Opinions, Conclusions, and Recommendations expressed or implied by the Authors' Papers are solely those of the Author and do not represent the views of the National Defense University, the Department of Defense, or any other government agency or nongovernment organization.

 

A South Asian Peace Process

 

Ambassador John C. Holzman

 

A Golden Bus

 

Late in the afternoon on February 20, 1999 a golden bus pulled up a few yards short of the Wagah border crossing that is the only permissible road link between India and Pakistan.  On each side of the crossing lies India’s Punjab and Pakistan’s Punjab, products of the 1947 partition of British India, which precipitated the largest migration in modern times, as Muslims, Hindus, and Sikhs were uprooted from their homes to establish new lives in new countries--either India or Pakistan.  Indian Prime Minister Vajpayee stepped down from the bus and purposefully strode through the metal gates into Pakistan, the country with which India has fought three wars.  On the Pakistan side of the line, Prime Minister Nawaz Sharif greeted Vajpayee with a quick handshake and a tentative hug as guns boomed in salute.  Vajpayee was brimming with confidence and why not? India had enjoyed almost ten years of high growth and seemed bound to emerge in the coming decades as an Asian heavyweight, playing in the same league with China and Japan.  His host, Nawaz Sharif, faced a different reality—a stagnant economy burdened by huge foreign debt, a polity riven by sectarian violence, and a government in a state of advanced institutional decay.  Pakistanis were unhappy with their state and wondered if it was failing.  The two leaders boarded a waiting helicopter to be flown to Governor's House in Lahore, just twenty miles from the border.

 

The occasion was the inauguration of bus service between New Delhi and Lahore, but Vajpayee's purpose was larger--to end a half century of seemingly intractable hostility and begin a new era of peaceful Indo-Pakistani relations.  India and Pakistan's nuclear tests the previous May and their programs to develop ballistic missiles capable of carrying nuclear warheads added urgency and a new dimension of insecurity to the talks.  Arriving by bus was enormously symbolic and a public relations masterstroke: common people in both countries still mostly traveled by bus, and regular service between the two neighbors could be the first thread in an effort to stitch the open wounds created by partition.  As a reminder of the blood that still flowed from those wounds, just the day before militant separatists had gunned down twenty civilians, including women and children, in three separate incidents in Kashmir, the former princely state where Indian security forces and Pakistan-supported militants waged low intensity warfare.  The death toll in Kashmir over the past decade numbered about 20,000, including militants, security forces, and civilians.

 

The results of Vajpayee and Nawaz Sharif's meetings in Lahore more than fulfilled the wishes of those who hoped for a peace process to end hostility between the two neighbors.  In a joint declaration, the leaders said that they "shared a vision of peace and stability between their countries and of progress and prosperity for their peoples."  They pledged:

 

·        To work harder to resolve outstanding issues, including Kashmir, not to intervene or interfere in the other's affairs, and to combat the menace of terrorism in all its forms.

 

·        To take early steps to reduce the risk of accidental or inadvertent nuclear war, and to discuss confidence building measures aimed at preventing either conventional or nuclear conflict.

 

The Lahore Declaration seemed to be an auspicious beginning for a long delayed and much needed South Asian peace process.  The symbolism was there, the apparent high-level commitment was there, and there was substantive meat on the bones of the rhetoric, in that the elements of the Declaration reasonably took into account competing Indian and Pakistani interests.  India's promise to work to resolve the Kashmir dispute balanced references to non-interference in the other's affairs and terrorism, which together could be taken as Pakistan's promise to stop cross-border violence.  Vajpayee and Nawaz Sharif wisely de-linked the negotiation of nuclear confidence building measures from Kashmir--perhaps more of a concession by Pakistan, since it confronts a much more powerful India--but still an indication of healthy respect on both sides for the dangers facing the populations of the world's newest nuclear weapon states. The confidence building measures identified in a memorandum between the foreign secretaries of the two countries ranged from re-affirmations not to test nuclear weapons to improving bilateral communications, including consultations on security concepts and nuclear doctrines.  The two sides agreed to establish ways to consult on monitoring and implementing existing confidence building measures, a practice that heretofore had been almost entirely honored in the breach.  Vajpayee also visited the Minar-I-Pakistan, the monument to independence, thereby underlining India's commitment to Pakistan’s legitimacy as a nation.  The events in Lahore seemed to confirm the view held by South Asian analysts that the strategic deterrence created by India and Pakistan's 1998 nuclear tests would lend stability to their relations.  They also seemed to confound Western commentators who had warned that crossing the nuclear threshold dangerously raised the stakes in South Asia but did not alter the fundamental conflict between the two nations.

