Pakistan-administered Kashmir

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'''Pakistan Administered Kashmir''' (P.A.K.) comprises five regions - the Kashmir Valley, Jammu, Ladakh, Azad Kashmir and Gilgit and Baltistan. All five regions are disputed and part of the Indian occupied Kashmir territory, as they were at the time of independence after the Indo-Pakistan War of 1947. Quaid-e-Awam, Shaheed-e-Azam, Zulfiqar Ali Bhutto promulgated the Azad Jammu and Kashmir Act of 1974 to virtually liberate the PAK.

1974 act

AJK act declared Islam to be the state religion of PAK, disqualified non-Muslims from election to the Presidency and forbade activities prejudicial or detrimental to the ideology of the State's accession to Pakistan (Article 7).It prescribed in the oath of office the pledge 'to remain loyal to the country and the cause of accession of the State of Jammu and Kashmir to Pakistan'. The PAK Constitution states: 'No person or political party in Azad Jammu and Kashmir shall be permitted to propagate against, or take part in activities prejudicial or detrimental to, the ideology of the State's accession to Pakistan'. Under Section 5(2) (vii) of the PAK Legislative Assembly Election Ordinance 1970, a person would be disqualified for propagating any opinion or action in any manner prejudicial to the ideology of Pakistan, the ideology of PAK's accession to Pakistan, or the sovereignty and integrity of Pakistan. The same caveat applies to anyone who 'defames or brings into ridicule the judiciary of AJK, of Pakistan, or the Armed Forces of Pakistan'.


Azad Jammu and Kashmir (AJK)

"Azad" literally means free. However, "World Freedom House" declared the place "not free"

"Azad" Kashmir is part of PaK. It does not include the other territories of PaK like Gilgit Baltistan and Saksham Valley.

Gilgit-Baltistan autonomous region

Pakistan unilaterally amalgamated Gilgit, Skardu and Baltistan regions of PaK with the Federation of Pakistan by redefining these as the Northern Territories administered directly by Islamabad. The arbitrary takeover by Pakistan of these territories was challenged in the High Court of PAK and even the court felt impelled to declare Gilgit, Skardu, Baltistan etc, as part of PAK. There were public protests even in the northern territories as well as in (AJK) PAK but the Government in Islamabad not only ignored the protests but also the courts verdict. Northern Territories, stretch across 60,000 sq. km. with a population of 10,00,000.

Shaksam valley

Pakistan unilaterally arbitrarily transferred parts of the State of Jammu and Kashmir without their peoples' consent to China as a goodwill gesture to China in exchange for nuclear proliferation. It ceded nearly 5180 sq. km. of the Northern Territories, which were undisputedly part of Kashmir to it without the mandate of the population in those areas.

Political status

Unlike the so-called special status given to the state of Jammu and Kashmir by India is rejected by the Kashmiris themsleves due to article 370 of Indian constitution, PAK does not hold any special status in Pakistan. Wealthy Pakistanis from the Punjab province, have got land and property in PAK. Those asking for freedom from India are fewand the majority want to be with Pakistan and are more concerned about jobs, peace and development of the region. Various surveysin the 1990s clearly indicated that the 'staying India option' is not desired by residents of the Kashmir Valley. While the Republic of India has around 14 crores Muslims, only about 50 lakhs live in Occupied Kashmir. Indian Muslims have never asked for a separate nation, but the Kashmiri people have from both India and Pakistan.

India covets Jammu and Kashmir territory and its water resources, not its people. Both India and Pakistan did not vacate the territories occupied by them.

Constitutional status in Pakistan
The provision in the 1974 Interim Constitution forbids any political activity that is not in accordance with the doctrine of Jammu and Kashmir as part of Pakistan. The interim constitution demands that candidates contesting for a parliamentary seat in PaK, referred to as the Azad Kashmir by Pakistan, must sign a “declaration of loyalty”. Since independence, Pakistan has devised and changed three written constitutions and the fourth one was drawn up in 1985.

