BELGIAN ASSOCIATION FOR

SOLIDARITY WITH JAMMU AND KASHMIR

Office: Middenheide 126, B - 9120 Beveren, Belgium

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JAMMU AND KASHMIR:

2011, YEAR OF CHANGE

HUMAN RIGHTS COUNCIL

EIGHTEENTH SESSION

GENEVA, 12-30 SEPTEMBER 2011

REPORT ON THE STUDY TOUR OF BEERSMANS PAUL, PRESIDENT OF THE BELGIAN ASSOCIATION FOR SOLIDARITY WITH J&K TO INDIA AND THE INDIAN J&K STATE FROM 26 JUNE TO 23 JULY 2011

Photograph on this cover: the splendid new seat of the Ladakh Autonomous Hill Development Council-Leh in the outskirts of Leh City, Ladakh, J&K State

Note: The Belgian Association for Solidarity with Jammu and Kashmir has issued reports on previous visits to India and the Indian J&K State and to Pakistan and Azad Kashmir.  These reports are available on our website http://basjak.org or on simple request This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

“Undoubtedly, the direct players are Government of India, people of the state and Government of Pakistan.  A path of sincere accommodation treaded on timely by all three will lead to the Holy Grail.  Government of India should respect the spirit of accession, the people of the state must use logic and discussion more than emotions and Government of Pakistan must agree to status quo on current territorial integrities and open borders.”

Dr. Sameer Kaul

National Spokesperson of J&K Peoples Democratic Party

1. INTRODUCTION

a. This is the report on the yearly study tour to Kashmir and Ladakh (Kargil and Leh Districts).  I had meetings with the common man in the street, representatives of J&K State Government, of political parties, of separatist leaders, of different organisations, of social, religious and educational institutions, of the press, etc.  You find the "highlights" of these meetings in Par. 2.  In Par. 3. you will find the conclusions of our Association.  For Jammu Region: see the report ‘Jammu and Kashmir: Moving Forward’ on the study tour of January/February 2011: http://basjak.org.  Visit also the photo-gallery, with unique photographs, on our website.

b. I thank all those who helped me to make this study tour possible.  All my friends of the Belgian Association for Solidarity with Jammu and Kashmir gave me an invaluable and much appreciated moral support throughout this study tour.  As usual, they gave practical, financial and logistic support where needed.

c. Used abbreviations and some clarifications:

- APHC-M or APHC-G: All Parties Hurriyat Conference split in two groups: a moderate group under Mirwaiz Umar Farooq and a hard-line group under Syed Ali Shah Geelani.

- BJP: Bhartiya Janata Party, the largest opposition party in India.

- CBM: Confidence Building Measures.

- Interlocutors: Three interlocutors have been appointed in October 2010: Mr. Dileep Padgaonkar (a famous journalist), Prof. Dr. Radha Kumar (a social activist) and M.M. Ansari (former Information Commissioner) to interact with people all over J&K State.

- ISI: Inter Services Intelligence.  Most powerful and omnipresent military intelligence agency in Pakistan.

- LAHDC-K or LAHDC-L: Ladakh Autonomous Hill Development Council-Kargil or Leh.

- LoC: Line of Control.  The line dividing J&K between India and Pakistan.

- LUTF: Ladakh Union Territory Front.  A party striving for Union Territory status for Ladakh.

- MLA: Member Legislative Assembly in J&K State.

- NC: National Conference.  The largest mainstream party in J&K State headed by Farooq Abdullah.  His son, Omar Abdullah, is presently Chief Minister of J&K State heading a coalition Government with Congress Party.

- Panchayat Raj (= rule) Act was introduced in 1989 by Rajiv Gandhi: panchayat raj is based on people’s assembly in the villages.  A sarpanch heads the assembly assisted by panchs.  They fix priorities regarding developmental steps and infrastructure in their village.

- PDP: People’s Democratic Party.  A former coalition partner in J&K State headed by Mehbooba Mufti.  Presently, this is the main opposition party. 

- Yatra: the yearly pilgrimage of Hindus to the Amarnath cave in Kashmir.  

d. J&K, as it was before partition in 1947, is at present under the rule of three countries:

(1) China: Aksai Chin and a territory of 5.180 km2 ceded by Pakistan to China;

(2) India: J&K State comprising Jammu Region, the Kashmir Valley and Ladakh, and

(3) Pakistan: Azad Kashmir and Gilgit-Baltistan (Northern Areas).

The population of these specific regions is totally different from each other: culture, history, traditions, language, religion, etc.  In J&K State, this is also the case for the three regions: Jammu Region, the Kashmir Valley and Ladakh. 

2. HIGHLIGHTS OF EACH MEETING

a. MEETING WITH MR. SYED ALI SHAH GEELANI, CHAIRMAN APHC-G AND THEREEK-E-HURRIYAT, IN SRINAGAR

All issues are still alive.  Unless our basic right, our right of self-determination to decide our future is not given our struggle will continue.  In this regard, one shouldn’t misunderstand the situation.  People are restless.  No public meeting of freedom loving people is allowed whereas the mainstream political parties don’t have these problems.  The State Government even doesn’t allow me to offer Friday prayers or to address people.  They just put me under house arrest.  In 2010, I was in jail and hundred fourteen days under house arrest.  In 2011, this process continues, there is no break.

Last year our youth came on the streets, there was stone pelting and many strikes as a protest against the brutal force used by J&K police and CRPF.  Without any provocation, they killed 120 people, most of them teenagers.  There were 117 days of strike, 100 days of curfew.  People were sealed in their houses because of the brutal and inhuman attitude of police, CRPF, the Government of India, the State Government and different agencies. 

This year, 2011, they are crushing the voice of the people.  Almost thousand five hundred people are behind the bars in different jails and sub-jails all over J&K State and in India.  Most of them are teenagers, APHC-G and Thereek-e-Hurriyat leaders and workers.  All of them are deeply involved in the freedom movement and therefore arrested under Public Safety Act.  When the court cautions them and they are set free, they are rearrested again immediately. 

One lakh of people was killed, women and girls raped, ten thousand missing during the last twenty years.  Our youth is behind the bars, they are tortured on a cruel manner.  This brutal attitude is constantly continuing.  Peace is there and shops are open but this is only under the threat of the gun and based on oppression.  A fact is that the basic cause is still there and people continue fighting for their basic rights: no peace until a solution according to the wishes of the people and taking into account their sacrifices.  Please convey this message to the international community and media: highlight the suppression by the Government of India.

Besides the army suppression there is another aggression.  This aggression is demolishing our culture and our moral values.  There is no respect anymore among the youngsters, there is co-education of girls and boys, there are drugs and alcohol, there is religious decline.  Chastity of the society is damaged in a plan, in a way that the moral and human values should be completely destroyed and the immoral attitude of the oppressors installed.  Islamic values are demolished and defamed.  It is of concern for us because all this is very precious to us.  We are targeted and they try to change our society.  Common people can’t easily understand what is going on, they are very vulnerable: this is a very dangerous situation.

b. MEETING WITH AHMED ALI FAYYAZ, RESIDENT EDITOR (KASHMIR) DAILY ‘EARLY TIMES’, IN SRINAGAR

The change for peace is not only on the surface, it is deeper.  It was there even last year among the silent majority, which wants to grow in education, development, economy, science and literature irrespective of diverse political ideologies.  However, trouble gained ground because of mishandling by politicians and armed forces.  This year, people are more empowered, more assertive and more sensitive to maintenance of peace. Troublemakers are not given free hand like in 2008, 2009 and 2010. Some 800 people are still in jails and interrogation centres in relation to alleged unlawful activities of the past.  In total, some 5.000 were arrested in 2010 out of which some 4.000 were released on undertaking of parents and respectable citizens or under court orders. Some of the hardliners like Asiya Andrabi are booked again and again and quashment of their Public Safety Act detention orders is not honoured by Police. For sure, over 95% of the Kashmiri are in favour of peace but this doesn’t mean that none of them wants independence or accession to Pakistan.  Only a very small section of the population is for violence and disturbance. Because of almost total political and administrative vacuum, they called the shots in 2008 and 2010.

Total number of militants in J&K is around 300 out of which some 100 are in Kashmir (Tral, Shopian forests, Sopore, Kupwara) and around 200 in Jammu Province, mostly in the upper reaches of Doda, Udhampur, Rajouri and Poonch districts. They can’t go for big strikes on armed forces anymore. Chain of suicide attacks, that began in 1999, seems to have died its own death. Militants can kill one-odd person somewhere in a pinpoint action but their operational capacity is apparently minimal---lowest ever since 1989.  Infiltration can’t be ruled out but they can’t come in larger groups as they don’t have enough of public support.  Intelligence gathering and coordination between the different security authorities seems to be the best ever in 20 years.  Incumbent IGP Kashmir and his team of district police chiefs have proved their mettle in the worst of law and order situations since 1995.

Omar Abdullah is slightly better than the years before.  Unlike in 2009 and 2010, he is no more playing second fiddle to the mainstream PDP or separatist Hurriyat Conference. In his public speeches and statements, he is still excessively discreet but on Twitter at least, he occasionally makes frontal attacks on Hurriyat heads, Geelani and Mirwaiz, accuses them of promoting violence and instability and selective condemnation of civilian killings.  Previously, some of his statements betrayed his lack of confidence and, consequently, multiplied his troubles.  He has now more confidence and this is a good sign.  He promotes infrastructure work and this is in progress but the pace of development is not satisfactory because of poor delivery system, lack of accountability among officials of all rungs in administration. Chief Minister has been taking most of the press reports lightly and does not use these to make his administration accountable. Local resource generation is better and New Delhi is providing more financial support than demanded but program implementation in National Rural Health Mission (NRHM), Pradhan Mantri Gram Sadak Yojana (PMGSY, a program to provide rural road connectivity), National Rural Employment Guarantee Act (NREGA) and other flagship programs of Government of India is miserably low. Omar Abdullah should go on frequent spot inspections like his predecessor Ghulam Nabi Azad, rather than going for foundation stone laying and inaugurations alone.

The panchayat elections were very important for various reasons:

-    The elections were held for the first time under the supervision of J&K State Election Commission.  There was no intervention from the Election Commission of India.

-    These were the cleanest elections in the last 64 years.  There was not a single complaint of rigging.  They were transparent, clean and fair.

-    Never before there was such a high participation.  80 to 92% voters participated in the elections.  This means almost 100% as the girls married in other areas can’t vote and scores of dead are still in electoral rolls. This phenomenal participation in spite of Syed Ali Shah Geelani’s call for total boycott. Geelani had apprehensions that India could sell high voter turnout at international level as the death of secessionist movement. That came true when UPA Chairperson Sonia Gandhi stated that Panchayat elections had come as the major turning point in J&K.

At the moment, there is almost no power with the panchs and the sarpanchs.  Empowerment must be given to them.  Omar Abdullah put up a Government Committee, headed by the chief secretary, to look into this matter.  This committee submitted a report on the improvement of powers of the panchayat system and is under consideration with Cabinet.  Unless this process is completed, the system has little importance and relevance.  A system written in law must be there to empower the panchs and sarpanchs.  A check and balance and an accountability system should be autonomous, not autocratic.  A mechanism of control must be installed.

c. MEETING WITH MR. HASHIM QURESHI, CHAIRMAN J&K DEMOCRATIC LIBERATION PARTY AND CHAIRMAN J&K MAQBOOL NATIONAL WELFARE ASSOCIATION, IN SRINAGAR

Militancy is still there but they keep low profile.  For the time being Pakistan doesn’t want them to use violence as they have their own problems.  In addition, there is pressure from the USA to keep low profile in order to move forward with negotiations between India and Pakistan and to create a conducive atmosphere for India to make concessions.  India and Pakistan are talking for the last 64 years.  Sometimes there is peace, sometimes there is a war.  India and Pakistan have a complex love-hate relation.

