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Integrative Bargaining Techniques to Resolve Kashmir Conflict

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It is a geopolitical contest between national governments that are rooted in national interests, notions of security, and the regional dynamics of ethnic and religious nationalism and militancy. Logrolling offer with high variance may be tampered with by another factor. In a wide range of conflicts, equal division of resources is assumed as the ‘fair’ or expected solution. An integrative offer would typically involve high inter-issue variance: the initiating party offers concessions on low priority issues while making tough demands regarding issues of higher priority to herself. Kashmir is comprised of five provinces; which are home to Muslims, Hindus, and Buddhists. Muslims are in majority and Hindus are the second largest group. Logrolling may categorize a combination of some losses and some gains. In the Kashmir dispute, this technique is not applicable because of Kashmir’s unique strategic position that neither India nor Pakistan wants to give their part of Kashmir. The United States should view relations between India and Pakistan, as well as the situation in Kashmir, as a critical foreign policy issue. U.S. engagement has primarily been relegated to crisis management as opposed to a sophisticated, committed, and sustained resolution strategy. 

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Despite many resolutions and debates, the issue of Kashmir is still unsolved for the past 73 years. Between 1948 and 1971, the UN passed 23 resolutions on Kashmir Conflict which had to be implemented by the concerned states but the change in the stance of the Indian government lead to the deadlock and halted the implementation of these resolutions.

Kashmiri people are peace-loving and secular-minded. “Pakistan’s main objective was to put the forgotten issue of Kashmir on the international agenda”. Pakistan’s nuclear capability now grants it some assurances that the international community cannot remain idle and watch the escalation of the conflict between two nuclear powers over Kashmir. When conflicts are caused by a lack of resources, resolution can often occur by ‘expanding the pie’. The reason behind this is that Kashmiris were promised by United Nations the right of self-determination by which they can choose between India, Pakistan, or independence.

Independence is perhaps the most difficult solution for Kashmir. Kashmir is located in between two developing countries.  Even now vast segments of the population in these two countries are illiterate and poverty-stricken and even thought of giving independence to Kashmir threatens to make these countries unstable. So expanding the pie is also not applicable in this account. Hindu extremism in India and Muslim extremism in Pakistan is another serious challenge facing both these countries. So it would be difficult for Indians and Pakistanis to believe that Kashmir deserves the right to be an independent country.

Trade between India and Pakistan should be promoted to create and support a mutual dependence, which would assist them in addressing the Kashmir issue. Increasing trade would also mobilize the business communities as a possible peace constituency with a direct stake in the resolution of the dispute by generating new linkages between the communities and creating mutually beneficial incentives for peace. Nonspecific compensation negotiation techniques can be applied in the matter of trade. In nonspecific compensation, one party gets what it wants by repaying the other party with something unrelated to the source of conflict. The Indian and Pakistani Diasporas should also be explored and mobilized as possible peace constituencies as they regularly fund and support specific activities and leaders of their homelands. Efforts to enhance the exchange of ideas through the media should be pursued to transform perceptions among Indians, Pakistanis, and Kashmiris. These kinds of activities are increasing, but there are sectors of Pakistani and Indian societies that could better be reached by articulating and explaining views of the opposing side in their respective languages. This would reduce misperceptions and mistrust and enhance the exchange of information and opinions, particularly in places that require exposure to peace-oriented news and issues. Contacts between Indian, Pakistani, and Kashmiri parliaments should be encouraged.

Continuous exchanges of this nature would assist politicians to form new contacts with a view toward peace to discuss concrete incentives for peace, such as increasing trade and security and exploiting services that would create and support a mutual dependence between India and Pakistan as well Kashmir. Peace dividends among the parties should be explored to reveal incentives toward peace. The Kashmir issue is critical to security in Pakistan.

A solution without the participation, wishes, and aspirations of the Kashmiri people would not last. A boundary that is the Line of Actual Control, divides the region in two, with one part administered by India and one by Pakistan. India would like to formalize this status quo and make it the accepted international boundary. But Pakistan and Kashmiri activists reject this plan because they both want greater control over the region. Because of the state's majority Muslim population, it believes that it would vote to become part of Pakistan. In cost-cutting, there are high joint benefits, not because one party has changed its position, but because the other party suffers less by conceding to the demand. So this technique is also not suitable to solve the Kashmir dispute. The reason is that the option to give more autonomy to Jammu Kashmir within India seems to be a feasible idea to India and to those who wish to remain under the Indian administration. But that option will be unacceptable to Pakistan, those who want to join Pakistan, and those who wish for full independence. The last option is that of maintaining the present situation, that is maintaining the status quo, which means Jammu Kashmir remains under Indian control, contested by Pakistan and the rebels, the area continues to face constant security problems. Prevention of Terrorism Act (POTA) repeal would go a long way toward improving the human rights situation in Jammu and Kashmir. The government should follow all safeguards in the implementation of other special laws, such as the Public Safety Act (PSA), the Armed Forces Special Powers Act, and the Disturbed Areas Act. Therefore, the Kashmir conflict cannot be resolved by any integrative bargaining technique. It will be solved by a hybrid approach.

This article is written by Hadiqa Tariq, one of the contributors at the School of Literature.

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