Legal status of J&K unquestionable: India
Next round of talks from November 5
From Amar Chandel
Tribune News Service

ISLAMABAD, Oct 17 — India today put it across firmly to Pakistan that the best confidence-building measure would be an immediate cessation of terrorist activities in Jammu and Kashmir and that the legal status of this Indian state was in no way under question.

Three hours of concerted talks here this morning did not bring the 50-year-old problem any closer to solution but what is important is that the two sides now seem to realise that there is no go except moving in one direction, howsoever slow the march might be.

The two Foreign Secretaries would now discuss the confidence-building measures as well as Kashmir in the second round of talks. Before that, the New Delhi round of the current talks will take place from November 5 to 13 where the other six identified topics — Siachen, Wullar barrage project/Tulbul navigation project, Sir Creek, terrorism and drug trafficking, economic and commercial cooperation and promotion and friendly exchanges in various fields — would be discussed by officials of the two countries.

There was no breakthrough but there was no setback during the talks held today and yesterday. It is worthwhile to remember that when talks were held in 1994, Pakistan was determined on discussing only Kashmir and that too, nothing less than plebiscite.

In a terse one-line statement after the talks, an official Pakistan spokesman said that the two Foreign Secretaries today discussed the Jammu and Kashmir issue in a frank and candid manner and a final joint statement would be issued tomorrow. He was flanked by the two Foreign Secretaries, Mr K. Raghunath and Mr Shamshad Ahmad.

From the Indian point of view, it is significant that when Foreign Secretary K. Raghunath underlined that Jammu and Kashmir was being discussed only as a part of the composite process, Pakistanis had no difficulty in recognising this.

The Indian Foreign Secretary also emphasised that while discussing Jammu and Kashmir, it was important that the "sources which had led to a deterioration in the situation" were identified and analysed. This was obviously a reference to Pakistan’s instigation and support to terrorists and its nuclear programme. Sane elements on both sides are aware that there is a need for putting in place a mechanism to ensure that the apprehensions that have arisen following the blasts at Pokhran and Chagai can be effectively addressed. Progress on that count can also effectively deflect the steady pressure which the world opinion has put on the two neighbours.

Mr Shamshad Ahmad said it would have been unrealistic to expect any breakthrough on the Jammu and Kashmir issue, which he termed as the most complex issue that the world faced today. Today’s meeting provided them an opportunity for a useful exchange of views. Both sides retreated and re-iterated their positions.

The nexus between extremists, Pakistan and Pakistani agencies was mentioned at length. There were written accounts by some of these groups openly publishing lists of Pakistanis who had died fighting against the government in Jammu and Kashmir.

The deviations injected by Pakistan in the Kashmir areas under its illegal and forcible occupation had made the UN resolutions inapplicable.

India was keen to discuss the whole gamut of the complexities but in a realistic manner. Tomorrow there will be a joint conference.

The Indian side is satisfied that both sides entered the discussion realistically, and with sobriety. The atmosphere was candid and frank. The talks were described as a "straight, professional exchange." The Indian tone was neither accusatory nor defensive.

In a significant backdrop of the talks, Prime Minister Nawaz Sharif yesterday announced unilateral release of all Indian fishermen and boats in Pakistan’s custody. India is likely to reciprocate the gesture. There are 140 Indian fishermen and 50 to 60 other civilians in Pakistani jails. At least 182 Pakistani fishermen are in Indian jails.

Most fishermen stray into the other country because they do not have adequate navigation facilities and the maritime boundaries are not clearly demarcated. Here will be an attempt to ensure that except those cases where the fishermen are found to be carrying contraband goods, the normal fishermen would be released after a warning. India has already released Pakistani children in Indian jails.

The concern on terrorism in Jammu and Kashmir was conveyed to Mr Aziz also.

When the two Foreign Secretaries said that a solution of the problem will take considerable time and discussion, a Pakistan journalist asked Mr Raghunath whether there was any chance of the talks coming to fruition during his tenure. The Foreign Secretary refused to be provoked and simply stated that the two countries were on the threshold of a new chapter.

While going in for the talks this morning at Punjab House, Mr Shamshad Ahmad did not paint a very rosy picture. He said there was no change in the traditional stand of either country.

He pooh-poohed the Indian accusation that Pakistan was fomenting trouble in Jammu and Kashmir. The best way to verify facts was to have neutral observers from any part of the world on both sides of the line of control. Pakistan has been pressing for increasing the strength of UN observers in Kashmir.

The Indian line is that the best confidence-building measure is cooperation between the two countries, particularly for better economic ties. But this logic flounders at the stumbling block of Pakistan’s insistence on remaining stuck at the Kashmir hurdle. A basic rule of diplomacy all over the world is to put aside the smaller problems and then go in for the bigger ones. But by banging one’s head against a concrete wall, an opportunity to find the smaller openings is being lost. India has made it clear repeatedly that the dialogue is composite and Jammu and Kashmir would be discussed only in that light.

Some real progress is very important for India, because its concerns go well beyond Pakistan, even South Asia. That is why it has agreed to hold wide discussions on Kashmir. New Delhi is trying to inject three elements: one, the endeavour to explore the possibilities of cooperation, two, building trust and confidence and three, addressing outstanding issues. The bottomline is realism.