European Parliament resolution of 24 May 2007 on Kashmir: present situation and future prospects (2005/2242(INI))
Date: 2007-05-24
Institutions: Committee on Foreign Affairs, European Parliament
Subjects: India, Pakistan, establishment of peace, freedom of expression, fundamental rights, human rights, the EU's international role

C 102 E/468

Official Journal of the European Union

EN

24.4.2008

Thursday 24 May 2007

(r) urges the Council to apply the proactive approach in EU policy on tackling organised crime to EU
cooperation agreements with non EU-countries, while at the same time adopting a strict framework,
including binding guarantees as regards fundamental rights; points out,
in that regard, that OCTA
clearly shows the way by helpfully denouncing the sectors and associations of criminal groups whose
geographical location has been identified;

(s)

(t)

advises the Council, in view of the susceptibility to criminal activity which is still too prevalent in the
State apparatus of certain EU border countries, to adopt a specific approach built around a new trans-
parency and anti-corruption initiative aimed at structuring relations with non-EU countries, particularly
those in the EU's neighbourhood;

advises the Council to urge Member States to maintain the utmost vigilance with regard to possible
links between terrorist organisations and organised criminal groups, particularly in connection with
money laundering and the funding of terrorism;

(u) calls, furthermore, on the Council to take due account of the fundamental role played by the EU
Counter-Terrorism Coordinator, who is responsible for oversight of counter-terrorism instruments and
intelligence and the coordination and collation of information coming in from police forces and secur-
ity services in the Member States;

(v) calls on the Council presidency to continue and intensify the considerations begun under the Austrian

Presidency with a view to developing a genuine ‘Internal Security Architecture’.

(w) calls on the Council to take steps aimed, as a priority, at intercepting movements of capital generated
by money-laundering operations and confiscating assets generated by criminal and mafia-style activities;

(x) calls on the Council to urge all Member States that have not yet done so to ratify the United Nations

Convention against Corruption;

(y) calls on the Council to promote in the Member States — particularly in those areas where the cultural
and social influence of organised crime is strongest — the conduct in high-risk schools and neighbour-
hoods of projects to educate people about living within the law, thus combating organised crime by
means of a major educational campaign;

(z) calls on the Council to monitor the administrative and governmental activities of elected institutions at
level whose members include political figures against whom criminal

national, regional and local
charges have been brought for links with organised or mafia-style crime;

Instructs its President to forward this recommendation to the Council and, for information, to the

2.
Commission.

P6_TA(2007)0214

Kashmir: present situation and future prospects

European Parliament resolution of 24 May 2007 on Kashmir: present situation and future prospects
(2005/2242(INI))

The European Parliament,

— having regard to its recent resolutions referring to Jammu and Kashmir, in particular its resolutions of
29 September 2005 on EU-India relations: A Strategic Partnership (1), of 17 November 2005 on Kash-
mir (2), of 18 May 2006 on the Annual Report on Human Rights in the World 2005 and the EU's
policy on the matter (3), of 28 September 2006 on the EU's economic and trade relations with India (4)
and of 22 April 2004 on the situation in Pakistan (5),

(1) OJ C 227 E, 21.9.2006, p. 589.
(2) OJ C 280 E, 18.11.2006, p. 469.
(3) OJ C 297 E, 7.12.2006, p. 341.
(4) Texts Adopted, P6_TA(2006)0388.
(5) OJ C 104 E, 30.4.2004, p. 1040.

24.4.2008

EN

Official Journal of the European Union

C 102 E/469

Thursday 24 May 2007

— having regard to the Cooperation Agreement between the European Community and the Islamic
Republic of Pakistan on Partnership and Development (1), the conclusion of which was approved by
Parliament on 22 April 2004 (2),

— having regard to all the resolutions of the United Nations Security Council on this issue between 1948

and 1971 (3),

— having regard to the concerns expressed by various working groups and rapporteurs of the United
Nations Human Rights Council and its predecessor, the United Nations Commission on Human Rights,
and by international human rights organisations regarding breaches of human rights in Kashmir,

— having regard to the Indus Waters Treaty of 1960,

— having regard to the report on the visits of Parliament's ad hoc delegation to Jammu and Kashmir

adopted by the Committee on Foreign Affairs in November 2004,

— having regard to the devastating earthquake which struck Jammu and Kashmir on 8 October 2005,

— having regard to United Nations General Assembly Resolution No A/RES/60/13 of 14 November 2005
praising the governments and peoples involved in the earthquake relief and reconstruction efforts,

— having regard to the visit of President Pervez Musharraf of the Islamic Republic of Pakistan to the

Committee on Foreign Affairs on 12 September 2006,

— having regard to the 7th EU-India Summit held in Helsinki on 13 October 2006,

— having regard to the renewed peace efforts in Kashmir since the truce agreement came into force in
2003, followed by President Musharraf's pledge in January 2004 that Pakistani territory would not be
used for cross-border terrorism, Indian Prime Minister Manmohan Singh's forward-looking vision that
‘borders cannot be redrawn but we can work towards making them irrelevant’ and a further round of
peace talks which started on 17 January 2007,

— having regard to President Musharraf's recent four-point plan to resolve the Kashmir conflict (no change
in the boundaries of Jammu and Kashmir, free movement of people across the Line of Control (LoC),
staggered demilitarisation, and self-governance with a joint supervision mechanism representing India,
Pakistan, and the Kashmiris), and also to Prime Minister Singh's suggestion that there be a comprehen-
sive treaty of peace, security and friendship,

— having regard to the visit of Indian Foreign Minister Pranab Mukherjee to Pakistan on 13-14 January

2007, during which four agreements aimed at confidence-building were signed,

— having regard to the International Crisis Group's Asia Report No 125, of 11 December 2006, and the
reports by Amnesty International, Freedom House, Human Rights Watch and the US State Department
on human rights,

— having regard to the visits made by Parliament's rapporteur to both sides of the LoC in June 2006,

— having regard to Rule 45 of its Rules of Procedure,

— having regard to the report of the Committee on Foreign Affairs (A6-0158/2007),

(1) OJ L 378, 23.12.2004, p. 22.
(2) OJ C 104 E, 30.4.2004, p. 988.
(3)

For a list of all resolutions, please consult the annex to Report A6-0158/2007 of the Committee on Foreign Affairs.

