The administration of Azad Jammu & Kashmir

[KS]

Where’s the ‘Azad’ in Azad Jammu and Kashmir?

MUZAFFARABAD: They have Pakistani identity cards and passports – but are not quite Pakistani. Their homeland is autonomous, but not quite so. It has a Constitution – but one that is perpetually interim. They have a government and an assembly, but both of which are effectively powerless.

It is a land and a people with a past, and perhaps a future – but with no present.

Welcome to Azad Jammu and Kashmir (AJK): A virtual no-man’s-land, which will go to the polls this Sunday – but it is not quite clear what for.

A majority of (Azad) Kashmiris see the current political and constitutional status of the area as a joke. Most prominent among such residents of this area is Justice (retd) Manzoor Hussain Gillani, a former acting chief justice of AJK and its former chief election commissioner, who calls the current situation a “paradox”.

Identity(less)

This “paradox” has led to the systematic disenfranchisement of millions who live not only within its borders, on both sides of the LoC, but those who have migrated due to years and years of being in limbo.

Sixty-three years on, a UN-backed plebiscite is yet to take place, and AJK has stood in virtual limbo – as far from ‘Azad’ as can be possible. It is a territory that has been forced into a comatose state of identity-lessness.

Given that Pakistan does not want to ‘harm’ its claim over the rest of ‘occupied Kashmir’ by recognising the LoC as a legitimate border (which it does not, to-date), AJK has been governed by all sorts of strange and painfully euphemistic laws and acts. Azad Kashmiris, even those who want to join their land with Pakistan, cannot technically call themselves Pakistanis – but, by law, have to wait and swear that, when the time comes, they will say they want to join Pakistan.

Unlike other ‘autonomous’ areas under the purview of Pakistan, such as the Federally Administered Tribal Areas (FATA), AJK is not even mentioned in the Constitution of Pakistan.

It is referred to in Article 1 (2)(d) as “such states and territories as are or may be included in Pakistan, whether by accession or otherwise.”

That’s it.

The AJK govt

For now, AJK is governed by an amended version of the Interim Constitution Act of Azad Jammu and Kashmir 1974. Under this Act, AJK is a parliamentary democracy, with the prime minister as the head of the government. It also has its own judicial system, with a High Court and a Supreme Court of AJK. Muzaffarabad is the capital of AJK and the seat of power.

It has a 49-seat Assembly, with 41 members elected directly – 29 by AJK residents and 12 by ‘Kashmiri Diaspora’ across Pakistan. Five seats are reserved for women, one for an Ulema, one for a technocrat and one for an overseas Kashmiri.

But the powers of the government and its legislative domain are next to negligible. One political activist, Afzal Solehria, described its powers as those of a “municipality”.

The real power lies above.

Kashmir’s constitutional system also has what is called ‘The AJK Council’ – which is effectively the supreme body of the land. The 14-member body controls almost all domains of legislation under the ‘Council Legislative List’ (see Box).

Strangely enough, its chairman is the Prime Minister – not of AJK, but of Pakistan. He elects five other members, who are sitting Parliamentarians of Pakistan. Other members include the President and Prime Minister of AJK, and six other indirectly elected members who are chosen by the AJK legislative assembly.

But, at the end, it is the Pakistani prime minister who exercises the executive power of the Council.

Above the council, completing AJK’s strange three-tier power structure, is, of course, the government of Pakistan, which has the final say on virtually everything – aside from the basic responsibilities of the Centre in any federal set-up – i.e. Defence, currency and foreign affairs (in AJK, the fourth untouchable central responsibility of Islamabad is “responsibilities of the government of Pakistan under UNCIP Resolutions”).

Limits of the AJK govt

• The Interim Constitution Act 1974 is loaded with sweeping disclaimer clauses, such as Article 19:
  
• “(2) The executive authority of the government [of AJK] shall be so exercised as:
  
• “(a) not to impede or prejudice the responsibilities of the Government of Pakistan
  
• “(b) to secure compliance with the laws made by the [AJK] Council.”

Also, because it is not a province, it does not have any intrinsic right to a share of revenue from Islamabad – even from massive power projects, such as Mangla Dam, that are set up on its territory by Pakistan. Justice Gillani points out that AJK is subject to all the liabilities (and more) of provinces, but has no rights and privileges.

The double-whammy is that the AJK cannot set up its own power projects, because it is not in the government’s domain.

To rub salt on its wounds, AJK’s most important bureaucratic positions – the chief secretary, chief secretary (development), inspector general of police, accountant general, finance secretary and even the health secretary – are held by bureaucrats directly appointed by Pakistan from its own civil service.

In Sulehria’s words: “where exactly is the ‘Azad’ in ‘Azad Jammu and Kashmir’?”

 

[Icarus]

Where’s the ‘Azad’ in Azad Jammu and Kashmir?

Anybody without an AJK based address on his id card, can't go past Gari Dupatta without a special permit from the government, Pakistanis cannot settle in any part of AJK as it is the land of the Kashmiris and we respect that. All that fancy stuff you wrote is just somebody's opinion.

