The governments of India, Pakistan and Kashmir Interim National Political Steering Committee (INPOS) shall sign an accord by virtue of which Transitional Administrative Territories (TATs) shall be created across the Tine of Control (LoC), followed by partial demilitarization and security transformation accompanied by political autonomy for a 15-year Transitional Administrative Period (TAP) and the eventual re-establishment of Kashmir as a Haven of Peace through a multi-stage process. The Accord, which shall be ratified by the Autonomous Assemblies of the Transitional Administrative Territories (TATs), shall essentially be based on the fundamental democratic principle of majoritarian political aspirations on both sides of the Line of Control (LoC) in the erstwhile Princely state of Jammu & Kashmir, recognizing the complexities and a lack of forward movement related to other solutions, including the implementation on the UN Security Council Resolution of 1948, contemplated or prescribed from time to time.
The Accord, guided by the core principles of Kashmiriyat – non-violence, human dignity, multi culturalism, pluralism, tolerance, scholarship, entrepreneurship & innovation and environmental responsibility — will reflect the following political realities:
- That several India-Pakistan bilateral accords/engagements/initiatives seeking a settlement of Kashmir issue peace — like the Tashkent Agreement, the Shimla Agreement, the Sharm el Sheikh joint Statement, the Lahore Declaration’ and the Agra Summit — have been unable to resolve this long-standing issue and the establishment of durable peace between India and Pakistan.
- That despite several major wars/military hostilities between the two countries over Kashmir, including the 1947 war, the 1965 war, the Kargil war of 1999 and the armed insurgency in Kashmir, and the major military mobilisation in 2001-2002, both the countries have been unable to achieve decisive military outcomes to be able to claim unquestionable control/administration over the erstwhile Princely State of Jammu & Kashmir.
- That an overwhelming majority of people in the Indian-administered Kashmir province, including Kargil district, and Pakistan administered Kashmir, representing circa 75 % of the total population of the erstwhile Princely state of Jammu & Kashmir, deeply resent the existing political status quo, beseech a life devoid of violence and militarization and would favor a political future guided by their centuries-old ethos of Kashmiriyat.
- That a large majority of the population in the districts of Kathua, Samba, Jammu, Udhampur, Leh and some parts of Reasi and Ramban districts espouse a political aspiration rooted in the constitutional framework of India.
- That a large majority of the population of the Gilgit-Baltistan region favor being completely merged with the state of Pakistan as a full-fledged province, accompanied with due constitutional and political safeguards, as enshrined in the Constitution of Pakistan for the provinces of that country.
The Kashmir Haven of Peace Accord will eventually pave the way towards the creation of Transitional Administrative Territories (TATs), leading to the reunification of Indian and Pakistani administered parts of Kashmir and the eventual creation of a sovereign, independent state of United Kashmir. By virtue of the accord India and Pakistan shall commit to:
- Leaving the unpleasant past behind and embarking on a new journey of cooperation, reconciliation, peace and friendship in the interests of the 1.4 billion peoples of the two countries.
- Creating political conditions in their respective countries for the necessary constitutional amendments towards establishing a legal framework for operationalizing the Kashmir Haven of Peace Accord.
- Creating the Mediation and Facilitation Group, comprising of internationally-recognised neutral and credible individuals who will facilitate the Kashmir Comprehensive Political Reconciliation Process, mediate between various political formations of divergent political ideologies across the Line of Control (LoC) and facilitate a dialogue.
- Facilitating and supporting the process of amendments to the constitution of Jammu & Kashmir and Azad Jammu & Kashmir Interim Constitution Order 1974.
- Make a formal request to the United Nations about a special session of the Security Council for a formal withdrawal of the United Nations Security Council Resolution 47, adopted on April 21, 1948, concerning the resolution of the Kashmir conflict, calling for a plebiscite.
- Agree on the notification of the Transitional Administrative Territories (TATs), including the elections for the formation of Transitional Administrative Governments (TAGs) for the 15-year Transitional Administrative Period (TAP).
- Commit to a multi-stage Demilitarisation and Security Transformation Process on both sides of the Tine of Control.
- Establishing a joint India-Kashmir-Pakistan (INKPA) Commission for Investigation and Closure of the Cases of the Disappeared People.