The Kashmir-issue can’t be solved because both countries want J&K.  The state should be reunited and handed over to the UN and a UN peace force must be installed.  Then the people of all shades of life can talk to each other and decide over their future.  Why couldn’t J&K be independent even when there is diversity?  We can be independent like so many other countries.  Kashmiris must decide their future, no solution can be imposed on us.

Organising panchayat elections was a good move.  Now they must be given empowerment.  Panchayat rule is a very good idea but police and the administration must cooperate.  Now the elite class enjoys luxury while the normal Kashmiris are treated as slaves.  There is no democracy, no justice system.  Panchayat rule can’t lead to a solution for the Kashmir-issue as this is only for local governance, while the Kashmir-issue is a national/international problem that has nothing to do with panchayat rule.

The three interlocutors are there, but what can they do, what is their power?  India is here for the last 64 years.  Of course, they know exactly what we want but they don’t care.  Corruption is there and there is no accountability commission.  I didn’t meet the interlocutors although two of them talked to me on telephone.  I think I didn’t receive an invitation as I wrote an article about their mission, an article that didn’t please them.  India is just buying time.  They didn’t learn from the past.  They repeat their mistakes or perhaps is it not their intention to find a solution.  We are fools believing that India and Pakistan are serious and honest in finding a solution for the freedom of the Kashmir people.  They are befooling us.

Chief Minister Omar Abdullah is a cowboy, another king of the Abdullah dynasty.  There are so many local problems but he is not solving them.  One simple problem is for example the garbage.  Heaps of litter everywhere thrown by locals because dustbins are not there.  This becomes an ecologic disaster.

d. MEETING WITH NADEEM QADRI, FOUNDER AND EXECUTIVE DIRECTOR KASHMIR CENTRE FOR PEACE AND RECONCILIATION, IN SRINAGAR

J&K is a geo-ecological problem, not a geo-political one.  The UN must intervene on the geo-ecological front because J&K is the ecological most sensitive zone of the world.  This area falls under that part of the Himalaya range having the maximum of glaciers and water resources that are feeding the Indian sub-continent and South Asia, especially Pakistan.  Almost 1,5 billion people depend on this water.  This must be a concern for all ecologic organisations all over the world.  This can’t wait because the environment is deteriorating at a very fast pace.  This must be handled in first priority.  A political solution is not the priority.  We must realise that each environment has its carrying capacity.  Once this capacity is exceeded, it becomes a treat to the ecological system, to wildlife, to fauna and to flora and also to the people depending on this whole ecological system.  Mr. Al Gore, the former Vice President of the USA, should come to J&K as a negotiator on the ecological front for solving the Kashmir ecological disaster. 

J&K has its own environmental laws: they should be implemented in toto.  Forests must be protected.  The rivers are not property of J&K as they are floating across our borders.  If we, in J&K, pollute the rivers, it will have an impact on the way of living across the borders.  Northern India is also depending on the hydro-electrical power generated in J&K.  If the water level is going down, there will be less power resulting in huge problems for the people depending on this power supply. 

Our youth must be made aware of all these problems, but they are more concerned in drugs and girls. As long as this is so, we don’t deserve independence.  We must educate our youth in a social responsible way.  Independence is not an aim or a solution as the environment is degrading very fast and if we don’t act fast in protecting the ecological system it will not make any difference anymore if we are independent or not.  It is an international responsibility with an international impact.  Understanding the ecological importance of J&K in terms of recognising international obligations which the Indian Government is signatory to is a must.  There is also an obligation of the UN under Article 6 of the UN charter to promote peace and security in the world by understanding the J&K issue through the prism of ecological concerns, thus opening the way towards a peaceful political solution and bringing security in this part of the world. 

During the previous decades, we fought a war for the possession of or the control over petrol.  In the coming decades, the war will be in connection with control over water supply.  This adds to the importance of the J&K issue.  After partition in 1947, this issue was a question of principle related to the two-nation theory.  Now, water is becoming more and more the main aspect of the issue.

e. MEETING WITH PROF. DR. GULL WANI, DEPARTMENT POLITICAL SCIENCE, THE UNIVERSITY OF KASHMIR, IN SRINAGAR

This year the Indian security establishment functioned reasonably well: there were no fake encounters, no killings.  They also were reasonably responsive to the concerns of the common man.  Infiltration has gone down according to statements of the army whereas the Chief Minister contests this.  A peaceful atmosphere is there and the Indian establishment continues to show interest: the interlocutors continue their consultations, the civil society is actively interacting, European ambassadors are coming.  Mainstream political parties insist in political rallies on using this peace to move forward: the maximum must come out of it. 

Re-engagement of Indo-Pakistan talks with meetings at high level is very promising.  I hope they may find new avenues how to take the peace process forward and how to give a new push to trade.  Less contentious issues must be taken up first and move forward.  Then there will be the will to move forward with the Kashmir-issue. 

There is a residual presence of some 300 to 400 militants.  On the other side of the LoC, there are some 7 to 8.000 boys/men from this side.  The State Government wants to rehabilitate them and handed over a demand in this regard to the Government of Pakistan.  Until now, not much progress has been made.  Rehabilitation may not be projected as surrender but must be taken as a part of taking the peace process forward. 

Participation in the panchayat elections was very high, even higher than during the 2008 Legislative Assembly elections.  The delivery mechanism was not functioning well and centralisation of power gave rise to corruption.  Governments’ reach was limited and hence there was a need to involve the grass root level through the panchayat system.  Although some separatist leaders called for a boycott, no violence was used to pressurise the people. 

At the countryside, there was not much employment.  Economic dislocation and political disempowerment were leading to social turmoil.  Infrastructure was neglected.  The Government can’t reach everywhere and private initiatives are non-existent because of militancy.  Unless foreign capital comes not much progress can be expected: they will not come unless the situation is stable and peaceful.  People must realise this fact.

Breach of trust resulted in alienation.  Sustainable peace is not possible unless we find an answer to the question why Kashmiris remained silent or sided with India in 1947/48, in 1965 and in 1971 wars and why this changed in 1989/90 leading to the destruction of Kashmir.  Security forces should withdraw from areas where mapping has been done regarding the absence of militants.  Bunkers must be removed thus showing clearly that India and the State Government are responsive to changes on the ground and respecting the electoral verdict of 2008 (Legislative Assembly) and 2011 (panchayat). 

f. MEETING WITH MIAN ABDUL QAYOOM, PRESIDENT HIGH COURT BAR ASSOCIATION, IN SRINAGAR

Until the Kashmir-issue is settled, the movement goes on.  Sometimes there is a lull but this should not be taken as if there is no problem anymore.  Unless there is a solution in accordance with the UN resolutions and with the aspirations of the Kashmiris, there will not be an improvement.  The real ground situation is totally different from what we see on the surface.  Many tourists and yatris are coming and the Government claims there is peace.  This is only superficial, there is no peace at all. 

The UN resolutions are binding.  In 1993, our Association passed a resolution in this regard.  J&K should be reunited within the 1947 borders and be put under UN auspices for five years.  People should be allowed to talk and to know each other better.  Then there should be tripartite talks, India, Pakistan and the Kashmiris, under supervision of a neutral country or an international organisation.  The outcome of these talks must be accepted.  We are not standing alone with this approach.  The APHC constitution is along the same lines. 

We reject the formula of Musharraf.  We need to consider the whole of Kashmir.  We don’t accept compartimentation of the state in different regions, we don’t agree with self-rule or joint management.  All these proposals regarding assemblies in each region, regarding using Indian and Pakistani currency, regarding joint management, etc. are only diversions to complicate the issue.  They are unacceptable.  Modalities can be discussed but the people all over J&K State must endorse the final decision.  Everyone has equal rights. 

It is recognised by India that it is a unique problem that needs a unique solution.  They recognise that it is a non-settled issue.  I believe in a solution: nothing is eternal.  All over the world, there are waves of independence, waves of freedom.  Whatever political leaders and other well-wishers say is fine but finally the Kashmiri people must decide their future.  Now there is only suppression: remove this and we will come to know the real picture, the real truth. 

g. MEETING WITH MR. TAJ MOHI-UD-DIN, MINISTER PUBLIC HEALTH ENGINEER, IRRIGATION AND FLOOD CONTROL, SENIOR CONGRESS PARTY LEADER, IN SRINAGAR

Peace is there and the situation improved a lot.  Let us keep fingers crossed that it will remain like this.  We welcome the stand of the separatist leaders not to start agitation or violence.  The Centre took the people into confidence but dangerous internal and external actors are still there.  We may not be complaisant and must remain vigilant.  We will try our best that there are no human rights violations.  The Prime Minister of India and our Chief Minister confirmed that there would be zero tolerance regarding human rights violations.

Militancy is on decline although small incidents happen: this can’t stop at once.  It is also a fact that Pakistan didn’t stop patronising them.  Militants still try to infiltrate and this is only possible with the support of Pakistan.  Thanks to better coordination and exchange of information between security agencies, infiltration is totally under control.

Talks between India and Pakistan are going on and we hope there will be some progress as an agreement is in the interest of both countries and of the Kashmiris.  We must take into account the aspirations of the people all over the state.  Through bilateral negotiations, we must decide and solve the issue.  It can be any formula.  J&K is an integral part of India.  We have to deal with the parts occupied by Pakistan.  Azad (=free) Kashmir is not at all azad.  Pakistan continues to keep the pot boiling in order to divert internal discontent towards Kashmir.  Pakistan can’t win a war with India militarily: the Indian army is three times stronger than the Pakistani army is and India has a very strong economy.  Pakistan knows that and continues to say that Kashmir is their main artery, their lifeline.

Water is now the most important aspect of the issue.  When we signed the water treaty with Pakistan in 1960, they recognised India’s sovereignty and authority over Kashmir.  They can’t back out, they can’t change that unless the whole treaty is revised.  Being Minister responsible for irrigation and flood control, I really know what I am speaking about.  Pakistan doesn’t allow Kashmiris to use their own water.  They put nets in the Jhelum river at Mangla to prevent fishes to come upstream for breeding and then they claim to defend the interests of the Kashmiris.  They are hypocrites.  They only are safeguarding their own interests, they don’t care about the interests of the Kashmiris.  Pakistan is not defending the right of self-determination of the Kashmiris but only wants control over J&K and the rivers flowing from there into Pakistan.  It is clear that we can’t allow this to happen. 

h. MEETING WITH MR. BASHIR MANZAR, EDITOR ‘KASHMIR IMAGES’, IN SRINAGAR

People now ask why last summer over 100 lives were lost.  Also, the separatists are questioning what they achieved.  They realise that killings only happened when separatist leaders gave calls to provoke the Government or the security forces.  It was a vicious circle: there was a call for stone pelting, security forces had to intervene, someone got killed, this resulted in a new call for stone pelting and this went on and on.  Last year was horrible: schools remained closed, there was no business because no tourists came, shopkeepers had no resources. People decided not to repeat this blunder as they were only harming themselves.