 

Naysayers

 

Despite the good feelings in Lahore, skeptical naysayers abounded on all sides, most doubting that Vajpayee's bus diplomacy would lead to much and some opposing the entire concept of Indo-Pakistani reconciliation.  Indian commentators were miffed that Pakistan's top military brass did not greet Vajpayee at the border and speculated on the significance--if any--of this perceived slight.  Their concern, however, arose from a realistic assessment of the military’s decisive role in Pakistani national security policy and that it remained the most coherent institution in the country.  After all, the military had ruled Pakistan during almost half of it existence and would exercise control over Pakistan's nuclear program for the foreseeable future.   

 

Other observers--especially those from Pakistan--commented that if the two leaders sincerely wished to begin a meaningful dialogue on Kashmir, then presumably they were considering new options that went beyond the stated positions of over fifty years.  But there was no sign that Pakistan was willing to compromise on its demand for self-determination for Kashmir, or that India would reconsider its position that Kashmir was an integral part of its Union.  Neither leader had made any sustained attempt to prepare his constituents for changes in policy to bridge the gap between the two sides.  Certainly in Pakistan a proposal from Nawaz Sharif that it was time to adopt a softer line on Kashmir would have encountered major opposition that could bring down his government.  In fact, Islamic parties demonstrated against Vajpayee's visit even while he was in Lahore.  They were driven by a profound sense of injustice that took root as far back as the nineteenth century and were not prepared to compromise "Pakistan's principled stance on Kashmir."  And within weeks of the Lahore meetings Nawaz Sharif was scrambling to assure his constituencies that he had not changed the policy of the past fifty years.  Given these realities, Vajpayee's bus diplomacy was perhaps more a leap of faith than a well-thought out diplomatic initiative.  Perhaps he had put Nawaz Sharif on the spot and the Pakistani Prime Minister had no choice but to reciprocate with courtesy or lose face internationally.

 

Breach of Trust

 

Whatever trust the two leaders created in Lahore vanished in gun smoke just a few months later as Indian and Pakistani soldiers in the Kargil sector of Kashmir engaged in the most intense fighting between the two countries in almost thirty years.  In early spring soldiers and fighters from Pakistan quietly slipped across the Line of Control (LOC), which divides Kashmir into Indian and Pakistan controlled areas, and dug into the rugged terrain near Kargil, a mountainous region at an altitude of 14,000-18,000 feet, from which Indian troops annually pulled back to escape the winter snows. The thrust was a bold attempt to seize and hold territory across the LOC.  When India discovered the intruders, it counterattacked to dislodge then while threatening to widen the conflict.  The fighting could have escalated and possibly, in the worst case, resulted in a nuclear exchange.   After six weeks of fierce battle--and the personal intervention of President Clinton--in July 1999 Pakistan's forces fell back across the LOC. 

 

Once the dimensions of the Kargil incursion were clear, it was apparent to all that the Pakistan Army must have been planning the operation even as Vajpayee's bus was rumbling up to the Wagah border crossing and the diplomacy in Lahore was going forward.  Moreover, even if Nawaz Sharif was not aware of the Army's plans at that time, he at least consented to Kargil after having pledged in Lahore to create a peace process.  The Indian government and press protested loudly that Pakistan had breached the bilateral trust created in Lahore, that Islamabad had engaged "in dialogue in winter and aggression in summer."  The government claimed that elements closely connected with the Taliban and Osama bin Ladin were “mixed up” in the affair.  Pakistan’s aim was to alter the LOC to India’s disadvantage and to allow Pakistan better access to destabilize the Valley of Kashmir where the insurgency was centered.  The Lahore dialogue could not be resumed, Indian leaders said, until Pakistan restored trust by reaffirming "the inviolability and sanctity of the line of control" and halting "cross-border terrorism" in Kashmir. 

