Kashmir Conflict: No End In Sight

The historic Kashmir dispute is an extremely complex problem; policy recommendations and their subsequent implementation might take a considerable period of time to reap constructive results and there is no end in sight to the ongoing human rights violations of the Kashmiri people. 

UN Security Council Resolution 47 (1948) recommended three steps to resolve the Kashmir problem, i.e. (i) Pakistan had to withdraw its nationals that entered Kashmir to fight, (ii) India had to progressively reduce its military forces to the minimum level required for law and order, and (iii) India had to appoint a plebiscite administrator nominated by the United Nations who would conduct a free and impartial plebiscite. Pakistan adhered to its part of the bargain but India has consistently refused to live up to the obligations it agreed to and it has instead created a grave human rights tragedy by its violent and merciless actions against Kashmiri civilians. Article 1(1) of the UN Charter is very clear that the purpose of the UN is “to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace.” Significantly, by virtue of resolution 47 (1948), as the mightiest nation in the world, the USA was given a key role to play by the president of the Security Council, Mahmoud Fawzi Bey of Egypt.

Prime Minister Imran Khan arrived at the White House for his long-awaited meeting with President Donald Trump on Monday, 22 July 2019. The meeting was of immense importance, precisely because it was Imran Khan’s “first one-on-one meeting with US President Donald Trump.” Hence, it was an incredible opportunity to renew diplomatic ties. Even though, the meeting was quite an important development in international politics, nevertheless, it might be worthwhile to look into the contemporary relevance of the meeting, especially with regard to the recent events in Kashmir. Perhaps one of the integral issues discussed during the meeting was that of Kashmir. During the meeting, President Trump offered “to mediate the Kashmir issue between India and Pakistan.” He also said that Prime Minister Narendra Modi had asked him if he (President Trump) could be an arbitrator in the Kashmir issue. Continue reading

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Filed under Afghanistan, Discussion, Human Rights, India, Kashmir, Pakistan, PIIA, Politics, Trump, United States

‘One Country, Two Systems’: All Eyes on Hong Kong

We may look back at Deng Xiaoping’s words and ponder over how these protests will play out and what they herald for the future of the ‘one country, two systems’ policy … 

‘One country, two systems’ – this core principle has been the cornerstone of state policy on the reunification of China. And generating fascination, scepticism, consternation and more, this constitutional policy sought to answer lingering questions pertaining to sovereignty, administration and autonomy with regard to the mainland region of China and the Taiwan region. This principle was coined by People’s Republic of China’s (PRC) paramount leader [from 1978 until 1992] Deng Xiaoping – popularly referred to as the General Architect of Reforms – who went on to highlight its most conspicuous implication: ‘within the People’s Republic of China, the mainland with its one billion people will maintain the socialist system, while Hong Kong and Taiwan continue under the capitalist system.’ He further added that ‘When we adopt the policy of “one country, two systems” to resolve the Hong Kong question, we are not acting on impulse or playing tricks but are proceeding from reality and taking into full account the past and present circumstances of Hong Kong.’

The latter point is particularly interesting – its context leaves one contemplating what this political and administrative ideology entails for future circumstances in Hong Kong; circumstances quite like the 2019 protests that have been ongoing since the end of March and have seen especially violent escalations this week. Following the 30th anniversary of the Tiananmen Square Massacre, in February 2019 the government of Hong Kong proposed the controversial Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill which would permit extradition of fugitives to China and facilitate mutual legal assistance. Fears pertaining to arbitrary legal processes and detainment were among the most concerning, as stated by organisers of the protests and pro-independence political figures. Continue reading

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Filed under China, Criminal law, Discussion, Human Rights, Pakistan Horizon, Politics, UK

Analysis of the Jadhav case in the ICJ

Jadhav’s case is based on numerous controversial and contentious premises, especially because it is yet another instance of extreme rivalry between the two nuclear-armed neighbours.