C 102 E/470

Official Journal of the European Union

EN

24.4.2008

Thursday 24 May 2007

A. whereas the disputed territory which constituted the former Princely State of Jammu and Kashmir is
currently administered in separate parts by the Republic of India, the Islamic Republic of Pakistan and
the People's Republic of China, and has a total population of 13,4 million,

B. whereas much of Jammu and Kashmir, in particular Gilgit and Baltistan, suffers from extreme poverty
and neglect, with enormous deficiencies in basic literacy and numeracy and in access to healthcare, a
lack of democratic structures and major deficiencies in the rule of law and justice; and whereas the
whole of Jammu and Kashmir suffers from exceptional economic decline,

C. whereas the question of water resources is also a factor exacerbating the dispute between Pakistan and

India over Jammu and Kashmir and is an important element of any definitive resolution,

D. whereas Jammu and Kashmir has been a source of conflict for nearly 60 years, a period punctuated by
armed conflicts between India, Pakistan and China; whereas this dispute has allegedly claimed more
than 80, 000 lives; whereas the conflicts between India and Pakistan now include international terror-
ism; and whereas China, India and Pakistan are nuclear powers, although India and Pakistan have not
signed the Nuclear Non-Proliferation Treaty,

E. whereas there is considerable evidence that over many years Pakistan has provided Kashmiri militants
with training, weapons, funding and sanctuary and has failed to hold militants accountable for atrocities
they have committed on the Indian-administered side; whereas, however, according to Indian govern-
ment reports, since 11 September 2001 militant infiltration into Indian-administered Jammu and Kash-
mir has decreased noticeably, and whereas the Government of Pakistan should put a definitive end to
any infiltration policy,

F. whereas a ceasefire has been in place on the LoC since November 2003 and, despite a few breaches, has

continued to hold,

G. whereas the ceasefire has enabled India and Pakistan to engage in an ongoing dialogue on Jammu and
Kashmir which is now starting to be modestly successful; whereas a number of Confidence-Building
Measures (CBMs) are being implemented as part of the peace process; and whereas the Kashmiri popu-
lation is striving to reap the benefits of those CBMs and is actually implementing them at a local level;
whereas Kashmiris on the Chinese side remain outside that process,

H. whereas the India-Pakistan joint statement on Kashmir of 18 April 2005, issued at the conclusion of
President Musharraf's visit to India, has helped to strengthen the process of rapprochement between the
two countries, in particular by reaffirming the irreversibility of the peace process and focusing on a
non-military solution to the Kashmir conflict,

I. whereas economic development is vital for building up the physical and social

infrastructure and
improving the productive potential of Jammu and Kashmir; whereas the EU-Pakistan Joint Declaration
of 8 February 2007 is a positive new step in strengthening their relations, and whereas both sides are
looking forward to moving ahead with the implementation of the 3rd Generation Cooperation Agree-
ment, in the belief that it may help to promote socio-economic development and prosperity in Paki-
stan; whereas the EU and Pakistan have reaffirmed their commitment to the settlement of disputes by
peaceful means, in accordance with international law, bilateral agreements and the principles of the UN
Charter,

J. whereas the current wide-ranging EC-India 3rd Generation Cooperation Agreement, in existence since
1994, has as its institutional basis a joint political statement which fixed annual ministerial meetings,
and opened the door to a broad political dialogue,

24.4.2008

EN

Official Journal of the European Union

C 102 E/471

Thursday 24 May 2007

K. whereas on the morning of 8 October 2005 an earthquake of magnitude 7,6 on the Richter scale, the
most devastating international earthquake in living memory, struck a broad swathe of territory from
Afghanistan through Pakistan and India, but with by far the greatest impact felt in Jammu and Kashmir,
with exceptional losses in Azad Jammu and Kashmir (AJK) and Pakistan's North-West Frontier Province
(NWFP),

L. whereas in minutes the earthquake claimed over 75 000 lives in AJK,

later rising to 88 000, and
claimed 6 000 in Indian-administered Jammu and Kashmir, and left tens of thousands of people injured
and millions entirely displaced, with minimal basic needs provision and without permanent shelter,
employment, health care and education, on the Pakistani side; whereas dozens of towns and villages
have been partially or totally destroyed, agriculture decimated and the environment contaminated, and
whereas levels of development have been severely set back,

M. whereas both state-armed forces and opposition armed groups in the Kashmir dispute should abide by
the 1949 Geneva Conventions and customary international humanitarian law, which prohibit attacks
against civilians, and serious violations of which constitute war crimes which states have a duty to
prosecute,

N. whereas more than 2 000 soldiers have died on the Siachen Glacier in the last 10 years, and whereas

the ceasefire in the Siachen region since November 2005 is welcome,

Introduction

Stresses that India, Pakistan and China (to which Pakistan ceded the Trans-Karakoram Tract in 1963)
1.
are important EU partners, the first enjoying strategic partnership status; believes that a resolution of the
continuing conflict along the LoC can best be achieved jointly by a constant engagement between the
governments of India and Pakistan, involving the peoples of all parts of the former princely state; never-
theless thinks that the EU may have something to offer based on past experience of successful conflict
resolution in a multi-ethnic, multinational, multi-faith context; therefore offers the present resolution and
any meetings that may come out of it as part of a shared experience from which the EU can also learn;
reiterates the importance of continued EU support to both India and Pakistan as they implement the 2004
peace process;

2.
Draws attention to the fact that India is the world's largest secular democracy and has devolved
democratic structures at all levels, whereas Pakistan still lacks full implementation of democracy in AJK
and has yet to take steps towards democracy in Gilgit and Baltistan; notes that both countries are nuclear
powers outside the Nuclear Non-Proliferation Treaty; emphasises that, while India's nuclear doctrine rests on
the principle of ‘no first use’, Pakistan has yet to make such an undertaking; notes, too, that President
Musharraf has not been able to implement his undertaking made in 1999 that ‘the armed forces have no
intention of staying in charge any longer than is absolutely necessary to pave the way for true democracy to
flourish in Pakistan’;