 

Pakistan at first claimed that the fighters at Kargil were irregulars, indigenous Kashmiri insurgents acting on their own, but mounting evidence of the Army's official role soon punched multiple holes in that effort at plausible deniability.  Pakistani officials later explained that their intent was to draw the world's attention to Kashmir as a nuclear flash point, thereby stimulating the U.S. and other major powers to intervene to bring India and Pakistan to terms.  If so, then Kargil was in part the result of years of gathering frustration that so little progress had been achieved on the one issue on which virtually all Pakistanis agreed--that Kashmir was rightfully theirs and India should give it up.  Pakistan's dilemma was that while India insisted that Kashmir must be settled bilaterally, as called for in the Simla Agreement of 1972, episodic discussions between the two sides had been singularly unfruitful.  Moreover, given the entrenched positions on both sides of the issue, states from outside the region were extremely reluctant to get involved to produce a settlement. 

 

From Pakistan's point of view the reason for the lack of progress was India refusal to accept or even discuss the possibility that the status of Kashmir might be in dispute, which is the essence of Pakistan's official position.  Pakistan does not have the arms or influence to force India to take a more flexible approach--hence the need to raise the ante, to demonstrate to the U.S. and other major actors outside the region that they must engage on the issue of Kashmir to avoid a nuclear exchange.  If this was the case, and if Pakistan's initial assumption was that the nuclear tests created strategic cover, then Kargil was indeed a risky exercise in brinkmanship. 

 

However, Pakistan succeeded to some degree as demonstrated by President Clinton's role in helping to end the crisis and by his commitment to travel to South Asia, notwithstanding strong U.S. disapproval of the nuclear tests.  Clinton stated at the time that he intended to take "a personal interest" in encouraging Vajpayee and Nawaz Sharif to resume the dialogue begun in Lahore.  His view was that South Asia was "the most dangerous region" in the world.  But during his visit to India and Pakistan in March 2000, Clinton clarified to the Indian Parliament, and later to the Pakistani people in a televised address, that while the U.S. supported a resumption of dialogue between the two neighbors, it would not mediate Kashmir.

 

Downward Spiral

 

In the wake of Kargil, Indo-Pakistani relations moved from one new low to the next. 

 

·        In August 1999, the Indian National Security Advisory Board "draft report" on nuclear doctrine declared a "no first use" policy but that India would develop a "triad of aircraft, mobile land-based missiles and sea-based assets to counter any threat of use of nuclear weapons.  While official Indian policy on nuclear weapons remained undefined and perhaps less bellicose than the Advisory Board's draft report, it was not disavowed, leaving Pakistan to draw its own conclusions based on worst case scenarios.  Pakistani officials responded that they would not allow India's moves to compromise the credibility of their deterrent. 

 

·        In October 1999, General Musharraf, the chief of Pakistan's Army overthrew Nawaz Sharif and became Pakistan’s Chief Executive.  Infuriated that the architect of the Kargil operation was now ruling Pakistan, India adopted a policy of refusing to deal with the new military government, either bilaterally or within the SAARC (South Asian Association for Regional Cooperation), and of trying to isolate Islamabad.  New Delhi renewed its call on the U.S. to declare Pakistan a terrorist state and repeatedly criticized Pakistan for its support of the Taliban in Afghanistan. 

 

·        In December 1999, Islamic militants of the Pakistan-based Harakat-ul-Mujahideen--a militant organization fighting in Kashmir--hijacked an Air India flight from Kathmandu that finally came to rest in Kandahar, Afghanistan, the home base of the Taliban.  The hijackers murdered one Indian citizen and threatened to blow up the plane and its passengers unless India released from jail a Pakistan-born cleric and a large number of other individuals active in the Kashmiri insurgency.  The Taliban brokered the negotiations.  Despite a policy of having no truck with terrorists, India eventually gave in, releasing three prisoners, including the cleric.  He triumphantly returned to Pakistan where he called for jihad--or holy war--against India and founded a militant organization to fight in Kashmir.

 

Jihad in Kashmir…and in Pakistan?

