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Second Roundtable On Kashmir
http://www.gaash-online.com/articles/36/1/Second-Roundtable-On-Kashmir.html
Dr. Syed Nazir Gilani
Dr. Syed Nazir Gilani is a jurist. He is secretary general of JKCHR-NGO in special consultative status with the United Nations. He is an expert in Peace Keeping/Humanitarian Operations and Election Monitoring Missions. 
By Dr. Syed Nazir Gilani
Published on 05/10/2006
 
Second roundtable scheduled on 25th May at Srinagar is an effort to carry forward if there was anything substantive tabled by Kashmiri schools of opinion on 25 February in the best interests of a people who have a log list of grievances against government of India and the government of Pakistan.

Government of India in accordance with the disputed bilateral agreement of 26 October 1947 has failed to protect their 'life', 'property' and 'honour'.

Government of Pakistan in accordance with her assumed 'trust obligations', under UNCIP resolutions, in her two controlled parts of Kashmir, has failed to secure living numerical for a final count in self-determination.

Second Roundtable On Kashmir
Second roundtable scheduled on 25th May at Srinagar is an effort to carry forward if there was anything substantive tabled by Kashmiri schools of opinion on 25 February in the best interests of a people who have a long list of grievances against government of India and the government of Pakistan.

Government of India in accordance with the disputed bilateral agreement of 26 October 1947 has failed to protect their 'life', 'property' and 'honour'.

Government of Pakistan in accordance with her assumed 'trust obligations', under UNCIP resolutions, in her two controlled parts of Kashmir, has failed to secure living numerical for a final count in self-determination.

Who will represent the people while advocating the best interests of the people is a big question. Hurriyat and Pakistan have advocated until yesterday a settlement under UN resolutions.

It is important to point out that UN resolutions have remained sensitive to  a fair representation of minorities. At the same time these resolutions do not accredit every Tom, Dick and Harry as a leader. UN resolutions have set a standard of 'Principality' for leadership. So being in Hurriyat G or Hurriyat A does not make any one of them the only "Gulliver's" in Kashmir dispute.

There are no two opinions that although some Hurriyat and some others outside do have a public sympathy and support, they do not qualify on the  test of 'Principality'. The question of representation has become even more muddier - because Hurriyat A has changed horses midstream and seem to have shelved their July 1993 Constitution.

Hurriyat cannot be allowed to wrestle with no holds barred. They have to remain sincere and truthful to a Constitution that they gave in July 1993. As a consequence of this political discipline they have lured a generation to death and the civil society has passed through hell.

If accountability, transparency and democracy have a space in Hurriyat politics, then people may seek reasons for a change of mind from 'carrot' to 'spinach'. They need to explain as to why President Musharraf called them people 'without brains' in public in Delhi.

Hurriyat has been to Pakistan and it has met the Indian leadership before. Surprisingly, it has yet to produce a road map that encompasses the 129 year history of Rights Movement. Mirwaiz may not be yet ready to concede that Jamia Masjid is not a private company. It is a Muslim and a democratic institution.

He may still feel safer, unless taken to a court of law, or to a Shariat court, that he cannot monopolise the institution, to serve his political agenda.

But in public office, he has to be accountable in public interest. 16 years are enough to model, revise and finalise a road map. If he has not done so, he is an enemy of Kashmiris best interests. His associates, too, accrue a criminal liability in perpetuating a bluff - that they have a road map. If there is one, general public, and others associated with the Rights Movement have a right to see it before it is placed before India or Pakistan.

Roundtable or a rectangular table or a secret meet in a shikara are part of politics - as long as it advances the best interest of our people. Who represents the people of Kashmir. In this regard a quick answer has been wisely given by CPI-M leader Mohammed Yusuf Tarigami, that  it was not the issue as to who was participating. "Every Kashmiri irrespective of their political alliances is a part of Kashmir issue,"

Those who are in prison, others widowed, raped, tortured, orphaned, living under open sky, scattered all over India, living abroad and every one else (in all the three administrations of Kashmir) has to see the road map and endorse it. Failing that Hurriyat A or others at the roundtable may be held criminally liable for profiting from death and destruction and luring a generation to grave.