3.
Very much regrets the negative chain of events set in motion by the suspension of Chief Justice
Iftikhar Muhammed Chaudhry and, while recognising that the suspension has in fact opened a new debate
on democracy, constitutionalism and the role of the military in Pakistan, deplores the recent outbreaks of
violence; stresses the overwhelming need for a secure and independent justice system to address the situa-
tion of the people of Pakistan and particularly those of AJK and Gilgit and Baltistan;

4.
Calls on representatives of the governments of both India and Pakistan to take the opportunity,
afforded by the statements of Prime Minister Singh and President Musharraf, to inject a new impetus for
exploring options for increased self-governance, freedom of movement, demilitarisation and intergovern-
mental cooperation on issues such as water, tourism, trade and the environment and to promote a genuine
breakthrough in seeking a resolution of the Kashmir dispute;

C 102 E/472

Official Journal of the European Union

EN

24.4.2008

Thursday 24 May 2007

5.
Notes that the impact of the earthquake on the people of AJK has gravely exacerbated the already
sparse needs provision and has dramatically impaired institution and capacity-building potential; urges the
European Union to help and support the Kashmiris in this regard;

6.
Urges the Governments of Pakistan and India to resolve the crucial riparian issues affecting the head-
waters and the use of the rivers flowing through Jammu and Kashmir (the Indus, Jhelum, Chenab, Ravi, Beas
and Sutlej rivers) as swiftly as possible, with reference to the existing mechanism provided for in the Indus
Waters Treaty of 1960; nevertheless, as, for example, in the case of the upgrading of the Mangla Dam or the
construction of the Baglihar Dam, underlines that addressing the agricultural, fishing, livestock and human
water requirements of the people affected must remain a key priority and appeals to both governments to
commission comprehensive environmental and social impact assessments before taking future decisions on
any further dam project;

7.
Expresses its great concern over the negative consequences which the long-standing conflict has had
on the environment in Jammu and Kashmir, to the extent that the economic future of Jammu and Kashmir
is at stake due to serious soil degradation, air pollution, pollution of the rivers and, most dramatically, of the
ancient tourist magnet Dal Lake, deforestation and extinction of wildlife;

8.
Notes the importance of water, security and sustainable and secure energy supplies to the stability and
growth of the region and notes in this regard the importance of developing irrigation and hydroelectric
projects; considers it imperative that the Governments of Pakistan and India continue their constructive
dialogue and consult representatives of the Kashmiris over riparian issues, and urges them to adopt a
holistic approach to water resources, recognising the key links between water, land, local users, the environ-
ment and infrastructure;

9.
Underlines the common heritage shared by India and Pakistan, exemplified in the ancient culture of
Jammu and Kashmir; recognises and values the pluralism, multiculturalism and multi-faith nature and secu-
lar traditions of the peoples of Jammu and Kashmir, which have been kept alive in the Indian part of Jammu
and Kashmir;

Believes that the EU's respect for regional identities and efforts to ensure that its own decisions are
10.
taken at the most appropriate administrative level (i.e. closest to those affected) are relevant to the aspira-
tions of the Kashmiri people for devolved decision, making structures and recognition of their unique
cultural identity;

Political situation: the aspirations of the people

11.
Commends and supports India and Pakistan on the peace moves currently under way, and welcomes
the fact that bilateral talks, put on hold for three months after the July 2006 bombings in Mumbai, have re-
started; stresses the need for the region, the EU and the international community to support the current
bilateral talks and for a further strengthening of exchanges about conflict resolution, thereby ensuring a
prosperous future for the people of Jammu and Kashmir and its neighbours, and for finding a solution to
the Kashmir dispute which is acceptable to all the parties;

12.
Calls on the European Union to support the involvement of local civil society in the peace process
and, above all, to sustain people-to-people projects in order to promote dialogue and collaboration among
Pakistani, Indian and Kashmiri NGOs;

13.
Has warmly welcomed the CBMs initiated by India and Pakistan, which are achieving a certain degree
of success in reducing tension and suspicion on both sides and have allowed families on both sides to unite
after years of separation; emphasises that greater efforts should be made by the governments of India and
Pakistan to involve Kashmiris in the resolution of the core issues;

24.4.2008

EN

Official Journal of the European Union

C 102 E/473

Thursday 24 May 2007

14.
Draws attention to the fact that ordinary Kashmiris, by virtue of the humanitarian situation after the
earthquake, are now benefiting progressively from the peace process, through the exchanges taking place
and the political commitment by both the Indian and Pakistani Governments to the free movement of
people, goods and services (albeit still
limited) across the LoC; calls for renewed efforts to enable all
Kashmiris, irrespective of political affiliation, to become intimately involved in the modalities of the peace
process and CBMs;

Emphasises that the crises and conflicts of recent years have enhanced, not diminished, the relevance
15.
of the United Nations, and that the UN remains an important forum for dialogue and diplomacy; recalls the
large number of UN Security Council (UNSC) resolutions on Kashmir, from 1948 to 1971, which have
sought to encourage both the Government of India and the Government of Pakistan to take all measures
within their power calculated to improve the situation, and which have expressed the conviction that a
peaceful settlement of the dispute will best promote the interests of the people of Jammu and Kashmir, of
India and of Pakistan; draws the conclusion, in the light of all the above and of subsequent violations of
points set out in the various UNSC resolutions, that the preconditions for invoking the plebiscite have not
been met at present;

