Plebiscite march: an opportunity lost
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Public response on August 18, 2008, rightfully sat well with the claim that it was a 'Plebiscite March'. People from all disciplines of life and from every corner turned up to increment the numericals of a vast sea of humanity. The march, number of memorandums and slogans have raised many new questions, in regard to the ability of our leadership to make a well informed and mature judgement, today and beyond many tomorrows.
Although the leadership and others deposited a total of over 400 memorandums with UNMOGIP office in Srinagar, yet the speeches and the slogans did not reflect the 'universality' of character in their approach. It is not only India and Pakistan that need to be addressed during a 'Plebiscite March' speech, slogan or a memorandum but the call has to be universal, in keeping with the universality of the right of self-determination.
First and foremost concern is, that it is the same leadership that undertook to lead the nation in accordance with a political discipline (Hurriyet Constitution) adopted by it on 31 July 1993. In no time for reasons best known to it, a faction of leadership in the Hurriyet and some others outside it decided to change the horses midstream and sold self-determination in the supermarket of self-interest.
After taking a generation to grave, putting life, honour and property through an unprecedented humiliation never witnessed in the 131 year old Rights Movement, our leaders without any regard for the universal character of 'Plebiscite' agreed to join the military brigade of General Pervez Musharraf. Kashmiri leadership cascaded from the juridical heights of the case down to sell a 4-point formula of General Musharraf.
The formula included further division, 'curbing all militant aspects of the struggle for freedom', allowing a 'self rule', 'without allowing an international character' and keeping it 'short of independence' and introducing a 'joint management'.
Musharraf spoke as if the people of Kashmir were slaves purchased by him and he had loaned money to the Maharaja during his purchase from the British. It seems that these leaders have reconciled to the fact that Musharraf formula has passed its sell by date and people have to be reminded of a 'Plebiscite' once again. One should not begrudge the right of a leader to revisit his or her wisdom in the matter. However, the said leaders have to be made answerable for the 'proceeds' of the sale. They have to account for their acquired riches and other benefits that came their way from 1990.
Could these leaders be trusted in character and in the understanding of Kashmir case once again? Plebiscite March was a serious occasion and it seems that it has been once again turned into a 'fun fair'. A 'Plebiscite March' should have nothing to do with the slogan 'Teri Mandi Meri Mandi Rawalpindi Rawalpindi' or "India beating UN cheating" and "Islam means peace for humanity."
The first and foremost slogan should have been "honour the freedom of travel" of the people of Jammu and Kashmir in accordance with the UN Resolutions. The slogans and speeches should have demanded the setting up of three governments at Srinagar, Muzaffarabad and Gilgit in accordance with UN mechanism on Kashmir. The demand of three UN supervised governments would have revived the universality of the issue.
After cataloguing a good and exhaustive list of grievances against India, it would have been in the goodness of good character and good conscience of the Kashmiri leaders to ask the Government of Pakistan why did it fail to raise the Kashmir question at the UN for 30 years and 9 months, that is, from November 5, 1965 to September 15, 1996, when it attracted rule 11 of procedure rules of UN Security Council and was clubbed with 50 other items for deletion. Kashmir is no more on UN Security Council agenda in the manner in which it continued to be for 48 years from January 6, 1948 to September 15, 1996. It is now subject to an annual reminder.
Kashmiri leaders who opted to sell General Musharraf's 4-point formula and on August 18, 2008 had the cheek to lead the 'Plebiscite March' in Srinagar have to explain the valiant and trusting people, as to why General Musharraf skipped any reference to self-determination while he addressed the 61st Session of the UN General Assembly on September 19, 2006.
Musharraf's sales persons are answerable to the people as to why their regular host in cash and kind in Delhi, Riaz Mohammad Khan, foreign secretary, again betrayed the Constitution of Pakistan, the trust of the people of Kashmir and UN Charter obligations and did not make any reference to self-determination of the people of Kashmir while he addressed the 62nd Session of the UN General Assembly on October 2, 2007.
It is not only the Kashmiri politician who would be accounted for squandering away the 'Plebiscite March' opportunity but various other opinions and disciplines of the civil society remain equally responsible for turning a serious occasion into a fun fair. One cannot deny the fact that every faction that has surfaced after 1990 seems to have a hidden desire to run for evidence and appear in a photo. These photos are invariably routed to Islamabad, Delhi and to various other destinations for favourable consideration.
And this hidden desire for a photo itch has made this occasion and many other occasions, as lacking in substantive merit. One such example is the 673 page (six hundred and seventy three) report of Jammu and Kashmir High Court Bar Association, published with compliments of Kashmiri-American Council in August 1994. It is demoralising to point out that UN, European Union, Commonwealth, OIC or any other institution has never considered any sentence of this report as a 'credible quote'.
Non-migrant Kashmiri Pandits and Sikhs also submitted the memorandums demanding right to self determination. However Government of India has not been without a benefit. I am confident that its sympathetic schools of opinion would have used lense and the audio to record the new slogans in particular, 'Ragda Ragda De Ragda, Bharat Ko Ragda', 'Kashmir Ki Mandi Rawalpindi', 'Bharat Teri Mout Aaye, Lashkar Aayee, Laskhar Aaye', 'Khooni Lakeer Tod Do, Aarpar Jod Do'.
Kashmiri's have confused UN Secretary General Ban Ki Moon and the world more than they were out to explain their title to self-determination. Non-migrant Kashmiri Pandits and Sikhs too would be feeling reasonably kicked in the stomach. And others who chanted "Is Par Bhi Lenge Us Par Bhi Lenge Azadi, Yeh Mulk Hamara Hey Iska Faisla Ham Karengey", too for their aggregate role remain as unquotable quotes as the KHCBA 673 page report.
Those who chanted "Hum Pakistani Hain, Pakistan Humara Hai (We all are Pakistanis and Pakistan is ours", need to study the Hurriyet Constitution adopted on 31 July 1993 and article 257 of the constitution of Pakistan. Did we behave in accordance with the jurisprudence of Kashmir case during Plebiscite March? It is the moot question.
The writer is the secretary general of JKCHR
E-mail: dr-nazirgilani@jkchr.org