 

[KS]

Anybody without an AJK based address on his id card, can't go past Gari Dupatta without a special permit from the government, Pakistanis cannot settle in any part of AJK as it is the land of the Kashmiris and we respect that. All that fancy stuff you wrote is just somebody's opinion.

Please is that why most of the bureaucrats are from the Pakistani Civil Service and the Chairman of the AJK Council is the Pak PM who appoints members to that council and AJK cant even set up its own power projects ? Hardly the qualities of a Free Nation.

You can say a degree of autonomy is there but it is not Azad as it is proclaimed to be.

BTW is not just a blind opinion but an analysis based on facts and clauses of the AJK Constitution. Even in India you cannot settle down in Kashmir due to Article 370. So are you willing to accept that Jammu and Kashmir is also "Azad" (this not considering that many Punjabis and Pathans have settled down in PaK) ?

 

[Icarus]

Please is that why most of the bureaucrats are from the Pakistani Civil Service and the Chairman of the AJK Council is the Pak PM who appoints members to that council and AJK cant even set up its own power projects.

You can say a degree of autonomy is there but it is not Azad as it is proclaimed to be.

Ofcourse, there is no arguing that. Azad Kashmir is a Special Autonomous Region along the lines of Hong Kong. It is not an independent nation.

 

[KS]

Ofcourse, there is no arguing that. Azad Kashmir is a Special Autonomous Region along the lines of Hong Kong. It is not an independent nation.

And Jammu and Kashmir has the same if not more autonomy inside India and they are more strictly enforced than in Pakistan.

 

[Icarus]

And Jammu and Kashmir has the same if not more autonomy inside India and they are more strictly enforced than in Pakistan.

No, all law-enforcement in AJK is done by the AJK Police, whereas the Indian military performs all the law-enforcement duties in Occupied JK.

 

[Icarus]

Even the borders are protected by Mujahid Battalions which consist primarily of Kashmiris...............

 

[KS]

No, all law-enforcement in AJK is done by the AJK Police, whereas the Indian military performs all the law-enforcement duties in Occupied JK.

A Popular myth and nothing else.Indian Army is not there in urban areas and the policing is mainly done by J&K Police with active support from CRPF.Even anti-militant ops are undertaken primarily by the SOG of the J&K Police with collaboration with RR in some areas.

But then PaK has the luxury of not being disturbed by Cross border infiltration by elements based in India in the name of Jihad or Dharma Yudh - A very important point IMHO.

Even the borders are protected by Mujahid Battalions which consist primarily of Kashmiris...............

.........who are nothing but a part of "Pakistan" Armed Forces.

 

[Icarus]

A Popular myth and nothing else.Indian Army is not there in urban areas and the policing is mainly done by J&K Police with active support from CRPF.Even anti-militant ops are undertaken primarily by the SOG of the J&K Police with collaboration with RR in some areas.

But then PaK has the luxury of not being disturbed by Cross border infiltration by elements based in India in the name of Jihad or Dharma Yudh - A very important point IMHO.

Another popular myth, I was in Chakothi during the Pak-India tensions in 2001-02 and we apprehended 16 Indian saboteurs. They would infiltrate into Pakistani territory under the cover of shelling by IA, then they would mine roads, rig explosives to bridges, damage other infrastructure and then retreat back into Occupied JK.

.........who are nothing but a part of "Pakistan" Armed Forces.

[/QUOTE]

Do you think AJK can maintain a military with enough strength to guard the entire LoC ? Of course they are a part of Pakistan Armed forces.

 

[KS]

Another popular myth, I was in Chakothi during the Pak-India tensions in 2001-02 and we apprehended 16 Indian saboteurs. They would infiltrate into Pakistani territory under the cover of shelling by IA, then they would mine roads, rig explosives to bridges, damage other infrastructure and then retreat back into Occupied JK.

A myth that happened/happens for the past 64 years. The first infiltrators from Pak side came in 1947 and the last one came three or four days back and yet you are speaking about 16 sabouteurs who came that side a decade ago during the heightened war period (Op. Parakram) I guess.

And how many "sabouteurs" have been caught these days ? I am sure Pak would have made a huge hoopla if any such thing had happened these days. C'mon friend you are not convincing anyone with these stories.

BTW I think the Afghans are showing what Cross Border Terrorism really means to Pakistan these days.

Do you think AJK can maintain a military with enough strength to guard the entire LoC ? Of course they are a part of Pakistan Armed forces.

An independent nation (yes i am referring to PaK) is supposed to do that. Dont ya think ?

p.s.:- I couldn't help but laugh when I saw the title change for this thread. For god sakes Mods, don't act childish. This is not a heading from Indian newspaper. Its from the Express Tribune read by millions of Pakistanis everyday.

 

[Leader]

Anybody without an AJK based address on his id card, can't go past Gari Dupatta without a special permit from the government, Pakistanis cannot settle in any part of AJK as it is the land of the Kashmiris and we respect that. All that fancy stuff you wrote is just somebody's opinion.