16.
Reaffirms that, under Article 1.1 of the UN International Covenant on Civil and Political Rights, all
peoples have the right of self-determination, by virtue of which they may freely determine their political
status and freely pursue their economic, social and cultural development; reaffirms that, under Article 1.3,
all parties to the covenant must promote the realisation of the right of self-determination, and must respect
that right, in conformity with the provisions of the Charter of the United Nations; notes, however, that all
UN resolutions on the Kashmir dispute explicitly and only acknowledge the right for the former princely
state of Jammu and Kashmir to become part of India or Pakistan; welcomes, within the context of bringing
the Kashmir conflict to a permanent solution, which would bring enormous benefits to the entire region,
the new ideas that are currently under consideration within the Composite Dialogue and India's Round
Table discussions (in which context the reopening of dialogue by the Indian Government with the All Parties
Hurriyat Conference (APHC) is especially welcome), and in particular ideas related to making boundaries
permanently irrelevant, a system of self-governance, and institutional arrangements for joint or cooperative
management; strongly encourages both India and Pakistan to further explore these concepts in joint discus-
sions and with Kashmiris on both sides of the LoC and in Gilgit and Baltistan;

17.
Deplores the continuing political and humanitarian situation in all four parts of Jammu and Kashmir;
welcomes, however, the role of the composite peace process in moving towards a durable settlement for the
Kashmiris based on democracy, the rule of law and respect for fundamental rights; supports the ‘second
track’ approach as well as wider dialogue involving eminent persons, academics and other relevant experts
from all sides of Kashmir and from India and Pakistan, who are putting forward practical suggestions for
closer cooperation; congratulates India and Pakistan for bringing together these groups, and suggests that
the EU offer practical support wherever invited to do so by both sides and within the composite peace
process;

18.
Regrets, however, that Pakistan has consistently failed to fulfil its obligations to introduce meaningful
and representative democratic structures in AJK; notes in particular the continuing absence of Kashmiri
representation in the Pakistan National Assembly, the fact that AJK is governed through the Ministry of
Kashmir Affairs in Islamabad, that Pakistan officials dominate the Kashmir Council and that the Chief
Secretary, the Inspector-General of Police, the Accountant-General and the Finance Secretary are all from
Pakistan; disapproves of the provision in the 1974 Interim Constitution which forbids any political activity
that is not in accordance with the doctrine of Jammu and Kashmir as part of Pakistan and obliges any
candidate for a parliamentary seat in AJK to sign a declaration of loyalty to that effect; is concerned that
the Gilgit-Baltistan region enjoys no form of democratic representation whatsoever; furthermore, draws
attention to the fact that the Government of Pakistan's 1961 Jammu and Kashmir (Administration of Prop-
erty) Ordinance transferred the land controlled by Pakistan and which belonged to the State of Jammu and
Kashmir on 15 August 1947 to the Federal Government;

19.
Very much regrets the continuing ambivalence of the current Government of Pakistan with regard to
the ethnic identity of Gilgit and Baltistan, whereby statements made by the President are contradicted by
official government communications; strongly recommends that the Government of Pakistan endorse and

C 102 E/474

Official Journal of the European Union

EN

24.4.2008

Thursday 24 May 2007

implement the judgment of the Supreme Court of Pakistan of 28 May 1999 which validates the Kashmiri
heritage of the people of Gilgit and Baltistan and states that the Government should implement their funda-
mental human rights, democratic freedoms and access to justice;

Recognises that Pakistan finds itself in a particularly complex situation with pressure from many

20.
sources; nevertheless:

— deeply regrets that the lack of a sufficient political will to address basic needs provision, political
participation and the rule of law in AJK has left women there in a desperate situation following the
earthquake;

— recalls the signature of the EC-Pakistan 3rd Generation Cooperation Agreement in 2001, Article 1 of
which includes respect for human rights and democratic principles as an essential element, and urges
the EU to play its part in upholding those principles when implementing the Agreement; is particularly
concerned, therefore, that the people of Gilgit and Baltistan are under the direct rule of the military and
enjoy no democracy;

— notes the approval of the Protection of Women Bill to reform the Sharia-based Hudood decrees on
adultery and rape as a positive step in ensuring better protection of women's rights in Pakistan, and
appreciates the commitment shown by President Musharraf and reformist parliamentarians in pursuing
these amendments despite attempts to derail them; stresses, however, that it is pre-eminently clear that
Pakistan needs to do more to live up to its commitments in the human rights field;

— remains concerned about the difficult situation faced by all minorities throughout the region;

21.
Urges Pakistan to revisit its concept of democratic accountability and minority and women's rights in
AJK, which, as elsewhere, are key to improving conditions for the people and tackling the menace of
terrorism;

22.
Expresses concern regarding the lack of freedom of expression in AJK and reports of torture and
mistreatment, of discrimination against refugees from Indian-administered Jammu and Kashmir and of cor-
ruption amongst government officials, and calls on the Pakistani Government to ensure that the people of
AJK can exercise their fundamental civil and political rights in an environment free from coercion and fear;

Further calls on Pakistan to ensure free and fair elections in AJK, considering that the general
23.
elections of 11 July 2006 were characterised by fraud and vote rigging on a massive scale, and that any
candidate who refused to uphold the position of the accession of Kashmir to Pakistan was barred from
running; also calls on Pakistan to hold elections for the first time in Gilgit and Baltistan;

24.
Urges the Governments of Pakistan and India also to transform the ceasefire in place in Siachen since
2003 into a lasting peace agreement, given that, on this, the highest battlefield in the world, more soldiers
die every year for reasons of climate than of armed conflict;

25.
Calls on the European Union to support India and Pakistan in negotiating a zone of complete
disengagement in the Siachen region without prejudice to the position of either side, in particular by offer-
ing assistance in providing monitoring technologies and verification procedures;

26.
Calls on militant armed groups to declare a ceasefire to be followed by a disarmament, demobilisa-
tion and reintegration process; calls on the Governments of Pakistan and India to facilitate such a ceasefire;

Encourages the Pakistani Government to close down militant websites and magazines; suggests that

27.
the Pakistani and Indian Governments consider introducing a law against hate speech;

