European Parliament Draft Report on the Future of Kashmir

Many people have contacted Sharon with concerns about the draft report, authored by Emma Nicholson MEP, on the future of Kashmir that is to be discussed by the European Parliament.

After listening to the many concerns that have been raised, and digesting the report for herself, Sharon has drafted several amendments to the report, along with her colleague Sajjad Karim MEP.

Listed below are the amendments submitted by Sharon and Sajjad. These will then be discussed and voted on by the MEPs in the European Parliament.

B. whereas much of Jammu and Kashmir (deletion) suffers from extreme poverty and neglect, with enormous deficiencies in basic literacy and numeracy, access to healthcare, 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 (deletion)

F. whereas the ceasefire has enabled India and Pakistan to engage in an on-going dialogue on Jammu and Kashmir which is now starting to be modestly successful, and whereas a number of Confidence-Building Measures (CBMs) are being implemented as part of the peace process; and whereas the Kashmiri people must be fully involved and integrated into that process, taking local responsibility,

H. 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 affected,

1.a. (new para) Reiterates the European Union's continued encouragement of both India and Pakistan to engage in a purposeful and result-oriented dialogue over the resolution of the Kashmir dispute, involving the Kashmiri people, and recommendations already made by the European Parliament's ad hoc delegation in its report;

2. Notes that both countries are now nuclear powers, which gives them additional regional and global responsibilities; draws attention to the fact that India is the world's largest democracy and has freedom of the press, respect for the rule of law and a functioning democracy at local level; recognises that Pakistan has made significant progress in strengthening democratic institutions, women's rights, the rights of minorities, freedom of the press and the rule of law; Encourages India and Pakistan to ensure that these democratic and human rights are protected on the ground in Jammu and Kashmir;

3. Notes that the impact of the earthquake had a devastating effect on the basic needs provision of Kashmiri people and has dramatically impaired institution and capacity-building potential; Urges the EU to help and support the Kashmiri people in this regard;

5. 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 as imperative that the Governments of Pakistan and India continue their constructive dialogue and consult with representatives of the Kashmiri people over riparian issues (deletion) and urges them to adopt a holistic approach to water resources, recognizing the key links between water, land, local users, environment and infrastructure; (deletion) urges that the agricultural, fishing, livestock and human water requirements of the local people remain a key priority;

6. Strongly emphasises that the earthquake has had an immense impact on the lives of the Kashmiri people, and that there remains a vast humanitarian situation (deletion) in the valley of AJK; regrets that it has made everyday life virtually impossible for millions of people who were already among some of the most disadvantaged in the region; recognises that day-to-day survival is now the urgent concern for the people, but underlines that their ultimate priority is the exercise of their right to self-determination ;

8. Is deeply saddened that the earthquake had a disproportionate impact on children, nearly wiping out a whole generation of (deletion) Kashmiris, which may well be the most devastating long-term impact of the earthquake; is highly concerned about reports of child trafficking in the aftermath of the disaster, (deletion);

9. Draws attention to the plight of three million Internally Displaced Persons (IDPs) created by the earthquake in AJK; 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; (deletion) strongly recommends that the EU focus consistently on them, as well as on broader issues of democracy, justice and human rights (deletion) and insists the international community continues to assist the government of Pakistan in building the lives and infrastructure of the affected areas;

10 (deletion)

11. Is deeply concerned that the (deletion) basic rights (deletion) enjoyed by (deletion) Kashmiris before the earthquake (i.e. food, water, shelter, sanitation, schools, and barely adequate health-centres) have been devastated as a consequence of the earthquake; notes that such disasters have different impacts on women and children that they do men and many relief organisations struggle to address these different needs in a consistent manner; Notes that women's mobility, legal recognition and access to education have traditionally been restricted in many affected areas and that women faced heightened risks because of insecure housing, male-dominated institutions, and low levels of literacy; Considers that women's ability to benefit from relief and reconstruction operations will be limited unless steps are taken to urgently tackle this; recommends that planning, monitoring and evaluation systems being established by involved agencies, ensure that gender-disaggregated information about how men and women respectively are benefiting from reconstruction activities is gathered, analysed and shared; Urges government survey and monitoring teams to be sensitised both to gender issues and to emerging vulnerabilities;

