Merit of Two Kashmiri Messages

 

Merit of Two Kashmiri Messages

Dr. Syed Nazir Gilani

Year's end is neither an end nor a beginning but a going on, with all the wisdom that experience can instill in us. Our leaders did not consider it worthwhile to give a message embedding an agenda of hope to the people of the State living on either side of cease fire line (LOC) and abroad.

On the contrary two leaders Hurriyat (M) chief Mirwaiz Umar Farooq and JKLF chief Muhammad Yasin Malik decided to address the Governments of India and United States of America on two different issues. It is important to examine the merits of these two political statements. Hurriyat leadership has complained that there is a confusion in the Indian establishment on dialogue and has quoted the role of Army which is overbearing on the question of the removal of AFSPA in Kashmir. If Indian army is an impediment in any dialogue, our leaders should examine the role of Indian security forces under the agreement between the Government of J & K and the Government of India. It could examine UN SC stipulations on the presence, number, behaviour and location of these forces.

Dialogue is the civilized instrument developed over the centuries to settle disputes among various communities and various countries. India and Pakistan continue to talk and conduct intra-State business. They carry out other duties obliged under UN Charter as member nations of UN. Pakistan has taken upon an additional responsibility to give moral, political and diplomatic support. Kashmiri leadership would remain accountable for the manner in which they have used this support in the best interests of their people. Elements at various levels in the Government of Pakistan who have controlled this hype of moral, political and diplomatic support have an associate responsibility to account for any success or loss.

The net result is that we have made very little or no progress. On the contrary Kashmiri struggle has lost nerve and before the end of the year it has been incriminated in USA, which is a serious setback. Our leaders in Kashmir have no clue that they have killed the right of self-determination for some time to come. The numerical death of a generation would translate as a deficit into any future determination. Our leaders have to be very honest and understanding to accept that at this point they have been unintentionally or intentionally doing the Indian or Pakistani bidding in a dialogue and have failed to discipline themselves to represent the case of the people of Kashmir.

The first and foremost should have been to be clear headed on issues that need to be taken with India and Pakistan individually and other issues that need to be discussed trilaterally. A trilateral discussion is misdirection of wisdom because it does not address the question of J & K, AJK, Gilgit and Baltistan, 2.5 million Kashmiri refugees and the Kashmiri Diaspora. Demand for a trilateral discussion right in the beginning is to derail the process of a discussion. Kashmiri leadership has to conduct bilateral dialogue with India and Pakistan and prepare to move into a trilateral stage.

Mirwaiz Umar Farooq has stated "We are not against dialogue and are ready for meaningful tripartite talks. But talks shouldn't be held for the sake of talks. It should be result oriented process. Dialogue process till now failed because India was never serious in talks. We had given some proposals to New Delhi last time but no forward movement was made," He needs all support and guidance on his desire to advance the process of dialogue. Unfortunately the Kashmiri political wisdom does not add up to a valid desire. A common man would be asking many questions around any discussion with India and Pakistan. The first would be the responsibility of the death of a generation and the second the unprecedented suffering never witnessed from 1846 until 1990.

The desire for a tripartite dialogue does not have a merit. We may be accused of playing to a non-Kashmiri dulcimer by making this demand. India has a case at the UN and it has to be challenged in accordance with the pledge that it has made in its presentation at the UN Security Council. Pakistan has assumed responsibilities in AJK under UNCIP resolution and in fact has not conducted itself in accordance with the obligations under UNCIP resolutions. The claim that Hurriyat has given any 'proposals' to Government of India does not carry any weight because there has never been any debate on the basics of these proposals. Mirwaiz Umar Farooq and his senior associates have to admit that not all or no constituent in the alliance has any reliable understanding of the Kashmir case and could not be assuredly trusted to enter into a dialogue with the Government of India at any level.

JKLF chief Muhammad Yasin Malik addressing a seminar "Diplomatic Front of Kashmir Struggle and Dr Ghulam Nabi Fai" has said that US will lose its "constituency" in Kashmir and create "anti-America sentiment" in the valley if it continues to detain the Kashmir American Council (KAC) director. He has asked US Government to go lenient on Fai. The effort of JKLF prima facie is commendable but it has its own problems. Fai is a State Subject and on this account there could be no two opinions that his situation needs to be considered not only by JKLF but by all other political parties, Kashmiri Governments and every citizen of Kashmir.

To begin with such seminars and the names that have featured at this seminar (mostly known regulars) would not make any impact on the Government or the judicial system of USA. Fai of course is a decent human being but it does not mean that as one of the three Directors of Kashmir Centres he has conducted himself to a major extent independently in the best interests of the jurisprudence of Kashmir case. The affidavit filed in his case has accused him of carrying an 80% non-Kashmiri brief. Acting as an escort for any Valley or other leader in USA has been part of his employment and it does not make him a 'peace maker'. It is not helpful to note that according to court documents, the KAC was secretly funded by officials employed by the government of Pakistan, including the Inter-Services Intelligence Directorate (ISI). At the same time Kashmiri leaders who Fai had been instructed to escort and facilitate in USA or elsewhere have equally offered their heads to the fall of 'American Hammer' in the future.

There is good news that US Government in exchange of a 'bargain' with Fai has dropped the serious charge 'Conspiracy to act as an unlawful agent of a foreign government. He has now been charged on two counts, namely, (1) falsify, conceal and cover up material facts and (2) defraud the Treasury Department. He has pleaded guilty to conspiracy and tax violations in connection with a decades-long scheme to conceal the transfer of at least $3.5 million from the government of Pakistan to fund his lobbying efforts in America related to Kashmir.

As part of his plea agreement, Fai has agreed to forfeit his interest in $142,851.32 seized by the government in July 2011. After the please bargain Fai faces a maximum potential sentence of five years in prison for the conspiracy count and a maximum three years in prison for the tax violation. Judge O'Grady has set sentencing for March 9, 2012.

On 7 December 2011 Fai admitted that, from 1990 until about July 18, 2011, he conspired with others to obtain money from officials employed by the government of Pakistan, including the ISI, for the operation of the KAC in the United States, and that he did so outside the knowledge of the U.S. government and without attracting the attention of law enforcement and regulatory authorities.

There is no denying the fact that Kashmiris need finances to advance their Rights Movement. These funds could have been obtained from the Government of Pakistan as part of its duty under UNCIP resolution and from any other member nation of the UN (including India). The litmus test for this financial support should have been all inclusive and the best interests of the people of Kashmir.

Author is London based Secretary General of JKCHR – NGO in Special Consultative Status with the United Nations and can be mailed at dr-nazirgilani@jkchr.com

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