National Institute of Management,

Karachi

22nd Mid-Career Management Course

Current Issues Presentation (Cip)

Newly Elected Govt. of AJK

Challenges for Pakistan

Presented

By

Aftab Ahmed,
(Deputy Director,BOI, Ex-Cadre)
Faculty Advisor: Col. Ajaz Ahmed
Presented on 19.10.2016
 SCHEME OF PRESENTATION:
Introduction.
Population, Political structure & Economy.
Feature of Newly Elected Govt. of AJK.
Reasons of Failure of previous Govt.
Legal status of AJK under UNO Resolution.
Status of Occupied Jummu Kashmir.
Confession of Pundit Nehru Indian Prime Minister on JUMMU Kashmir.
Establishment of Independent Election.
Accountability & Public Recruitment Commissions.
Reforms in Police and Revenue Deptt.
Decentralization of powers.
Role of Kashmir Committee.
Statement of Prime Minister at UNO for AJK.
Current position of AJK.
Conclusion &
Recommendation.
 List of Acronyms

UN United Nations
UNSC United Nation Security Council
UNCIP United Nation Commission for India & Pakistan
J&K Jammu & Kashmir
AJ&K Azad Jammu & Kashmir
KC Kashmir Council
MKANA Ministry Of Kashmir Affairs & Northern Areas.
PML(N) Pakistan Muslim League (N)
PPPP Pakistan Peoples Party Parliamentarians.
PTI Pakistan Tehreek-e-Insaf
MC Muslim Conference
AJKPP AJK Peoples Party
SA PM Special Assistant to the Prime Minister
 1

INTRODUCTION
1. Azad is a Persian word which literally means free. In Azad Kashmir the word Azad is a
political concept and Azad Kashmir means Free Kashmir. Free here is not in the sense of
asking someone else to free something (demand) but it means that this part of Kashmir
actually is free or liberated and is not un-free or occupied or controlled by any power other
than Kashmiris themselves.1

HISTORY OF AJK GOVERNMENT:

2. The provisional government of AJK was formed on October 24, 1947. It

announced a balanced and non-communal declaration reaffirming the principle
of the freedom struggle. In fact, the AJK government started from scratch with no
experienced staff and administration available to run government affairs. It had
no offices, no records; not even a typewriter to carry out the official work. But in
order to liberate the entire state of J&K, the government raised an army of war
veterans from the Poonch and Mirpur region. 2

1http://dadyal.com.pk/azad-kashmir-a-brief-introduction-by-shams-rehman/
(accessed 28.8.16)

2http://www.ips.org.pk/education/1115-status-of- ajk-in-political-milieu (10.10.16)

 2

Population & Area.

3. Total population of Azad Kashmir is estimated at around 4.5 million of which about two
million live, work and/or settled in various countries of the world mainly in Britain, Europe,
Middle East, USA and Canada. A significant Kashmiri diaspora is also present in Pakistan
both from Pakistani and Indian occupied Jammu Kashmir. A dozen members for Azad
Kashmir Legislative Assembly are elected by Kashmiri diaspora in Pakistan from Peshawar
to Karachi. 3
Area of AJ& K: ~ 13,000 Square Kilometers.

3http://dadyal.com.pk/azad-kashmir-a-brief-introduction-by-shams-rehman/
(accessed 28.8.16)
 3

Administrative structure of Azad Kashmir Government

4. Internally Azad Kashmir is organized into three administrative divisions of Mirpur, Poonch
and Muzaffarabad. The divisions are further divided into 10 districts and 32 sub districts or
Tehsils. Local government is made up of 11 Municipal committees, two municipal
corporations and 201 union councils with nearly 2,000 villages.4

Economy

5. Historically the economy of these areas now called Azad Kashmir has been agricultural
which meant that land was the main source or mean of production. This means that all food
for immediate and long term consumption was produced from land. The produce included
various crops, Fruits, Vegetables etc. Land was also the source of other livelihood necessities
such as wood, fuel, grazing for animals which then turned into dairy products. Because of
this land was also the main source of revenue for the governments whose primary purpose
for centuries was to accumulate revenue.5

NEWLY ELECTED GOVT. OF AJK

SET UP OF LEGISLATIVE ASEMBLY OF AJK.

