'Model'ing Kashmir - Options Afloat for Resolving Kashmir Dispute

24 Dec, 2004    ·   1599

N Manoharan discusses various existing models that are cited for resolving Kashmir dispute


Various models are being suggested as examples for settlement of the Kashmir issue. Some models have already been successfully implemented elsewhere, while the others are still under consideration. Kashmir is, indeed, a unique problem. None of the successfully working models can be transplanted. However, one can draw significant lessons from each of these models and they are briefly discussed below.

Model

 

Contenders

 

Contention

 

Arbitrator

 

Arrangement

 

The Aland Islands model

 

Sweden , Finland

 

Swedish nationals in Finland controlled territory. The former wants to join Sweden , but Finland would not agree.

The League of Nations (1921)

 

The status of an autonomous territory was given, but Finland retains sovereignty over the Islands . Helsinki was to ensure linguistic rights (Swedish language) as well as culture and heritage of Aland residents: The Islands were given a neutral and demilitarised status with their own flag, own postage stamps, and own police force.

The Trieste model

 

Italy , Yugoslavia

 

Predominant presence of Slovenians around the city of Trieste (inhabited by Italians), which was controlled by Anglo-American and Yugoslavian forces respectively, known as Zone A and Zone B during the Second World War.

The United Nations (1947)

 

Free Territory of Trieste was established in 1947 under the protection of the UNSC as a neutral state which comprised the city of Trieste , a narrow strip of coastal territory connecting it to Italy , Slovenia and Istria . Later, under the Treaty of Osimo (1954), the territory was formally divided along the zonal border between Italy and Yugoslavia .

 

The South Tyrol model

 

Italy , Austria

 

Formerly part of Austria . Presence of three linguistic groups viz., Germans (70%), Italian (26%) and Ladin (4%). Annexed by Italy in 1919. Struggle by German majority against Italianisation. Failure of Paris Agreement (1946) and lack of implementation of the South Tyrol Package (1969)

 

The United Nations (1992)

 

Settled in 1992 with acceptance of the implementation of the South Tyrol Package (1969). Under Italian sovereignty, but with greater autonomy: recognition of cultural diversity; autonomy of legislation and administration; minority veto on issues of fundamental importance; and proportional ethnic representation. The autonomy package is overseen by Austria .

 

The Andorra model

 

France , Spain

 

Andorra was under a unique co-principality, ruled by the French chief of state and the Spanish bishop of Urgel for 715 years (1278 to 1993).

None

 

Through a Constitution enacted in 1993 the government was transformed into a parliamentary democracy with both French and Spanish heads of states jointly wielding executive powers as "co-princes". Andorra 's defence is ensured by France and Spain .

 

Sami parliamentary model

 

Norway , Finland , Sweden , Sami indigenous population

Inhabiting northern Fennoscandia (northern parts of Finland , Norway and Sweden ) Samis are pastoral nomadic people, whose way of life contradicts territoriality. They waged a protracted struggle for their indigenous rights in all three countries.

 

None

 

The cultural rights of Samis were recognized in the constitutions of each of the three countries. This apart, a separate Sami Parliament was established in each of these countries to act as advisory bodies on issues affecting Samis.

 

Northern Ireland model

 

Britain , Ireland

 

Conflict between Protestant 'Unionists' and Catholic 'Nationalists' over Northern Ireland 's status?part of Great Britain or Republic of Ireland . Many peace agreements in the past failed.

US Senator George Mitchell

 

Still not fully settled, despite reaching a more promising quadri-partite agreement (also call Good Friday agreement) in 1998. UK agreed to repeal Government of Ireland Act of 1920 and hold referendum every seven years to elicit popular opinion; Republic of Ireland to repeal Arts 2 & 3 of its Constitution which laid claim to whole of Island; both Protestants and Irish Nationalists agreed to a new Assembly with veto over legislations unacceptable to their constituents, decommissioning of their weapons and continued presence of British troops subject to their progressive reduction; 'Cross Border' bodies on six subjects between Northern Ireland Assembly and Irish Parliament.

POPULAR COMMENTARIES