12. "Reaffirms that, under Article 1.1 of the UN International Covenant on Civil and Political Rights, all peoples have an inalienable right of self-determination, to freely determine their political status and freely pursue their economic, social and cultural development; Reaffirms that, under Article 1.2, all parties to the Covenant shall promote the realization of the right of self- determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations; Urges, therefore, India and Pakistan to find a durable settlement for Jammu and Kashmir, which takes into account the wishes of all the people of Kashmir; Welcomes the statement to this effect in the Council's "EU Annual Report on Human Rights 2005" and further, recalls, the responsibility of the European Union and its Member States in this regard."

12.a. Considers that a sustainable settlement is impossible without placing human rights protection mechanisms at the centre of any attempt to resolve the conflict and ensuring responsibility for abuses by ending impunity; Urges India and Pakistan to use every available opportunity to press for an end to impunity for perpetrators of serious human rights abuses, including members of the military, intelligence agencies, police and militant groups; Urges respect for international due process and fair trial standards; Urges India, Pakistan and the state governments to each establish an independent and impartial commission of inquiry into serious violations of international human rights and humanitarian law since the beginning of the conflict and calls on them to ensure that human rights organisations have freedom of movement throughout the region and are permitted to carry out investigations and fact-finding missions free from intimidation and interference;

12.b. Notes that both India and Pakistan are members of the UN Human Rights Council and are therefore bound to cooperate with its mechanisms; Urges India and Pakistan to issue a standing invitation to the relevant UN thematic human rights rapporteurs or working groups to come to Jammu and Kashmir to investigate the human rights situation and urges the UN High Commissioner for Human Rights to use her good offices in this regard; Urges the UN Human Rights Council to appoint a special rapporteur with an ongoing mandate to publish regular and public reports on the human rights situation in Jammu and Kashmir; Urges the governments of India and Pakistan to publicly commit to full cooperation with the special rapporteur, including any necessary visits;

12.c. (new para) Notes with concern that the Asia region continues to have a poor record with regard to the death penalty and deeply regrets that both India and Pakistan are retentionist states; Welcomes that key abolitionist voices in the region include the President Kalam and the newly-appointed Chief Justice to the Supreme Court in India; Welcomes UN Resolution 2005/59, on the question of the death penalty, and reaffirms the European Union'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, introduce a moratorium on the death penalty and move towards complete abolition;

12.d. Welcomes the Joint Action Plan adopted at the sixth India-EU Summit, which includes discussions on human rights issues based on the commitment to work together to uphold human rights in a spirit of equality and mutual respect; insists these discussions explore the public commitment by the Indian leadership to ensure that India's security forces improve their approach to human rights in Jammu and Kashmir and encourage India to find a durable settlement with Pakistan, which takes into account the legitimate interests of the people of Kashmir; Suggests the European Union could contribute to this process by funding a peace conference, to be held in two separate sessions, one in Indian administered Kashmir and one in Pakistan administered Kashmir, with experts on conflict resolution from both sides of Jammu and Kashmir, India, Pakistan, as well as from the EU;

13. Notes that Indian-administered Jammu and Kashmir was less affected by the earthquake than AJK (tens of thousands made homeless, as opposed to millions in AJK) (deletion); notes that, as a result, of the 30,000 in Indian administered Jammu and Kashmir who lost their homes, all now have housing due in large measure to an intelligent self-help policy instituted by the government of India and the limited affect of the earthquake; regrets that no international humanitarian organisation was granted access to the earthquake affected areas in Indian administered Jammu and Kashmir to carry out relief and rehabilitation operations; encourages the government of India to accept offers of assistance from the international community in times of emergency;