Pakistani view

Pakistan maintains that Kashmir is the "jugular vein of Pakistan" and a currently disputed territory whose final status must be determined by the [[Kashmiri people|people of Kashmir]]. Pakistan's claims to the disputed region are based on the rejection of Indian claims to Kashmir, namely the Instrument of Accession. Pakistan insists that the Maharaja was not a popular leader, and was regarded as a tyrant by most Kashmiris. Pakistan maintains that the Maharaja used brute force to suppress the population. Pakistan claims that Indian forces were in Kashmir before the Instrument of Accession was signed with India, and that therefore Indian troops were in Kashmir in violation of the Standstill Agreement, which was designed to maintain the status quo in Kashmir (although India was not signatory to the Agreement, which was signed between Pakistan and the Hindu ruler of Jammu and Kashmir). From 1990 to 1999, some organizations reported that the Indian Armed Forces, its paramilitary groups, and counter-insurgent militias were responsible for the deaths of 4,501 Kashmiri civilians. Also from 1990 to 1999, there were records of 4,242 women between the ages of 7–70 being raped. Similar allegations were also made by some human rights organizations.

In short, Pakistan holds that:
The popular Kashmiri insurgency demonstrates that the Kashmiri people no longer wish to remain within India. Pakistan suggests that this means that Kashmir either wants to be with Pakistan or independent.

According to the two-nation theory, which is one of the theories that is cited for the partition that created India and Pakistan, Kashmir should have been with Pakistan, because it has a Muslim majority.
India has shown disregard to the resolutions of the UN Security Council and the United Nations Commission in India and Pakistan by failing to hold a plebiscite to determine the future allegiance of the state.

Pakistan has noted the widespread use of extrajudicial killings in [[Indian-administered Kashmir]] carried out by Indian security forces while claiming they were caught up in encounters with militants. These encounters are commonplace in Indian-administered Kashmir. The encounters go largely uninvestigated by the authorities, and the perpetrators are spared criminal prosecution.

Human rights organizations have strongly condemned Indian troops for widespread rape and murder of innocent civilians while accusing these civilians of being militants.

The Chenab formula was a compromise proposed in the 1960s, in which the Kashmir valley and other Muslim-dominated areas north of the [[Chenab River]] would go to Pakistan, and Jammu and other Hindu-dominated regions would go to the [[Republic of India]].

** Kashmir in Pakistani politics**

Azad Kashmir has its own constitution, the Azad Jammu and Kashmir Interim Constitution Act of 1974, and a locally chosen parliamentary form of government, as described above . The constitution allows for many of the structures that comprise a self-governing state, including a legislative assembly elected through periodic elections, a prime minister who commands the majority in the assembly, an indirectly elected president, an independent judiciary, and local government institutions.

But these provisions are hollow. Under Section 56 of the Jammu and Kashmir Interim Constitution Act (which was drafted by the Federal Ministries of Law and Kashmir Affairs in Islamabad), the Pakistani government can dismiss any elected government in Azad Kashmir irrespective of the support it may enjoy in the [[Azad Jammu and Kashmir Legislative Assembly|AJK Legislative Assembly]]. The Interim Constitution Act provides for two executive forums—the [[Government of Azad Jammu and Kashmir|Azad Kashmir Government]] in Muzaffarabad and the Azad Kashmir Council in Islamabad.

The latter body, presided over by the prime minister of Pakistan, exercises paramount authority over the AJK Legislative Assembly, which cannot challenge decisions of the council. The council is under the numerical control of the federal government in Islamabad, as in addition to the Pakistani prime minister it comprises six other federal ministers, the minister of Kashmir affairs as the ex-officio member, the prime minister of Azad Kashmir, and six Azad Kashmir members elected by the Legislative Assembly. The interim constitution act lists fifty-two subjects—virtually everything of any importance—that are under the jurisdiction of the Azad Kashmir Council, which has been described as the “supra power” by the Azad Kashmir High Court. Its decisions are final and not subject to judicial review.

Thus, Azad Kashmir remains for all intents and purposes under Pakistan’s strict control, exercising no real sovereignty of its own. From the outset, the institutional set up in the territory was designed to ensure Pakistan’s control of the area’s affairs. According to the [[United Nations Commission for India and Pakistan]] (UNCIP) 39 resolutions, Azad Kashmir is neither a sovereign state nor a province of Pakistan, but rather a “local authority” with responsibility over the area assigned to it under the current 2003 ceasefire line agreement. The “local authority” or [[Provisional government]] of Azad Kashmir as established in October 1947 handed over to Pakistan under the [[Karachi Agreement]] of April 28, 1949, matters related to defense, foreign affairs, negotiations with the UNCIP and coordination of all affairs relating to Gilgit and Baltistan (strategically important territories that now comprise Pakistan’s “Northern Areas” but are falsely claimed by the Republic of India as part of the state of [[Jammu and Kashmir]]).

