Friday, June 29, 2012

Interlocutors Report - Abridged Executive summary

Summary of the Executive summary

Interlocutors have met a wide cross section of the people of J&K and prepared a report "A new compact with the people of Jammu and Kashmir". Interlocutors claim to have avoided the pitfalls of viewing the myriad of issues from the prism of any one region or ethnic or religious community. They claim to have identified a list of consensual points among the stakeholders of Kashmir. To build on the consensus, a review by a constitutional committee (CC) on the applicability of all central acts and Articles of the constitution of India extended to the state after the signing of the 1952 Agreement is recommended. Interlocutor report provides guidelines for the operation of the CC which includes recognition of dual character of J&K as well as operating within the boundaries of article 370. To facilitate the work of CC, a list of CBM (confidence building measures) are recommended by the interlocutors on political, cultural and economic fronts. According to the interlocutors, the essence of these CBMs is political, economic and cultural freedom. To tread the path of this road map, a credible dialogue between GOI, Hurriyat and Pakistani governments is advocated. Interlocutors report recommends adoption of the CC by parliament with 2/3rd majority.

Abridged version of the Executive summary of the Interlocutors report


[0001] Ground work

The contents of this report are primarily the outcome of the Group’s interactions with more than 700 delegations held in all the twenty two districts of Jammu and Kashmir and the three round-table conferences (RTCs) we organized since our appointment on 13 October, 2010. The three RTCs – two conducted in Srinagar and one in Jammu – brought together women, scholars/activists and cultural workers from all the three regions of the State, viz. Jammu, Kashmir and Ladakh. Several thousand ordinary citizens also turned up at three mass meetings. Furthermore, we met militants and stone-pelters lodged in the Central Jail in Srinagar, and the families of the victims of alleged human rights abuses. The report takes into account the vast literature on Jammu and Kashmir: scholarly studies and journalistic reportages; proposals for a political settlement contained in documents issued by mainstream and off-stream political formations; publications of think tanks; reports of various Commissions and working groups established by the Central or the State government over the past several decades; and official documents related to political and constitutional developments since Jammu and Kashmir’s accession to the Indian Union.
  
[0002] Philosophical approach of interlocutors

We have sought to avoid the pitfalls of viewing the myriad issues bedeviling the State from the prism of any one region or ethnic or religious community. Our interactions revealed a wide-spread desire of people to lead a life of dignity and honor. They sought from religious extremism, intimidation and violence that compel people to flee their habitat, freedom from pressures on media, RTI activists, civil rights groups and cultural organizations, harsh laws and opaque administration.

[0003] Belief of Interlocutors on consensual points

A political settlement must be achieved.
  1. Jammu and Kashmir should continue to function as a single entity within the Indian Union.
  2. The State’s distinctive status guaranteed by Article 370 must be upheld.
  3. People must be able to exercise their democratic rights without the strains and stresses of the past, both as State subjects and as Indian citizens.
  4. The diverse aspirations of the three regions – Jammu, Kashmir and Ladakh – and of sub-regions, of various ethnic and religious groups, of people uprooted from their homes due to wars or endemic violence – must be addressed.
  5. To promote the State’s economic self-reliance, a fresh financial arrangement between the Centre and the State is required.
  6. A hassle-free movement of people, goods and services across the Line of Control and the International Border must be swiftly ensured leading to institutionalized cooperation between the two parts of the erstwhile princely State in all areas of mutual interest and concern.

[0004] Recommendation to support the consensual points
Setting up of a Constitutional Committee (CC) to review all Central Acts and Articles of the Constitution of India extended to the State after the signing of the 1952 Agreement.

[0005] Approach to be taken by CC
CC will bear in mind the dual character of Jammu and Kashmir, viz. that it is a constituent unit of the Indian Union and that it enjoys a special status in the said Union, enshrined in Article 370 of the Constitution of India; and the dual character of the people of the State, viz. that they are both State subjects and Indian citizens. The review will, therefore, have to determine whether – and to what extent – the Central Acts and Articles of the Constitution of India, extended with or without amendment to the State, have dented Jammu and Kashmir’s special status and abridged the State government’s powers to cater to the welfare of its people. The Constitutional Committee should be future-oriented in that it should conduct its review solely on the basis of the powers the State needs to address the political, economic, social and cultural interests, concerns, grievances and aspirations of the people in all the three regions of the State – Jammu, Kashmir and Ladakh – and all its sub-regions and communities.
The CC should propose a set of recommendations through consensus. The president should issue an order on the basis of Clause (1) and (3) of Article 370 of the Constitution approving the recommendation of CC. The order will need to be ratified by a Bill in both Houses of Parliament and by each House in the State Legislature by a margin of not less than two-thirds majority of the total membership present and voting in each House. It will then be presented to the President for assent. Once this process is over, Clauses (1) and (3) of Article 370 shall cease to be operative and no orders shall be made by the President hereafter under the said clauses as from the date of the final order.