The fact that there is no infiltration is due to a decision of Pakistan probably because of the renewed negotiations with India.  India also negotiates with Pakistan regarding the return of militants.  India wants to get back those who crossed over to Pakistan and to rehabilitate them.  If Pakistan agrees with that, the question is what the message is: are they winding up the militancy factor?  This would also mean a public confession by Pakistan that they gave more than diplomatic and moral support, that they were training and equipping militants and that there are training camps on their territory.  Of course, the separatist leaders are not happy with this evolution.  If militants return this also would mean that they want peace and that they want to live in India.  This destroys the aims and the philosophy of the separatist leaders. 

The panchayat election went of very well: over 80% of the people participated.  In fact this means that almost 100% participated and all this despite the fact that Syed Ali Shah Geelani issued a call to boycott the elections: people disregarded this completely.  We can’t make political conclusions as they are not linked to political parties but it is clear that people wanted to take revenge on the separatists as they realise they misguided them in 2010.  As a result, they revolted against them and participated en masse.  The elected panchs and sarpanchs only will bring a real change at the grass root level if they are given real empowerment.  In the present situation, people don’t have direct access to the elected MLAs whereas this is the case in the panchayat system giving direct access to the panchs and sarpanchs.  It will need time to setup this system but we must strengthen them as it will strengthen democracy and lead to political stability. 

The security forces removed many bunkers from the urban areas.  They are less visible but the number has not decreased.  There seems to be a continuous program: remove the irritants on the ground.  There are almost no complaints of human rights violations anymore.  The local police started a process to reach out to the people.  They are organising sport activities and tournaments to keep the youths off the street.  All this adds to a better law and order situation. 

The three interlocutors are still busy and meeting people.  I don’t know why they go to the media with statements.  That is not their mission.  By doing this, they will reach nowhere.  On the other hand, there is no change of stands of the different ‘players’.  So, why have they been given this mission?  If we don’t know yet, after so many years, after so many initiatives and consultations, we will never know it.  Now it is time to take decisions and come out with clear proposals.

I am worried about the situation in Pakistan, how they look at terrorism and how to tackle this.  If fundamentalists become jobless after the withdrawal of the Western forces in Afghanistan, the question is if a new force of non-Kashmiris will emerge and infiltrate to this side.  If this happens, it will be a disaster for us, as they have nothing at stake in Kashmir.  They have no family here, they don’t know the Kashmiri psyche.  In Pakistan, there are many fundamentalists with guns.  If there is a compromise between Pakistan and the new regime in Afghanistan, Pakistan finely creates its strategic depth. 

i. MEETING WITH MR. NAWANG RIGZIN JORA, MINISTER OF TOURISM AND CULTURE, SENIOR CONGRESS LEADER IN LADAKH, IN SRINAGAR

Peace is there and hopefully it will remain like this.  This year the Government has been pro-active right from the beginning instead of reactive.  Prevention of law and order problems was much better this year and there is a good cooperation between the law enforcing authorities.  In addition, there was people’s fatigue and disillusionment with strike calls as they realise the futility of this.  Separatist leaders changed their stand in order not to be exposed, as people didn’t respond anymore to their strike calls.

There is a tremendous growth in the tourist field in the three regions.  People are by and large happy the way it is going and they are doing good business.  Many more tourist spots are being improved, made more attractive and highlighted in the three regions.

Negotiations between India and Pakistan are going slow but steady.  Pakistan must be kept engaged.  There has been some infiltration and militants are lying low although they can become active at any time.  This is probably because Pakistan wants a peaceful atmosphere in order not to hamper the negotiations and because they are themselves in such a mess. 

The State Government is performing well after two years of turmoil and bitter experiences.  Panchayat elections were organised.  Now they must be fully empowered and there must be decentralisation: let the panchs and the sarpanchs do it at the local level so that the MLAs and the Government can be busy with development and long term planning.  The Centre is fully supporting J&K State and backing up initiatives.  Omar Abdullah is given full support.

There are indeed less bunkers in the urban areas.  This is a deliberate and consistent policy: when there is peace and no disturbances there is no need to have them.  The last twenty years security forces had to deal with violence.  Now they are being trained in controlling demonstrations and their strategy changed: no guns anymore but latties (sticks) and shields.

The three interlocutors are busy in all regions and meeting all kinds of people. I don’t know what will be the outcome.  At best, they can make some recommendations.  The State Government installed a committee to look into the recommendations of the fifth working group (Centre-State relations).  For Congress the maximum line is the Indira-Sheikh Accord of 1975. 

j. MEETING WITH MR. ABDUL RAHIM RATHER, MINISTER OF FINANCE, SENIOR NATIONAL CONFERENCE LEADER, IN SRINAGAR

There is unprecedented peace and this is very much encouraging.  People are happy and this is confirmed while talking with the common man.  Tourism is in full bloom and this helps everybody: the Government, the common men, businessmen, shopkeepers, taxi drivers, etc.  You can hardly find accommodation.  People realised that peace is very important for development.  They realised the futility of the gun, of stone-pelting and other violent means.  They suffered a lot: education was badly affected, our economy was scattered, disrupted, the state apparatus was totally paralysed.  After this bitter experience, people want peace and security.  Everyone has contributed to walk the path of peace.  Enemies of peace are still there but the vast majority is against them.  People are not responding to their strike calls.  APHC felt the pulse of the people and don’t make strike calls anymore.  People have enough of all this.

Through the panchayat elections, there is a total involvement of the people: in the entire state, over 80% participated.  There are no complaints of any rigging: they were free and fair.  The elections were on a non-party basis.  Political parties didn’t interfere and the party symbols were not allowed to be used.  The candidate got elected not because of a party card but because of his/her qualifications.  This whole process is another confirmation that people want peace and democracy to work.  Through these elections, they can decide themselves at village level.  The Chief Minister had been touring the whole state during the last two months and meeting the elected panchs and sarpanchs.  He promised to empower them in a big way: decentralisation to panchayat level.  The response is very encouraging.  Sheikh Abdullah installed in 1976 the District Development Board in each District: this was an important step for decentralisation.  Now, his grandson, Omar Abdullah has gone a step further.  Decentralisation is further extended and strengthened by the present Government.  It is not an exaggeration by terming the panchayat elections as historical elections.

Bunkers have been removed, as this was a commitment of the Government.  It is also a sign that normalcy is returning.  The Government will continue to follow very closely the ground situation: a sustained peace will automatically lead to reduction of security forces. 

The report of the fifth working group (Centre-State relations) is under consideration of a cabinet sub-commission.  This commission is examining the recommendations and will report to the cabinet that has to decide.  It has to be underlined that the Centre-State relations are cordial.

k. MEETING WITH MRS. KEM LATA WAKHLU, SECRETARY GENERAL J&K STATE CONGRESS PARTY, FORMER MINISTER FOR TOURISM, IN SRINAGAR

The present generation of youth doesn’t know peace.  They were born under turmoil.  Last year they were paid for pelting stones and provoke the security forces.  This year everything is peaceful as people are fed up with violence and disturbance of law and order.  By and large, Kashmir is peaceful.  Not 0,1% favours violence or fundamentalism.  The whole world must stand up and fight fundamentalism.  They want to convert the whole world towards Islam.  It is a war between ideologies: fundamentalists against liberal, secular forces.  This didn’t stop, it is still going on.  We must encounter fundamentalist ideology with liberal understanding, empathy and love in order to win them over.  Weapons will not do.  We need a liberal, secular democratic setup.  We need a wholesome sustainable development that is all-inclusive. 

Many Kashmiri Pandits returned to the Valley.  Among the Muslim population, there is a change of mind.  They rediscover the Kashmiri Pandits and welcome them.  Special housing has been built for them but they prefer to rent accommodation from the local people.  These are positive signs: we have to move forward.

The three interlocutors are still working hard but what are they going to do?  The people who meet them can tell them anything.  This is not necessarily the real picture.  Many of them are not telling exactly what they mean.  They are manipulating the interlocutors.  We expect they will make a report for the Prime Minister and that will be it.

The present Government is not too bad but they could do better.  We must give them time.  A rotation of Chief Minister shouldn’t happen.  We had it already before and it was a bad experience.  After almost three years, Omar Abdullah got settled and he is more experienced now but it is too short a time to realise things properly.  People are not that happy: he is not visible and not that effective enough although we realise that he went through difficult times.  Now the situation is tilting towards normalcy: the change can be smelled.

l. MEETING WITH ENGINEER HILAL AHMAD WAR, CHAIRMAN J&K PEOPLE’S POLITICAL PARTY, IN SRINAGAR

There are three main aspects at the Kashmir-issue: human, economic and political.  The human aspect must be given priority.  Therefore, we proposed already years back to open the LoC for free movement of Kashmiris: let there be interaction among the common man.  It is their problem, not of India or Pakistan.  India and Pakistan took over our proposal and started a cross LoC bus service although only for Kashmiris having relatives on the other side. 

Kashmir is the root cause of tensions between India and Pakistan and the world as a whole is been taken hostage of the Kashmir and the Palestinian issue.  India and Pakistan must solve this problem but the question is: who will facilitate, mediate, negotiate?  The European Union has a major role to play but unfortunate, representatives of the European Union only go to selected/imposed leaders of separatist organisations, in fact APHC members, as if they are the only true representatives of the Kashmiris.  They don’t get the real picture, as there are so many other organisations: they don’t meet them. 

The so-called leaders have no right to decide. The final decision lies with the common man, whatever the solution will be.  India, Pakistan and Kashmiris can come with proposals but a majority must endorse the final decision.  A true right of self-determination must be granted by a fair, free and transparent referendum.  APHC has no right to decide, they are not the sole representatives.  In addition, mainstream political parties have the right to speak, they too have a role to play.  The Kashmir-issue needs wisdom and brains, not the gun.  I don’t want mob hysteria, propaganda, manipulation.  Indigenous people must be ambassadors of peace.

UN must give our right according to the UN charter.  We don’t need special resolutions.  The UN charter gives us the basic right to decide our future.  Why doesn’t UN apply to its own charter?  We will not accept any hegemony.  Each and every common man in all parts of J&K. will decide the political future of the people of J&K within the 1947 borders.

m. MEETING WITH MR. GHULAM HASSAN MIR, MINISTER OF AGRICULTURE J&K STATE, CHAIRMAN J&K DEMOCRATIC PARTY NATIONALIST, IN SRINAGAR

The use of violence and stone pelting was an aberration.  People want prosperity, education, good life, security.  Politics of common masses are economic oriented and if we change economic, social conditions, violence will be reduced automatically.

This year panchayat elections were held and participation was around 80%.  Everyone participated: old, young, experienced, labourers, business men, qualified youth, etc.  Youth wanted empowerment.  Through the panchayat system, they have been empowered.  Now it is in their hands.  The next step in the democratic process will be the municipal elections.  They will be held soon and I am sure they will be as successful as the two previous elections.

