
obviously bilateral trade and bus/train services would not resolve the issue and hence would
not be of any interest to the people of Kashmir largely. Secondly these CBMs won’t tackle
the demand of an Independent State by Jammu Kashmir Liberation Front, Hurriat Conference
(Mir Wais Group) and some of the militant’s organizations.

Moonis Ahmar, “Kashmir and the Process of Conflict Resolution”, Paper presented at the Workshop the
10

University of Pennsylvania Institute for the Advanced Study of India Project International Relations Theory and
South Asia: Towards Long-range Research on Conflict Resolution and Cooperation-building, New Delhi, July
15 and 16, 2004, p.9

See Rathnam Indurthy, “Kashmir between India and Pakistan: An intractable Conflict, 1947 to Present” at
11

http://www1.appstate.edu/~stefanov/Kashmir%20Between%20India%20and%20Pakistan.pdf
 Independence is one of the proposed solutions to Kashmir conflict, which will be
examined later in this paper along with other proposed solutions. The following solutions
have been brought forward time to time, let us analyse them critically.

United Nation’s Plebiscite

First Prime Minister of Inida Mr. Jawahar Lal Nehru said, in a detailed statement to
the Constituent Assembly of India, that the will of the Kashmiris should be fulfilled under the
supervision of the United Nations. On December 31, 1947, India filed a complaint against
Pakistani aggression with the United Nations. The U.N. passed resolutions asking for the
withdrawal of Pakistani troops from the occupied territory in Kashmir, for the reduction in
the number of Indian troops in the state of Jammu and Kashmir, and finally for a plebiscite to
ascertain the wishes of the people of Kashmir with regard to their political affiliations.12In
this regard UN established UNCIP and UNMGOIP. But since then no plebiscite could be
held because of the lack of cooperation by both sides. India says that Pakistan should first
withdraw its forces from Azad Kashmir and Pakistan holds India responsible for not allowing
Kashmiris to ascertain their will. After so many years UN resolution is still seeking its
implementation, which has very less prospects in near future to be implemented in its lateral
spirit.

One another drawback of this resolution is that it doesn’t give Kashmiris an option to
decide for their independent state and for this reason it is not wrong to claim that under
current circumstances the solution of UN Plebiscite has lost its importance and can no more
be considered as a viable solution to the problem. Because, if according to the current
resolution a plebiscite would be held, It will only ask for the accession with either Pakistan or
India, which is not going to be accepted by the either side, if the decision goes against one of
them. In this regard, it is important to include option of independence in the current UN
resolution, only then it could be considered as a plausible solution.

United Nation’s Trusteeship Option

“There is a proposal that to resolve the issue of Kashmir for some time the territory
may be placed under control of trusteeship of United Nations and after a period of ten to
fifteen years the matter may be referred to the people for the final verdict with regard to

Reeta chaudhry, “Nation, Identity and the Intervening Role of the State: A Study of the Secessionist
12

Movement in Kashmir”, Pacific Affairs, Vol. 69, No. 4 (Winter, 1996-1997), pp. 471-497
future status of the State. This arrangement will provide a face-saving arrangement for India,
and will also give Kashmiris, on both sides of Line of Control, enough time to decide their
future without any pressure or compulsion from any country or group”.13

But this option is not workable until both India and Pakistan agree to withdraw their
forces from the occupied areas. Secondly India has outrageously and repeatedly refused the
involvement of any third party and always argues that this is a bilateral issue and only India
and Pakistan should solve it. On the other hand it would be difficult for Pakistan to dismantle
all the military establishments and especially the militant groups would not agree to the
presence of any International forces because then they have to disarm and stop militancy. So
this option doesn’t look practical under current situation.

Independence

The idea of Independent Kashmir is not new at all. Sheikh Abdullah was dismissed by
Jawahar Lal Nehru on expressing his views in favour of Independence way back in 1953.
However, it is a view which has found favour with a large number of Sunni Muslims in the
Kashmir valley. Over the last 63 years political manipulations, Human rights abuses, rigging
of elections and corrupt Government has created a sense of alienation among Kashmiri
population and they have become more defiant and assertive.14 But one important thing is
that there is a divide on this option among the political parties, militant groups in Kashmir
and people from different regional, religious and ethnic background who make up the state of
Jammu and Kashmir. Some political parties like Hurriat Confernce (Ali Gillani Group) and
Hizbul-Mujhahideen (militant group) demands accession with Pakistan and hence would not
buy this idea of independence but on the other hand some Political parties like Jammu and
Kashmir Liberation Front (JKLF) and Hurriyat Conference (Mir Wais Group) are in favour
of independence. Therefore there is no consensus on this option, which makes it difficult to
adopt.

But even if Kashmir gets independence, it would be difficult to survive as a sovereign

state because of its land locked territory and would be dependent on Pakistan and India for
trade and other resources. Moreover, it has very strategic position, Main water sources are
coming from Kashmir and there would be again a competition to install a pro Pakistani or pro
13
Basic information was collected from http://viewstonews.com/index.php/possible-solutions-of-kashmir-
dispute/pakistan
14
ibid
Indian Government in order to secure their strategic interests. Under these circumstances, it is
difficult to envisage a viable and sovereign state. The Hindu minority, which already feels
threatened by militants would not favour the independence and would like to remain with
India.

