24 January 2004	Saturday	01 Zilhaj 1424

LAHORE, Jan 23: At a time when Pakistan and India are discussing the level, agenda and dates for the talks they plan to hold in February, the Pakistan-India People's Forum for Peace and Democracy has come up with a set of measures the two governments and Kashmiris should adopt to make the atmosphere conducive to Kashmir dispute solution.

Dr Mubashir Hasan, head of the Pakistan chapter of the PIPFPD, said at a discussion here on Friday that neither Pakistan nor India was in a position to impose a solution on the Kashmiris, as they had got recognition by rendering sacrifice for their cause. Now, he said, Kashmiris must be involved in the parleys so that they could offer their point of view.

According to Dr Hasan, Kashmiris had no trust in the governments of Pakistan or India and it would be wrong to say that people of Azad Kashmir wanted accession with Pakistan or those of occupied Kashmir with India.

The two countries, intentionally or inadvertently, had committed excesses with the Kashmiris for which both must apologise. The PIPFPD leader was of the view that governments of Azad Kashmir and occupied Kashmir were lackeys of Islamabad and New Delhi, respectively. He said the people of Azad Kashmir were keeping silent because the Pakistan government was supporting them.

Dr Hasan said the governments of the two neighbours should set free all prisoners held without charge. Then, he said, general amnesty should be declared for those who were in custody or at large, and were accused of crimes for political reasons. Judicial processes should be activated for other Kashmiris, who were in custody in Kashmir or India. He also stressed:

* Tribunals to investigate missing persons should be set up.

* Innocent persons, who have suffered from the actions of the state should be compensated.

* Further actions under laws, which permit detention and trial without recourse to normal procedures and codes, should be stopped.

* All laws which deny justice in accordance with the UN Charter of human rights should be repealed.

* National and international human rights' organizations should be allowed access to all parts of the former state.

* Passengers and goods' traffic should be allowed across the Line of Control.

* Visas and passports should be freely issued to citizens on both sides of the LoC.

* Freedoms of expression, assembly and association should be guaranteed in all the areas of the former state.

* The size and the presence of the security forces should be rapidly reduced throughout the former state.

* Those who have emigrated out of Kashmir for the fear of life and property should be rehabilitated in their original abodes.

* The people of Kashmir should be encouraged to meet and develop consensus on the solution to the issue acceptable to them and to Pakistan and India.

"Only when India and Pakistan take measures which will win the confidence of Kashmiris for a genuine political settlement they will meet with success in the composite dialogue."

As for the steps needed to be taken by the political parties and groups on both sides of the LoC, Dr Hasan said they should consider approving a document on the following lines:

* That the tragedies of the past have left a deep and profoundly regrettable legacy of suffering; that they would not forget those who have died or been injured, and their families; and they would do their best to honour them through dedicating themselves to achievement of reconciliation, and mutual trust, and to the protection and vindication of the human rights of all.

* That they would be committed to partnership, equality and mutual respect as the basis of relationship between one another.

* That they are committed to resolving political and other differences exclusively through peaceful and democratic means and of creating conditions conducive to democratic and peaceful negotiations, and are opposed to any use or threat of force for political purposes.

* That they acknowledge that substantial differences exist among the participants on questions of continuance of status quo and of legitimate political aspirations of the participants, especially of the right to exercising sovereignty, wholly or partly, over the whole or part of the territories of the former state of Jammu and Kashmir.

* That they recognise the difficulty on the part of each of the participant to modify its historical public stance, however, they are convinced that it is imperative to find a solution that may not entirely satisfy each one of them, but which may be generally acceptable to the people of the subcontinent in their larger interest and that the need of securing durable peace in the subcontinent takes precedent over all other considerations.

* That they would strive in every practical way towards reconciliation and rapprochement keeping in view that in all agreements contraction of sovereign power in one political domain can be a gain in another.

"The multi-participant discussions and negotiations need to be initiated until a consensus is reached on the text of a joint declaration recommending approval of the same by the governments of India and Pakistan and by all the people of the former State of Jammu and Kashmir", Dr Hasan said. He said the PIPFPD would hold a procession on Feb 7 to highlight the need for peace in the region.