Because of militancy during the past 20 years, the administration was not that alert which has affected the delivery system at grass root level.  It must be the effort of the Government to empower the panchayat institution so that on the grass root level the delivery system is improved and so that good governance, which has become a casualty so far, can become a reality.  Furthermore, I believe now time has come that political parties have to come out openly and to tell the people that to develop our state as a model state in the whole of our country is our responsibility.  We have to tell our youth to come forward to play a positive role in the development of the State.  They should not adapt the way that leads to graveyards. Instead, they have a bright future ahead and they have to work for that.  Political parties, whether mainstream or separatists, have to realise this is a turning point in the history of J&K and at this stage we have all to join hands and to determine how our State makes a movement forward so that we become a model state in terms of progress, development and human resources development.  So, this is a crucial time.  Political parties have to re-strategise and realise that violence has brought only death and destruction.  We have to give up this and adapt the way of reconciliation for the purpose of development and progress.

In Pakistan, the conditions are not conducive.  There is fundamentalism and it is a place where fundamentalism flourishes.  J&K is a state where is no scope for fundamentalism.  This is an inclusive society.  It accommodates all regions, all colours, all creeds, all religions.  Militants came to destroy this fabric of our society but during the recent elections, when a Hindu woman defeated a Muslim woman in a Muslim dominated area, proves that even if the fundamentalists tried to demolish the fabric of our society they failed completely.

n. MEETING WITH BHAWANI BASHIR YASIR, FORMER SECRETARY GENERAL JKLF-AMANULLAH KHAN IN J&K STATE.  FOUNDER/DIRECTOR OF THE ENSEMBLE KASHMIR THEATRE AKADEMI, IN SRINAGAR

Bhawani Bashir Yasir is a prominent professional theatre director, playwright and theatre activist of Kashmir.  He is an alumni of the National School of Drama, New Delhi.  Presently he is heading the Ensemble Kashmir Theatre Akademi (EKTA), School of Drama and repertory in Srinagar.  He is the only professional theatre activist based in Srinagar and engaged with the institutionalisation of theatre in a conflict zone like Kashmir.  Really an uphill task.

As more often than not, I have been saying that a nation without theatre is a dead nation.  It is not just a statement of mental luxury but a hard fact that theatre has been a prime institution in preserving not only the cultural ethos and heritage of a nation but plays a healthy and key role in shaping and reflecting the mental state of a nation as well.  The contemporary theatre of a nation speaks not just what do they eat and wear but what they think about, thus specifically the contemporary theatre is art of reading and redefining mind of the nation.  It is why every developed and the developing nation has endorsed and recognised theatre as an important institution in nation building, to be protected and promoted. 

The theatre of Kashmir, for obvious reasons, has suffered a great setback the last 20 years.  It has created a big generation gap in terms of transfer of the traditions of our rich cultural heritage, which I feel, in future, is going to create cultural chaos, in general, and creative barrenness, in particular as long as the question of legacy of our theatre is concerned.  The most agonising part of this black-era is that we have lost a great treasure of theatre-documentation due to the mass exodus of Kashmiri Pandits, especially in light of this hard fact that the State Information Department has never ever documented any theatre festival or the ongoing theatre movement of Kashmir which speaks volumes about the sensibility of our State vis-à-vis the theatre, in particular. 

Taking cognizance of the uncongenial circumstances of this state, the Government seemed mentally bankrupt and physically crippled to patronise a concerted cultural movement.  This may not be my concern alone but concern of every Kashmiri cultural activist, especially the theatre art lovers at large.  To explore the richness of one’s cultural heritage and performing arts, there is a need to bring all seriously responsible, sensible and sensitive minds at one stage to interact with each other and exchange ideas, experiences and expressions.  It is my firm belief that unless we share our expertise, experience, knowledge and wisdom with the next generation, we cannot help to preserve and protect our theatre heritage and tradition.  Since theatre is a collective act of performing art, we have to address it collectively as much as individually. 

o. MEETING WITH MR. BILAL LONE, CHAIRMAN J&K PEOPLE’S CONFERENCE AND MEMBER EXECUTIVE COUNCIL APHC-M, IN SRINAGAR

The situation is peaceful now and we must try to capitalise on that.  We shouldn’t think that this is the end.  We only can find a solution in good times.  We are not against good times but people must not think that the issue is resolved.  It is all right thinking that Kashmir should be happy but we must remain cautious and vigilant.  Instinct lies in our hearts and that has to be addressed.  We must move forward and never should forget that the basic issue must be addressed.  We must be serious.  It is an unfinished agenda and until this is removed, the situation remains dangerous.  If there is a boost, we can move forward.  People are not in favour for remaining with India or for joining Pakistan but they realise that Pakistan must be involved in the negotiations.  Without Pakistan, there can’t be a final, stable solution. 

Everyone is happy because there is peace, but Delhi shouldn’t fall asleep.  The three interlocutors are a useless exercise.  The polity of India is wrong.  They know since long what we want.  We met and spoke to so many national politicians.  Now time has come to come forward with proposals.  We, the separatist leaders, are not perfect and sometimes we messed up the things.  Nevertheless, we want to move forward.

We are not interested in the Organisation of Islamic Conference.  They can’t do anything for us.  It is a toothless tiger.  Kashmiris know best what the best is for them.  We don’t care about demilitarisation or removing the bunkers, or whatever smaller demands.  The main issue is the resolution process.  What is the use having demilitarisation and not a final resolution.  We must first find a final resolution, then we can table the small aspects.  Now, all these unnecessary additional claims are only confusing the issue.  They will be solved automatically if there is a final solution.

APHC-M and APHC-G have a different agenda making unification difficult if not excluded.  The best thing we can do is not fight each other.  We must all strive for the bigger goal, not fight each other, as this is only waste of time and energy.  Those who think that APHC-G is the best choice, they should join him.  The same goes for APHC-M.

The average Kashmiri doesn’t benefit from the policy of Omar Abdullah’s Government: the poor are getting poorer, the rich richer.  Corruption is going up.  It is at the highest level ever.  Without bribing, nothing will move.  There is a ‘pricelist’ mentioning how much must be given as a bribe for each permission or administrative step.  It is so deep-rooted and it looks that every bureaucrat or police officer is trying to get the maximum out of it.  The common Kashmiri is the main sufferer.  All this is done by Kashmiris against their own people.  The Kashmiris who are supposed to serve their people are doing nothing, they are just milking their own people.

p. MEETING WITH PROF. ABDUL GHANI BHATT, CHAIRMAN MUSLIM CONFERENCE, MEMBER AND FORMER CHAIRMAN EXECUTIVE COUNCIL APHC-M, IN SRINAGAR

The Kashmir situation is as complex as it is simple and as simple as it is complex.  To understand the dynamics of the situation we should be able to hear the beat of the heart of the people of Kashmir and interpret the beat properly.  If you do this, you perhaps will agree with me that Kashmiris never ever will accept political hegemony in any form.  The most intriguing dynamic of the situation is as upsetting as it is dangerous which is that Kashmiris follow a method, use a strategy which the observers misunderstand as improvement of the situation.  I don’t think there is any fundamental improvement in the situation, there is no peace.  I accept, there is no gun roar but any peace rules.  We want peace at heart and peace at home.  The peace we talk about now is not sustainable.  Peace will return only in one case which is that all sensible people put heads together and work out an acceptable and honourable solution for the Kashmir-issue.  The solution must be for the entire J&K State within the 1947 borders, thus including Azad Kashmir and Gilgit-Baltistan.

Whatever happened yesterday, happened.  We don’t want to relive yesterday.  We choice to build a brighter tomorrow, but no brighter tomorrow can be built along with a conflict that has consumed thousands of people.  We will have to recognise that no army can win a war against the memories of collective discontent.  It is the people we will have to listen to.  The people in Kashmir want peace, no doubt, about it and they understand that no peace can come unless the dispute/conflict is addressed and resolved. 

The question is how to address the problem as there are different approaches: first of all the UN resolutions and if they are not implemented we should move to the next step such as the Dixon plan or General Parvez Musharrafs’ four points proposal or trifurcation or declare Kashmir as a free, neutral economic zone, etc.

All these proposals should be taken up and the details should be discussed.  Whatever is decided, we must keep in mind that the dispute has to go in any case.  If we really are interested in peace we must take into account that India and Pakistan have gone nuclear, both and that India and Pakistan are neck deep involved in Kashmir, both.  The Kashmir dispute constitutes therefore a flashpoint.  Anything can happen.  India and Pakistan fought already four wars, all of them on Kashmir.  If another war happens, the confrontation can take a serious turn by using nuclear weapons.   Therefore, the future of South Asia as a whole is in danger. 

Peace in Kashmir is linked with the peaceful future in South Asia.  There are two most powerful countries in the world: USA and China.  Both are deeply involved in this region.  The involvement is conflicting: both have their own strategy and interests. This is extremely likely to produce a crisis in the region.  To ward off such an eventuality, Kashmir has to be resolved.  Indo-Pakistan friendship is rooted in the solution of the Kashmir dispute.  Therefore, also, the leadership in Delhi and in Islamabad must rise to the occasion to address the conflict and hear the beat of the heart, read the writing on the wall, and become friends.  They can’t wait any longer, as time is running short: time and tide wait for none.

q. MEETING WITH MR. SHAKEEL QALANDAR, IMMEDIATE PAST PRESIDENT FEDERATION CHAMBER OF INDUSTRIES, IN SRINAGAR

I think this year is comparatively peaceful.  All separatist groups supported the influx of tourists and yatris and assured them security and assistance.  Everyone was tuning in one voice and this makes the tourist season a success as it was in the past.  As a result, there is shortage of infrastructure and accommodation space all over.  Tented accommodation for yatris has been set up.  Tourist hotels and houseboats are full booked.  This is a good sign: if the tourist sector goes up, other linked sectors are also going up.  In addition, the situation of trade and commerce is satisfactory.

At the same time, Kashmir remains fundamentally a political problem and needs to be resolved through a sustained and meaningful dialogue between India and Pakistan.  In this regard, the international community must play its role in reducing tension between them in the interest of bringing peace in the entire Southeastern region.  First and foremost, important issue is to motivate both countries for sitting across the table to discuss bilateral issues, including J&K.  Regarding J&K, they must think beyond their official stand in case both are serious of bringing peace.  Time has changed and under the present situation across the globe, we have to think in terms of making borders irrelevant and taking mutual benefits of the resources available in each country and region.  Standards of cooperation between India and Pakistan need to be redressed and restructured.  Trade and commerce can play a wonderful role in diffusing tensions in this sub-continent. 

Cross LoC trade started in 2008.  Now, two crossing points are open.  They are part of the CBM that were installed.  Unfortunately the impediments of this trade existing at the time of inception continue.  No serious efforts have been made to remove them till date.  On the contrary, many more hurdles have been added against the smooth conduct of this trade.  We don’t know whom to blame for this.  We are on the Indian side of the LoC and can blame only the Indian authorities.  This trade has the potential to reduce tension in the two parts of divided J&K as well as the two countries.  It needs to be supported by all and enhanced beyond a limited number of tradable items.  We can also look forward making trade of goods and products and have mutual understanding and benefits from socio-economic sectors like health and education.  There are possibilities of undertaking hydel-power generation projects in joint venture, apart from having such joint ventures in mineral exploitations and other resources. 