Kulbhushan Sudhir Jadhav, an Indian national and a secret military agent was arrested in Balochistan on 3 March 2016 on allegations of espionage and terrorism against Pakistan. Owing to Jadhav’s two confessional statements, one in March 2016 and the other in June 2017, Jadhav was sentenced to death in April 2017 for espionage. Meanwhile, India insisted that Jadhav was not guilty, classified this decision as a “pre-meditated murder”, and turned to the International Court of Justice (ICJ) for support and help to invalidate Jadhav’s pronouncement of guilt. As a consequence, the implementation of Jadhav’s death sentence was postponed. Approximately one year later, on Wednesday 17 July 2019, the ICJ pronounced its judgment on Jadhav’s case based on the public hearings that began on 18 February 2019. In its judgment, the ICJ had ruled that Jadhav be allowed consular access immediately, and asked Pakistan to ensure effective review and reconsideration of his conviction and sentences. This was in accordance with Article 36 of the the Vienna Convention on Consular Relations 1963 (VCCR). 

Article 36 states that “when a national of a foreign country is arrested, they must be informed of the right to have their country’s consulate notified and should also have the right to regular consultation with their consulate’s officials during their detention and trial.” Perhaps, through this verdict, the ICJ sought to fill all the possible gaps; it wanted to allow a fairer and a more acceptable trial to take place; it wanted to make up for matters that previously went unnoticed when dealing with Jadhav. The fact that Jadhav’s case has so many areas of analyses, each depicting a unique picture of the case, is noteworthy. Initially, Pakistan argued that Jadhav shouldn’t be allowed consular access. Continue reading

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Filed under Courts, Criminal Justice, Criminal law, Discussion, ICJ, India, Pakistan, Politics

Women and US-Taliban Peace Talks

Women of Afghanistan are still hopeful about a better future … 

On the surface, our world leaders protrude an aura of optimism when asked about the US-Taliban peace Talks. They talk about a world where the viral spread of terrorism by the hands of such militant groups is nothing more than a distant nightmare. An example of such portrayal is present in an interview given by the President of Afghanistan, Ashraf Ghani, who said, that ‘For the first time, the possibility for peace is really at hand. The aim of the South Asia strategy is not to perpetuate war; it is simply put as a staple of understanding within a secure South Asia’. Recently, the President of the United States of America, Donald J. Trump said that he ‘believes that great nations do not fight endless wars. He wants to end 18 years of war and bring back the US military group from Afghanistan.’ The outlook of the peace talks is believed to be positive, it creates an illusion that our world is moulding into a suburban utopia where everything is perfectly conjoined with one another to make a seemingly flawless wonderland.

However, we forget that even the said utopian wonderland tends to break under the visual perfection of its existence. Upon closer inspection into the US-Taliban peace talks we observe how society causally undermines the suffering of the silent half of the Afghan population, the Afghani women. Prior to the Taliban take over and the Soviet occupation, Afghanistan was a relatively progressive country when addressing the rights of women. Afghan women made up 50% of government workers, 70% of schoolteachers, and 40% of doctors in Kabul. After the fall of the Taliban regime, things started to look a bit better for the Afghan women, at least on paper. In the year 2004, a new constitution was approved, and the country held its first presidential elections, proclaiming that Afghanistan is henceforth a democratic state that provides equal rights to men and women. Continue reading

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Filed under Afghanistan, Discussion, Peace building, Politics, Trump, United States, Women

Reko Diq: Pakistan versus Gold Diggers

These narratives show how foreign investors are a double-edged sword for Pakistan. TCC was suspected of lending support to Baloch separatists. 

Pakistan has recently been garnering a lot of attention in international tribunals. A recent case is the Reko Diq case, which led to arbitration in the World Bank’s International Centre for Settlement of Investment Disputes (ICSID). In Tethyan Copper Company Pty Limited v. Islamic Republic of Pakistan (ICSID Case No. ARB/12/1), ICSID has ruled that Pakistan has to pay a $5.8 billion penalty to a mining company, the Tethyan Copper Company (TCC). It is an oddity that the Pakistani public has been disabled from knowing the full details of the ICSID arbitration judgment. The condition for the publication of the award is that both parties must consent to its publication and apparently there is no consensus that it should be published, or alternatively there is consensus that it should not be published. Either way that is rather opaque and lacks transparency. Yet we do know the identities of the arbitrators and the costly law firms employed by the parties and all the procedural steps in the arbitration (which is rather pointless indeed without knowing the full and exact details of the final arbitration award). 