13.a. (new para) Considers that, given the impact of climate change, we can be sure that extreme environmental events like this tragic earthquake are likely to continue, with increasing frequency, in the years to come; Notes that a series of factors, such as administrative issues and poor dissemination of public information have slowed and hindered the rebuilding of earthquake-resistant homes in AJK so that, by mid-September 2006 only 17% of affected people had begun rebuilding their homes, and almost one third of these were not in compliance with official guidelines; Considers, therefore, that the governments of India and Pakistan, supported by the expertise and technical assistance of the NGO community and in close consultation with local civil society organisations, should devise and implement appropriate, effective mass communication strategies to promote seismically-safe reconstruction; Encourages, in this regard, the collection and analysis of data from across Jammu and Kashmir, split by gender, to support well-targeted preparedness and rapid response policies and to inform individuals of their entitlements;

13.b. (new para) Considers that humanitarian assistance and aid should be provided impartially and proportionately according to need, without regard to political affiliation; Acknowledges, however, that rural dwellers, who have lost land permanently as a result of the earthquake, remain extremely vulnerable; Encourages the government of Pakistan to consider, as a priority, the presentation of official plans to address the issue of the rural landless and to begin a harmonised and equitable process of registration, verification of eligibility and land allocation to those people claiming to be landless, across AJK and NWFP;

15. Has warmly welcomed the CBMs initiated by India and Pakistan, which are achieving a moderate degree of success in reducing tension and suspicion on both sides; emphasizes that great efforts should be made by the governments of India and Pakistan to involve Kashmiris in the resolution of the core issues;

16. Draws attention to the fact that ordinary Kashmiris, by virtue of their struggle for self-determination and the humanitarian situation after the earthquake, are now becoming intimately involved in the modalities of the peace process, through the exchanges taking place and the free movement (albeit still limited) across the LoC;

17. Welcomes Pakistan's attempts to introduce meaningful and representative democratic structures in AJK; Notes that Pakistan has always publicly accepted Jammu and Kashmir as a disputed territory and therefore logically has never deemed it as an integral part of the Union of Pakistan and therefore there is no (deletion) Kashmiri representation in the Pakistan National Assembly, rather, AJK is administered through the Ministry of Kashmir Affairs in Islamabad; Is concerned, nevertheless, 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; Notes further that article 257 of the 1974 Interim Constitution of Azad Jammu and Kashmir states that the relationship between Pakistan and the state of Jammu and Kashmir shall be determined by the wishes of the people of the state and, further, prohibits any Pakistani national from owning immovable property in AJK; Remains concerned, however, by the provision in the 1974 Interim Constitution of Azad Jammu and Kashmir, 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; Urges Pakistan to address concerns over the democratic representation of the people of the Gilgit-Baltistan region;

18. Recognises that Pakistan finds itself in a particularly complex situation with pressure from many sources; nevertheless:

- (deletion)

- Welcomes the amendments to the rape laws, approved by the National Assembly on 15 November 2006, which take rape out of the sphere of religious law and put it under the penal code, providing victims partial relief; Notes, however, disappointment at the new clause on extra-marital sex and urges the Pakistan government to move rapidly to address the outstanding issues in the Hudood Ordinances to ensure compliance with obligations under the Convention on the Elimination of Disrcimination Against Women; Wholeheartedly supports the will of President Musharraf and reformist parliamentarians in this regard, but acknowledges the pressures on them from religious conservatives;

- remains concerned about discrimination based upon sexual orientation, gender, race, religion or physical or mental disability

19. Notes that all EU agreements with third countries include a human rights and democracy clause, which forms an essential element of that agreement; Asks the European Commission to regularly report to the European Parliament the extent to which human rights and democracy clauses have been utilised in the 3rd Generation Cooperation Agreement it signed with Pakistan in 2004, and asks the Commission to pay specific attention to the impact of this clause, during negotiations for the EU-India Free Trade Agreement to ensure that trade is not divorced from development and human rights concerns;

19.a. (new para) notes that India is the single largest beneficiary of the General System of Preference Scheme (GSP); Calls on the Commission to provide information on effective implementation of UN and ILO conventions by all GSP+ beneficiary countries, including India, and, in particular, to specify whether there are cases of serious and systematic violation of principles laid down in human and labour rights conventions, with specific reference to Jammu and Kashmir;

