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India/Pakistan Relations and Kashmir: Steps Toward Peace
India/Pakistan Relations and Kashmir: Steps Toward Peace
Table of Contents
  1. Executive Summary
Report 79 / Asia

India/Pakistan Relations and Kashmir: Steps Toward Peace

The agreement between Pakistan's president, Pervez Musharraf, and India's new prime minister, Manmohan Singh, to continue talks on all contentious issues including Kashmir has inspired optimism about reduced tensions in South Asia.

Executive Summary

The agreement between Pakistan's president, Pervez Musharraf, and India's new prime minister, Manmohan Singh, to continue talks on all contentious issues including Kashmir has inspired optimism about reduced tensions in South Asia. If decades of conflict are to be settled, however, the two sides must both do much more to address grievances and deal with the legacies of a half century and avoid too ambitious an effort to attempt everything at once. They need to foster all forms of bilateral contact and improve the lives of Kashmiris, who have borne the worst of the conflict. Dialogue will have to be expanded beyond high governmental levels if real constituencies for peace are to be nurtured.

This report builds on previous work published by ICG on Kashmir and India-Pakistan relations and was written after extensive consultations with experts representing various viewpoints. It does not lay out a template for peace or what a comprehensive solution would look like because the circumstances for a diplomatic endgame are not yet ripe. Any such proposal at this stage would surely be rejected by both sides. Instead, it suggests steps forward to widen a peace process and make it more sustainable. Previous attempts to reach agreement have all faltered, often after highly-charged summit meetings. It is vital that the current attempts be structured in a way that makes them more durable and less prone to disruption by extremists or violence. Many suggestions are made throughout the paper on how to do this, and how to improve the lives of Kashmiris. The main themes are outlined below.

Five forms of dialogue will be needed to work toward a lasting peace:

Dialogue on normalisation of relations. This is already going on but will need to deal with ways to reduce the risks of conflict and develop confidence building measures (CBMs). Previously agreed CBMs have generally failed and will need to be revitalised while new links should be established to reduce risks of conflict. A wider array of economic, social, sporting and un-official "Track II" contacts should be established.

Dialogue with Kashmir. Relations between the federal government in New Delhi and the state authorities in Srinagar have improved but more could be done. There needs to be revival of debate on Article 370 of the constitution that granted Kashmir a high degree of autonomy, commitment to a ceasefire and willingness to follow through with policies aimed at improved security, human rights and economic welfare in the province. Pakistan's relationship with Muzaffarabad and the area of Kashmir under its control will also have to be reassessed: Pakistan should allow free elections there and reduce the role of security forces. It should also discuss constitutional and legal changes that undermine the governance of the area.

Dialogue within each country. Both Pakistan and India need to do more to open up discussion at home about normalisation and Kashmir. Parliamentary debates should be sustained outside times of crisis, and both sides ought to do more to explain the economic and social benefits of peacemaking. India will have to recognise the usefulness of a greater international role in supporting any peace and making progress to improve lives in Kashmir. Pakistan will need to follow through on its repeated pledges to end assistance to extremists who resort to violence in Kashmir and to halt infiltration across the Line of Control.

Dialogue within Kashmir. Kashmir is now a highly divided society. Efforts must intensify to mend the rifts between its three religious groups -- Muslim, Hindu and Buddhist -- to reduce the gulf between rural and urban areas and to deal with the issue of displaced people.

Dialogue across the Line of Control (LoC). Improved relations between India and Pakistan will eventually have to lead to greater contacts among Kashmiris across the LoC. Both sides should permit a wider array of contacts and desist from anything that would disrupt future dialogue.

All discussion on these issues will be contentious but necessary if the relationship between India and Pakistan is to gain enough ballast that it cannot again be upset as it was in 1999 and 2002 when they nearly went to war.