- Achieving durable and dignified settlement of all other issues of contention/disagreement, including the nature of the political system in Afghanistan, without jeopardising peace and stability of any of the two countries.
- Proactively cooperating in eliminating terrorism, religious extremism and violence targeted at religious minorities through information and intelligence sharing, real time preventive actions.
- Not allowing any of the two countries’ territories to be used for aiding and abetting terrorism against each other, including organized crime used by political groups/parties as a means to achieving political goals.
- Request the extension and revision of the mandate of the UN Military Observers Group in India and Pakistan (UNMOGIP) to:
- Oversee the implementation and consolidation process of the HoPe
Accord for a period of fifteen years with effect from the date of notification of the Transitional Administrative Period (TAP).
- Assume the responsibility of overseeing the disarmament and general amnesty ,processs across Kashmir.
- Oversee the demilitarization and security transformation process in both Indian and Pakistan-administered parts of Kashmir as agreed in the Kashmir HoPe Accord, during the Transitional Administration Period (TAP).
- Facilitate safe and dignified return of all the bonafide state subjects of the erstwhile Princely State of Jammu & Kashmir who live in other countries as refugees, asylum seekers and Internally Displaced People (IDPs), to any TAT of their choice, irrespective of their political and religious beliefs, including the Kashmiri Pandits.
- Provide security , and logistics support to the governments of India and Pakistan in the smooth and safe conduct of elections for the Transitional Administrative Territories (TATs).
- Oversee the border de-notification and the implementation of the trilateral Border Security Cooperation Mechanism (BOSCOM) between India, Kashmir, Pakistan (INKPA) countries.
- Support, oversee and confirm the demining process along, the existing Line of Control.
SPECIFICALLY, INDIA AND PAKISTAN SHALL AGREE ON THE FOLLOWING:
The erstwhile state of Jammu & Kashmir shall be re-organised and re-designated as four distinct Transitional Administrative Territories (TATs) comprising of –
- Gilgit-Baltistan region, involving the districts of Shigar, Kharmang, Skardu, Ghizer, Hunza, Nagar, Astore, Ghanche, Diamer and Gilgit.
- Pakistan-administered Jammu & Kashmir (PAJK), involving the districts of Mirpur, Kotli, Bhimber, Mozaffarabad, Hattian, Neelam, Poonch, Haveli, Bagh and Sudhanoti.
- Indian-administered Kashmir division, excluding Leh district, and including the districts of Kargil, Kishtwar, Bhaderwah, Rajouri, Poonch, Ramban (partly), Reasi (partly) presently falling within the administrative jurisdiction of Jammu division. (This territory shall include the district of Kargil including its three tehsils of Kargil, Sanku and Zanskar)
- Indian-administered Jammu region, comprising of the districts of Kathua, Samba, Udhampur, Reasi (with areas falling south and east of River Chenab, and including Reasi Town, Vaishno Devi, Katra and Jyotipuram), Ramban (with areas of Bath, Salaria Mohalla and Khanga falling south of Chenab River) and Jammu (its northerly extent not to extend beyond 32°45’01.6″N 74°32’20.2″E at the entrance of the Chenab river into the territory of Pakistan.
After the signing of the Accord
- Existing administrative governments in Indian-administered Jammu & Kashmir and Pakistan-administered Jammu Kashmir shall be are dissolved.
- Caretaker Prime Minister/President in Pakistan-administered Jammu Kashmir and caretaker Chief Minister and Governor in Indian-administered Jammu & Kashmir shall be designated to look after the governments until the conduct of new elections.
- Governments of India and Pakistan designate 15-year Transitional Administrative Period (IAP).
- Five Transitional Administrative Territories (TATs) shall be notified.
- Governments of India and Pakistan approach the UN for the enlargement of UNMOGIP mandate.
The formation of the TATs shall be followed by elections to the Assemblies of the TATs and formation of Transitional Administrative Governments (TAGs). A detailed proposed process for the formation of TATs, demilitarization and security transformation shall be discussed in the succeeding chapters.
The author is an International Development Professional and writer, brought up in Srinagar Kashmir , who has widely travelled in 14 countries across Asia & Afirica.Presently working and based in Cairo Arjimand has had his formal education in Engineering in Banglore University and Economic Growth policies from the World Bank Institute.