28.
Notes that Indian-administered Jammu and Kashmir enjoys a unique status under Article 370 of the
Indian Constitution, granting it greater autonomy than other states in the Union; is pleased to see recent
moves in Jammu and Kashmir to strengthen democracy (as evidenced by the 75 % turnout in recent local
elections), and the moves by Prime Minister Singh to reopen dialogue with the APHC; however, notes that
there remain deficiencies in practice with regard to human rights and direct democracy, as evidenced by, for
example, the fact that all candidates standing for office in Jammu and Kashmir (as in other states) have to
sign an oath of loyalty to the Constitution of the State of Jammu and Kashmir which upholds the integrity

24.4.2008

EN

Official Journal of the European Union

C 102 E/475

Thursday 24 May 2007

of India; urges India's National Human Rights Commission (NHRC) to exercise its full mandate with regard
to any suspected or documented violations and, to lend it even greater credibility, urges the NHRC to make
good the absence of any human rights professionals on its governing board; looks forward to enhanced
progress in this area, and to positive outcomes from the new laws on child labour and on women and
violence; notes with concern reports that large numbers of Kashmiris are detained without due process;

29.
Deplores documented human rights violations by the armed forces of India, especially if the incidents
of killing and rape continue in an atmosphere of impunity; notes with concern that the NHRC has no
power under its statutes to investigate human rights abuses perpetrated by the Indian security forces; is
nevertheless encouraged by the NHRC's recommendation — which is being observed — that the army
nominate senior military officers to oversee the implementation of fundamental human rights and the rule
of law in their military units; notes the commitment given by the government of India in September 2005
that human rights violations will not be tolerated; and urges the Lok Sabha to consider amending the
Human Rights Protection Act in order to allow the NHRC to investigate independently allegations of abuse
by members of the armed forces;

30.
Stresses the risk of maintaining the death penalty in a complex political situation, such as the Kash-
mir dispute, where the right to a fair trial does not appear to be guaranteed; notes with concern that South
Asia continues to have a poor record with regard to the death penalty and deeply regrets that both the
Indian and the Pakistani Governments are in favour of its retention; welcomes the fact that key abolitionist
voices in the region include President Kalam and the newly appointed Chief Justice to the Supreme Court in
India; welcomes UN Human Rights Resolution 2005/59 on the question of the death penalty and reaffirms
the EU's human rights guidelines on the death penalty; urges India and Pakistan to consider acceding to the
Second Optional Protocol to the ICCPR, and similar regional instruments with a view to introducing a
moratorium on the death penalty, and to move towards complete abolition;

31. Welcomes in this context declarations by Prime Minister Singh calling for ‘zero tolerance for human
rights violations’ in Kashmir, and calls on the Indian Government to put an end to all practices of extra-
judicial killings, ‘disappearances’, torture and arbitrary detentions in Jammu and Kashmir;

32.
Notes that widespread impunity both encourages and facilitates further human rights abuses across
the State; calls on India and the State Government of Jammu and Kashmir to repeal all legal provisions
providing effective immunity to members of the armed forces and to establish an independent and impartial
commission of inquiry into serious violations of international human rights and humanitarian law by Indian
security forces since the beginning of the conflict;

33.
Urges the governments of India and Pakistan to allow international human rights organisations (such
as Freedom House, Amnesty International and Human Rights Watch) immediate and unrestricted access to
all parts of the former princely state in order to investigate the human rights situation there and to compile
regular independent reports on this; urges both governments to commit themselves publicly to full coop-
eration with such international human rights organisations;

34.
Urges the EU to take a firm stance in upholding the democracy and human rights clause in its
agreements with both India and Pakistan, seeking an intense political dialogue with both countries on
human rights including within Kashmir, and examining the possibility of setting up a specific human rights
dialogue with Pakistan, as is the case already with India, and the establishment of specific human rights
subcommittees dealing with both countries, as in the case of certain other countries;

35.
Recognises the difficult living conditions of a number of groups, such as the forcibly displaced
Pandits of the Kashmir Valley; urges that discrimination against them and other groups, particularly in
employment, be addressed head-on; suggests that such groups seek to empower themselves by establishing
committees of their own elected representatives, ensuring that women and under-25s are properly repre-
sented;

C 102 E/476

Official Journal of the European Union

EN

24.4.2008

Thursday 24 May 2007

36.
Suggests that India review the degree of success enjoyed by the setting-up of the Autonomous Hill
Council in Ladakh in 1993; hopes that the Kargil-Skardu trade route can be re-established as part of the
CBM process and that the Ladakh/Northern Areas division can be bridged by crossing-points similar to
those already established elsewhere along the LoC;

37.
In particular, welcomes the general increase in the issue of visas for travel between India and Paki-
stan, and the reopening of the Srinagar-Muzaffarabad bus route; notes that, according to the latest statistics,
its use has been limited to fewer than 400 persons on each side of the LoC; and calls on the Indian and
Pakistani authorities to ease restrictions in relation to the issue of travel permits;

Compliments India on its efforts to promote the socio-economic development of Jammu and Kash-
38.
mir through special packages for the state, and its emphasis on job creation and measures to promote
tourism in Jammu and Kashmir, and proposes an examination of how the (forthcoming) EU-India partner-
ship could help with the creation of new skills-based jobs, especially for women and young people;
encourages the European Union to support the initiatives of local NGOs to set up projects for capacity-
building for women, both for production and for marketing; believes that the European Union could
address equal opportunity concerns by increasing trade in products which traditionally provide livelihoods
for women, such as textiles and handicrafts, and facilitating trade in services in sectors which employ
women; recommends that economic relations between the European Union and Pakistan be strengthened
in a similar manner;

39.
Calls on both India and Pakistan to examine the potential role of increased security and respect for
human rights in attaining the goals of job creation and increased tourism across the whole of Jammu and
Kashmir;

Combating terrorism

Recognises that, without an end to terrorism, there can be no real progress towards a political solu-
40.
tion or in improving the economic situation of the population throughout Jammu and Kashmir; notes that,
while there has been a steady decline in the number of victims of terrorist attacks over the past five years,
the activities of constantly mutating AJK-based terrorist groups such as Lashkar-e-Taiba and Harakat ul-
Mujahedeen have caused hundreds of deaths in Indian-administered Jammu and Kashmir and beyond;