Kashmir has been changed for ever by more than a decade of conflict. Beyond the political discussions that need to take place, much more must be done to repair the fabric of society in a way that reduces extremism and gives new hope for the future. State Premier Mufti Mohammed Sayeed's call for a "healing hand" needs to be backed up with concerted federal and state action to boost the economy, re-establish tourism, improve human rights and security, reduce abuses by the security forces and help the many victims of the conflict.

Everything from governance to education and healthcare needs funding and inventive policymaking.

Almost all the burden of ending conflict in South Asia lies with the Indian and Pakistani governments but supportive, sustained and sensitive international assistance is also required. Direct mediation or a major UN role have been rejected by New Delhi but the Indian government should recognise that some post-conflict assistance would be useful. The U.S. has played a key role in defusing conflicts but needs to develop a longer-term policy perspective to prevent crises from blowing up. The European Union (EU) should make South Asia a greater priority and be more willing to take an active part there by promoting economic and social integration and doing more to promote democracy in Pakistan.

Any number of missteps could derail the tentative process that is now under way. India and Pakistan must recognise that dialogue will only prosper if it is gradual, sustained, and held mostly outside the glare of the media. They should resist the temptation to push the pace on contentious issues  and opt instead to move steadily toward a normalisation of relations. Additional and modest CBMs, including enhanced trade ties, would strengthen existing domestic stakeholders, create additional ones and generate an enabling environment for negotiations on the Kashmir dispute.

Islamabad/New Delhi/Brussels, 24 June 2004

Commentary / Asia

Pakistan: Challenges of a Weak Democracy

The new government of Imran Khan is repressing opposition voices and yielding to parties propagating sectarianism. In this excerpt from our Watch List 2019 for European policymakers, Crisis Group urges the EU to help Pakistan abide by its international commitments and keep supporting democratic governance.

On 30 October 2018, after Pakistan’s Supreme Court overturned the death sentence of a Christian woman, Aasia Masih (also known as Aasia Bibi) on blasphemy charges, a hardline Islamist party, Tehreek-i-Labaik Ya Rasool Allah, launched violent demonstrations countrywide demanding the verdict’s reversal. The protests ended after Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) government offered immunity to Labaik’s leadership and violent activists and permitted the movement to submit a review petition calling on the court to reinstate Bibi’s death penalty. The government’s actions appeared to relent to a group that propagates sectarian hatred and threatens the lives of religious and other minorities. Meanwhile, the military-sponsored “mainstreaming” of anti-India jihadists (notably the Laskhar-e-Tayyaba/Jamaat-ud-Dawa), which permits such groups to rebrand and enter politics without renouncing militancy, risks further fuelling intolerance and sectarianism. Mainstreaming could also entail international sanction, given that it contravenes Pakistan’s counter-terrorism commitments. Yet another challenge lies in persistent political tensions: having come to power after contested elections in July 2018, Khan’s government thus far has done little to bridge divisions between it and opposition parties. The government has targeted opposition leaders in politicised corruption trials, while security forces’ have cracked down on dissenting voices within civil society and the media.

The EU and its member states should:

  • Leverage Pakistan’s sensitivity to its international standing and aversion to isolation, urge Pakistan to prosecute Labaik leaders and activists, through fair trials and with due process, for threatening judges and public officials, attacking police and citizens, and destroying public and private properties during the November 2018 protests; at the same time, call for parliament to enact legislation to prevent the misuse of the blasphemy laws that threaten the security of marginalised communities;
     
  • Also call on the government to implement existing and enact additional laws that meet international human rights standards to ban jihadists from fundraising, recruiting, and conducting attacks within the country and in the region;
     
  • Continue to support democratic governance and the rule of law in Pakistan, including calling for due process in prosecution of cases against the opposition and press the government to protect individual freedoms. Warn Islamabad that its failure to respect freedoms of expression, association, religion and belief could adversely affect the preferential trading status it receives under the GSP+ scheme.

