Kashmir: solved yet unresolved

Author: Sabbahuddin

Kashmir is an exceptional and outstanding dispute. Exceptional as its solution has already been found decades ago by the United Nations; and outstanding as differences between the parties are yet to be resolved. The story is short. India took the matter to United Nations which unambiguously suggested the solution and surprisingly all the parties to the dispute agreed upon it. The only difficulty that remained was the lack of willingness and indolent demeanor of United Nations in implementing the deliberated solution it found decades ago. Common understanding suggests that since the resolution on Kashmir were under chapter six of the charter, thus United Nations could not force the parties in dispute towards implementation of the resolution. However, this lack of willingness is also connected to the weak standing of this global union which remains dependent on few countries that sponsor and steer organization’s policies.

India is definitely to be blamed for genocide purposefully conducted to suppress freedom movement during the last seven decades but India was not the first country to violate the human rights of Kashmiris. History of oppression and denial of freedom to Kashmiris is deep-rooted in time not seven but seventeen decades ago i.e. a century before the bitterness of partition was tasted.

On 16th of March 1846 the territory of Jammu and Kashmir along with several hundred thousand Kashmiris were literally sold for a meagre sum of 7.5 Million Nanak Shahi Rupees by the cultured and civilized British to Dogra Maharaja of Kashmir. The deal noted as “Treaty of Amritsar” was one of the worst transgressions of human rights in the history where the seller sold the lives, freedom, hope, aspirations and the inalienable rights of 2.5 million people without their consent. Sadly, it was not the only time the civilized British struck such odious deal. In 1935 the area of Gilgit and Baltistan (Wazarat of Kashmir) was again leased by the Maharaja of Kashmir to the British for a period of 12 years. However, after the declaration of 3rd June partition plan, the Wazarat was again recovered by Dogra Maharaja from the British. Thus the blood of Kashmiris is not on the hands of India alone but also visible on the cuff of the British who left this infectious wound festering for decades to come.

The United Nations does not enjoy the trust in the hearts of common people any longer. The organization can preserve its repute only if, it is seen to be serving global interests instead of those who financially sponsor it

Since then, United Nation has been passively deliberating upon the issue and despite suggesting a final viable solution, the parties have been deviating from their stance and position. India agreed to hold plebiscite but diverged from its stance contending that pursuant to Accession Instrument, Kashmir has become integral part of India. In fact the instrument of accession of Kashmir was as legally loathsome as the Treaty of Amritsar. India started to deny the disputed status and contested against Pakistan’s presence in the territory terming it as violation of India’s sovereignty. Pakistan entered into the Karachi Agreement in April 1951 where affairs of 28,000 square miles comprising Gilgit and Shumali Wazarat were given under Pakistan’s control. There was no body to speak on behalf of the unaware people of these Wazarats. Pakistan abrogated the State Subject Rule in Gilgit Baltistan and introduced a series of Legal Frame Work Orders and governance ordinances. Pakistan also signed a questionable border agreement with China in 1962. India blamed Pakistan that the later has failed to withdraw troops from areas under its control while on the other Pakistan could not afforded to do so since India could not guarantee the same.

India stood rigid while United Nations heard Pakistan’s arguments with deaf ears. Thus the voice raised by Pakistan advocating right of self-determination for the people of Kashmir went unheard and unattended. The result was birth of an armed struggle which continues till this date while United Nations did not, or better say, could not do much with regards to Kashmiris. One can observe that the global union of responsible nations has become as redundant as its predecessor, the League of Nations. As the time has proved that these institutions of global governance are in fact deliberately designed as dependent and weak. Although the United Nations was expected to act in a more forceful and muscular fashion but it has always fallen short of expectations tied to it particularly by second and third world countries.

It is a fact that the organization is dominated by countries that financially sponsor it. These countries primarily led by United States, do not hesitate in twisting the arm and squeezing the neck of the organization where it fails to protect long term interests of the sponsor countries. The few have the privilege of exercising Veto while rest do not have a right to object.

As of 2019, United States contributes 674.2 Million making 22% of total contribution to United Nations. China contributes around 12% while UK, France and Germany contribute 5-6% each of the total contribution. The contributor’s particularly major ones exercise power over the global union. Sometimes they also threaten the UN for heavy cuts in the budget. Few months back United States threatened the organization of cutting down its contribution to the UN peacekeeping operations saying its contribution was not a “charity.” United States has also been demanding that their country pays 22% of the UN budget but it has only vote out of 193 in the UN’s general decision-making processes, thus the contribution merits at least another or two more votes for the country. This intelligent long-term strategy always favors these countries putting a limitation on independent working of United Nations. This huge influence is not limited to organs of United Nations only but also extends to international monetary institutions where the few western countries retain control and use these institutions as leverage to coerce or persuade the member countries.

In short, the United Nations does not enjoy the trust in the hearts of common people any longer. The organization can preserve its repute only if, it is seen to be serving global interests instead of those who financially sponsor it. United Nation has been instrumental in giving awareness to countries on sustainable development and environment but its transparency in addressing issues such as Kashmir is questionable. Time has come to pull out the 13 resolutions of the organization from the locked cabinets, blow the dust from these and start a fresh discourse with an aim to implement the solution the organization suggested long ago.

The writer is a versatile analyst and a speaker on contemporary issues

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