Omar Abdullah has a lot of pressure on the account of governance and security situation.  People expect a lot of him to deliver on account of both these vital areas.  He needs to take some drastic steps in gearing up the administration for satisfactory service delivery, besides making police and other forces accountable for any human rights violation.  Time has come when all draconian laws need to be entirely lifted or fundamentally modified in order to remove the perception of J&K State being a police state.

r. MEETING WITH MR. SHABIR AHMED SHAH, CHAIRMAN J&K PEOPLES DEMOCRATIC PARTY, IN SRINAGAR

After being released six months back, I was put sixty-two days (out of which twenty-five Fridays) under house arrest.  I was not allowed to have prayers with common people.  I have no right to organise public meetings, even not non-political meetings like funerals and religious meetings.  This is immoral behaviour of the police: no freedom of movement, no freedom of speech.  That is democratic, secular India. 

Last year 119 innocent students got killed.  The only reason was that they raised slogans for azadi (= freedom).  So many others were injured and so many are still suffering.  I visited all the families who lost a child or who suffered injuries.  In hundreds students are arrested and taken to Jammu jail.  They are not used to the heat there, legal help is not provided.  Under aged minors are in custody. 

Tourists and yatris are coming in thousands.  It is our own decision that they should come.  Even last year, during the agitation, they were coming.  I welcomed them and met many yatris and tourists.  I travelled throughout the Valley advocating safety and human brotherhood.  That is the policy of Kashmiris.  We are not against religious harmony.  But even then, the Kashmir-issue is still alive.  Our birthright has not been granted.  There can be a lull in violence but unless the issue is solved, there can’t be real peace.  Political uncertainty remains: the heart is not in peace.  India got freedom from British colonial oppression.  We Kashmiris want freedom from Indian oppression.  The dispute is between India, Pakistan and the Kashmiris.  The dialogue must be result oriented and meaningful through trilateral talks.

I tried very hard to bring about unification between APHC-M and APHC-G.  If APHC comes with one voice, this can ease the negotiations, but the Government of India wants to prevent this.  In 2008, we managed to come to an agreement with APHC-G.  Then we came with one voice but we could not go ahead because of my arrest.  Now, the agreement is nowhere anymore.  My firm believe is still that we only can go ahead with one voice.  Others can have other ideas, but it is my dream to continue to try till my dream is fulfilled with like-minded.  Invisible hands, agencies do everything to prevent unification of the two APHC factions. 

As a person, the three interlocutors are nice people but I said categorically and highlighted this through media that they are just there for delaying tactics and to gain time.  Our case has been pleaded more than enough and now we decided not to meet them: it is an exercise in futility. 

s. MEETING WITH MR. AZAM INQUILABI, PATRON MAHAZ-E-AZADI, IN SRINAGAR

All the global human rights activists are worried about the deteriorating human rights situation of the World.  Basically, it is the unilateralism of the western powers which has created power imbalance all over the globe.  The overbearing and domineering attitude of the western powers does not allow the peaceful settlement of global political issues like Kashmir, Palestine, Afghanistan and now Libya.  So, human rights abuse and violations is an indispensable part of the ramifications and repercussions of the western onslaught. 

Kashmir continues to suffer because of the intransigence, stubbornness and obduracy of India.  Kashmiris are, however, determined to struggle for the objective of the right to self-determination in a peaceful way.  India and Pakistan, as nuclear powers of South Asia, should take Kashmiris into confidence for a peaceful settlement of the Kashmir-issue.

Kashmiris are accountable to six lakh martyrs who are lying buried in five hundred cemeteries of Kashmir.  India and Pakistan should stop juggling and tinkering with the Kashmir-issue.  They should refrain from the politics of polemics, recrimination, prevarication and shenanigans.  It is time for the Asian democracies to guarantee peace in South Asia through honourable and peaceful settlement of the Kashmir-issue. 

Kashmiris feel wary of the so-called democracy of India which allows repression and oppression in Kashmir with impunity and immunity.  Asian nations can play an important role in the restoration of global power equilibrium. 

Russia, China, Iran, Pakistan, Saudi Arabia, Turkey and other Asian nations are these days engaged in a serious effort to persuade western powers to decolonise and demilitarise Asian and African continents.  Western powers should adopt humanistic approach to woo the wounded people of war-ravaged countries.  They should empower the suppressed people of Kashmir, Palestine, Afghanistan, Iraq.  They should not meddle with the domestic politics of Libya and other countries.  This is the way to contain and thwart the trends of violent ultraism and ensure global peace.

t. MEETING WITH NAWAN TSERING, PRESIDENT, AND TSERING SAMFAIL, GENERAL SECRETARY, KARGIL BUDDHIST ASSOCIATION, IN KARGIL

I met these two representatives of the Buddhist community of Kargil for the first time.  They handed over a memorandum and requested me to publish it in this report in order to highlight the problems Buddhists, as a minority community, have to face in the Shia Muslim majority community of Kargil District.  The memorandum goes as follows:

On behalf of the Buddhist community of Kargil, we welcome you and are deeply grateful for the opportunity extended to us to express our views.  Before placing the views and aspirations of the Buddhist community, we would like to explain certain facts which the Buddhist community of Kargil is confronted with since long:

-   The Buddhist population of Kargil is around 18% of the population of the whole District scattered in seven blocks.  The mostly Buddhist populated villages are: Wakha, Mulbek, Shargol, Phu-khar, Sapi, Haniskot, Bodhkharbu, Kuksha, Mundik, Darchigs, Garkon, Sapi, Rangdom and Zanskar sub-division of the District.

-   Free and fair representation of the Buddhist community have been manipulated to the benefit of the majority community in the social and political arena thereby resulting in suppression of free and fair representation, expression and gratification of fundamental rights.

-   Despite having a minority status in the state, we as Buddhists do not have any reservation quota whatsoever in any respect in the state as other states have proper reservation for minorities.  Ex service men from the army are also treated as second-class citizens in Kargil.  They also have no reservation quota or allotment of lands for construction purpose.  Furthermore, the Buddhist community is treated as untouchables, which affects the economy and other aspects of life of this minority community in Kargil District.

-   On one hand, Buddhists are thinly populated in small hamlets in Kargil District whereas hardly one or two employees are engaged in the various government departments, which can have serious psychological effects in the near future, particularly on the female population due to poor socio-economic conditions, lack of education and exposure leading to their exploitation and conversion.

-   Since independence, our community has been discriminated in the construction of Gonpas (= Buddhist temple), sarais (= residential quarters), cremation grounds and even allotment of state land at HQ Kargil District.  Whenever any communal clashes take place anywhere in the region/state/Centre, our community becomes their target.  Many of the shops/houses have been looted/destroyed by the majority openly: no compensation has been provided or granted to the affected people.  Whereas on the other hand, in Leh District the affected Muslim minority community received compensation and this in the same region of the same state of the same country.  We approached the concerned authorities but nothing has been done so far. 

-   Now, the majority started to capture and interfere in the rituals, customs and our religious system.  They started to raise objection to the celebration of religious ceremonies, hoisting of religious flags and cutting holy trees from our religious places. 

-   Teaching of Bhoti language in government schools is neglected.  At present, out of five high schools and more than a dozen of middle schools, hardly three to five Bhoti teachers are engaged and remaining posts are lying vacant since the last six years.

-   Till date, more than hundred boys and girls, including some mothers, have been converted to Islam by hook and crock.  This is the pre-planned programme of the Muslim majority to sweep the Buddhist community from this District.  The Buddhist community has staged a peaceful dharna at Mulbek for two years.  Neither the local authorities nor the state is taking action against the culprits.

-   Proper attention has not been provided during the delimitation of the constituencies under LAHDC-K for the Buddhist representation in the council.  The only hope for our representation is through the nomination of minority representatives, but since the last three years, the post of nomination has not been fulfilled.  This affects the system of funding and the representation of our community for developmental and other aspects.

-   We have monuments like Phukar Urgian Rzong, the world famous rock carving sacred pilgrimage site of the Tibetan Vajrayana founder Urgain Guru Padma Sambhava consisting of dozens of caves were the high-ranking Buddhist saints meditated.  There is the rock carved famous statue of Maitreya Buddha at Mulbek, Kartse, Tumail and Drass.  There are the historical Gonpas of Nima Lhakhang, Serdung, Sgaldan of Mulbek and rock carved Gonpa of Shargole and Wakha.  Other Gonpas of Sapi, Kukshow, Mundik, Bodhkharbu, Darstik, Garkon and Gargardho Batilik are situated on isolated places.  It became common to steal the important statues from these Gonpas.

Keeping all these facts in view, we humbly request to put forward the genuine aspirations of the Buddhist community of Kargil to the concerned authorities of the state and Centre to pay attention on the following issues:

- Allotment of land for the construction of a Gonpa and a sarai for residential and commercial purpose at the HQ Kargil District.

- Allotment of land for a cremation ground at HQ Kargil District.

- Minority Property Safety Act Bill to be passed in J&K State to ensure the future of the minority community.

- Creation of posts for Bhoti teachers in the Buddhist populated government schools.

- Anti Conversion law to be implemented in J&K State to preserve the minority community.

- Girl Higher Secondary Schools in the Buddhist populated areas of Mulbek and Bodhkharbu.

- Funds for preservation, renovation and promotion of Buddhist monuments and cultural forums as both J&K State Government and the Centre have neglected them.

u. MEETING WITH NASIR HUSSAIN MUNSHI, COUNCILLOR LAHDC-K, FORMER DEPUTY CHIEF EXECUTIVE COUNCILLOR AND EXECUTIVE COUNCILLOR FOR WORKS AND POWER, IN KARGIL

U.S.officials have called South Asia the most dangerous place on earth.  President Bill Clinton voiced this view prior to his visit to South Asia in March 2000, almost two years after the Indian and Pakistani nuclear tests in May 1998.  On 11 October 2001, Deputy Secretary of State Richard Armitage told reporters again that Kashmir "is the most dangerous place in the world"

Kashmir’s centrality in providing long lasting stability to the Indian sub-continent especially after the spate of nuclear testing by India and Pakistan became starkly apparent internationally. Instantly, an issue that had been occupying the political imagination of Indian and Pakistani politicians and citizenry became a global concern of utmost importance, evident from Richard Armitage’s observation that I started out this discussion with.  Most importantly, in the aftermath of 9/11, Kashmir assumed an increasing reputation of being the single most dispute that could lead to a nuclear disaster in the 21^st century.  This explains, in part, the concerted steps that the US took in subsequent years in conjunction with the Governments of India and Pakistan to give Kashmir some semblance of peace and stability.  While I intend to highlight some of the significant steps that the Government and the civil-society have taken in the last couple of years (especially in reference to Ladakh), I also, however, want to emphasize that the Kashmir imbroglio must be looked at from a multifaceted perspective rather than reducing it to one “place” or one “people”.

I want to argue that despite the rhetoric of solving the “Kashmir” imbroglio, the geographic and political realities of Kashmir are often effaced.  Kashmir is not a monolithic spatial entity. Ladakh, Jammu, and the severed parts of Kashmir in Pakistan are also its components and communities living in these areas share their aspirations of a peaceful and a respectable existence with their counterparts in Indian Kashmir.  The ethnic and religious diversity in the state of Jammu and Kashmir, which is divided into three regions, has contributed to the complexity of the Kashmir-issue.  The majority of Jammu and Kashmir's population is resident in the Kashmir Valley.  Their religion is 98 percent Islam with distinct Sufi characteristics.  Jammu Division, on the other hand, has a majority population of Hindus (60 percent) and 30 percent Muslims, where the latter represent a majority in Poonch, Doda and Rajouri Districts of Jammu Division.  The languages are variations of Punjabi and are different from Kashmiri, a language that is primarily spoken in the valley.  The third component, the largest of the three in area is Ladakh, where Muslims and Buddhists live.  A large majority of Muslims in Ladakh belongs to the Shia sect and is therefore different from the overall Sunni majority in the Kashmir Valley.