Rising Religious Intolerance and Violence

On 31 October 2018, the Supreme Court acquitted and ordered the release of Aasia Bibi, a Christian woman sentenced to death on blasphemy charges in November 2010. In response, religious groups, spearheaded by Tehreek-i-Labaik Pakistan, the political front of the Sunni Barelvi Tehreek-i-Labaik Ya Rasool Allah, launched violent protests countrywide, attacking police officers and citizens and destroying public and private property. By invoking highly-provocative claims of blasphemy, the several thousand Labaik protesters gained the support of many conservative Muslims. Holding “Hang Aasia Bibi” rallies, Labaik leaders accused Supreme Court judges of blasphemy, called for their assassination, and urged soldiers to mutiny against army chief Qamar Javed Bajwa, whose religious faith they questioned. On 2 November, Imran Khan’s government struck a deal with Labaik. Arguing that to do otherwise would lead to more violence, the government agreed not to take any action against Labaik leaders and supporters, releasing those responsible for inciting sectarian hatred and resorting to violence during the protests. It also agreed not to oppose a review petition to reinstate Bibi’s death sentence, to bar her from leaving the country until the Supreme Court has reached a decision on that petition, and to release those responsible for violence during the protests. Though the government may have faced a short-term dilemma in looking for a way to defuse the protests and avoid provoking wider unrest, the tensions provoked by intolerant and sectarian groups like Labaik is a problem of Pakistani authorities’ own making over decades, one that is reinforced, not lessened, by a pattern of capitulation to such groups.

Mere accusations of blasphemy can lead to death [in Pakistan], and those defending the innocent [...] have often been silenced.

Emboldened by the government’s backing down, Labaik threatened another protest on 24 November. The government, fearing more violence, quickly placed the group’s leaders and hundreds of activists under preventive detention. Although cases have been filed, including in anti-terrorism courts against Labaik’s top leadership, those men are still awaiting prosecution. The outcome of these cases is uncertain, but in similar instances in the past, the filing of charges has not led to prosecution, once immediate pressures are relieved and public attention wanes. Bibi, though freed by the courts, remains in hiding. Her case has fuelled the fears of religious minorities that the state cannot protect them if those responsible for inciting and using violence against their communities operate with impunity. Mere accusations of blasphemy can lead to death, and those defending the innocent, such as Punjab Governor Salman Taseer, killed by his guard in 2011 for supporting Aasia Bibi, have often been silenced.

Labaik’s emergence and growing influence is closely tied to Pakistan’s military and intelligence services’ longstanding use of Islamists to challenge civilian rivals by supporting their forays into political life. Reportedly backed by the military to destabilise the Pakistan Muslim League-Nawaz (PML-N) government in November 2017, Labaik at that time accused the law minister of blasphemy and besieged Islamabad, attacking police officers and civilians. The siege ended after the military concluded a deal whereby the law minister resigned and the state gave Labaik leaders and activists immunity from criminal prosecution. In another bid to undermine the PML-N by cutting into its support base in the July 2018 election, Labaik created a political front to contest the vote even as it continued to encourage and deploy violence. Exploiting popular sentiment about blasphemy, Labaik won 2.2 million votes and emerged as the third-largest party in parliament after the PTI and PML-N. It now uses its newfound political legitimacy to raise funds, recruit and propagate a hardline sectarian agenda.

Militants Deepen their Political Clout

In addition to using Islamists to weaken other parties, Pakistan’s military and intelligence services have also encouraged anti-India jihadists, including some designated by the UN Security Council as terrorist organisations, to enter politics. Most prominent is the now-rebranded Jamaat-ud-Dawa (JD) – previously Lashkar-e-Tayyaba (LeT), which was responsible for the 2008 Mumbai terror attacks – and its charity front, the Falah-e-Insaniyat Foundation. LeT/JD is included in the UN Security Council’s 1267 sanctions list. In June 2018, the Financial Action Task Force (FATF), the Organization for Economic Cooperation and Development (OECD) body that works to combat money laundering and terrorism financing, placed Pakistan on its “grey list” due to lax counter-terrorism financing laws and enforcement. Partly to avert FATF pressure, a presidential ordinance nominally banned LeT/JD and its charity front in February 2018. But the banned group was allowed to take part in the 2018 vote through yet another front, the Allah-o-Akbar Tehreek, though it failed to gain even a single seat. The presidential ordinance banning LeT/JD and its charity front has since lapsed.

