Flames of Freedom

SUMMARY OF REPORT OF DELEGATION OF

EUROPEAN PARLIAMENT ON KASHMIR

FOREWORD

The Committee on Foreign Affairs, Human Rights Common Security and Defence Policy of the European Parliament issued the Report of its Adhoc Delegation on 27^th July, 2004. The Delegation visited both parts of the State of Jammu and Kashmir to see the ground reality. In this Report the Delegation condemned the atrocities perpetrated by the Indian security forces, calling Indian Held Kashmir (IHK) “the most beautiful prison in the world”. The Delegation also recommended appointment of a Standing Rapporteur. Moreover, it called upon India to allow the United Nations Military Observer Group (UNMOGIP) to carry out its mandatory functions.

Similarly, the European Parliament in its Annual Report 2004, has again condemned the human rights violations in IHK.

Summary of the Report/Recommendations of the Delegation as well as the relevant part of the Annual Report on Human Rights, 2004 of the European Parliament is published, enabling the readers to know the ground reality in the State of Jammu and Kashmir.

(HAMID NASIR CHATTHA)

CHAIRMAN

SPECIAL COMMITTEE OF THE PARLIAMENT ON KASHMIR

SUMMARY OF REPORT OF ADHOC DELEGATION OF EUROPEAN PARLIAMENT

The Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy of the European Parliament sent a delegation, comprising its members, to both parts of State of Jammu & Kashmir. The delegation’s objective was to meet people from different walks of life, to learn their views and to have a firsthand knowledge of the situation on the ground.

The delegation visited both sides: Islamabad and Azad / Independent Jammu & Kashmir (AJK) and New Delhi & Indian Held Kashmir (IHK). The first visit took place on 8 – 11 December, 2003 and the second on 20 – 25 June, 2004.

The delegation, led by Mr. John Walls Cushnahan, comprised Mr. Bob van den Bos, Mr. David Bowe, Mr. Glyn Ford, Mr. Jas Gawronski, Mr. Reinhold Messner and Ms. Luisa Morgantini. However, during the visit of June 2004, Mr. Per Gahrton replaced Mr. Messner, who was no more Member of the European Parliament. Besides, Mr. Gawronski was also unable to accompany.

The delegation met the following dignitaries:-

Pakistan:

President General Pervez Musharraf; Ch. Amir Hussain, Speaker National Assembly; Mian Khurshid Mehmood Kasuri, Foreign Minister; Mr. Aftab Ahmed Khan Sherpao, Minister for Kashmir Affairs and Northern Areas.

AJK:

President Sardar Muhammad Anwar Khan; Prime Minister Sardar Sikandar Hayat Khan; Sardar Siab Khalid, Speaker Legislative Assembly; Shah Ghulam Qadir, Finance Minister; Leaders of Muslim Conference, Peoples Party, JKLF and All Parties Hurriyet Conference (AJK Chapter).

At Islamabad, the delegation met the EU Ambassadors, representatives of UNMOGIP and civil society.

India:

Mr. Somnath Chatterjee, Speaker Lok Sabha; Mr. Parnab Mukherjee Defence Minister; Mr. Shivraj Patil, Home Minister; Mr. Ghulam Nabi Azad, Minister for Parliamentary Affairs and Urban Development and Mr. N.N. Vohra, Special Representative of the Government of India for Kashmir.

Indian Held Kashmir:

Lt. Gen. (R) Sriniwas Kumar Sinha, Governor; Mufti Muhammad Saeed, Chief Minister and his daughter Ms. Mehbooba Mufti; Mr. Mangat Ram Sharma, Deputy Chief Minister and Mr. Muzaffar Beig, Finance Minister.

APHC:

Mr. Ali Shah Geelani, Mr. Abbas Ansari, Prof. Abdul Ghani Bhatt, Mir Waiz Umar Farooq, Mr. Bilal Lone, Mr. Shabbir Shah, Mr. Yasin Malik and Mr. Muhammad Yousaf Tarigami.

At New Delhi, the delegation also met the EU Ambassadors, representatives of UNMOGIP, NGOs, civil society and media.

Recommendations

After the visit to Azad Jammu & Kashmir (AJK) and the Indian Held Kashmir (IHK), the delegation made the following recommendations: -

Recommendation NO. 1:

We believe that there are three parties which have a legitimate interest in finding a solution to the Kashmir problem namely the Indian government, the Pakistan government and the Kashmiri people and their representatives, and therefore that all three should be fully involved.