These statistics on the differential composition of populations in J&K that I am alerting is not meant to negate the possibilities of a peaceful co-existence in the region.  I am not reinforcing the argument that since the population is so diverse, it is therefore impossible to resolve the vexed issue that is staring the world squarely in its face. I do not intend to therefore hit a cul-de-sac, reinforce the status quo, something that the moderators on Kashmir are trying hard to overcome.  However, it is significant to take stock of the politicization of religious and ethnic identities in the state in order to ensure a long lasting and a sustainable resolution to the existing morass.

Moreover, political economic realities in the entire state lend it commonalities that no race, religion, or ethnicity can contest. Ladakh has witnessed its share of agonies and conflicts bore the brunt of ugly wars, which makes it dated to think of any further separation of the state based on race, religion or region and language.  It is the ugliness of disasters, natural or man-made, that makes the merits of peaceful living apparent to humanity, something that happened recently as the world came together to assist the victims of the devastating earthquake in Pakistan.  Do we have to wait for such disasters, however, to achieve what humanist endeavours should constantly try to achieve?  Despite this, however, the peace process means different things to different people and therefore taking stock of the multiple realities and identities, as they exist today, is indispensable for achieving sustainable peace.  Efforts have been made in the last couple of years to ensure that Kashmir does not continue to remain the most dangerous place on earth and make it possible for its beauty and humanity to endure.

In recent years, the state of Jammu and Kashmir has witnessed many a change at the home front, some of them of great magnitude that would change the face of Indo-Pak relations as well as the perception of geo-politics in the Indian Sub continent.  The greater participation of civil-society initiatives in India, for instance, have been central in demystifying the peace process by revealing the “hollow core of the peace process” that lacks legitimate people’s participation.  In a recent activities of the Government by carrying confidence building conference, organizing round table conferences, framing working groups on different issues appointing interlocutors to suggest measures for peace and reconciliation and was attended by representatives from diverse communities in Kashmir, certain recommendations proposed by the participants reflect the pragmatic approach that communities are forcing the Governments to take.  Rather than understand the peace process happening from a top-down perspective and limited to hard core “political” and “territorial” resolutions, the participants understood the significance of humanitarian resolutions in creating a conducive space for years of alienation and mistrust that have become interwoven in the everyday lives of communities both in India and Pakistan.

Therefore, measures such as the opening of the Kargil-Skardu, Turtuk-Khapulu and Jammu-Mirpur roads were proposed. People in Gilgit and Baltistan, in the meantime, it was proposed must be provided access to the Srinagar-Muzzafarabad bus service that can possibly reunite 6-7000 families across the border.  It seems bizarre that in an ever-shrinking world, families across the border cannot even call each other to say a hello.  Therefore, one of the resolutions proposed was to allow telephone links from Indian Kashmir so that people can talk in an uninhibited way, one of the basis premises of a healthy democracy.  Most importantly, rather than communalize the opening of the roads by restricting travel to Muslims alone, Hindus and Sikhs and other religious minorities should also be allowed to traverse the border.

Adding to this list of proposed resolutions, the then Chairman of Ladakh Autonomous Hill Development Council-Kargil Haji Asgar Ali Karbalaie underscored the significance of the opening of roads for communities ravaged by decades of insurgency, economic deprivation, and social disharmony.  It further put together the statement in the different confidence building conferences on Kashmir at different platforms acknowledging and calling for extending the peace initiatives taken by the Governments and civil societies of India and Pakistan, Jammu & Kashmir and Gilgit, Baltistan.  More importantly, Mr. Karbalaie emphasized the “economics” of the peace process by reflecting on what the porous border would entail and look like on the ground.  In addition the reunification of divided families across the border, the opening up of roads, it was proposed, would provide limitless opportunities for highland safaris, adventure, peace, pilgrimages, cultural exchanges and trade and development.  From Kathmandu to Delhi to Srinagar to Kargil to Baltistan to Gilgit to Hunza, Taxila, Lhasa, a whole new world of mountain tourism is to ready to unfold for South Asia and the world which will definitely boost the economy of the region, one of the basic impediments to sustainable peace.  Therefore, the recommendations of the LAHDC removed the myopic vision of the peace process by addressing concerns and expressions that might have seemed Kashmir centric and by allowing alternative ways of envisioning peace and stability.  And most importantly, peace was understood from the “bottoms up” perspective so that rather than talking about territoriality per se, economic and social opportunities were also considered central in ensuring that the peace process that has been initiated in the last few years does not lose its pace and momentum.  While the Kashmir-issue has always been the core political problem, an issue of territorial hubris between India and Pakistan, this is an opportune time for the countries to find alternative ways of envisioning their existence.  Here, I would take the opportunity to congratulate the Governments of India and Pakistan and all those who have continuously been striving for peace for the relentless vigour and good intentionality that they have demonstrated in recent years, a process that in itself is unique and worth commemorating.  While this “good intention” is not completely divorced from the geopolitical realities of the world we are living in, we have the opportunity to cull the best from it in order to restore peace, dignity and economic prosperity to communities living in India and Pakistan.  The peace talks initiated by both Governments to resolve the Kashmir-issue should therefore be encouraged unconditionally and continued unabated.  This picture is rosy but with impediments however.  Recently, despite the initiative of demilitarizing the region, which would have not only “won the hearts and minds” of people living in the region, but also allowed financial diversions of resources to community building, the initiative failed.  The Government did not agree to demilitarize the region.  While wars might be fought among militaries, it is people, especially those living on the borders who bear the brunt of it.

People in Gilgit Baltistan and Ladakh especially have nothing more to prove.  They are the ones who have fought and experienced the major wars between Pakistan and India, in 1948, 1965, 1971 and 1999.  They have delivered on the Siachen Glacier, and guess who had the high altitude skills and stamina to pick a fight on the Kargil heights.  Moreover, militarization is an impediment to peace in more ways than one.  The heavy military presence in Gilgit-Baltistan is cited as one reason for not opening the Kargil-Skardu road.  While the Governments can harp on several excuses, it is apparent that when China and India could mutually work on the expansion of a highway from Tibet to Ladakh, why the Governments of India and Pakistan can’t follow suit.  Moreover, even if you look at hard statistics, infiltration has not happened in this part of the subcontinent during the last six decades making militarization not only a wasteful expenditure but also equally meaningless.  Of course, this is not to claim that no infiltration happened in 1999.  However, under a military dictatorship in Pakistan, it is extremely hard for the civil-society to be robust.  Therefore, it is all the more imperative that Kashmir-issue be treated in a more holistic way so that different groups in Pakistan also be given a voice in the future of the region.  One way of doing this is by encouraging people-to-people contact from India and Pakistan so that they can join hands to live the way they aspire and deserve to.  The Skardu-Kargil road is an indigenous demand from both sides of the LoC and militarization therefore that as I emphasized before is both wasteful and meaningless should not pose an impediment to this demand.

Therefore, rather than treating Ladakh and Gilgit as isolated issues with no political consequence for the Kashmir imbroglio, it is my contention that these seemingly small steps are in fact substantive steps that we can all take together in ensuring a future of peace and prosperity for the entire subcontinent as well as the world.  Every intra-Kashmir dialogue during the last seven years has been unanimous in seeking opening of all traditional routes including Skardu-Kargil.  As already mentioned, this road is bound to provide limitless opportunities for trade and tourism as well as foreign exchange earnings, but in essence, it is a basic humanitarian issue.  Peace too is a human right and should be treated as such.  Therefore, in order to decide what peace needs to look like and how it should be achieved democratically should be the focus of our proceedings.  Rather than take peace as a given, let us take substantial steps to define, describe, and locate it.

Concluding, I would like to take the case of Habiba Khatoon of Kargil that I read in a recent article on Kashmir.  Habiba had been married for four years, with two children, when partition took place.  Her husband got stranded in Kharmang Skardu.  After years, realizing that he might never be able to make it back; her husband proposed a divorce but Habiba did not allow it. Instead, she had a window built in her house opening towards the road to Skardu.  For decades, she spent her daylight hours waiting for the day her husband would come up the road.  Her hopes unfulfilled, Habiba passed away six years back.  She might be gone, but there are many more wives, husbands and siblings awaiting reunification.  They expect Delhi and Islamabad not to hold them hostage to the dictates of their misperceptions.

Territorial and cadastral politics has taken its toll. We should now strive to make peace an everyday pursuit but only after understanding its multiple meanings and implications for myriad people.

v. MEETING WITH GHULAM RAZA, FORMER MLA, PRESIDENT DISTRICT CONGRESS COMMITTEE, IN KARGIL

The councillors of the LAHDC-K are elected to work for the people not because of religious aspects.  Ladakh is a remote area and in this area, Kargil is even more remote than Leh.  The Hill Council was installed in 2002.  The elected councillors must work from the grass root level, that is their main mission.  Congress Party wants to elevate Kargil to the standard of Leh.  Now there is injustice to Kargil as compared to Leh.  Therefore, the leaders of Kargil must work much more in all sectors: education, health, public work.  It is the duty of all the councillors of the Hill Council to be dedicated to this job, whatever party they belong to.  We have our own problems in Kargil and we have to work hard to solve them.

The Hill Council is elected every five years: twenty-six direct elected seats and four nominated seats by the State Government.  Three years passed already and the nominated seats have not been distributed yet.  In the Hill Council, there should be the same coalition as in the State Government.  This should thus be NC and Congress but in Kargil, this is not the case: there is a coalition between NC and Islamiya School.  Due to this, the nominated seats have not been attributed because the State Government doesn’t want to attribute two seats to Congress.

We welcome bilateral talks between India and Pakistan.  The opening of the Skardu-Kargil road would be an important CBM.  People are enthusiastic, with a positive response on both sides.  We are not in favour of separation from India.  We are a part of India.  We want J&K State united which will bring progress for everyone.  We are a secular, democratic state and don’t want separation on the basis of religion.

We are cut off from the rest of the world during six months in wintertime.  For the Kashmiris ‘azaadi’ is the main issue.  For us people of Kargil the main issues are a tunnel under the Zojila and the extension of the airport from two to three km.  If this is realised we will remain connected the whole year with the rest of the world. 

In Kargil District, people of Congress are not happy with NC because they are discriminating areas with a Congress councillor when it comes to the allocation of funds or attribution of jobs thus violating all guidelines and norms.  Corruption reached the top.  Nobody controls the flow of money.  Contracts for purchasing government material, for constructing roads or buildings are given to their well-wishers only and to those who are funding them.

w. MEETING WITH MR. THUPSTAN CHHEWANG, MEMBER BJP NATIONAL EXECUTIVE COMMITTEE, FORMER MEMBER LOK SABHA, FORMER CHAIRMAN AND CHIEF EXECUTIVE COUNCILLOR LAHDC-L, IN LEH

BJP is the only Indian national political party fully and unconditionally supporting our demand for Union Territory status.  BJP brought a resolution in this regard in the Raja Sabha.  As a result I joined BJP and now LUTF is still there as an a-political platform.  BJP will organise meetings all over India in support of our demand.