In principle, encouraging militants to enter politics could help moderate them. In these circumstances, however, little suggests that will happen, given that the political participation of groups allied to the military is not conditioned on their abandoning violence or related recruitment and proselytising. Indeed, their rebranding and entry into politics appears to be a deliberate strategy to keep alive groups regarded as useful foreign policy proxies in the face of international pressure. The mainstreaming strategy, particularly as it pertains to groups on the 1267 list, poses risks for Pakistan at home and abroad. The failure to ban those groups and reform financing laws could see Pakistan listed on the FATF’s “blacklist” of “non-cooperative countries” next fall, with serious implications for the country’s reputation and economy. That failure also hinders any rapprochement with India: New Delhi refuses to resume bilateral dialogue with Islamabad, frozen since a 2016 attack attributed to Pakistan-based militants, until Pakistan takes decisive action against jihadists. For the region, the security risks inherent in the failure to demobilise such groups are grave: another major attack on India by Pakistan-based groups could bring the two nuclear-armed neighbours to the brink of war.

Crackdowns Heighten Political Turmoil

The military’s backing of the PTI and its alleged support for Khan’s government as it targets opponents fuel the political acrimony that already marked the July 2018 election. The two main opposition parties, Nawaz Sharif’s PML-N and former President Asif Zardari’s Pakistan Peoples Party (PPP), were denied an equal playing field amid reports, as noted in the EU election observation mission’s October report, “of interference in the electoral process by the military-led establishment and the active role of the judiciary in political affairs”.

Reportedly with military and judicial backing, the government is now pursuing the PML-N and PPP leadership through a legal process that is deeply partisan. Former Prime Minister Nawaz Sharif and his brother Shahbaz, now opposition leader in the federal legislature, have been indicted and imprisoned on corruption charges without due process; the government is also lodging corruption cases against the PPP leadership. Unless the government changes course, political turmoil could increase at a time when militant threats are still acute – over 200 people died in terror attacks during the election. The government would be better served by working with the parliamentary opposition to ban and prosecute groups that refuse to shun violence and that propagate sectarian hatred.

Engaging with Pakistan

The EU should push Pakistani authorities to take steps to ease political acrimony, protect minorities and stop militants entering politics without first renouncing violence. First, in line with its traditional emphasis on the rule of law, the EU should leverage Pakistan’s concerns about its international standing to urge the government to ensure due process in prosecuting cases against opposition leaders and thus help defuse political tensions. It should warn Islamabad that failure to meet its human rights obligations, particularly in respecting freedoms of expression, association, religion and belief, could adversely affect the preferential trading status it receives under the GSP+ scheme.

Second, the EU should press the Pakistan parliament to amend blasphemy laws to prevent their misuse. Aasia Bibi’s case is one of scores in which false accusations of blasphemy have placed innocent people, particularly from religious and ethnic minorities, on death row. The EU Council has repeatedly voiced concerns about the abuse of these laws, including in their most recent conclusions on Pakistan. Updating the legislation is even more important now as Labaik is exploiting the blasphemy issue to foment sectarian hatred among parts of Pakistani society.

Lastly, though the EU has called on Pakistan to work with the FATF to strengthen its counter-terrorism financial oversight regime, it should also highlight the importance of implementing existing or drafting new laws to prevent jihadists and other militants that refuse to abjure violence from operating under changed names. In its October report, the EU Election Observation Mission rightly expressed concern about the “the emergence of extremist parties with affiliations either to terrorist groups, or individuals linked to organisations that have used, incited or advocated violence”. So long as the state fails to take action against such groups, they will continue to fuel religious sectarianism and intolerance at home and threaten the security of Pakistan’s neighbours.