 

The hijacking incident was emblematic of the changing complexion of the Kashmiri insurgency, which began in 1989 as an indigenous struggle against heavy-handed Indian rule.  Pakistan quickly moved to support the insurgents, partly out of real sympathy for the plight of the Kashmiri people, partly in hopes of demonstrating the illegitimacy of India's hold over Kashmir, and partly to bleed India in Kashmir and to tie down Indian troops.  Even though many, perhaps most, Kashmiris were no more anxious to be part of Pakistan than of India, they welcomed the help.  Pakistan's Inter Service Intelligence Directorate funneled money, weapons, and equipment to the insurgency, including militant groups based in Pakistan, trained fighters and helped infiltrate them across the LOC.  What home grown Kashmiri insurgents may not have realized was that with Pakistan's aid would eventually come growing numbers of non-Kashmiri militants, often educated in fundamentalist Islamic madrassahs in Pakistan or Afghanistan, and bent on continuing the Afghan jihad in Kashmir, not on achieving a political solution.  Pakistan Chief Executive Musharraf, an individual generally known for his secular orientation, appeared to endorse the concept of jihad in Kashmir when he stated, "Islam does not preach terrorism... Islam believes in jihad, a fight in the path of God.  Wherever Muslims are being victimized or killed, Islam asks all Muslims to come to their aid.” 

 

However, Pakistan’s embrace of armed militant Islam also carried costs for its own society.  As Jessica Stern explained in an article in Foreign Affairs, Pakistan was coping with "a principal-agent problem," where the interests of the Pakistan Government—the principal—did not coincide with those of the agent—the militant organizations.  The Inter Service Intelligence Directorate was financing and arming jihadi groups who served Pakistan's perceived interests in Kashmir, principally attacking and killing Indian soldiers and generally attempting to demonstrate that Kashmir should be separate from India.  But some of these same groups had also helped create the plague of violence that afflicted Pakistan’s own society.  Elements of the militant organizations were responsible for much of the violence in Karachi, Pakistan financial capital, which had resulted in deaths in the thousands during the past decade, and for the chronic Sunni-Shia killing--often wholesale slaughters in mosques during prayers--that had become virtually a weekly occurrence.  These same organizations had links to Osama bin Ladin and terrorism against Americans and other Westerners.  An offshoot of the group that hijacked the Air India flight took five Western hikers hostage in Kashmir in 1995 and murdered four of them.  

 

Successive Pakistan governments have tried without success over the past decade to disarm the militant organizations within their society while more precisely directing their activities to serve the state’s interests.  Musharraf’s government holds similar goals and only recently proposed a law against organizations and groups that engage in sectarian terrorism.  It has also tried to strictly implement a ban on the display of arms and making of inflammatory speeches.  However, the tangled relationship among entities of the government, political parties, and various militant groups has become such a welter of overlapping and conflicting interests, with Kashmir as the central unifying element, whatever Musharraf's intentions, his power to bend the militant groups to his will remain in doubt.

 

 

South Asian Thaw

 

The summer of 2000 brought signs of a thaw in Indo-Pakistan relations and positive movement in Kashmir, but the warming trend has yet to bear fruit in the form of direct political discussions between the two neighbors.  Weary of a decade of bloodshed, Kashmiris--not the governments of India or Pakistan—were the first to begin a process that might establish an atmosphere in which engagement would be possible, and after some hesitation and false starts, Islamabad and New Delhi joined in.  In June 2000 the Kashmir State Assembly, led by the pro-India Farooq Abdullah, petitioned the Indian government to restore Kashmir to its pre-1953 autonomous status. In July, the Hizbul Mujahideen, a major Kashmiri insurgent group with ties to Jamaat-i-Islami (Pakistan's largest mainline Islamic political party), declared a unilateral cease-fire to permit a dialogue with New Delhi.  Both efforts died aborning as the Indian cabinet firmly rejected the idea of autonomy, and Islamabad squelched the cease-fire, fearing it would be excluded from a Srinagar-New Delhi dialogue.  Pakistan's action to pull back the Hizbul Mujahideen may have ironically offered cover to Vajpayee's government, which was being assailed for allegedly contemplating negotiations that might compromise India's position on Kashmir and go against the constitution.