Recommendations

There is no immediate solution to the problem of Kashmir. The situation is

complicated by the immense diversity of public opinion as well as the different political and
military players with divergent interests. The high political rhetoric and dogmatic stance of
parties to the conflict has often made the search for finding a mutually acceptable solution all
the more difficult. Till the time, there is an element of maturity, prudence and sincerity
among those who matter in the Kashmir conflict; it will be difficult to resolve this issue on
pragmatic and realistic lines15. Hence the only viable and practical solution would be a steady
peace process between India and Pakistan. It is very important to also involve Kashmiris in
these talks and accept them as stakeholders. According to Iftekhar H. Malik, a Pakistani
origin scholar based in the UK,

“In any realistic resolution of the Kashmir conflict, the larger interest of the Kashmiris must
receive priority. For a long time, rather than being the focal point, they were simply regarded as a
side-issue. Yet, it is the Kashmiris who, for generations, have continued to suffer from decisions made
about them without consultation”.16

Besides the, international community in general and United States of America in

particular should play its role in order to resolve this protracted conflict. Being a big
economic and military power United States has great influence on both countries and it can
help to foster the process, as President Obama also committed to provide support in
facilitating the peace process between India and Pakistan during his election campaign of
2008. With the help of International community, a joint administration including India,
Pakistan and Kashmiris should be worked out. The borders should be made irrelevant and
trade and people movement should be allowed without any restrictions. As far as militancy is

Moonis Ahmar, “Kashmir and the Process of Conflict Resolution”, Paper presented at the Workshop the
15

University of Pennsylvania Institute for the Advanced Study of India Project International Relations Theory and
South Asia: Towards Long-range Research on Conflict Resolution and Cooperation-building, New Delhi, July
15 and 16, 2004.

Iftekhar H. Malik, “Continuing Conflict in Kashmir Regional Détente in jeopardy (London: Regional Institute
16

For a Study of Conflicts and Terrorism, March 1993), p. 18

concerned it could be tackled if both countries show real political will to resolve this issue, as
stated by Mirwaiz Omar Farooq, “If the government of India shows that it is serious about the
dialogue, the issue of militancy could be addressed and those elements reigned in”.17 Pakistan
too should curtail the militant groups, which are operating from its territory.

Conclusion

This paper has sought to identify the key sticking points that have prevented a
resolution of the Kashmir conflict. It has sought to also highlight the complexity of the
situation by pointing to the immensely diverse range of players and their goals. In light of this
complex situation it has sought to engage with possible solutions and its potential impact in
attempts to address the Kashmir issue. Given the huge amounts of political capital invested
by all parties to the conflict and the practical challenges posed for Kashmir if it chooses the
path of independence, it has been argued that the most acceptable way for addressing the
issue of Kashmir would be to administer the territory jointly. While realizing this goal will
not be easy, given the past history of mutual distrust between India, Pakistan and the
Kashmiri’s however if the issue is to be earnestly resolved there is no substitute for political
will on all sides. Attempts at building trust, would be the first foundational step on setting out
on the path for resolving what has been arguably the longest and perhaps the bloodiest
running disputes in the world.

Bibliography

1. Ahmar, Moonis, “Kashmir and the Process of Conflict Resolution”, Paper presented
at the Workshop the University of Pennsylvania Institute for the Advanced Study of
India Project International Relations Theory and South Asia: Towards Long-range
Research on Conflict Resolution and Cooperation-building, New Delhi, July 15 and
16, 2004.

2. Chaudhry, Reeta, “Nation, Identity and the Intervening Role of the State: A Study of
the Secessionist Movement in Kashmir”, Pacific Affairs, Vol. 69, No. 4 (Winter,
1996-1997)

3. Effendi, Maria Saifuddin, “The Role of United Nations in Inter-State conflicts: A

Case Study of Kashmir”, Paper presented at Second Annual Peace Studies
Conference 2010 Grand Rapids Community College Michigan, USA 27-29
September 2010.

Victoria Schofield, “Kashmiri separatism and Pakistan in the current global environment”,
17

Contemporary South Asia, 16: 1, (2008) p. 83 — 92

4. Indurthy, Rathnam, “Kashmir between India and Pakistan: An intractable Conflict,
1947 to Present”.
http://www1.appstate.edu/~stefanov/Kashmir%20Between%20India%20and%20Paki
stan.pdf

5. ICG Asia Report, “Kashmir: The view from Islamabad”, No.68, 4 December 2003

6. ICG Asia Report,“Kashmir: The view from New Delhi”, No.69, 4 December 2003

7. Malik, Iftekhar H., “Continuing Conflict in Kashmir Regional Détente in jeopardy

(London: Regional Institute For a Study of Conflicts and Terrorism, March 1993)

8. Schofield, Victoria, “Kashmiri separatism and Pakistan in the current global

environment”, Contemporary South Asia, 16: 1, (2008)

9. Weiss, Meredith, “The Jammu and Kashmir Conflict”, 25 June 2002

http://www.yale.edu/macmillan/globalization/kashmir.pdf

10. Basic information was collected from http://viewstonews.com/index.php/possible-

solutions-of-kashmir-dispute/pakistan