41.
Deplores documented human rights violations by Pakistan including in Gilgit and Baltistan, where
allegedly violent riots took place in 2004, and the all too frequent incidents of terror and violence perpe-
trated by armed militant groups; urges Pakistan to revisit its concepts of the fundamental rights of freedom
of expression, freedom of association and freedom of religious practice in AJK and Gilgit and Baltistan, and
notes with concern allegations by human rights associations such as Amnesty International of torture and
detention without due process; strongly urges all parties involved to do all they can to address these viola-
tions; welcomes Pakistan's public commitments to curb infiltration across the LoC by militants operating
out of territory under its control, but believes it must take much stronger and more effective measures;
urges a continuing and determined commitment by President Musharraf to fighting terrorism, which, it is
widely recognised, presents enormous challenges; approves and supports multilateral and bilateral EU Mem-
ber State aid to assist Pakistan in fighting terrorism and in making determined efforts to improve the lives of
the people of AJK and Gilgit and Baltistan; furthermore, calls on the Government of Pakistan and EU
Member States to intensify their efforts to identify and apprehend potential terrorist recruits coming to
Pakistan from EU Member States; welcomes the recent establishment by the two governments of a joint
panel, the India-Pakistan Joint Mechanism on Terrorism, to combat terrorism and share intelligence, and
notes that the first meeting of the panel took place in Islamabad on 6 March 2007;

42.
Strongly supports the International Crisis Group's recommendations of 11 December 2006 calling
on Pakistan to take decisive action to disarm militants in AJK and Gilgit and Baltistan, shut down terrorist
training camps, stop terrorist recruitment and training on its territory and end the flow of money and
weapons to the Taliban and other foreign or local militants on Pakistani territory;

24.4.2008

EN

Official Journal of the European Union

C 102 E/477

Thursday 24 May 2007

43.
Recognises and supports the aspiration of the Kashmiri people for a significantly reduced military
presence on both sides of the LoC; points out, however, that meaningful demilitarisation can only take place
in parallel with genuine action to neutralise the threat of infiltration of Jammu and Kashmir by militant
outfits operating out of Pakistan, and alongside CBMs such as putting an end to mutual recriminations, full
implementation of the Srinagar-Muzaffarabad bus line, communication and trade links, and other measures
defined in close consultation with Kashmiri people on both sides, and notes the beneficial impact that this
will have on their mental health and sense of security, particularly for children and young people; stresses
that only fresh initiatives which look to the future can bring about a virtuous circle;

44.
Emphasises that, in order to create an atmosphere of confidence and goodwill in the region, it is vital
to remove all obstructions and hindrances so that all Kashmiris may travel freely to the entire state of
Jammu and Kashmir;

Confidence-building measures

45. Warmly welcomes the most recent signs of renewed efforts,
shifts to resolve the Kashmir dispute on the part of the Pakistani and Indian governments;

including, even, considerable policy

46.
Particularly welcomes the steps taken to reunite families divided by the LoC through the opening of
five crossing-points; is aware that the opening-up of meeting points on the LoC has been described as being
demonstrably slow and not responding to the urgency of the situation on the ground; none the less,
encourages and looks forward to increasingly frequent crossings; would like to see these extended to all
citizens on both sides and recommends that India and Pakistan instigate measures to facilitate all travel, be
it within the former princely state or internationally, by means of fast–track administrative and consular
services;

47.
Believes it is vital to increase the frequency of cross-LoC exchanges at all levels of civil society and
across all walks of life; suggests that exchange programmes be created between law associations, schools and
universities, including a common University with a campus on either side of the divide; to help reduce levels
of mutual suspicion between the armies on either side, suggests that military-to-military dialogue be
initiated;

48.
Calls on the Governments of India and Pakistan to make the restoration and conservation of the
environment in Jammu and Kashmir one of the focal points for common activities and joint plans of action
across the LoC, and urges the EU and the Member States to lend strong support to any such projects;

49.
Recommends that consideration be given to the establishment of a joint India-Pakistan monitoring
cell for the sharing of data on weather patterns and seismic activity in order to provide early warning of
natural disasters originating on either side of the LoC;

50.
At the political level, recommends that a Joint India-Pakistan Parliamentary Committee be established
to foster greater parliamentary exchanges and dialogue; similarly, that joint local government working par-
ties be established to explore trade and tourism issues;

Encourages EU businesses to recognise the investment and tourism potential of all of Kashmir, and in
51.
particular the existence of a highly motivated workforce; suggests that European businesses might enter into
joint ventures with local companies and that investment insurance schemes be created to boost investor
confidence; calls on all parties to support and facilitate the representation of the respective chambers of
commerce at international trade fairs in the European Union in order to allow them to promote their
products for export;

C 102 E/478

Official Journal of the European Union

EN

24.4.2008

Thursday 24 May 2007

52.
Further supports the call for Pakistan to develop human resources by investing in tertiary education,
including vocational training schools and technical colleges in the federally administered areas, including in
the Gilgit-Baltistan areas of Kashmir;

53.
Notes that India is the single largest beneficiary of the Generalised System of Preferences scheme
(GSP); urges the Commission automatically to revisit the GSP+ scheme, and other appropriate trade mea-
sures, in the immediate aftermath of large-scale natural disasters, such as earthquakes; welcomes the com-
mitment given by all South Asian states within the South Asian Association for Regional Cooperation
(SAARC) to work effectively towards making the South Asia Free Trade Agreement a political and economic
reality which will maximise the benefits for four parts of Jammu and Kashmir, and calls on the Government
of Pakistan to end the ‘positive list’ system; notes positively that, although trade between the two countries
has fluctuated over the past decade, the overall
level of official trade between India and Pakistan has
increased from USD 180 million in 1996 to USD 602 million in 2005 and, given that the high level of
informal trade indicates the latent trading potential between them, that this trend has the potential to
continue and should be encouraged;