 

These aborted initiatives were signs of ferment across the spectrum of Kashmiri political opinion that was producing a more positive perspective and an opening for a new peace effort.  Vajpayee saw an opportunity to begin a dialogue with Kashmiris while not trying to entirely exclude Pakistan from the picture and not directly challenging India's stated position on Kashmir.  His initiative probably reflected a realistic appreciation that India and Pakistan had no choice but to move towards resumed dialogue, bound as they are by geography, a common heritage, and a growing need as nuclear weapon states to manage their differences.  It also probably sprang from Vajpayee's awareness that the troubled relationship with Pakistan was the greatest obstacle to India achieving its ambition of a larger role in global affairs.

 

In late November Vajpayee declared that Indian security forces would not initiate combat operations against militants in Kashmir during the Muslim holy month of Ramadan.  He hoped that the militants--and presumably, Pakistan--would respond gesture by ceasing all violence in Kashmir and infiltration across the LOC.  The All Party Hurriyet Conference, an umbrella organization that covers most of the Kashmiri political parties associated with the insurgent groups, welcomed Vajpayee’s initiative as a "positive change in Indian thinking."  Islamabad was at first guarded in its response, but by early December pledged that its forces along the LOC would “exercise maximum restraint.”  Pakistan also said that a cessation of military operations would only be meaningful if they were accompanied by “purposeful dialogue” and proposed tripartite talks with New Delhi and the Hurriyet.  However, the non-Kashmiri jihadi groups were hostile to Vajpayee’s initiative and stepped up their attacks on Indian security forces.  The best funded and most radical of the groups, Lashkar-I-Tayeba, carried out high profile suicide attacks against the Srinagar airport and the Red Fort in New Delhi, a symbol of Indian independence. 

 

In late December Vajpayee declared his government satisfied with the results of the “cease fire,” noting that violence in Kashmir had declined as had attempts at infiltration across the line of control, and that “relative peace” prevailed on the LOC.  Vajpayee informed Parliament that his government would extend the cease-fire for a month and “initiate exploratory steps….so that the composite dialogue process with Pakistan could be resumed.”  The phrase “composite dialogue” was taken from the Lahore Declaration and indicated that India was willing to discuss all issues, including Kashmir.  Vajpayee added that his government was steadfast in its commitment that all Indian citizens in Kashmir should participate in the country’s progress--a clear sign that India’s essential position on Kashmir had not changed.

 

In the meantime, the Hurriyet offered to send a delegation to Islamabad to consult with the Pakistan government and to persuade jehadi groups to join the cease-fire, an idea that Islamabad welcomed.  This could have been a precursor to the type of tripartite discussions that Islamabad had proposed.  However, as attacks by non-Kashmiri militants continued, the Indian Government adopted a tougher line, continuing to extend the cease-fire, but refusing to allow all the members of the Hurriyet delegation to travel to Islamabad, and insisting that "cross border terrorism" must cease before a dialogue could be resumed.   In early February, Musharraf telephoned Vajpayee to offer sympathy for the victims of the Gujurat earthquake after his government had sent relief supplies to India.  The call was the first direct contact between Vajpayee and Musharraf since the latter came to power in the October 1999 coup and measurably warmed the chilly atmosphere between New Delhi and Islamabad. 

 

All these were good signs but hardly constituted a peace process, since New Delhi and Islamabad have yet even to initiate regular political level contacts.  Hard-liners in both countries were already reinforcing established positions and agitating against the possibility of a process that might entail compromise.  In New Delhi, there was growing anger that Indian security forces were restricted from offensive operations while militants had intensified their attacks.  Indian casualties were said to be up while militant deaths were down.  Vajpayee's government also faced new pressures from a corruption scandal that could threaten its survival.  Meanwhile in Pakistan, militant groups remained as strong as ever and as intent on jihad in Kashmir.  Friends of the region could only offer their support for an early and productive dialogue based on the Lahore Declaration, but realists understood that working through the problems would take political courage, creative leadership, and perseverance, commodities that are all too rare in South Asia--or elsewhere.

