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 Property) 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 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 fundamental human rights, democratic freedoms and access to justice;
20. Recognises that Pakistan finds itself in a particularly complex situation with pressure from many 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 corruption 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;
23. Further calls on Pakistan to ensure free and fair elections in AJK, considering that the general 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;