Kashmir: a paradigm shift

INDIAN-held Jammu and Kashmir governor retired Lieut. Gen. S.K. Sinha has come out with yet another recipe for a resolution of the Kashmir issue. He calls it a ‘win-win’ formulation for everyone ‘with no-one the loser’.

In the course of a lecture at the National Centre of International Security and Development Analysis (NCISDA) of Pune University in November on “Secessionist Threats in India”, he argued for the Line of Control in Kashmir “becoming irrelevant and turning into a line of peace with free movement from either side.”

Actually, Gen. Sinha might well have been echoing President General Pervez Musharraf’s repeated pleas about the ‘irrelevance’ of ‘borders’, in effect, the LoC, for an enduring settlement of the Kashmir issue.

In an interview with Reuters as far back as January 2004, President Musharraf had suggested that the UN resolutions on the dispute could be ‘set aside’ to achieve a final settlement.

According to press reports, General Sinha felt such a settlement would be ‘achievable’ with Saarc growing into another European Union in which national boundaries would not be of much consequence. In his own words, “Economics more than politics can become the determining factor in international relations.”

Interestingly enough, Professor Abdul Ghani Bhatt, former chairman of the Hurriyat Conference and now its chief spokesman, second only to Mirwaiz Umar Farooq, argues that ‘geo-economics’ regionally (in South Asia) as well as globally is replacing ‘geo-politics’.

The new paradigm gives the issue a more ‘global’ than an ‘international’ dimension beyond the UN. The impression is strengthened by the statements of Mirwaiz Umar Farooq during his recent visit to Pakistan and Azad Kashmir. The earthquake, the Mirwaiz said, had brought the Kashmir dispute into the ‘international limelight’.

Kashmir, said the Mirwaiz, was not a ‘political issue’. The quake ‘highlighted’ its ‘human dimension’ and needs to be viewed as such by India and Pakistan. “However, the opportunity has been lost,” he regretted without elaborating.

The staggering humanitarian disaster wrought by the traumatic visitation brought foreign military forces into one of the world’s most sensitive, high security areas. Even if only for relief work comprising medical and engineering support, the mere presence of foreign military forces outside the UN umbrella would have been utterly inconceivable in Kashmir/Pakistan in normal circumstance.

The ‘globalization’ of Kashmir as opposed to its unquestionably recognized and legitimized ‘international’ status will be hard to deny after the open-door access to foreign elements, NGOs and official agencies.

Nato and the American and other military forces deployed in Azad Kashmir bear no comparison to the United Nations Military Observers Group for India and Pakistan (UNMOGIP) deployed along the Ceasefire Line-turned-LoC.

Reverting to Gen. Sinha, he complimented Pakistan for proposing ‘what could be seen as internal autonomy’ to both sides of the divided state. Unfortunately, New Delhi has been quick to reject the Pakistani proposal.

Happily, however, India’s National Security Adviser, M. K. Narayanan, recently told a private TV channel that the idea of “self governance for divided Kashmir, as proposed by General Musharraf, was being discussed by Indian and Pakistani diplomats — through ‘back channels’.” Mr Narayanan said: “We have a back channel. We have experienced diplomats as part of the composite dialogue process and if they (Pakistan) come forward and give specifics about self-governance then we can probably look at it.”

Conditional but a concession nevertheless considering the deviation from India’s own rigid stand on the status quo on Kashmir as its integral part. There is some weight and wisdom, however, in India’s stated position that the issue be debated thoroughly in camera until a mutually agreeable solution is evolved and then offered for public debate.

‘Public posturing’, to use one of General Sinha’s phrases, may foster confusion even if it cannot ‘prevent the inevitable’. Two things stay beyond any shadow of doubt: one, that the issue must be settled sooner rather than later and, two, that it is a tripartite and not just a triangular issue. The Kashmiris are not just a part of the problem but also an integral part of the solution.

The issue, as the Mirwaiz puts it, involves 14 million people of Kashmir and no solution to the problem on the basis of status quo or a divided state will be acceptable to the Kashmiris.