54.
Stresses that tourism has considerable potential to bolster the local economy; therefore encourages
the governments of the EU Member States to keep a close eye on the security situation, with a view to
ensuring the provision of up-to-date, coordinated travel advice to those wishing to travel to Jammu and
Kashmir;

Impact of the earthquake of 8 October 2005

55.
Strongly emphasises that the earthquake has had an immense impact on the lives of the Kashmiris
on both sides of the LoC, and that the overwhelming humanitarian situation has degraded the fragile
institutional capacity on the ground in AJK and NWFP; underlines that day-to-day survival is now the over-
whelming priority for the people;

Regrets that, in addition to the massive loss of life, AJK suffered incalculable material damage to its
56.
infrastructure (hospitals, schools, government buildings, communication channels) and to what were in
many cases already fragile basic institutions and services;

57.
Is deeply saddened that the earthquake had a disproportionate impact on children, with 17 000
children killed according to Unicef figures; is highly concerned about reports of child trafficking in the
aftermath of the disaster and calls on the Government of Pakistan to specifically address the issue of chil-
dren's rights and protection in AJK and Gilgit and Baltistan and to target child trafficking more effectively;

58.
Draws attention to the plight of the internally displaced persons (IDPs) and people in severe and
continuing need created by the earthquake; in the absence of a convention on the rights of IDPs, welcomes
the UN's ‘Guiding Principles’, which offer the basis for a humane response to the insidious assault of forced
displacement on human rights, and demands that all relevant authorities with an interest in Kashmir respect
those principles; calls on the Government of Pakistan to do everything in its power to assign land to the
inhabitants of those villages that disappeared in landslides as soon as possible, in order for them to be able
to reconstitute themselves as villages and to rebuild permanent housing facilities; strongly recommends that
the EU focus consistently on the above principles, as well as on broader issues of democracy, justice and
human rights in all four parts of Kashmir; notes also that on both sides of the LoC long-standing ‘refugee’
camps should be dismantled, and proper attention paid to their occupants' protection, needs and social
integration, and the occupants either allowed to return home speedily or be permanently resettled; notes
that the international community should offer continuing assistance in this regard;

59.
Stresses that the disaster struck a region already weakened by conflict and terrorism, and where
fundamental institutions and regional stability have been constantly undermined by organised crime and
infiltration across the LoC by radical Islamist networks exploiting the rugged terrain;

24.4.2008

EN

Official Journal of the European Union

C 102 E/479

Thursday 24 May 2007

60.
Is appalled that the already minimal basic living conditions experienced in AJK before the earthquake
(in terms of food, water, shelter, sanitation, schools and barely adequate health-centres) have been seriously
affected as a consequence of the earthquake; urges the authorities concerned, when millions are in basic
need, to concentrate their energies on fighting the corruption that has wrongly diverted the flow of funding
away from the intended recipients, including disturbing allegations that UN-banned terrorist organisations
have been operating in the earthquake zone in AJK; calls on the Commission, Member State governments,
the governments of India and Pakistan and aid agencies to continue to concentrate on the basic needs of
earthquake victims;

61.
Notes that the size and impact of the earthquake had a much greater effect on the Pakistani side of
the LoC, devastating whole swathes of local government infrastructure and unavoidably delaying services
needed to respond to the emergency; congratulates the governments, armies and local populations on both
sides of the LoC for their dedication, determination and commitment to respond to the manifold challenges
which the earthquake caused;

Response to the earthquake of 8 October 2005

Acknowledges that the response to the earthquake from the international community, India and
62.
Pakistan was swift and positive in the circumstances prevailing: there were immediate contacts at the highest
level between India and Pakistan; domestic and local NGOs responded well, working with the local and
central administrations; fully recognises that unprecedented solidarity was shown by the international com-
munity and international NGOs in relation to the earthquake survivors and victims, and welcomes the
forging of new partnerships; recommends that the European Union look favourably on further requests
for additional assistance for reconstruction in the areas affected by the earthquake, and asks the Commission
to provide up-to-date information about requests already made in this regard;

63.
Notes, with concern, that the preliminary damage and needs assessment prepared by the Asian
Development Bank and the World Bank, to which the Commission contributed, estimates the total loss of
employment or livelihood as a consequence of
impacting on approximately
1,64 million people, over half of whom were estimated to be under the age of 15; welcomes the Commis-
sion's EUR 50 million project, Earthquake Early Recovery and Reconstruction Support to Pakistan; empha-
sises that this project should focus on protecting the most vulnerable in the short term, restoring economic
activity in the affected areas, including reviving small businesses and replacing lost assets in agriculture, and
creating employment opportunities through training and skills enhancement programmes; recommends
that, in the medium and long term, measures to rebuild and secure livelihoods should include microfinance
and skills enhancement, and urges the Commission to support such strategies in the long term;

the earthquake at 29 %,

Notes with satisfaction the funds released by the Commission for urgent relief operations for the
64.
earthquake victims in AJK and Pakistan; however, urges the Humanitarian Commissioner for Development
and Humanitarian Aid to accede to the request of the Prime Minister of AJK to release further funds for
rehabilitation and reconstruction purposes that will go a long way towards removing the after-effects of this
human disaster;

65.
Congratulates all those involved in identifying and addressing the public health needs of earthquake
survivors in camps, which, despite the challenges associated with the provision of clean potable water and
appropriate sanitation facilities in post-disaster situations, have not seen major outbreaks of water-borne
diseases; congratulates the Pakistani Government on having provided shelter and supplies to more than
two million displaced persons to sustain them through the winter, and congratulates India on having now
re-housed the 30 000 people who were made homeless on its side of the LoC; is concerned that there are
reports of thousands of people still living in tents, as witnessed during Parliament's SAARC delegation visit
from 15 to 22 December 2006 to AJK;

66.
Notes that Pakistan established a Federal Relief Commission within days of the disaster to coordinate
search and rescue and relief operations; regrets, however, that Pakistan was unable to accept Indian offers of
helicopters, on the grounds of their pilots' nationalities, as well as cross-LoC joint relief operations, medical