19.b. (new para) Welcomes the fact that the Commission regularly considers whether countries should be added to he GSP+-list of countries; urges the Commission to automatically revisit the GSP+ scheme, and other appropriate trade measures, in the immediate aftermath of large-scale natural disasters, such as the earthquake, which impacted Jammu & Kashmir, where protracted reconstruction efforts could have a negative long-term impact on human rights and to keep these trade measures under constant review; encourages the Commission to apply, in such cases, tariff preferences to the countries affected under an expedited procedure, in line with the GSP+ time periods applied following the tsunami in south-east Asia; Welcomes, in this regard, Commissioner Peter Mandelson's statement of 14 November 2006 that, as regards the GSP scheme, "we must do everything we can within those rules to give assistance to Pakistan."

20. Urges Pakistan and India to revisit its concept of democratic accountability, minority and women's rights in Jammu and Kashmir, which as elsewhere are key to improving conditions for the people and tackling the violence of state and non-state actors;

21. Deplores numerous documented serious human rights violations by Indian army and paramilitary forces; Deplores the widespread phenomenon of extrajudicial executions, confirmed by Indian police and army officials who reported to Human Rights Watch that alleged militants taken into custody are often executed instead of being brought to trial and subsequently recorded as "encounter killings;" Condemns extraordinary powers that permit lethal force, under the authority of such laws as the Jammu and Kashmir Disturbed Areas Act and Armed Forces (Jammu and Kashmir) Special Powers Act, which even the Indian army admits have led to "mistakes," resulting in the deaths of innocent people;

21.a. (new para)

Deplores that Indian security forces have long been responsible for enforced disappearances, with Kashmiri human rights defenders claiming at least eight thousand people have disappeared since the conflict began, (most last seen in the custody of troops), whilst the state government has admitted that nearly four thousand people are "missing" in Jammu and Kashmir, although failed to provide information about their fate; Notes that the number of new "disappearances" appears to have decreased in recent years, but considers that they continue at all is deplorable for the world's largest democracy; Urges the security forces to implement the judgement of the Assam High Court on the Army Special Powers Act, that civilians must be handed over to the police within 24 hours and to improve record keeping to ensure full documentation of those detained during security operations; Urges the Indian government to allow the International Committee of the Red Cross (ICRC) access to designated places of detention, as well as any informal areas used for interrogations or short-term detention, such as military bases or hotels;

21.b. (new para)

Notes that, under the Indian Evidence Act, someone must be missing for 7 years before they can be legally declared dead and their property inherited, so that there are at least one thousand "half widows" in J&K; Insists that information be made available for families about arrests such as, reasons for arrest, place of detention and health of any suspect and an official mechanism be established to provide information on missing persons; Encourages the provision of capacity-building services to women to assist those who have been left in financial, legal and social limbo after the disappearance of their husbands;

21.c. (new para)

Deplores the all too frequent incidents of terror and violence perpetrated by armed militant groups based in Pakistan; (deletion); 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; welcomes the continued and determined commitment by President Musharraf to fighting terrorism, which, it is widely recognised, presents enormous challenges; approves and supports multilateral and bilateral EU Member State aid to assist Pakistan in fighting terrorism and in making determined efforts to improve the lives of the people of AJK; Urges India and Pakistan to allow UN monitors to have unfettered access and be provided with complete cooperation to undertake investigations into human rights violations and allegations of cross-border terrorism;

21.d. (new para) Is deeply concerned that in Jammu and Kashmir, 70% of all patients visiting doctors are suffering from depression and approximately 66% of the population have some form of heart disease; Is deeply concerned that there is a high level of psychiatric problems experienced by young people, which must be partly traced to the insecurity felt when witnessing human rights violations by all parties at close quarters and the shock of the earthquake; Insists training and support be provided for local mental health counsellors and trauma centres be established to deal with mental health problems; Urges the European Union to support these initiatives through funding, technical support and expertise;

