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Kashmir Dispute - Proposed Solutions in Fifth Phase

The Fifth Phase: 1991-2001 Bhartiya Janata Party’s proposal for Kashmir Annexation

Radical demographic change has been proposed by the Bhartiya Janata Party (BJP) in India and many other Hindu nationalist organisations as a solution to the Kashmir problem. Specifically, the BJP has called for the revocation of Article 370 of the Indian Constitution. Article 370 gives special status to Kashmir among the Indian states non-Kashmiris may neither seek residence nor purchase property in Kashmir. By abrogating such restrictions and opening Kashmir to Hindu and Sikh settlement, India could transform Kashmir into a Hindu-Sikh majority state. The 1998 BJP manifesto not only clearly stated that India’s “sovereignty over the whole of Jammu and Kashmir” was unequivocal, but also committed the BJP to seine control of all areas that were “under foreign occupations.”

Summary of All Phases

Summary The Jammu and Kashmir Liberation Front’s Proposal for an Independent Kashmir

According to the JKLF, a Pakistan-based Kashmiri Organisation, and a single solution of the Kashmir issue is at once the most peaceful, practicable, equitable, legitimate, democratic and permanent. The JKLF proposes to re-unfte the divided Jammu-Kashmir State and make it an independent country, with a democratic, federal and noncommunal system of government. The country would maintain a neutral foreign policy modelled after Switzerland’s, aiming towards maintaining friendly relations with both India and Pakistan. After 15 years, there would be a referendum under UN (or IKC) auspices. This referendum could determine whether the State will retain its independence forever, or if it becomes part of India or Pakistan instead. A popular verdict will be accepted by all concerned quarters as a legitimate final settlement, and will therefore be most faithfully implemented.
An eleven member committee called international Kashmir Committee (IKC) includes one member each from the 5 permanent members of the UNSC; one nominated by UN Secretary General; two members nominated by the Non-Aligned Movement (NAM); one by Organisation of Islamic Conference (DIC); and one member each from Germany and Japan. The IKC will be responsible for implementing the solution formula in co-operation with the governments of India and Pakistan; each of the State’s three parts; and all of the Kashmiri political parties. The formula’s implementation will be carried out in five phases.

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First phase

The first phase will finalize the plan’s details, discussing it through individual contacts and collective sittings with the governments of India, Pakistan, Kashmir’s three parts, and all political parties and militant groups. The agreement will then be signed by all these stakehoiders and registered with the United Nations. An agreement about the security and the safety of the frontiers of the State will also be signed and registered with the UN.

Second phase

The second phase will entail simultaneous withdrawal from the State by all civil personnel and armed forces of both India and Pakistan. as well as all non-Kashmiri militants.

Third phase

The third phase includes the disarming of Kashmiri militants, and repatriation of those Kashmiris who fled their homes and migrated elsewhere. Those who left between CS 1947 and 1989-90 will have to choose whether to return to Kashmir permanently or remain in the country where they have been since their migration from Kashmir.

Fourth phase

The fourth phase will begin the State’s re-unification. This phase entails opening intra-state borders closed since 1949; forming an interim National Government and those for each of Kashmir’s 5 provinces (Kashmir Valley, Jammu, Ladakh , Azad Kashmir and Gilgit Baltistan); appointing a Constitutional Committee, framing an interim constitution, electing the National Assembly (House of Representatives) and the Upper House (House of . Notables), as well as the provincial assemblies/councils under the interim government. General elections should be held after every 5 years or when decided by the government.

Fifth Phase

The fifth and the final phase will be the referendum to determine whether Kashmir should retain its independence or become part of India or Pakistan. it will be held 15 years after re-unification, under the auspices of the UN or IKC. Its resulting legitimacy will ensure that the popular verdict will be accepted as the final settlement and faithfully implemented.

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