While the delegation made it clear that it supports the current India-Pakistan dialogue, they also recognized that at least one of these parties would find any form of direct involvement (classified as “interference”) as unacceptable, nonetheless as members of a democratically elected parliament, representing over 450 million people, the delegation maintained that there are three parties with a legitimate interest in being involved in finding a solution-the Indian government, the Pakistan government and the Kashmiris.

Recommendation NO. 2:

The delegation unequivocally repudiates the use of all terrorism and violence. We demand that militant groups immediately cease their violence and that action be taken to protect human rights. We also believe that continued abuse of human rights on all sides feeds the cycle of violence. In addition, we strongly recommend better monitoring of all detainees.

While urging the creation of an environment conducive to breaking the cycle of violence and human rights abuses, the delegation also recognized that the reported human rights abuses by Indian security forces continue to feed this cycle of violence. In order to start a real process for leading to a definitive peace, there is a need for an atmosphere free of intimidation and violence. It has been alleged that most militants come from outside Kashmir, although in the Kashmir Valley itself it would appear that the majority are indigenous.

In IHK, there is a huge military presence, with approximately 1 soldier to every 10 civilians in Jammu and Kashmir. The psychological pressures of ‘stop and search’ practices and the sense of being in a war zone are strong.

Recommendation NO. 3:

We support the recent emphasis on confidence-building measures as part of the current peace process and ensuing dialogue between India and Pakistan. However, we believe that the dialogue must be meaningful and have real substance.

The delegation welcomed the steps taken by both India and Pakistan since spring 2003, including the Composite Dialogue. However, fears were expressed that this new dialogue would be no different. The message that the delegation heard time and again was that unless it made a difference to the life in Kashmir, the process was “not useful”.

Kashmiris expressed hope that they would be allowed to travel across the Ceasefire Line / Line of Control (LOC) to visit family and friends without the need for visa.

Recommendation NO. 4:

We would propose that a conference involving academics and relevant experts from both sides of Kashmir, India, Pakistan as well as from the EU, be held to examine options for conflict resolution.

The delegations encouraged further development of cross-border academic meetings and exchanges. Moreover, the delegation believed that the EU could provide an input by funding a conference, possibly to be held in two separate sessions, one in IHK and the other in AJK, with experts on conflict resolutions. Besides, the European Parliament may host meetings in Brussels or Strasbourg for parliamentarians from Pakistan, India and the two parts of Kashmir.

Recommendation NO. 5:

We would propose the establishment of cross-border bodies (e.g. on tourism, environment)

In order to involve Kashmiris in controlling their own destiny and with goodwill on the part of both India and Pakistan, cross-border bodies (e.g. on tourism, environment) should be established. The business communities on both sides of the LOC should be free to contact each other to expand trade

Recommendation NO.. 6:

We would call upon the new Indian government, in the new climate, to reconsider its position on UNMOGIP (United Nations Military Observer Group in India and Pakistan), and to enable it to properly carry out its UN mandate by once again allowing and facilitating equal access for UNMOGIP to the Indian- administered side of the LOC.

The United Nations Military Observer Group for India and Pakistan (UNMOGIP), based in Rawalpindi (Pakistan) and Srinagar (IHK) was appointed in 1949. Its mandate is to monitor and investigate all the incidents which take place (incursions, shelling, etc) on and around the Ceasefire Line/LOC and to report back to the United Nations.

The delegation called upon the Indian government to enable UNMOGIP to properly carry out its mandate by allowing and facilitating equal access to them to the Indian – administered side of the LOC.

Recommendation NO. 7:

We strongly recommend that the European Parliament’s Committee on Foreign Affairs appoint a standing Rapporteur on Kashmir.

While many Kashmiris expressed their delight at the interest being taken by the European Parliament, it is difficult for them not to lose faith in the international community because they have not really shown any enduring commitment to the problem of Kashmir, nor have they stayed long enough to get a sense of the real dimension of the Kashmir issue.

The delegation expressed the firm conviction that the European Parliament must continue to engage with Kashmir by keeping open the lines of communication and continuing to track events. The delegation strongly recommended that the European Parliament’s Committee on Foreign Affairs appoint a Standing Rapporteur on Kashmir to be the focal point for the existing contacts and to report back to the Committee at regular intervals.

EUROPEAN PARLIAMENT

Annual Report on Human Rights in the world 2004 and the EU’s Policy [2004/2151(INI)]

Remains concerned at reports of human rights abuses in the Kashmir region by members of the Indian military and police forces; calls on the Government of India to ensure that all reports of such abuses are investigated promptly by a judicial authority; strongly condemns all acts of terrorism and violence throughout the region and insists on full and open access for media and human rights organizations to the Kashmir region.

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