22. Recognises and supports the aspiration of the Kashmiri people for self-determination and a significantly reduced military presence in the area and the beneficial impact this will have on their mental health and sense of security, particularly for children and young people; encourages demilitarisation and efforts to neutralise the threat of infiltration by militant groups to start urgently and underlines the particular role of the UN in facilitating this process (deletion); suggests the security forces reduce the length of service of soldiers in Jammu & Kashmir, as longer stays raise stress levels and indiscipline, which can lead to abuses; suggests a reduction in the use of paramilitaries, who tend to have lower standards of recruitment, discipline and accountability;

23. Notes that while 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, there remain deficiencies in practice with regard to human rights and direct democracy; (deletion) 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; urges the Indian parliament to amend the Human Rights Protection Act 1993 to allow the NHRC to independently investigate allegations of abuse by members of the armed forces; Encourages the NHRC to fulfil its mandate and provide training for human rights organisations and to contribute to expanding the availability of human rights courses specially tailored for situations like Jammu & Kashmir, including increasing the availability of internet-based modules; looks forward to enhanced progress in this area, and to positive outcomes from the new laws (deletion) on women and violence;

23 a. Congratulates 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, with the aim finding a solution to the dispute, which takes into account the wishes of the Kashmiri people and is acceptable to all the parties;

23.b (new para) Remains concerned that the MDG of ensuring that primary education is universally available by 2015 is unlikely to be met; Notes that Estimates suggest that donors will have to increase their spending on primary education from the current USD 2 billion a year to USD 12 billion a year in order to close the gap; Notes that, comparatively, Pakistan has the largest number of children - nearly eight million- out of primary school in the world; stresses that, without schools, children are far more susceptible to recruitment by armies or militias or other forms of exploitation; Considers, therefore, that of the additional USD 10 billion a year, USD 5.8 billion should be earmarked for countries affected by or recovering from violent conflicts, in particular Pakistan, which has been affected by both internal and external conflicts in recent years and is of particular strategic importance in the war against terrorism; Welcomes that the Commission has agreed education as a priority in Pakistan; Looks forward to the new planned education projects, which are going to start in the Sindh and North West frontier provinces; and, if successful, encourages the Commission and the government of Pakistan to replicate these projects in Azad Jammu and Kashmir;

24. Recognises the difficult living conditions of a number of groups, such as the migrant Pandits of the Kashmir Valley and internally displaced people from Indian administered Jammu and Kashmir to AJK; urges that discrimination against them and other groups, particularly in employment, be addressed head on; considers that such groups should have the right to return to their respected places in the state of Jammu and Kashmir (deletion)

25. Encourages stronger linkages between the three key areas of Indian administered J&K: Srinagar Valley, Jammu and Ladakh, through encouraging dialogue between the representatives of political, religious and ethnic groups; Encourages, in particular, initiatives to build trust among the civilian Muslim population, whose sense of security has been seriously damaged by human rights violations (deletion); 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; (deletion)

25.a (new para) Notes, with concern, that the preliminary damage and needs assessment prepared by the Asian Development Bank and the World Bank, which the Commission contributed to, estimates the total loss of employment or livelihood, as a consequence of the earthquake, at 29%, impacting approximately 1.64 million people, over half over whom were estimated to be under the age of 15; Welcomes the Commission's EUR 50 million project "Earthquake early recovery and reconstruction support to Pakistan;" emphasises that this project should focus on projecting the most vulnerable in the short-term, restore 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;

26. Considers Prime Minister Singh took a step in the right direction in November 2004 when he announced an Rs. 240 billion plan to reconstruct the economy of Jammu and Kashmir and urges India to renew its focus on Jammu and Kashmir; Notes that the main thrust of the plan is the electrification of all villages by 2007, but encourages further development in job creation and measures to promote tourism, and to examine how the (deletion) EU's trade and economic relations with India and Pakistan 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 marketing; believes the EU 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;