MORE OVER they are privileged to have dual domicile benefit,

 

[KS]

Kashmir in focus – part 2: ‘Azad Jammu Kashmir’s laws contravene UN resolution’

MUZAFFARABAD:

A sweeping declaration, locally referred to simply as “The Shik” (The clause), must be signed by all electoral candidates in the AJK, which demands their allegiance to Islamabad.

However, according to the region’s best known and widely-respected jurist, Justice (retd) Manzoor Hussain Gillani, a former acting chief justice of AJK and its former chief election commissioner, ‘the clause’ is totally against the UN resolution.

Even though the retired justice is in favour of the unification of Kashmir and merger with Pakistan, he, on his part, maintains that the spirit of choice is clearly undermined by ‘the clause’, even if the choice to be made would be in favour of Pakistan.

All interviews conducted with the bureaucracy and political leaders suggest the same: It is in contravention of the UN resolution. Of course, they won’t come on the record to state it – no matter how many cups of tea you have with them.

Leaving aside the rhetoric of self-determination historically raised by Islamabad, there is an anomaly, to put it mildly, in AJK’s laws – one that not only causes resentment in AJK, but is also effectively in contravention to a United Resolution on Jammu and Kashmir that gives its population the right to choose between India and Pakistan.

While AJK now has its ‘own’ elected legislature, however impotent, candidates applying to run are made to sign the declaration beforehand.

It reads:

“I solemnly declare that I believe in the Ideology of Pakistan, the Ideology of State’s Accession to Pakistan and the integrity and sovereignty of Pakistan.”

Under the 1948 UN resolution, accepted by both India and Pakistan, the people of Jammu and Kashmir (India- and Pakistan-administered) are mandated to decide which way they want their state to accede to through a plebiscite.

Though the plebiscite is yet to happen despite the passage of 63 years, on its own, the UN resolution is widely perceived to be favouring Pakistan, the general notion being that, given that a majority of the people are Muslim, they would want to accede to Pakistan – since there is no provision to choose independence or self-determination.

But the notion is unanimous: Pakistan is effectively sabotaging its own claim over the entire Jammu and Kashmir, both amongst its local supporters and in the UN. In fact, to not mince words, the clause is, effectively, illegal. There are many elements in AJK that refuse to take part in elections based on ‘the clause’, according to officials of the AJK election commission. If you don’t sign the ‘the clause’, your application is invalidated and is not accepted.

Their disqualification means that a political process already short on credibility, which results in a toothless representation of Azad Kashmiris, is even more undermined, given that it does not represent all voices of AJK. The ones who do willingly sign, and get elected to represent the people of AJK, are viewed as compromised.

For this election, some small pro-freedom parties have decided that they will end the boycott and contest the elections under one banner – the National Democratic Alliance. They say that they have signed ‘the clause’, but in protest (Just to put the point across, some have literally written that on the declaration form filed with their nomination papers).

They will contest some 18 seats – and are not expected to make too great a splash, given that the major entities are still staying away. But it’s a change in trend. Of course, if they do make it to the assembly, there will be another hurdle.

The oath of office given to successful candidates in AJK, which is also taken by the president, prime minister, ministers, assembly speaker and advisors? “I will remain loyal to the Country [Pakistan] and to the cause of accession of the state of Jammu and Kashmir to Pakistan.”

Some real "Azad" one must say.

 

[Zibago]

Please is that why most of the bureaucrats are from the Pakistani Civil Service and the Chairman of the AJK Council is the Pak PM who appoints members to that council and AJK cant even set up its own power projects ? Hardly the qualities of a Free Nation.

You can say a degree of autonomy is there but it is not Azad as it is proclaimed to be.

BTW is not just a blind opinion but an analysis based on facts and clauses of the AJK Constitution. Even in India you cannot settle down in Kashmir due to Article 370. So are you willing to accept that Jammu and Kashmir is also "Azad" (this not considering that many Punjabis and Pathans have settled down in PaK) ?

When the f did this mythical settelment of Pathans and Punjabis took place in AJK?
Yaar mujhay bhe batao mein to nahe janta aisay unknown waqai ko?
We call Azad Kashmir because its Azad from Hindu raj
@engineer saad @Umair Nawaz @django @EAK

 

[Umair Nawaz]

AJK has its own laws, to get land here and settle permanently u must hold the AJK ID card, and for that u must be a Kashmiri by birth. That means yr parents specially father has to be a Kashmiri.

There can be people setled temporary there who r non kashmiris like Afghans etc but their status isnt of a Kashmiri citizens nor they can own a land there.

 

[Burhan Wani]

When the f did this mythical settelment of Pathans and Punjabis took place in AJK?
Yaar mujhay bhe batao mein to nahe janta aisay unknown waqai ko?
We call Azad Kashmir because its Azad from Hindu raj
@engineer saad @Umair Nawaz @django @EAK

Pakistanis can come Ajk for Job, business or study but they cannot purchase land.