Kosovo, Kashmir and the role of international community
Ghulam Nabi Fai
Kosovo's recent independence could not have been achieved without the resolve and commitment of the international community. From NATO's military intervention (March-June 1999), followed by an adoption of sorts by the United Nation (ranging from 'transitional UN administration' in June 1999 to 'supervised independence' ending in February 2008), and the international defense of the self-determination for the Kosovar people had been crucial to the birth of this latest autonomous state. Without the overwhelming international support, Kosovo's declaration of independence, officially made on February 17, 2008 would mean less than the paper upon which it was written (especially since Serbia, Russia and China still consider the move to be illegal), and peace for the Kosovar people would never have been realized.
The strategic role played by NATO and most of the member countries of the European Union and Organization for Economic Cooperation & Development (OECD) in achieving independence and freedom for the people of Kosovo is a significant blueprint that can be directly applied to the longstanding crisis of the disputed Jammu and Kashmir in view of the fact since so many aspects of their struggle for self-determination against an oppressive foreign state are similar to that of Kosovo. Not only were both peoples forced to join a state with diverse ethnicity, language and cultural heritage, but they equally suffered a long history of human rights abuses.
It is important for us not to lose sight of the fact that the international community had made its voice heard over the issue of Kashmir in clear support of self-determination as they did with Kosovo. As early as April 21, 1948, the United Nations Security Council passed Resolution 47 regarding Jammu and Kashmir, specifying that: "the final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations". The United States was not only the co-sponsor but also the co-author of this resolution. Since that time, the international community has upheld the position that Kashmir is a disputed territory whose settlement needs to be realized.
The ultra-nationalist-backed government of Prime Minister Vojislav Kostunica told an unruly mob, "Kosovo belongs to Serbia; Kosovo belongs to the Serb nation . . . No one will ever win a mandate from the Serbian people to accept such an ignoble trade-off. Never, and no one!" He added, "There is no force, no threat, no punishment severe and horrible enough to make any Serb, anywhere, ever say otherwise but Kosovo is Serbia !" Does this ultra nationalist Prime Minister of Serbia not resemble the outburst of India 's leadership? Ominously, it does. There is not much difference between the ideas of Serbian ultra-nationalists and the leadership of the Government of India.
Dr. Manmohan Singh, the Prime Minister of India said on November 16, 2004 at Hague , Netherlands " Jammu and Kashmir is an integral part of India and it is not a matter for discussion with outside agencies." Even, the External Affairs Ministry spokesman Navtej Sarna reiterated on March 15, 2008 " Jammu and Kashmir was an integral part of India." An unbiased observer would certainly find a striking similarity in both the arrogant stance of India and Serbia. This striking similarity may not be immediately visible to domineering groups, but the success story of Kosovo proves that unjust subjugation cannot be perpetuated forever.
The history of Jammu and Kashmir and Kosovo are not only akin, but the risks associated with maintaining the status quo are also similar. In Kosovo, the continual postponement of the international community to determine its 'final status' lent itself to years of instability and suffering. Likewise, the crisis in Jammu and Kashmir has become a massive source of tension between India and Pakistan and has brought these two countries at times to the brink of nuclear catastrophe. Resolving the issue of Jammu and Kashmir would certainly go a long way to achieving peace and prosperity for both India and Pakistan .
The Kosovo Declaration of Independence beautifully encapsulates the true sentiment of a people that have endured senseless and prolonged suffering under an oppressive foreign regime. The Declaration expresses the desire to build a society that honors human dignity, confront a painful legacy of years of strife and violence, promote and honor cultural diversity, create a democracy that expresses freely the will of its citizens, achieve the highest standards of human rights and good governance, protect human rights and the fundamental freedoms of all its citizens, and contribute to the realization of international peace and stability.
Kashmiris can surely identify with the document's affirmations because all of its tenets, especially those espousing the protection of human dignity, rights, and freedom have been grossly withheld from their lives. The people of Jammu and Kashmir have been subjected to gross human rights violations, including custodial killings, army brutality, beatings, torture, violence, reprisal attacks against civilians, kidnappings and disappearances, destruction of personal property, family unit destruction leaving children orphaned and homeless, child abductions, starvation and disease, massive psychological illnesses (including depression, bipolar disorder or schizophrenia) resulting from trauma of daily violence, and sexual exploitation.
Kashmir does present itself as an even greater problem since there are an estimated 700,000 Indian military and paramilitary forces in Indian Occupied Kashmir. In total, Kashmir is one of the most heavily militarized places on our planet. The European parliament calls it the most beautiful prison on earth.
Following the Kosovo model, the international community under the enforcement leadership of NATO should rally behind the cause for the self-determination of all peoples and should seriously contemplate upon the need to effect a 'peace' presence in Jammu and Kashmir in order to curtail further abuses of the Kashmiri people. Moreover, a temporary UN administration should be established to oversee an UN-supervised democratic election to determine Kashmir 's future. The people of Kashmir should be allowed to freely exercise their right to self-determination without any form of external coercion and intimidation.
History, in hindsight, should not only provide lessons learned in what ought not to be repeated, but should also be instructive in what examples to follow when desirable outcomes are actually achieved. The suffering of the Kashmiri people have gone on for too long. It's time to make our united international voices heard so that a final peaceful resolution can be enforced - one that is aligned with the principles of self-determination.