It is rather appalling that the award is not in the public domain and the people of Pakistan are being denied access to the full details of the decision. Reko Diq is a region in Balochistan that has large gold and copper reserves. TCC acquired an exploration license in 2006, buying it from the company BHP Minerals. Though this seems a very recent mining project, TCC itself is a joint venture by other foreign companies, and BHP had been granted licenses since 1993 by the Balochistan Development Authority (BDA) under the Chagai Hills Exploration Joint Venture Agreement (Chevja). Now that TCC was exploring Reko Diq’s reserves, it completed its feasibility study in 2010, and applied for a mining lease, but it was denied. Chevja had been challenged by petitioners before. In 2013, the Supreme Court decided that the agreement (Chevja) was void ab initio. In 2009, the provincial government had already terminated Chevja. Continue reading

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Filed under Accountability, Balochistan, Corruption, Courts, Discussion, Economy, Legislation, Mining, Pakistan, World Bank

India’s tit-for-tat policy in its trade war with the United States: A master stroke or miscalculation?

India has long had a field day putting tariffs on American products. No longer acceptable!

Because the G-20 failed to restore the international trade order, on 9 July 2019 American President Donald Trump fired off yet another Twitter attack. This tweet from the US President was posted after a few days of the G-20 Summit, when he met Indian Prime Minister Narendra Modi at the sidelines of the G-20 Summit late last month, where the two leaders agreed upon further meetings to resolve the escalating matter of trade disputes which included import quotas on agricultural goods and to put price caps on medical devices. The other hindering topics included:  outsourcing of intellectual property protections on generic drugs. Moreover, ever since taking office, President Trump has focused on reducing bilateral trade deficits to reduce national security impact of steel and aluminum imports, however, a deadlock was avoided up until the recent but significant change in Prime Minister Modi’s approach after getting elected for a second term.

The decision to revoke India’s status for special trade treatment and the slap back tariffs by India on US goods and services has quickly led Washington and New Delhi towards an impasse. The desire 0f the Modi  government to please domestic constituencies has further aggravated the situation to a tit-for-tat stand-off and India has escalated a trade battle by slapping new tariffs on American goods, a battle that was never worth fighting and may now indeed backfire. Furthermore, India had announced retaliatory tariffs back in June last year, but they were recently implemented. The 120% tariffs on US goods and services are limited in nature and largely symbolic but show a shift from restrain to a tit-for-tat policy by India. Modi government’s shift backward on market openness, with increasing tariffs on a few dozen goods, new regulations on e-commerce and a push for data localization in its growing digital economy is what has upset the Trump administration. Continue reading

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Filed under Discussion, Economy, India, Pakistan, Politics, Trump, United States

Mr Tariq Khosa discusses security and governance challenges facing Pakistan

Pakistan’s national objective is based upon pursuing social justice through peace and security …

On Saturday, July 20, 2019, former Federal Secretary, Inspector General of Police and Director General FIA, Mr. Tariq Khosa, visited The Pakistan Institute of International Affairs, where he addressed the members of the Institute on Internal Security and Governance Challenges confronting Pakistan. He started his speech by explaining that he does not have any political affiliations or any personal agenda. He expressly stated that his lecture did not intend to offend any segment of society. While discussing terrorism and internal security challenges he focused on three ‘Ms’, (i) Mullah; by which he meant religious extremists, who by design deliberately promote a mindset that proliferates violence, (ii) Military; who he said are the big part of the problem, yet they are a bigger solution to those issues, and (iii) Militants, in shape of non-state actors who have eroded the authority of the state. He spoke about the Karachi Operation which started under the command of the Karachi police force, with the support of Intelligence Bureau, in September 2013. 

He explained that since 2013, terrorist incidents in Karachi have declined by 70%. Subsequently, 373 terrorists were killed and 521 were arrested from 2015 till 2018. Unfortunately, the police faced the major brunt of this operation, with a total of 450 police officers who were martyred, 163 in 2013 which reduced to 6 in 2018. Mr. Khosa recounted that it was not the Pulwama Incident which made us change our strategy on the use of non-state actors, but that the decision was taken along with the present government in January 2019, emphasizing that there would not be any non-state actor in the future. However, the efficiency of this policy is yet to be seen. He further explained how the Police Reforms were constituted by the Supreme Court, in a committee of serving IGs as well as nine retired IGs who had served in all the provinces and have come up with a seven-point agenda to reform governance issues. Continue reading

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Filed under Accountability, Criminal law, Discussion, Events, Human Rights, India, Karachi, Pakistan, Pakistan Horizon, Police, Politics