Without rejecting the UN resolutions, the Mirwaiz has stated that they offered only a ‘legal justification’ to the issue, which was not enough. While staying within the orbit of the UN internationally, the issue has acquired a global dimension beyond the UN following the October earthquake. It is now global and a challenge to the world’s conscience beyond legalistic wranglings.

-The writer is a retired brigadier of the Pakistan Army.

On laws against society

ADVISER to the prime minister on women’s affairs Ms Nilofar Bakhtiar was in town this past week to address a seminar held on violence against women. The lady announced to the participants that the ruling party had decided in favour of a total repeal of the Hudood Ordinances. This is not the first time that such a statement has been made by an official; the government has long paid lip service to the cause of women, followed by little action.

The Hudood Ordinances, the Qisas and Diyat law and the law of evidence clearly discriminate against women, but despite recommendations made by the government’s own commission headed by Justice Majida Razvi for their annulment three years ago, these laws continue to be on the statute. Now if the ruling party has taken a decision to go ahead and do the needful, as we were told by Ms Bakhtiar, the move needs to be welcomed. Any backtracking on the issue will only send a wrong message to the supporters of the dubiously religious laws whose very credentials are called into question by a section of Islamic scholars. One says this because the PML leader had backtracked on the deletion of the religion column from passports.

Chaudhry Shujaat Hussain, we were told, had already directed party legislators to prepare the ground for the repeal of the laws which abet in violence against women. If true, this is indeed good news. But maybe Chaudhry Sahib would also like to take note of a number of other laws that are repugnant to both the majority and minority communities, and that also need to be thrown out to restore the democratic character of the 1973 Constitution. Among these is the infamous law on blasphemy which has claimed several Muslim and non-Muslim victims since its enforcement in 1986.

The latest case has been that of the violence suffered by the Christian community of Sangla Hill in November. It is a pity that the government opted for a settlement instead of bringing the culprits to book. The Christians were prevailed upon to withdraw the cases of property damage against the perpetrators of violence in exchange for the withdrawal of a blasphemy case registered against one of their own men. It is such appeasement of those who believe in violence that makes justice elusive.

Then there is the Ahmadi community-specific legislation that defies all norms of civil society, but the least said about that the better, because it remains a near-blasphemy for the ruling party leaders to open their mouths on such thorny issues. The result is the lack of any significant legislation done since the 2002 election that could strengthen civil society and help the country move ahead on the road to democracy.

Which reminds one of the banning of the ARD’s rally in Lahore last week. It is funny how people who have come to power through a democratic process, howsoever faulty it might have been, will not allow their opponents any breathing space. This kind of conduct does not show the government in good light; even the blind will tell you as much.

Now the city nazim says he will consider if a formal request is made by the opposition parties to hold a rally in the city with prior permission. The only condition, he says, is that the opposition will have to select a venue that does not hamper the flow of traffic. The latter is a privilege reserved for the VIPs alone. Is that right, Mian Sahib?

EIDUL AZHA, like most festivals celebrated in Lahore, took its bloody toll. Some 14 people were killed, mostly in violence and by rash driving. On the second day of the holidays, two more youngsters died performing acrobatics on motorcycles. Makes you wonder as to what is wrong with the people of this most fun-loving city in the country. Whether it is Eid, Christmas, Independence Day, Basant, or you name it, Lahorites just don’t seem to have their fill of fun and frolic without bloodletting.

So what are the apex court, the city nazim and the Punjab government going to do now? Ban the Eid holidays because we cannot hold our own on any occasion worth the name? The chief minister is reportedly seeking the lifting of the ban on kite-flying for a specific number of days in the city so as not to disappoint the Basant enthusiasts as well as the trade. This is just as well.