26. a. (new para) Considers that, to reinforce the involvement of Kashmiris in controlling their own destiny, cross-LOC bodies could be established to increase dialogue and cooperation on issues concerning the economic regeneration of the region, such as tourism, trade and environment; Considers, in particular, increased links and cooperation between Chambers of Commerce on both sides to be essential to the revitalisation of the economy; suggests the European Union support such initiatives through funding and providing technical assistance;

27. Acknowledges that the response to the earthquake from the international community, India and Pakistan (with some initial exceptions due to bureaucratic rigidity and lack of coordination) was swift (deletion) domestic and local NGOs responded well, working with the local and central administrations; Is concerned, nevertheless, that India refused international humanitarian organizations and human rights organisations to operate in the earthquake affected areas for relief and rehabilitation purposes;

28. Notes that the UN piloted the "cluster" system to address common gaps in the capacity and predictability of humanitarian response, whereby specialised clusters were established for key sectors in the capital Islamabad, in addition to regional coordination hubs, to improve information sharing, coordination and accountability; 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; Notes, nevertheless, that the UN's evaluation process later identified the need for several improvements in relation to NGO participation, communication between hubs and the capital, limited accountability across clusters, and scant policy advocacy on key issues so that the UN struggled to deliver important UN responsibilities, such as social protection; Notes that, whilst the earthquake came as a devastating surprise, certain subsequent events, such as the migration of people from camps, were predictable; Regrets, therefore, that those providing assistance sometimes struggled to act in a timely and appropriate manner to prevent or mitigate the negative impact of these secondary shocks; Urges the European Union to contribute to the UN's evaluation process and to strive for an improved humanitarian response mechanism;

29. Notes that Pakistan established a Federal Relief Commission within days of the disaster to coordinate search and rescue and relief operations; regrets, expresses regret that more was not done to achieve a consensus on the use of helicopters, as well as cross-LoC joint relief operations, medical relief teams and repair of telecom infrastructure, all of which could have significantly contributed to reducing casualties

30. Welcomes the funds so speedily pledged by Pakistan's neighbouring states (India, China, Iran, Afghanistan) 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; congratulates the Kashmiri Diaspora for raising funds for the earthquake victims;

31. 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 organisation and, as such, banned by the Musharraf government in 2002), who swiftly became de facto providers of food, lodging, schooling for children and welfare for widows; is very concerned that, whilst the local population generally appreciates the recovery efforts of the government and of humanitarian agencies, a window of opportunity was opened for politically extreme elements to exploit the situation for their own ideological interests; Considers that the European Union should remain responsive to socio-political developments in this region by supporting mainstream humanitarian actors working towards an inclusive, sustainable, and equitable recovery;

32. Urges the international community to use its massive reconstruction pledges to, among other things, support Pakistan's democratic transition; is deeply concerned about the diversion of funds (deletion); urges the international donor community to do all it can to implement safeguards and to monitor closely the use of funds delivered;

35. 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 a Joint Economic and Development Council of Jammu and Kashmir should be established to promote trade, investment and joint ventures; Suggests that such a council should implement a fast track visa scheme for all Kashmiris who have bona fide business and family interests on both sides of the LoC; suggests visa windows should be established in Srinagar and Muzzafarabad for this purpose and recommends similar arrangements for the free-flow of all citizens of India and Pakistan as an ultimate long-term goal; suggests that exchange programmes be created between professional associations, schools and academics, including a common University with a campus on either side of the LoC; suggests, at a political level, that a parliamentary committee be established, comprised by the political representatives of the Kashmiri people, to foster greater parliamentary exchange and dialogue and working parties be established to explore trade and tourism issues;

36 (deletion)

37. Encourages EU multinationals to recognise the investment potential of Jammu and Kashmir, and in particular the existence of a skilled, educated workforce (deletion); suggests that European businesses might enter into joint ventures with local companies and that investment insurance schemes be created to boost investor confidence;

