For initiation of Indo-Pak dialogue the facilitator UAE can ask leaders of J&K on both side to open office in UAE to insist on IoA-mandated-plebiscite in united-J&K. By Hem Raj Jain
19 Jan 2023
Ref:- (i)- Like Afghan Taliban (in US-Taliban talks) the UAE should involve main interested party the leaders of J&K (from both sides with office in UAE) in Indo-PAk dialogue (ii)- UAE can involve OIC,(concerned about unresolved Kashmir problem) Saudi Arabia and the USA (both friendly to India and Pakistan) in constraining Pakistan and to some extent even India to see reason on communal issues and on cross border terrorism
Though the hopes - [raised about resolution of Kashmir problem between India and Pakistan ( the problem which has scuttled the progress of the entire SAARC region for the last 75 years) by Pakistan PM Shehbaz Sharif’s interview to Al-Arabiya television (as reported at https://www.gulftoday.ae/news/2023/01/17/pakistan-pm-offers-india-to-resolve-burning-issues-through-talks ) where Shebaz showed his willingness for Indo-Pak dialogue]- has been almost shattered by prevailance of chronic intractable issues between two countries as explained at https://indianexpress.com/article/explained/explained-global/shehbaz-peace-with-india-pak-pms-statement-8387904/ and during interview to the Wire by Pak Senator from Shebaz’s party PML-N, Mushahid Hussain as https://www.youtube.com/watch?v=S-7pPnc2rBw but the UAE need not be deterred by this temporary set-back rather Sheikh Mohamed bin Zayed, the President of the UAE should adopt the same policy as UAE adopted during US-Taliban talks in UAE which ended two decades long Afghanistan war. The UAE should not only involve the main interested party the leaders of J&K (from both sides with their office in UAE) in Indo-PAk dialogue but should also ensure that the root case of Kashmir problem is made known to the entire world which only will resolve Kashmir problem as mentioned below:-
(1)- The claim of India on J&K rests on Instrument of Accession (IoA) the relevant part of which reads as “[the question of Accession should be decided in accordance with the wishes of the people of the State, it is my Government's wish that, as soon as law and order have been restored in Kashmir, and her soil cleared of the invader, the question of the State's Accession should be settled by a reference to the people. Yours Sincerely Sd/- Mountbatten of Burma]”.
(2)- It is clear from this IoA that the political fate of the united J&K will be decided not by India or Pakistan but by the wishes of the people (referendum / plebiscite) and it is India’s responsibility to carry this out after getting the Pakistani side of united J&K cleared of the outsiders. Whether India does it on its own or with the help of the UN or of friendly countries is the headache / responsibility of India and the people of united-J&K are not concerned about it. Which means Pakistan and the people of united J&K have every legal right to demand immediate plebiscite in united J&K and Article 370 is merely a temporary arrangement till such plebiscite takes place hence Article 370 doesn’t have much meaning . India has been saying for the last 75 years that Pakistan is not vacating its side of J&K (even after UN resolution 1947-48) hence plebiscite couldn’t be carried out in united J&K. Here the UAE can involve the OIC (which in 2022 through resolution showed concern over unresolved Kashmir problem) “Saudi Arabia and the USA” (both countries friendly with India and Pakistan) to bring pressure on Pakistan and India to immediately facilitate / carryout this plebiscite in united J&K as mandated by the IoA.
(3)- But things are not that simple. Two more issues have further complicated the Kashmir problem. First the communalism in Pakistan (sever) and in India (much milder) and cross border terrorism [much serious by Pakistan (last major the 26/11at Mumbai in which even foreigners were killed) and some by India as alleged by Pakistan like Kulbhushan Yadav case and India’s alleged involvement in terrorism from AFghanistan in Pakistan]. Here also the UAE can involve the OIC, Saudi Arabia and the USA to bring pressure on Pakistan and India to stop (if any) cross border terrorism against each other. Moreover India will agree for plebiscite in united J&K only when plebiscite is carried out in Balochistan who’s IoA was taken by Pakistan under military pressure despite contrary resolution of its representative body / Jirga
(4)- As far as communalism the UAE must know that India is also mildly communal (due to un-Islamic cowardice of Indian Muslims who don’t file proper petitions in court as is evident from https://www.pakistanchristianpost.com/opinion-details/4020 ) but Pakistan & Bangladesh are the worst case.The Muslim population remained same rather increased a bit to 15 % (if Muslims illegal immigrants mainly from Bangladesh are also taken into consideration) in India whereas Pakistan & Bangladesh each have expelled their about 20 % Hindu population from their countries. This has thoroughly communalized the Indian subcontinent. This problem can be solved if dual citizenship is granted by India, Pakistan and Bangladesh to 160 million Hindus, Sikhs and Muslims (and their descendents) who were forcibly displaced from their native land due to partition. Which was illegal because there was no provision of population transfer in ‘Indian Independence Act 1947’. In case the safety & security of Hindus / Sikhs and Muslims with dual citizenships are not provided by concerned countries the UAE can involve the OIC, Saudi Arabia and the USA (even militarily if necessary) to enforce human rights of these victims with dual citizenship which only will rid the Indian subcontinent of rabid communal poison.
It is hoped the UAE will take interest, as mentioned above, in again resolving the major conflict of the SAARC region by facilitating Indo-Pak dialogue mainly on Kashmir problem (which is doubly serious due to nukes with both India and Pakistan