THE City District Government Lahore has done a good job of cleaning up animal waste in good time this year round. It reportedly deputed some 10,000-strong cleaning staff to collect the waste over the Eid days. The 20,000 tons of extra refuse was disposed of in an efficient and swift manner, which tells you that getting a job done is not impossible once there is a will to do it. Kudos for all those 10,000 men and women who dutifully collected the waste of no less than over 600,000 sacrificial animals that were slaughtered in Lahore this year.

On another happy note, the CDGL has announced plans to ban the plying of motorcycle-rickshaws on a number of roads. The objective is to reduce the amount of air pollution caused by exhaust fumes let out by two-stroke engines. There are further plans to ban all non-motorized vehicles, tongas, donkey and camel-carts, etc. by year’s end. This, the city government says, will help reduce congestion, improve the flow of traffic and keep the roads clean of animal droppings. It remains to be seen what alternative means of livelihood will be offered to those who will be affected by these bans.

THE Punjab government has put an immediate freeze on the allotment of state land. This, it said, had become necessary in view of the misappropriation of land by certain quarters. A total of 280,648 acres are believed to be illegally occupied and calls for speedy evictions. Of this vast tract of land, much is belied to be inside or in the vicinity of big cities. The government has also announced plans to allot over 188,000 five-marla plots to the homeless poor. How many of these will be in the big cities is not known. But unless that is what the scheme entails, it is not going to solve Lahore’s and other major cities’ problems of encroachment on state land. —OBSERVER

‘Merkel factor’ is infecting Europe

EUROPEAN Union policymakers describe the unexpected mood of confidence sweeping across the 25-nation bloc at the start of the new year as the ‘Merkel factor’. Germany’s new Chancellor Angela Merkel, they say, has not only given a much-needed psychological boost to her country’s demoralized citizens, but is also helping lift the dark clouds of pessimism that appeared to have settled over much of Europe throughout the last year.

Ms Merkel’s popularity at home is in no doubt – at least as far as the general public is concerned. Although business leaders are more wary about Germany’s economic prospects, a poll last week gave Ms Merkel a 60 per cent approval rating after her first six weeks in power, confirming the new German leader’s success in helping ordinary Germans shake off years of depression.

Popular support for the new German leader is expected to grow following the ruling coalition’s recent agreement on a new 25 billion euros spending plan to boost the economy and reduce unemployment.

Ms Merkel’s increase in popularity comes amid signs that Germany’s economic growth this year – estimated at 1.8 per cent - will be the fastest since 2000, as exports continue to climb. Consumer confidence rose to a six-month high last month and business confidence also jumped to the highest since 2000.

But Ms Merkel’s energizing impact is being felt beyond the borders of the EU’s largest economy. While French President Jacques Chirac, British Prime Minister Tony Blair and Italy’s Silvio Berlusconi grapple with a growing list of domestic challenges to their leadership, the self-assured Merkel seems to be on a roll.

Last month, the new German chancellor played a crucial role in brokering a vital EU agreement on the bloc’s finances. The accord on a new EU budget for 2007-2013 has given a new lease of life to the bloc, with most people agreeing that the eleventh-hour breakthrough was only possible because Ms Merkel refused to give up the struggle and forced the other bickering leaders to compromise.

The German leader has now set pulses racing across the 25-nation EU by insisting that the bloc’s draft constitution – declared dead after it was rejected by voters in France and the Netherlands last year – should be resuscitated. Ms Merkel has said she plans to revive the draft treaty during Germany’s presidency of the EU in the first half of next year after the current ‘pause for reflection’.

Ms Merkel’s initiative, however, has resulted in an increasingly fierce debate on the bloc’s post-enlargement institutional arrangements. The discussion is likely to dominate the EU agenda over the next 18 months.

Eager to take the spotlight, Austrian Chancellor Wolfgang Schuessel has said he will launch exchanges on the future of the constitution during his country’s presidency of the EU over the next six months. But opinion is divided on whether all or only parts of the treaty should be brought out of cold storage.

French President Jacques Chirac is adamant that governments should focus on ratifying only single aspects of the constitution, a statement that has put him at odds with Ms Merkel who has reiterated that constitutional cherry-picking ‘does not work’.