C 102 E/480

Official Journal of the European Union

EN

24.4.2008

Thursday 24 May 2007

relief teams and repair of telecom infrastructure, all of which could have significantly contributed to redu-
cing casualties; regrets, therefore, that the earthquake has not been an opportunity to show the political will
to prioritise the humanitarian needs of the Kashmiri population and to overcome political differences;

67. Welcomes the funds so speedily pledged by Pakistan's neighbouring states (India, China, Iran, Afgha-
nistan) and, on a wider regional basis, by Turkey and the Organization of the Islamic Conference (OIC), and
by the international community as a whole; congratulates the European Commission, and, in particular DG
ECHO, already present in Pakistan, for its immediate and effective response; encourages donors to deliver as
swiftly as possible on their original pledges;

68.
Congratulates the Commission in particular on its programme of rolling funding in response to the
earthquake, which has now provided EUR 48,6 million, and which is delivered in partnership with NGOs,
the Red Cross and UN agencies; calls for a continuing EU commitment towards reconstruction in Kashmir;

69.
Stresses that reconstruction funds should be significantly focused on initiatives to conserve the
remaining forests, notably through the availability of alternative fuel sources, reafforestation, environmental
education programmes and, possibly, compensation schemes allowing the AJK government to provide com-
pensation for loss of income resulting from curbs on timber sales;

Regrets that the Pakistani Government insisted that all Indian labels be removed from the humanitar-

70.
ian aid delivered by India before it was distributed;

71.
Highlights the fact that the initially hesitant reaction to the disaster by the Pakistani military created a
needs vacuum in the immediate aftermath, which was exploited by militant organisations on the ground,
such as the Jamaat-i-Islami, and Jamaat-ud-Dawa, the renamed Lakshar-e-Tayyaba (declared a terrorist orga-
nisation and, as such, banned by the Musharraf government in 2002), who swiftly became de facto provi-
ders of food, lodging, schooling for children and welfare for widows; is very concerned that this has bol-
stered the credibility of such polarising groups in the eyes of the local population, further undermining any
potential for genuine democratic representation;

Urges the governments of India and Pakistan together with the international community to do all

72.
they can to implement safeguards and to monitor closely the use of funds delivered;

73. Warmly welcomes the landmark agreement of 2 May 2006 to revive trade and commerce across the
LoC between the divided regions of Jammu and Kashmir by launching a truck service on the Srinagar-
Muzaffarabad route, as well as a second cross-Kashmir bus service, linking Poonch in Jammu and Kashmir
with Rawalakot in AJK; suggests the establishment of a road network between Jammu and Sialkot and
Gilgit-Baltistan; also suggests the introduction of a rail link between Jammu and Srinagar and improvement
of the road connecting the two cities; welcomes Prime Minister Singh's pledge on 23 May 2006 to create an
environment of freer trade and freer movement with ‘soft borders’ to create a climate for a Kashmir settle-
ment; strongly encourages both sides to move rapidly to significant volumes of official trade; urges swift
agreement on the modalities of road freight, with an emphasis on simplifying them as far as possible;
suggests the establishment of an integrated market development plan, with several agri-processing units,
cold chains, small-size container services and bonded trucking services;

Conclusions

74.
Urges the EU and its institutions not to let the plight of the people of Jammu and Kashmir disappear
from the radar screen and to ensure that aid and other programmes are designed and implemented with
long-term recovery and institution-building in mind;

Underlines that, as the EU's own experience demonstrates, one of the keys to improving relations
75.
between countries is through increasing bilateral trade flows; believes that,
in the case of Jammu and
Kashmir, cross-LoC trade is particularly vital to the generation of economic growth, development and the
unlocking of its economic potential; recommends that transportation and infrastructure projects be made a
priority;

24.4.2008

EN

Official Journal of the European Union

C 102 E/481

Thursday 24 May 2007

76.
Strongly supports continuing initiatives by the political establishments on both sides and at all levels,
and urges them to give priority to the needs of the people of Kashmir, both materially and institutionally, so
that their political, economic, social and cultural disadvantages can be redressed; recommends that the EU
be available to respond to requests from either government;

Recognises the outstanding work being undertaken by the Commission's delegations in Islamabad

77.
and New Delhi;

78.
Notes that natural disasters sometimes create the political conditions for peacemaking; that nature
knows no borders and that it is only by Pakistan and India taking sustainable action together that they can
offer the people of Kashmir any hope of rebuilding a future;

*

*

*

Instructs its President

79.
the Commission and the
governments and parliaments of the Member States, to the Governments of the Republic of India and
of
Indian and
Pakistani-administered Jammu and Kashmir, and the People's Republic of China, and to the United Nations.

the competent authorities or governments of

to forward this resolution to the Council,

the Islamic Republic of Pakistan,

P6_TA(2007)0215

Estonia

European Parliament resolution of 24 May 2007 on Estonia

The European Parliament,

— having regard to the EU Presidency Statement of 2 May 2007 on the situation in front of the Estonian

embassy in Moscow,

— having regard to the statement made by its President Hans-Gert Pöttering and the debate in plenary on

the situation in Estonia on 9 May 2007,

— having regard to the numerous statements of support for Estonia by the Council, the Commission and

governments of the Member States,

— having regard to Rule 103(4) of its Rules of Procedure,

A. whereas, in the capital of Estonia and in parts of north-east Estonia, between 26 and 28 April 2007,
demonstrators protesting against the Estonian Government's decision to relocate the Soviet ‘monument
to the liberators of Tallinn’ from the centre of the Estonian capital to the Cemetery of the Estonian
Defence Forces a few kilometres away were responsible for two nights of violence, which started with
demonstrators attacking the police and resulted in widespread vandalism in the centre of Tallinn,

B. whereas police were seen using force only in extreme situations, and the Estonian Chancellor of Justice

has not identified any mismanagement of the actions of the police,

C. whereas the Government of Estonia explained in advance the reasons for its decision to the Govern-
ment of the Russian Federation, offering to cooperate with them during the relocation of the monu-
ment and encouraging Russian representatives to attend the exhumations of the remains, which the
Russian authorities refused to do,