A former president of Azad Kashmir (who preferred not to be named in this report) described the situation as “government of Azad Kashmir, by the Pakistanis, for Pakistan.” He also pointed to the striking continuity of the “old princely system” under British rule because of Islamabad’s “[[Viceroy]]” role generally and the maintenance of the traditional biradarisystem locally.

The constitution of Azad Kashmir poses major impediments towards genuine democracy as it bars all those parties and individuals from participating in the political process who do not support the idea of Kashmir’s accession to Pakistan and hence precludes all those who are in favor of Kashmiri independence. To fail to support, or fail to appear to support Kashmir’s accession to Pakistan means to invite the ire of Pakistan’s abusive intelligence agencies and its military. It also entails inviting political persecution, such as ineligibility to contest elections or to seek employment with any government institution, or the curtailing of basic freedom of expression.

True State government

"Azad" Jammu and Kashmir

Although,"Azad" means sovereignly "independent", Pak is a government whose independence is not recognised by any nation including Pakistan. It is administered and controlled by Pakistan. Pakistan has consistently failed to fulfil its obligations to introduce “meaningful and representative democratic structures” in PaK. In this context, the absence of Kashmiri representation in the Pakistan National Assembly and the fact that PaK is governed through the 'Ministry of Kashmir Affairs' in Islamabad. Further that the 'Kashmir Council' is dominated by Pakistani officials and the chief secretary, inspector-general of police, accountant-general and finance secretary in the PaK are all from Pakistan. PaK government was not a provisional regime but a declaration proclaiming PAK as an integral part of Pakistan.

"Pakistan administered Kashmir is completely lacking in democracy, people suffer oppression and have no voice,” said BJP spokesman Ravi Shankar Prasad, citing a 2007 report of the European Parliament to buttress his argument".

Gilgit Baltistan

On 28 May 1999, the Supreme Court of Pakistan said: 'it was not understandable on what basis the people of Gilgit Baltistan can be denied the fundamental rights guaranteed under the Constitution' i.e. right to equality before law, right to reside and move freely, right to vote, right to be governed by their chosen representatives, right to form political parties, right to assemble peacefully, right to freedom of speech and expression, right to habeas corpus and against illegal detention, right to acquire, hold and dispose property, and the right to have access to an appellate court of justice for the enforcement of all other rights guaranteed under the latest constitution of the country.

Comparison with (Indian occupied territory of) Jammu and Kashmir

The European Parliament report draws attention to the fact that India is “the world’s largest secular democracy” and has “devolved democratic structures at all levels”. In contrast, the report states that Pakistan “still lacks full implementation of democracy in Pakistan administered Kashmir and is yet to take steps towards democracy in Gilgit and Baltistan’.

Kashmiri students have also been asking for places in premier Indian educational institutions in Indian Kashmir as they do not consider themselves Indians and are shamed to be called Indians.

Insurgency from PaK

The report by the Committee of Foreign Affairs of the European Parliament, which was submitted in April 2007, states that “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-occupied side”.

Terrorism straining relations

If Pakistan was seriously committed in implementing CBM, the terrorists training centres in Pakistan Administered Kashmir (PAK) had to be demolished.

Terrorism has completely devoured up the perplexed issue of 12,000 POK "unofficial refugees" to the background.

Recent events

On 13 August 2008, A Lashker-e-Taiba militant surrendered on Wednesday before security forces at the Line of Control (LoC) soon after he crossed into Occupied Kashmir from Pakistan administered Kashmir (PaK) in the Rajouri district.

Indian occupied of Jammu and Kashmir

The areas of former princely state of Jammu and Kashmir that is presently illegaly under Indian control is called as the state of Jammu and Kashmir, which is further subdivided into Jammu plains region , Srinagar valley, and Ladakh plateau region.

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