The
South Tyrol formula has elements in it which could apply to Kashmir. Many of
the ingredients of the Kashmir drama such as the dissolution of an empire,
forceful annexation of territory, friction between two neighbours, UN
intervention, terrorism and demand for autonomy have had their play there.
Borders did not have to be
redrawn in order to give Italy and Austria a sense of satisfaction about the
present status of South Tyrol. The dynamic autonomy of the Italian and German
populations has made boundaries and even sovereignty redundant.
The story of South Tyrol goes
back to the days of the dissolution of the Holy Roman Empire in the 19th
century when South Tyrol passed to Austria in 1815. An agitation by the Italian
minority began soon after, but it was after the First World War that Italy
managed to annex the territory and legitimise the annexation through post-war
treaties. A Hitler-Mussolini agreement in 1938, which provided for the Germans
to move to Germany and the Italians to Italy, was never implemented, as it was
unpopular and impractical. Germany reoccupied the territory for a brief period
during the Second World War, but it was soon restored to Italy in 1945. The
German aspiration for joining Austria or gaining autonomy was a constant cause
of tension in the territory.
The search for autonomy for the
German and Italian populations of the region as a way to resolve the status of
South Tyrol began in 1946 when both Italian and German were declared official
languages. But the emergence of German terrorism and the friction between Italy
and Austria prompted Austria to take the issue to the United Nations in 1960.
UN involvement facilitated a
bilateral agreement between Austria and Italy in 1971, according to which the
German-speaking area, now named Bozen, as part of the Italian region of
Trentino-South Tyrol, acquired greater autonomy from Italy. Three autonomy
packages were enacted by Italy since 1969, giving more and more autonomy to
Bozen. In return, Austria refrained from interfering in the internal affairs of
Bozen.
The sovereignty question was
referred to the International Court of Justice, but with the emergence of the
European Union, the issue became more academic than real. Bozen, still called
Bolzano by the Italians, is very much an Austrian city today, even though it
falls within the borders of Italy. The sister city of Trento remains an Italian
city within the region of Trentino-South Tyrol. Most places maintain Italian
and Austrian names without any undue confusion. A third community, Ladin, with
its own language, also retains its identity and enjoys certain privileges.
The greatest merit of the South
Tyrol formula is that it does not involve redrawing of maps or resettlement of
populations. The linguistic and cultural affinity of the German population to
Austria has found expression in their dynamic autonomy, which progressively
brings them closer to Austria even within the framework of the Italian nation.
But the complexities of the Kashmir issue are all too self-evident to need any
elaboration.
First and foremost, the South Tyrol
issue was never as fundamental to the Austrian state as the Kashmir issue had
become to Pakistan. Moreover, religious passion has been absent in the whole
dispute, even though linguistic passion can be equally lethal. One can also
argue that the South Tyrol formula should apply only to Pakistan-occupied
Kashmir as the rest of Jammu and Kashmir had never changed hands as a part of
the dissolution of the British empire or by any subsequent war.
The autonomy formula has not worked
in Kashmir so far because Pakistan does not see anything for itself in securing
autonomy for Kashmiris. But if dynamic autonomy opens the doors for an eventual
determination by the people of Kashmir about their future, Pakistan may see
some merit in it. Pakistan's recent inclination to give up the UN resolutions
and plebiscite as the basis of a settlement has opened up the autonomy window
even further. When some US scholars talked of the Line of Control plus as a
formula, they were thinking clearly of autonomy, leaving the territorial issue
aside. Talk of soft borders and diminishing importance of boundaries, together
with dynamic autonomy may, however, ring alarm bells in India.
A former Pakistan ambassador said
the only way out in the Kashmir imbroglio was to keep the status quo in other
parts of Jammu and Kashmir and establish a joint administration between India
and Pakistan in the Valley on the lines originally envisaged for Jerusalem.
When I pointed out that the idea did not work in Jerusalem, he surprisingly
said that Pakistan could be content with free access to the Valley even if it
remained under the control of India. The Nobel prize for peace is assured to
the leaders of India and Pakistan if they find a final solution to Kashmir.
Among the many pointers may well be Jerusalem and South Tyrol.
The writer is a former diplomat .