OPINION ; India-Pakistan Summit level dialogue in Srinagar

In recognition of the fact that the status quo was not serving the interests of the two countries, with significant risks to the long term peace and stability of the two countries, India and Pakistan shall embark on a bilateral Summit-level dialogue process mandating the facilitation of facilitating the Kashmir Comprehensive Political Reconciliation Process (KASHREP) across the Line of Control in Jammu & Kashmir towards developing a consensus on the Kashmir Haven of Peace (HoPe) Framework as the final settlement of the Kashmir issue’. Such a reconciliation process shall be guided by some fundamental principles of Kashmiriyat viz. Kashmir’s freedom and dignity, tolerance, moderation and inclusiveness. In order to create a favourable environment for the peace and reconciliation process, the summit-level dialogue shall include an ice-breaking agreement on:

• Complete ceasefire along the Line of Control and International Border.
• Release of all political-prisoners in Indian-administered part of Kashmir.
• Release of all political prisoners in Pakistan-administered Kashmir, including those who have espoused a political ideology other than Kashmir’s accession to Pakistan.
• Withdrawal of extra-constitutional laws like the Armed Forces Special Forces Act (AFSPA), Public Safety Act and Disturbed Areas Act in Indian-administered part of Kashmir.
• Making a joint request to the United Nations for enlarging the mandate of the UN Military Observers Group in India and Pakistan (UNMOGIP) for overseeing the Disarmament, General: Amnesty and Social Reconciliation (DISGASOR).
• An announcement of cessation of hostilities by the Muzaffarabad-based United Jehad Council (U.J.C)., including support to the Kashmir Haven of Peace settlement process.
• Creation of the Mediation, Dialogue and Reconciliation Facilitation Group (MEDFAR Group) for facilitating the Kashmir Comprehensive Political Reconciliation Process (KASHREP).

ICE BREAKING ENGAGEMENT PROCESS

Creation of the Mediation, Dialogue and Reconciliation Facilitation Group (MEDFAR Group)

India-Pakistan summit level agreement shall be followed by the designation of a Mediation, Dialogue and Reconciliation Facilitation Group (MEDFAR Group ) , which shall be a body of neutral and internationally reputed mediators with successful international experience in conflict resolution, mediation and peace-building . India and Pakistan may seek assistance from the office of the Secretary General of the United Nations for identifying the members for the group, and finalise the same in mutual consultation. This mediation group shall have the following terms of reference :

1. The MEDFA Group shall be responsible for developing a road map on the Kashmir Comprehensive Political Reconciliation Process (KASHREP)
2. The MEDFA Group shall facilitate dialogue between various political formations of Jammu & Kashmir for political reconciliation, paving the way towards the agreement on HoPe Accord.
3. The group shall facilitate trainings in peace-building, conflict resolution and reconciliation for the leaders and negotiators of all key political parties of Jammu & Kashmir through workshops and a plenary conference.
4. d) It shall, mediate and seek agreements from all key political stakeholders of Jammu & Kashmir on a comprehensive amnesty process for former soldiers, militants and other combatants. Once agreed the agreement shall be signed between the representatives of INKPA.
5. e) The group shall facilitate a dialogue between the political representatives of Pakistan-administered Kashmir and Indian-administered Kashmir in finalizing the modalities of re-unification and post TAP government formation.
6. f) Shall coordinate with the governments of India, Pakistan and the UNMOGIP for the arms surrender by militant groups and smooth conduct of elections to the Transitional Administrations.

DISARMAMENT, GENERAL AMNESTY AND SOCIAL RECONCILIATION PROCESS ( DISGASOR) PROCESS

Transitional violence is known to sow seeds of a new cycle of retribution and instability in newly-created independent political entities. South Sudan’s chaotic transition to independence and its inability in achieving political reconciliation is a testimony to that in contemporary times. Historically, societies that have embraced forgiveness have witnessed longer-lasting peace and stability compared to those that chose revenge and exclusion. For ushering in an era of durable peace and social reconciliation, it would be critical that the subsequent Transitional Administrative Period (TAP) is free from violence, retribution and disharmony. Towards that a Disarmament, General Amnesty and Social Reconciliation (DISGASOR) process shall commence on both sides of the LoC stipulating that:

1. a) Prior to the conduct of the elections to the Transitional Administration Territories (TATs), all the militant groups shall voluntarily submit their arms to the UN Military Observers Group (UNMOGIP) offices in Srinagar and Muzaffarabad during a specified time period. Those political activists/combatants from Indian Administered Kashmir (IAK) who had crossed over to Pak-Administered Kashmir (PAK) after 1990 or before shall return and be re-united with their families with safety and dignity. Similarly, any combatants from Pakistan or Pak-Administered Kashmir (PAK) present in Indian Administered Kashmir after handing over their arms to the UNMOGIP office in Srinagar shall return to their native places in Pakistan or Pak-Administered Kashmir (PAK) with safety and dignity.
2. b) Surrender of all arms and ammunition by the state-supported Village Defense Committees (VDCs) and any other militias before the respective District Commissioners in the presence of UNMOGIP representatives in Indian-administered Jammu & Kashmir.
3. c) Release of all political prisoners on both sides of the Line of Control(LoC).
4. d) Bona fide state subjects of the erstwhile Princely State of Jammu & Kashmir presently living in India, Pakistan or other countries as refugees, asylum— seekers and Internally Displaced People (IDPs) shall also have a right to safe and dignified return and choose to live in any of the newly-designated Transitional Administrative Territories (TATs).

Under this process, all major political parties / platforms of Jammu & Kashmir shall agree that coinciding the future notification of the Transitional Administrative Period (TAP), there shall also be general amnesty and opportunity of safe and dignified integration into the Kashmir TAT for the following categories of people;

1. a) State subjects of Jammu & Kashmir serving in Jammu & Kashmir Police, Indian Army, AjK Police, Pakistani Army, including those against whom there are attributions of state-sponsored violence, (In case of acts of violence that would qualify as “war crimes” as per the International Humanitarian Law’, either perpetuated by State Subject state actors or non-state actors, minor jail terms could be considered if a resolution to that effect shall be passed by the Kashmir-TAT and PAK-TAT Assemblies.
2. b) State Subject leaders and members of political parties that had participated in elections and had been part of the Administrative governments in both Indian-administered Kashmir (IAK) and Pakistan-administered Kashmir.
3. c) State Subject government servants, including senior civil servants, who had served the government of India and Pakistan either in Jammu & Kashmir state or in other states/provinces of India or Pakistan,.
4. d) The descendants of the last ruler of the Princely state of Jammu & Kashmir Maharaja Hari Singh, possessing properties and other interests in the territories of United Kashmir, shall be entitled to own those properties and live in Kashmir as and when they wish to do so. They shall be entitled to citizenship of United Kashmir HoPe should they decide to be the citizens of the new entity: They shall also have the right to own the properties they hold should they decide against the citizenship of United Kashmir.

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.