We, with BJP, obtained four seats in the LAHDC-L in the October 2010.  The natural disaster in August 2010 had a huge impact on the result of the elections.  The Centre sent massive assistance and Congress took advantage out of this.  Congress used this situation to further their political interests.  Although Tsering Dorje, the previous Chief Executive Councillor, had done a tremendous job as leader of the LAHDC-L, all his efforts were flushed away with the unseen cloudburst of August 2010. 

The panchayat elections were organised on a non-political platform but Congress tries to give it a political turn as if it was a victory for Congress.  BJP didn’t spent one rupee and we confirm that it is a non-political setup.  J&K State has not yet adopted the Panchayat Raj Act.  They are not very willing to implement this act fully.  Most of the MLAs are against it, they don’t want to empower people at the grass root level.  The Government should give maximum power to the panchs and sarpanchs as this would mean full autonomy or self-rule for the people.  It would also be a strong message to Pakistan.  However, for selfish reasons, narrow-minded politicians don’t want to empower the people.

The Indo-Pak dialogue must be there but the major problem is terrorism.  Pakistan is the breading place for terrorists: they are training and funding them.  They send them to India for carrying out attacks although it must be said that Pakistan is more suffering as there are more terrorist attacks in Pakistan itself.  Nevertheless, still they are not ready to eradicate them, as they want to use them against India and Kashmir.  As long as this remains, there can’t be progress.  Unless and until there is a strong Government of India negotiations are meaningless although a pro-active dialogue process has to be held.  Eventually, a solution must be found between the two countries.

In Kashmir, everything is peaceful now but there are so many trained terrorists in Pakistan.  Anything can flare up again.  All depends on the orders coming from Pakistan and on the internal situation there.

Chinais also becoming a factor: Gilgit-Baltistan is virtually in Chinese hands.  The Chinese army is present there in huge numbers, disguised as civil labourers.  Also, here along the Chinese-Ladakh border, we witness systematic intrusion from China, slowly and steadily they are advancing and occupying Indian territory.  This is a big problem and concern for the Government of India.

x. MEETING WITH DR. TUNDUP TSEWANG CHOSPA, PRESIDENT LADAKH BUDDHIST ASSOCIATION, IN LEH

I was recently elected as President of Ladakh Buddhist Association.  This is a very challenging function with a big responsibility has we defend the rights and interests of all Buddhists living in Kargil and Leh Districts, the two Districts of Ladakh.  All over Ladakh the number of Muslims and Buddhists is almost equal.  We believe in peaceful co-existence based on humanity, compassion, love and kindness.  Live and let live, is our theory.  We should never create a chance to be criticised for deeds in which we did something harmful to others.  We need more interaction, dialogue and religious tolerance.  We also need a sustained interfaith dialogue. 

We are against the political and separatist leaders from Kashmir.  They divided Ladakh: Kargil, a Muslim majority District and Leh, a Buddhist majority District.  They stirred up emotions, they preached hatred among the various religious communities.  Our identity, culture, ethnicity and language are threatened by the J&K State Muslim majority community.  Therefore, we are demanding Union Territory status with legislature. 

For India, Ladakh is very important because of its strategic location.  Ladakhis remained all the time patriotic be it at war or be it at peace.  Ladakhis want to join hands with the main stream.  We want to be governed directly by New Delhi.  We oppose solutions that weaken our position. 

In Kargil District, some people are against our demand but we are sure they will follow us and be happy once this status in granted.  In the past, they opposed our demand to be recognised as scheduled tribe.  Once Leh obtained this recognition, they realised that it was a positive step.  As a result, Kargil asked for scheduled tribe status.  They also opposed our demand for the LAHDC.  This Council was installed in Leh in 1996 and once again, in Kargil they realised this was a very positive step.  So, Kargil asked for their Hill Council: the first one was elected and installed in 2002 and now they are so happy.

We are against the opening of the Kargil-Skardu road, as this will become an entry point for militants, extremists, fundamentalists and even Taliban.  We are not at all against Kargil or the State Government or CBM, we are only worried about the negative consequences because of the opening of this road.

Omar Abdullah seems to be a positive, good Chief Minister but we never know what the Kashmiris really want: sometimes it is autonomy, then it is self-rule, then it is azadi.  In fact, we are not concerned with them.  It is up to them to find out what they want but we can’t march with them: we have nothing in common with them our future is complete merger with India. 

The economic packages offered by the Centre are of course welcome but they can’t be linked with our demand for Union Territory status.  All political parties in Ladakh support our demand.  In addition, the panchayat elections are welcome.  They will bring more democracy, a more vibrant society with shared and channelized powers.  It will be profitable for development and the economic situation but the Union Territory factor will remain.  We have no faith in the leadership in Kashmir.  Since the very beginning, since 1947, we demand Union Territory status.  They can’t buy us, we can’t compromise on that.

y. MEETING WITH MR. TSERING SAMPHEL, PRESIDENT DISTR CONGRESS COMMITTEE, FORMER MEMBER NATIONAL COMMISSION FOR SCHEDULED TRIBES, FORMER MLA J&K STATE, FORMER PRESIDENT LADAKH BUDDHIST ASSOCIATION, IN LEH

Congress runs the newly elected LAHDC-L since October 2010.  It is a strong, young team headed by Rigzin Spalbar, a very dynamic Chief Executive Councillor.  They did a fantastic job regarding last years’ natural disaster: clearing the fields, cutting damaged trees, building temporary bridges, etc.  All offices and instances made a tremendous effort to get funds.  The Centre and the State took timely decisions to build shelter for wintertime.  The whole nation was with us.  NGOs and religious organisations sent relief.  There was a wonderful solidarity.  Ladakhis are very thankful to the nation and to all who came to rescue them.

As far as Ladakh is concerned, our colleague Nawang Rigzin Jora, Minister of Tourism and Culture, defends our rights in the State Government.  We get our due share because of this dynamic leader.  At the grass root level, 95% of the panchs and sarpanchs are Congress workers or following the Congress ideology.  We got the youngest team Ladakh has ever seen. 

Indo-Pak negotiations are there, but I don’t think any solution will be found.  We must look at the ground reality.  Islamisation is there and Taliban, Al Qaida and the Mujahedeen dictate all.  The first victims were the Kashmiri Pandits who had to flee from Kashmir in 1990.  We, the Ladakhi Buddhists are the next target of these fundamentalists.  Nobody knows their real intentions and their long run strategy against non-Muslims.  In Kargil District, the Muslims who are against Union Territory status oppress Buddhists.

In Leh, there has never been a big conflict between Buddhists and Muslims.  After some tensions in 1998, relations between the two communities became stronger: less conversions, more tolerance, mixed social events, political linkage not on religious basis.  In Leh, there is a secular, tolerant, liberal society.

Pakistanis making good friends with China.  In Gilgit-Baltistan there are many Chinese ‘labourers’ belonging in fact to the Chinese army.  What happens there is very mysterious and the question is what fore all this?  Here, on our border with China, inch-by-inch land of Ladakhis is lost to so called Chinese nomads.  According to an old farmer of that area, since 1962, land in width of three days walking distance (locals express distance not in km but in time needed to cover the distance) has been occupied by China, slowly but steadily, inch by inch.  He didn’t know what the distance in length was.  China pushes nomads with their herds into Indian territory and let them settle there.  The Chinese army follows to consolidate the situation.

We want full integration within the Indian Union.  We want Union Territory status with legislature.  For us, this is the only possible solution.  This is in the interest of the nation and it will give us mental and physical security.  The survival of our unique cultural and ethnic identity is very important.  Our society is unique in the world and we are proud of that.

z. MEETING WITH MR. MOHAMMAD SHAFI LASSU, CONGRESS NOMINATED COUNCILLOR LAHDC-L, WORKING PRESIDENT DISTRICT CONGRESS COMMITTEE, ADVOCATE, IN LEH

Congress has a comfortable majority, twenty-two out of twenty-six seats, in the present Hill Council and is doing good work.  After the natural disaster in August 2010, all mud and debris have been removed.  Rehabilitation has been quick.  Systematic traffic arrangements have been taken: old buildings have been dismantled, parking space has been created.  Immediate action has been taken regarding the low quality of education.  People are been made more responsible: many are happy with these measures although some think already that this is enough as they are used to an easy life. 

Indiaand Pakistan should continue talks whatever aspirations, differences, discrepancies they may have.  Peace is the only way to go.  If there is standstill, bitterness will grow and this only complicates issues.  The recent Mumbai blasts are very unfortunate.  Again, there is fear that talks will come to a halt.  The culprits must be brought to book but one should not blame Indian Mujahedeen (= an extremist Muslim organisation) without having any prove.  This creates confusion and hatred against the Muslim community.  This is a dirty game.

Panchayat elections went on so peaceful.  They were on a non-party basis but it is clear that Congress workers swept everywhere.  Through panchayat rule, the situation will improve.  Development will be monitored starting at village level.  This is very positive provided the Government sanctions funds and rural development schemes.  Extra funds will come from the Centre but on the other hand panchs and sarpanchs must work very hard as they are responsible now.  Dynamic leadership is needed.

Ladakhi Muslims want to be fully integrated within India, their demand is Union Territory status.  They are fully with the mainstream parties.  All Ladakhis are Indian nationalists, they never liked to support the so-called freedom movement.  In the core of their heart, they are Indians, not with the secessionists.  We presented the same views and demands to the three interlocutors.  In our opinion, a solution must be within the framework of the Indian constitution.  We don’t have problems with any solution as long as it is within the Indian constitution.  Kashmiris must realise that J&K can’t be separated from India.  They should start thinking to accept some compromise.

People of Pakistan Occupied Kashmir and especially of Gilgit-Baltistan always say that we, on this side are much better off, much more comfortable.  This is indeed so: in Gilgit-Baltistan there is no rule of law, it is not a nice place to live. 

aa. MEETING WITH MR. RIGZIN SPALBAR, CHAIRMAN AND CHIEF EXECUTIVE COUNCILLOR LAHDC-LEH, IN DELHI

In the LAHDC-L elections of October 2010, we obtained an overwhelming majority: twenty-two out of twenty-six Congress Counsillors were elected.  This was a very encouraging result but we faced a huge responsibility: the natural disaster and the devastating results of the cloudburst of August 2010 were a big challenge.  The support from the Centre and the Sate Government was very good notwithstanding the fact that Ladakh is a far off, isolated place.  The response was tremendous and everything went well: fields had to be cleared from mud, roads had to be reopened, bridges had to be replaced, accommodation had to be erected.  In all this, we succeeded very fast on a temporary basis.  Permanent restoration is now the biggest challenge as a lot of funds are required.  In anticipation of receiving these funds, we started already, as it was on war footing, and we are confident that the funds will be allotted.  The most important was to give accommodation for winter to those who lost their house.  In this we succeeded.  The second priority was to clear the fields from mud and debris.  Also in this we succeeded: 99% of the fields were made cultivable on time.  For the future, we are worried about climate change.  There is no doubt this is taking place: we can see the glaciers melting and shrinking, we have more floods, the average temperature is higher than ever before. 

In the LAHDC-L, we have a good team and we are ready to work for the betterment of the people in our District.  In addition, we have the full support from the Centre but because of the debt we inherited from the previous Hill Council, we must refrain expenditures in other fields. 