 

A South Asian Peace Process

 

            Both India and Pakistan have long since accepted that the Kashmir dispute cannot be settled by military force.  Yet they have been unable to begin a joint search for peace and have allowed Kashmir to fester and become one of the most enduring disputes in the world.  Crossing the nuclear threshold makes it all the more important for India and Pakistan to stabilize their relations, as Vajpayee and Nawaz Sharif recognized in Lahore.  Yet the peace process that the Lahore Declaration was intended to launch failed within months.  Only now, more than two years later, are the leaders of India and Pakistan beginning to consider resuming the dialogue envisaged in the Lahore Declaration.  The first and most important requirement for such an undertaking is that both sides commit to the proposition that a peaceful settlement is worth the high political price it will bear in the form of compromised positions long held sacred.  Such compromise will engender political strains at home that could jeopardize their governments.  If the two sides committed themselves to such a search for peace--a commitment that went beyond rhetoric--what would be the parameters of that process?  The three interlocking elements should be greater trust to create atmosphere for negotiations, an agreed conceptual framework to rule out maximalist demands, and early tangible and positive results to encourage an expanding peace constituency.   

 

            Greater Trust

 

The first step towards greater trust is to reduce the violence in Kashmir.  Just as the Oslo peace process in the Middle East collapsed under a wave of violence, a South Asian effort cannot be realistically contemplated so long as thousands are killed annually in Kashmir.  Pakistan and Kashmiri groups may resist this idea for fear that it would lessen the pressure on New Delhi to pursue a dialogue.  Militant jihadi groups may reject an effort to stop the violence, just as they rejected New Delhi's cease-fire initiative, which begs the question of the Pakistan Government's willingness and ability to rein them in.  If Pakistan commits to stop the cross border violence, New Delhi should respond by opening Kashmir to scrutiny by international human rights organizations, including from Muslim countries.  New Delhi's tradition position is not to accept international observers or monitors in Kashmir or elsewhere.  These would be big, new initiatives for both governments, and the trust that would come from them--and from a reduction in violence--would be a strong foundation for a peace process.   

 

The second step towards creating trust--implied by the first--is that each side must be able to see that the leadership on the other side is taking steps to create a constituency for peace through compromise.  Indian and Pakistani leaders should encourage public efforts that challenge stated positions and attempt to devise alternatives that go beyond them.  Leaders in both countries have too often allowed extremists to close down domestic debate that could have evolved new options.  They should also be proactive in toning down the negative and destructive propaganda that emerges from both governments and from the media about the other side.

 

The third step towards creating trust would be for India and Pakistan to accept that the dispute now involves three parties, not just two.  Kashmiris on both sides of the LOC are already a part of the process, but India and Pakistan have yet to accept fully that no settlement can endure unless those who will live with it each day of their lives must participate in its making and trust in its fairness.  This would mean that India and Pakistan should allow Kashmiri leaders to travel freely for the purpose of consulting their brethren on the other side of the LOC or, for that matter, the respective governments in New Delhi and Islamabad.  If this freedom is abused, for example to foment violence, then the process will fail. 

 

A Conceptual Framework

 

Maximalist demands are the bane of all peace processes.  They can be achieved only through military victory, which India and Pakistan have ruled out.  To the extent that the Middle East peace process has succeeded, it has been on the basis of UNSC Resolutions 242 and 338, which together established the principle of land for peace, a balanced concept that limited the ability of all sides to pursue their dreams.  India, Pakistan, and Kashmiri leaders need to agree on a conceptual framework, however rudimentary, that will serve a similar function--to check maximalist demands and build confidence in a process that leads somewhere.  Two suggestions for such a framework follow:

 

 

 

Early Tangible and Positive Results

 

Any South Asian peace process will be a long-term undertaking and will be repeatedly challenged by domestic opponents.  Building domestic constituencies through positive results will be essential to the survival of the process.  Therefore progress in resolving other issues should not be held hostage to movement on Kashmir, which will probably require years of effort before a settlement is reached.  Steps to liberalize visa procedures between the two countries, for example, would be extremely popular and give common people a stake in a peace process.  The two governments could early on re-open their consulates in Mumbai and Karachi, respectively. 

 

The critical security issue of India and Pakistan's nuclear capabilities should also be kept separate from Kashmir.  Both countries and their populations can only gain from efforts to clarify and stabilize nuclear deterrence in the region.  This goal is difficult enough given the asymmetries between India and Pakistan and their apparent shared commitment to further develop their nuclear weapon and missile capabilities.  Linking Kashmir to the nuclear issue would effectively block progress on both.  Improved security is an important early benefit that Indians and Pakistanis should drive from a peace process.