In a speech before diplomats last week, Mr Chirac singled out three areas where he wished to see closer cooperation, ‘internal security and justice, external action and better involvement of national parliaments in the European decision-making process’.

The French leader’s demand for closer integration only in single policy areas covered by the EU constitution conflicts sharply with the line taken by Ms Merkel, who is seeking to relaunch the text in its entirety. The German leader has said that cherry-picking individual aspects of the text would ‘seriously damage the overall balance’.

The German chancellor has instead proposed to attach a declaration on the ‘social dimension of Europe’ to the failed EU constitution, a move designed to soothe French voters’ fears of job losses and the undermining of western European welfare standards by the bloc’s eastern enlargement in 2004. Both issues played a large role in the French ‘no’ to the constitution in last year’s referendum.

Determined not to be upstaged by Ms Merkel, Mr Chirac has called for the formation of a ‘pioneer group’ of eurozone states. Although politicians of Ms Merkel’s coalition have championed similar ‘core Europe’ ideas in the past, the idea runs contrary to the German chancellor’s ambition to improve relations with Britain and the new EU member states, which fall outside the eurozone.

In another sign of trouble ahead, Dutch Foreign Minister Bernard Bot has said the EU constitution is ‘dead’, adding that ‘quick solutions’ cannot save the constitution.

Having launched the debate on the constitution, Ms Merkel now faces the challenge of ensuring that the often-squabbling EU leaders do not once again descend into acrimonious fights over the fate of the treaty. If the EU is to avoid entering into another miserable mood, the German leader will once again have to turn on the now-legendary ‘Merkel charm’ to keep discussions on the straight and narrow.

RECONCILIATION WITH US: On the foreign policy front, the new German leader is also making a determined effort to mend relations with the United States following years of acrimonious ties between Washington and former chancellor Gerhard Schroeder, who opposed the invasion of Iraq.

Rebuilding confidence with the US however, has not stopped Ms Merkel from criticizing the US treatment of detainees at Guantanamo Bay, including during her recent visit to Washington for talks with US President George Bush.

The US has welcomed the overtures for a fresh start, especially as the traditional allies have increasingly found common ground on priorities for Mr Bush — stabilizing Iraq and Afghanistan and curbing Iran’s nuclear ambitions.

But with allegations the US has secretly run prisons in Europe and transferred detainees across the continent incommunicado still fuelling anti-American sentiment in Germany, analysts say Ms Merkel will be careful not to be overly friendly with Washington.

The chancellor faces an even bigger challenge in her bid to build a new relationship with Russia, especially in view of growing concern in Europe about reducing energy dependency on Moscow following the recent row between Russia and Ukraine over natural gas prices.

Ms Merkel, who will be in Moscow on Monday for her first visit as chancellor, has made it clear that she will take a more critical approach towards Russia than her predecessor.

While Mr Schroeder worked hard to reinforce Germany’s energy alliance with Russia during his time in office, Ms Merkel has said Europe must not be too dependent on Russia for its energy.

And while Mr Schroeder had lavished praise on Russian President Vladimir Putin, describing him as a ‘flawless democrat’, Ms Merkel has already expressed concern over the direction of Mr Putin’s policies. Analysts say her cooler attitude towards Moscow is at least partly the result of her upbringing in the former East Germany and the fact that she knows Russia and Russian very well.

Eidul Azha: amazingly clean & peaceful

SOME years ago when Eidul Azha would be in sight, a couple of thoughts cropped up in the mind and in concerned conversations of citizens. One thought related to the acceptance that subsequent to the sacrificing of animals there would be the messy sight of streets and neighbourhoods reflecting failure of the system to remove the offal.

The second thought related to the collection of hides and skins and there were worries and anxieties of Karachiites which would surface in conversations. Not just that, but there would be conflict and confrontation as a result of the tense, even violent competition among the organizations authorized to be in the business. Even unauthorized collection was witnessed, and often Karachiites were helpless and vulnerable, both.