Hurriyat has not been to people and has not been accredited to behave solo. But it has represented at one stage a 'grievance' of the people and later took to other ways of politics. It is being counted as part of a process. However for Hurriyat to say that "those accepting Indian constitution" should not be a part of roundtable conference to be chaired by Prime Minister on May 25 is without substance.

Hurriyat Constitution accommodates all the three opinions - including accession to India. Hurriyat is not a pro Pakistan amalgam. It is because of India that Pakistan has become a party to the dispute. Otherwise, it is a dispute between the people of Jammu and Kashmir and the Union of India. Kashmiris carry a reference with Pakistan under article 257 of the constitution of Pakistan. It is a voluntary reference. Pakistan too has a case to answer.

Moreover, Pakistan has accepted the position maintained in the constitution of India in Tashkent, Shimla and Lahore Declarations. NC, PDP, Panther and other political parties have gone to public and have a fresh and direct mandate. They remain in the day to day service of the people and every step to develop Kashmir would ultimately help people to make a well informed decision on 129 year old Rights Movement.

It is important to remind Hurriyat A that "Pakistan has acknowledged the relevance of elected representatives of Jammu and Kashmir. Hurriyat should not have a problem at all? The hand of Musharraf is not far off to dispose them for being unnecessarily 'naughty'.

It seems shallow politics. Omar Abdullah has rightly said that "We have never questioned their relevance, then who are they to do so,". Omar has rightly quoted a recent example from real life. He has reminded Mirwaiz that the recent by-polls held in the State saw more than 40 per cent turnout in highly militant-infested area like Sangrama. "They (Hurriyat) should see the writing on the wall clearly,".

Indian constitution is a book of guarantees. It is a state wisdom and a discipline. The people of Jammu and Kashmir too have a political discipline of 129 years old. They have their own case to argue. Clinging on to excuses and hiding ones unpreparedness is a dereliction of duty. It accrues serious culpability.

Chief Minister Ghulam Nabi Azad has rightly pointed out that the roundtable was the right forum for settling any disputes. If Hurriyat is seeking out an agenda from Indian government, they should have made a beginning at home by going to Delhi with an agenda. Cats with gloves never catch mice.

Mirwaiz's remarks lack wisdom and maturity when he says that at the roundtable "talks should be held with those who do not accept Indian control on Kashmir. If you are going to gather a crowd of those who already agree with you, then we think that no serious talks can take place in a crowd. Priority should be given to ongoing talks with the Hurriyat Conference."

If one looks at the creation of Hurriyat and its constituents, one is left breathless at the threading together of wisdom and seriousness to wrangle with the State of India and cause a substantive win to 129 year old Rights Movement. Hurriyat A or Hurriyat G or others outside these factions and even a Tom, Dick and Harry has a right to intervene in areas which relate to him or her or which are to impact our future. Politics is the confirmation of crowd and not an inheritance.

Due respect should be accorded to our leadership but they should not be allowed a stint of  arrogance, unaccountability, undemocratic behaviours and an air of omnipotence.

Indian government too should not rest comfortable that Kashmir comprises of only six or more individuals. It is a people's case and each one of us has a role to play and a duty to keep vigil. Let us prey that the 'proxy politics' and 'proxy war' has passed its sell by date. Let all parties appearing at the roundtable have a 'road map'. And a preference should be given to quality over quantity.

Musharraf's meeting with mainstream politicians and holding of the Pugwash conference in Islamabad should rave the leaders into thinking that Pakistan has  "understood the ground realities. Ruling out option of independence (for Kashmir) and UN resolutions also emphasise this fact".

It is now for us to see how best we have been preparing over the years. How best we are able to complete the circle of wisdom, embracing the three distributed and separately controlled people.