[0006] CBMs to facilitate the work of CC
To facilitate the work of the Constitutional Committee, we list below our own suggestions. We seek a New Compact with Jammu and Kashmir. It covers a wide range of issues – political, economic, social and cultural.
A. Political CBMS
B. Cultural CBMs
C. Economic and Social CBMs

[0007] Excerpts from Political CBMS
Retain many of the Central laws made applicable to the State over the past six decades. The national interest will not be adversely affected if certain subjects from List III of the Seventh Schedule are transferred to the State.
Recommendations on certain issues of contention are as follows:
I. Delete the word ‘Temporary’ from the heading of Article 370 and from the title of Part XXI of the constitution. Replace it with the word ‘Special’ as it has been used for other States under article 371 (Maharashtra and Gujarat); Article 371A (Nagaland); 371B (Assam); 371C (Manipur); 371D and E (Andhra Pradesh); 371F (Sikkim); 371G (Mizoram); 371H (Arunachal Pradesh); 371I (Goa).
II. The State Government, after consultations with Opposition parties, shall submit a list of three names to the President. The President can ask for more suggestions if required. The Governor will be appointed by the President and hold office at the pleasure of the President.
III. Article 356: the action of the Governor is now justiciable in the Supreme Court. The present arrangement should continue with the proviso that the Governor will keep the State legislature under suspended animation and hold fresh elections within three months.
IV. Article 312: The proportion of officers from the All India Services should be gradually reduced in favor of officers from the State civil service.
V. The nomenclatures in English of the Governor and the Chief Minister should continue as at present. Equivalent nomenclatures in Urdu may be used while referring to the two offices in Urdu.
VI. Create three Regional Councils, one each for Jammu, Kashmir and Ladakh.
VII. Parliament will make no laws applicable to the State unless it relates to the country’s internal and external security and its vital economic interest, especially in the areas of energy and access to water resources.
VIII. These changes should be harmonized in all parts of the former princely State. All opportunities for cross-LOC cooperation should be promoted. This will require substantial constitutional changes in Pakistan-administered Jammu and Kashmir
IX. Take all appropriate measures to regard Jammu and Kashmir as a bridge between South and Central Asia.
The subjects out of List II of the Seventh Schedule that could be transferred from the State Legislature to the Regional Councils are listed in detail in our report. Among the subjects from List III transferred to the State Legislature, the State Legislature could consider delegating some of those subjects to the Regional Councils. The subjects listed in ‘A’ and ‘B’ of the agreement reached on Gorkhaland can also be considered. Meanwhile, the financial and administrative powers to be delegated to Panchayati Raj institutions will be on the lines of the 73rd and 74th amendments of the Constitution of India.

[0008] The road map
The road map towards the Goal of political, economic and cultural freedoms to people of J&K as listed in section [0003].
The Roadmap depends on the credibility of the dialogue process, implementation of key CBMs and building a consensus amongst key stakeholders.
(a) Speeding Up Human Rights and Rule of Law Reforms

(b) Amendment of the PSA and Review of the DA and AFSPA:

(c) Improvement of police-community relations.

(d) Rationalization of security installations through reducing their spread to a few strategic locations and creating mobile units for rapid response.

(e) Fast-track implementation of the Recommendations of the Prime Minister’s Working Group on CBMs, in particular;

  • Making the return of all Kashmiris, mainly Pandits (Hindu minority) a part of State policy;
  • Providing better relief and rehabilitation for widows and orphans of violence in the State, including widows and orphans of militants; and
  • Facilitating the return of Kashmiris stranded across the LoC, many of whom had crossed over for arms training but now wish to return peacefully.

(f) Fast-track implementation of the recommendations of the Prime Minister’s Working Group on Relations across the LoC.

(g) Establish a Judicial Commission to look into the unmarked graves, with an emphasis on identification of missing/ disappeared persons

(h) An empowered group to monitor CBMs to be established.


[0009] Dialogue Process

In order to take the political dialogue forward, the Group recommends:

(a) Resume the GOI-Hurriyat dialogue.

(b) Encourage Pakistan and Pakistani-administered Jammu and Kashmir to enter into dialogue on the recommendations as fine-tuned by the CC and points emerging from the GOI-Hurriyat dialogue.

(c) Agreement between India and Pakistan to promote civil society interactions for the Jammu and Kashmir on both sides of the Line of Control.


 [0010] Harmonization of Relations Across the LoC
 
There is a wide belief that no permanent or lasting solution can be achieved unless it applies also to the parts of the former princely State that are under Pakistani administration. 1994 Parliament Resolution sought a settlement for the whole of the former princely State. Any attempt of harmonization of Centre-State Relations and devolution of powers will necessitate wide-ranging constitutional change in Pakistan –administered Jammu & Kashmir.