These two were amongst other factors that enabled the vast city of Karachi to celebrate its Eid in a festive and relaxed mood. Before I talk of the specific mood of Karachi on Friday, the third day of Eidul Azha, it is essential to mention that the city was amazingly clean all through the Eid days, and it was obvious that the city government, for which this was the first Eid, after the new management team was inducted into office, following the recent local bodies polls, had done its planning right. And therefore along with sheer effort, hard work, and with an eye for detail, it was ensured that the city does not suffer any further due to the extra load of sewerage and sanitation.

For all the little moving around that I have done on the city’s roads I haven’t come across any sign of neglect when it comes to the removal of offal of animals sacrificed. I was talking to a friend, who even went on to say that it seemed that in some areas there had been no animals sacrificed. The cleanliness operation was swift, timely, and that was what really mattered. One is certain that this gave to the religious festival the peace of mind that one’s neighbourhood was clean.

I have been talking to some others on this welcome improvement this Eid and it was felt that a significant contribution has also been made by sheer public opinion. This means that over the years there has been created public opinion on this subject. The public, even if it doesn’t pay its taxes and dues, is demanding when it comes to a cleaner city.

Local bodies leadership has begun to realize that a steady devolution of power (howsoever critical people may be of it) is creating public opinion, which serves as a pressure on those in good offices. They, therefore, need, and want to deliver. Perhaps it is not that easy to survive on promises alone?

Another Karachiite was so astonished at the way the city was cleaned during the Eid days that he kept his fingers crossed on this subject. With there being no newspapers for two days, he said that he would like to hold back his opinion until the newspapers came. They would publish photographs of streets and roads where there were problems of uncollected garbage. He couldn’t find any newspaper with photographic evidence, except that he saw some press statements which were saying that the city government had failed. No evidence to this effect, please note. As I asked a gentleman for whom it is a job to scan the newspapers for professional reasons, he said that there was not a single photograph showing where the City District Government Karachi had failed.

It is relevant to mention here that City Nazim Syed Mustafa Kamal, through a press release, has said that in the three days of Eidul Azha 2006 as many as 1.05 million offal have been removed from the 18 towns in the city. He has disclosed something else that mirrors another aspect of the city. He said that there has been a hundred per cent increase in the number of animals sacrificed this year. The number he quoted for last year was between 500,000 to 550,000 for last year. Does it not mean that people have spent more on buying sacrificial animals, despite the fact that there was a constant complaint that the prices were higher this year. Perhaps what people did was that instead of going for the goat or the sheep, they went for the cows, and availed of the collective option that was being offered by an increasing number of organizations this year. That reflects the changing face of Eidul Azha in a way. Signs of the times, probably.

On the evidently peaceful smooth process collection of hides and skins this year, there is a statement that appeared on the first day of Eid in local press that also needs to be taken notice of. The city government announced that it “had allowed 401 social organizations and seminaries to collect the hides and skins of sacrificial animals within the limits of Karachi district.” There were other rules of the game announced, and what is more important that there was an overall orderly management. One wonders whether here too a public opinion is emerging whereby citizens demand the freedom to decide whom they wish to give the hides and skins to.

And what really has happened to the distribution of meat? There is one view that meat distribution in a city that has expanded so much is now being avoided. They prefer to distribute all of it, to the needy, rather than to the sort of selective friends and family members. There is so much hassle in the limited time that is available, said one housewife. Another housewife said that she preferred to hold on the meat and distribute it to the needy and the deserving, in the coming weeks. And that this is what many recipients also prefer. On the point of the distribution of meat, there is so much that can be said.

Let me return to the subject of Friday, as a third day of Eid. Officially open, it seemed that the city was in reality closed. The markets were closed, and so were many offices. Those who came worked less than normal. Traffic on the roads was so thin that it reminded me of the Karachi of the sixties.

All said and done, this was an Eidul Azha which once again demonstrates the city’s desire to live the dreams that it has. Surely, our dreams are intact.