39. Stresses that tourism has considerable potential to bolster the local economy given the region's rich supply of natural resources; (deletion) Notes, however, that a rapid growth in population, lack of sanitation and poverty have led to deforestation, depleted pastures, declining wildlife and severe soil erosion; Notes that uncontrolled urbanization and unplanned tourism have further degraded the environment and the ecological balance of the region; Considers that the development of eco-tourism could be a solution that would be beneficial to both the people and wildlife and has tremendous scope for job-creation; Considers that a community forest management programme is needed to help afforestation, with both economic and employment benefits; encourages EU Governments to keep a close eye on the security and human rights situation, with a view to ensuring up-to-date, coordinated travel advice to those wishing to travel to Jammu and Kashmir;

40. Underlines that, as the EU's own experience demonstrates, one of the keys to improving relations between countries is through increasing bilateral trade flows; Notes that, to date, the scale of official trade between Pakistan and India remains negligible compared to their respective global trading volume and, despite their close proximity, neither falls into the category of top ten trading partners of the other; Notes that this is partly due to history of being relatively closed economies but, more importantly, their trade relations have been influenced by longstanding political disputes; nevertheless, though trade between the two countries has fluctuated over the past decade, the overall level of official trade has increased from USD 180 million in 1996 to USD 602 million in 2005 and, given the high level of informal trade indicates the latent trading potential between them, this trend has the potential to continue;

40.a. (new para) believes that, in the case of Jammu and Kashmir, cross-LoC trade is both a confidence building measure, and particularly vital to generating economic growth, development and the unlocking of its economic potential; calls on both India and Pakistan to further reduce administrative impediments to enable unofficial trade, (smuggling via the porous Indo-Pak border and Afghanistan), to be conducted through official means; Urges the EU to offer technical assistance, if required, in this regard and recommends that road and infrastructure projects be made a priority;

40.b. (new para) Notes India's acceptance that, if it wishes to achieve its ambitions, it must fulfil its responsibilities in South and South East Asia; Considers that trade could be used as a confidence building mechanism, not only between India and Pakistan, but throughout the whole region; remains concerned, therefore, that intra-regional trade in SAARC is still low; Notes that political disputes between India and Pakistan have stalled progress in the implementation of SAFTA; calls on both parties to continue political dialogue in tandem with trade negotiations; notes that consideration of items on the positive and negative lists is currently before the SAFTA Council; calls on the Commission to offer any assistance required to facilitate this process and to ensure that real progress is made at the 14th SAARC Summit;

40.c. (new para) Considers that SAARC's potential to assist dialogue between India and Pakistan could be used more effectively; Considers that, although its charter excludes bilateral and contentious issues, SAARC could serve as a forum to assist the normalisation process by promoting cooperation in such areas as trade; Welcomes the Commission's proposal for a programme of economic cooperation with SAARC, which covers trade facilitation (customs), standards and cooperation between businesses in the region; Considers the objectives of this programme, which are to promote intra-regional trade through support for SAFTA implementation, will in turn support improved political relations in the region, notably between India and Pakistan; Appreciates the programme has not yet been presented to EU Member States, as it is awaiting approval from the SAARC side, but urges the Council to support the proposal when it comes before it;

41. Warmly welcomes the landmark agreement of 2 May 2006 to revive trade and commerce across the Line of Control 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 Azad Jammu Kashmir; Suggests the establishment of a road network between Jammu and Sialkot and Gilgit-Baltistan; 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 settlement; 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;

42. 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 as well as from the political representatives of the Kashmiri people;

43. Notes that natural disasters sometimes create the political conditions for peacemaking but regrets that this opportunity was only partially taken up in the aftermath of the earthquake; urges the two sides to look upon the quake as a wake-up call that nature knows no borders and that it is only together that they can offer the people of Kashmir the conditions to exercise their inalienable right to self-determination and any hope of rebuilding a future;

44. Instructs its President to forward this resolution to the Council, the Commission and the Member States of the European Union, to the Governments of the Republic of India, the Islamic Republic of Pakistan and the People's Republic of China, the government of Azad Jammu and Kashmir, the SAARC Council and to the United Nations