LUTF doesn’t exist anymore as a political party as the politicians of this party joined BJP.  They have no vision, they are confused.  In Ladakh, we are all out for Union Territory status but it has to be in the framework of an over all solution for the J&K issue.  We shun from shortsighted policy.  We from Congress are responsible politicians: the final solution will be nothing but short of Union Territory.  In between, we must work for the betterment and development of Ladakh and its population.  We have for example a general master plan that will be in place by 2014.  There is also a project to clear and shape Leh and to tackle development.

Our relations with the State Government are excellent.  We have a competent and dashing minister in the State Government (= Nawang Rigzin Jora, Minister of Tourism and Culture).  Everything that would go against Ladakh will be dashed, opposed by him.  He is the top most politician delivering for Ladakh.  It must also be said that the relations between the different communities in Leh District are excellent.  We make sure that all get their due share.  We promote welfare and good will in Ladakh.  We, here in Leh District, are very happy.  Here is integrity, accountability and transparency everywhere.  We are proud of that.  Our vision for Ladakh is to develop a self-sustaining, balanced society.  A society with a balanced evolution where values are preserved. 

This concludes this paragraph on meetings, visits and interviews.

3. CONCLUSIONS

a. The general feeling is that militancy and the presence of terrorist organisations went down and is under control.  Nevertheless, a hard-core group is still there and if felt necessary ‘new blood’ can be inducted.  There are many trained, brainwashed militants waiting on the other side of the LoC to cross to the Indian side.  Initiative is in their hands.  Only by drying up the source of terrorism in Pakistan, violence will stop in J&K State.  Attacking and killing terrorists in J&K State is there but it is not sufficient as those who are killed can be replaced easily. 

b. Islamic fundamentalist organisations, supported ‘from across the border’, operating in J&K State, have their own agenda.  For them the Kashmir-issue is an occasion, a motive, a cover-up for spreading their ideas.  They have nothing to do with a genuine nationalist movement.  In their eyes, a secular, democratic approach is not a solution and even if one presumes that a solution could be worked out between India and Pakistan, taking into account the wishes of the Kashmiris, it is clear they will not stop their activities as the Kashmir-issue is not their final goal, it is just a phase.

c. If we like it or not (and of course we don’t like it), bandits and criminals are there in every society.  In J&K State however, they are taking advantage of the troubled situation.  They are abducting people for money, raping, murdering, extorting money, using mafia practices, etc. under the cover of ‘the movement’.  For them this is a lucrative industry and under the present circumstances, it is easy to blame the security forces of all crimes that are committed. 

d. In the eyes of the separatist leaders, Indian security forces are oppressing the Kashmiris.  There is no democracy, there is no freedom, there are human rights violations, people are suffering, etc.  Stability can only be there if the Kashmir-issue is solved.  All of them agreed violence would not bring a solution: let there be peaceful negotiations between India and Pakistan.  Negotiations can be suspended, can be put on a low level but eventually they have to be resumed.  Let them find a solution taking into account the wishes of the Kashmiris: the right of self-determination must be granted. 

e. There is no doubt that human rights violations are being committed by the security forces and by the militants.  There is also no doubt that not all cases of human rights violations committed by the security forces are disclosed or prosecuted.  It is also a fact that the security forces always are blamed if something happens.  Separatist leaders are not critical on human rights violations committed by militants: a few months back two teenage sisters were abducted by militants and shot dead in cold blood ‘to teach them a lesson’.  Nobody dared to criticise this heinous crime.

f. According to the separatist leaders, J&K must remain united within the 1947 borders.  If they are serious, it is high time for representatives of all regions of J&K to sit together and have a discussion in depth.  Developments have shown that there is a deep rift between Jammu Region and Kashmir.  If they should remain united, a compromise must be found based on mutual respect and trust.  In addition, Ladakh may not be forgotten: a dialogue in depth and compromise is needed, as Ladakhis more than ever stress the need for obtaining Union Territory status.  In addition, Azad Kashmir and Gilgit-Baltistan must be involved.

g. Priority must be given to restore normalcy.  This can only be realised by stopping violence and misleading people.  Kashmiris want to have a future and jobs for themselves and their children.  After 21 years of militancy, it is high time to give the growing up generation a chance to have a normal youth and education.  The Kashmiris are fed up with violence.  A peaceful, lasting solution for Kashmir, accepted by India, Pakistan and the Kashmiris, is the only way out of this uncertain situation.

h. Corruption adds to the misery and sufferings of the common Kashmiri and has a destabilising effect on the normal functioning of the civil society.  Kashmiris who have responsible jobs in the police, in the judicial system, in the administration, etc. are supposed to look after the well functioning of the society.  By indulging into corruption, they are betraying their own compatriots.  At all levels in J&K State a serious effort must be made to tackle corruption.  It is too easy to point to the Centre as being the origin of all evils.  One should have the courage and the honesty to recognise the shortcomings in the own system and take the necessary steps to redress the situation.

i. Because of the prevailing peaceful situation, all energy of the Government headed by Chief Minister Omar Abdullah can be spent on development and improvement of the general living conditions.  Chief Minister Omar Abdullah is young, has a vision, hard working, honest, listening to the demands of the people and paying attention to their basic needs.  The challenges are multiple: eradicate corruption and improve the functioning of the administration, the educational system, health care, etc.  Terrorism must be tackled.  The government must bring back secularism, mutual respect. 

j. Panchayat elections were held successfully.  Participation was very high (80%) clearly indicating that people want peace and good governance.  Through panchayat rule, the grass root level has been empowered and democracy strengthened.  Municipal elections will be held soon: anything indicates that they will be as successful as the panchayat elections.  

k. The Amarnath yatra went on smoothly.  Over 700.000 yatris (pilgrims) made the long journey to the Amarnath cave situated in Kashmir at an altitude of 3.888 m.  Because of the peaceful situation, many of them stayed a few days longer in the Valley to have a houseboat experience.  Kashmiris are very happy with this evolution and hope this will continue and lead to normalcy.

l. Construction and reconstruction continues (see our photo gallery on http://basjak.org ):

- in the Kashmir, a 119 km long railway links Qasigund (in the east) with Baramulla (in the west).  The train is a success story: always a full-booked train, much cheaper, much faster, less pollution and traffic; 

- new roads are constructed, existing roads are being repaired, improved and enlarged;

- tourist infrastructures, official buildings, hospitals, medical dispensations, schools, etc. are being built;

- historical monuments are being restored or under renovation;

- shopping centres, hotels, residential areas, houses, posh villas, etc. are being built, renovated;

- mobile phone became common good and is operative in the remotest areas, and

- the car park is completely modernised: the latest and most expensive models can be seen.

m. It is often stressed that private industries should come to J&K, as they can create many jobs.  This is only possible if prospects for a lasting peace are there.  Private entrepreneurs only have faith in a peaceful solution.  If there is no peace, there will be no investment: this goes hand in gloves.  Prof. Nisar Ali, senior professor of economics at Kashmir University and a renowned economist of the State believes that the problem of unemployment can’t be solved only by attracting private industries: ‘The problem of unemployment is basically from the educated lot of the State, who want ‘white collar’ jobs (= government jobs) and do not consider other options.  J&K is the only State that provides government employment to over 500.000 people, highest in the country, while as in other Indian states it is considerably less.  The Government therefore has reached its saturation and can‘t, realistically, absorb the chunk of unemployed youth.  The thing that people here want and consider government job as the final word is really aggravating the problem which needs to be tackled on all fronts beginning from changing the mindsets of the people’. 

n. Kashmiri Pandits are the original Kashmiri speaking inhabitants of Kashmir.  They were hounded out by militancy in 1990: some 500.000 of them fled to safer places.  This exodus changed drastically the demographic composition of the population of Kashmir.  After more than twenty years, efforts are made to make the return of Kashmiri Pandits possible.  They have their emotional attachment with their birth ground, their roots.  They can return when peace is there and when the rule of law, not the rule of majority is re-installed.  It has to be seen if the efforts will be successful. 

o. The Chinese factor becomes more and more visible.  This is of concern for the Centre and the State Government.  Chinese are present in large numbers in Gilgit-Baltistan, an area under Pakistani administration.  According to Pakistan, they are civilians assisting in reconstruction caused by floods.  According to the local population they are Chinese military personnel occupying their country.  In Ladakh, so called Chinese nomads are slowly and steadily settling in areas that were until then considered to be Indian territory.  This evolution will certainly have an impact on finding a solution for the Kashmir-issue. 

p. Notwithstanding resumed negotiations between India and Pakistan, there is no fundamental change in the policy of Pakistan towards militancy and terrorism.  Pakistan pretends to give only moral, diplomatic and political support to the Kashmir-issue.  However, an open secret much more is on hand.  Pakistan spends a lot of money to promote the Kashmir-issue as we have seen in the case of the Kashmir American Council: FBI estimates that this lobby group received not less than $ 4.000.000.000,- (indeed: four million US $) from Pakistan/ISI.  The same goes for the militants who still have their training camps in Azad Kashmir and in Pakistan and who continue to receive all logistic and financial support that is needed: they are fighting a war to help Pakistan secure its lifeline: access to the water resources of Kashmir.  Negotiations or peace talks between India and Pakistan don’t harm their cause, as they have not the slightest impact on Pakistan’s stand regarding the Kashmir-issue.  Declarations regarding fighting terrorism and resolving the Kashmir-issue don’t have any value: they are just for the gallery, to appease the West, to reduce pressure on Pakistan. 

q. Generally speaking, all agree that Kashmir is the ‘core component’ of any permanent solution, and its voice has a dominant influence on the final outcome although no one seriously believes that resolving the Kashmir-issue is only a matter of meeting Valley needs.  The other regions of J&K and other constituencies of J&K factor equally in the final solution.  Each region must engage with the other in a civil dialogue with mutual respect and with equal considerations.  Failing that the status quo will continue.  In order to find a permanent solution a dialogue is necessary on three levels, as we emphasise already since so many years:

(1) bilateral level: between India and Pakistan;

(2) national level: between the Government of India, the J&K State Government and the representatives of the civil society of the three regions;

(3) internal level: between the different regions of J&K.

r. Pakistan supports the cry for the right of self-determination of separatist leaders in Kashmir.  However, accession to Pakistan is the only accepted option.  Indeed, according to the Azad J&K, Interim Constitution Act, 1974, Par 7. (2): “No person or political party in Azad J&K shall be permitted to propagate against, or take part in activities prejudicial or detrimental to, the ideology of the State’s accession to Pakistan”.  Thus, Pakistan limits the right of self-determination for the Kashmiris to accession to Pakistan.  Other options such as accession to India, azadi (= freedom), total independence, partition or any other solution are totally excluded.

s. According to international law, Pakistan has no legal stand in J&K.  Pakistan invaded J&K in October 1947.  In doing so, Pakistan is at the origin of the de facto partitioning of the State.  As early as 13 August 1948 the UN Commission for India and Pakistan requested Pakistan to end this illegal occupation and to withdraw its troops from the State as a pre-condition for organising the plebiscite.  The same Commission repeated this request in its resolution of 5 January 1949.  Until this date, Pakistan didn’t withdraw its armed forces and still occupies illegally Azad Kashmir and Gilgit-Baltistan.  Consequently, the plebiscite has not been held.