The AJK Assembly consisting on 49 seats.

Out of these, 29 seats are meant for all 10 districts of AJK and 12 for Pakistan-based
refugees from Kashmir valley, Jammu and others areas. 6

4http://dadyal.com.pk/azad-kashmir-a-brief-introduction-by-shams-rehman/
(accessed 28.8.16)

5ibidi

6http://www.thefridaytimes.com/tft/kashmir-the-legal-and-political-challenges-for-pakistan. (accessed 27.8.16)

 4

The election remaining on 8 seats held within Legislative Assembly of AJK. The
elected members have to elect five women, one cleric, and one member from
Kashmiris living abroad and a technocrat in the assembly of forty-nine members. 7

6. The (PML-N) under the leadership of Raja Farooq Haider swept a heavy mandate by
bagging 33 of the 41 directly contested seats in the general elections held on July 21, 2016 in
Azad Jammu and Kashmir (AJK). PPPP got 02 seats, PTI -02 seats, Muslim
Conference(MC)-03 seats & Jummu & Kashmir People Party (JKPP) got 01 seat in the
general election. 8A total of 423 candidates contested the general election. Registered voters
were 26,74,586 in all 29 constituencies of ten districts, it includes 12,28,930 male voters
and 10,06,772 female voters.

PML-N got 689,000 votes, while the PTI and PPPP jointly got 735,000 votes.

According to Dy.Election Comm Tariq Mahmood Butt, overall turnout was more than 65%.9

Reasons of Failure of Previous Govt in AJK made way for PML-N:

7. According to SAPM Syed Asif Kirmani narrated that one of the reasons of failure of PPP
Govt. in AJK was, it could not deliver to masses in Azad Kashmir during their five years
tenure, made way for Pakistan Muslim League-Nawaz to win the support of people.10

7 ibid

8www.sochnews.tv/tag/azad-ka (accessed on 11.10.16)

9 www.dawn.com>news (accessed on 11.10.16)

10http://www.samaa.tv/pakistan/2016/07/failure-of-ppp-govt-in-ajk-made-way-for-
pml-n-kirmani/(accessed 7.9.16
 5

People were fed up of their incompetence and corruption. They were deprived of basic
facilities during last five years, so they vented their ire on Peoples Party in AJK election
through their right to vote, he said in a PTV program.11

8. Kirmani said the federal government had provided Rs 300 billion to the AJK government in
five years and if this amount is divided on each district then every district should have Rs 30
billion for development. But, during our visit to different areas during the election
campaign, we witnessed that hardly Rs. one million were spent on development in each
district. Situation over there speaks volumes of their corruption and incompetence.12

PRIME MINISTER MEETS WITH PRESIDENT OF AJK:

Recently, Prime Minister of Pakistan Mian Muhammad Nawaz Sharif while he was talking to
AJK newly elected President Mr. Masood Khan, has said that Federal Government will extend
all out support to AJK government in its endeavors to serve the people. Prime Minister has
congratulated him for being elected as President and expressed the hope that he will utilize his
vast experience for the well being of the people of the state

9. Challenges for Pakistan

Constitutional Reforms:Both Islamabad and Muzaffarabad presently face two pressing

challenges:

i) the legal status of the Pakistani part of Kashmir as well its international legal
responsibilities

ii) Secondly, the unrest in India-Occupied Kashmir and possible consequences for the
Pakistani Kashmiri territories..13

11ibidi

12ibidihttp://www.samaa.tv/pakistan/2016/07/failure-of-ppp-govt-in-ajk-made-way-for-pml-n-kirmani/(accessed
7.9.16

13http://www.thefridaytimes.com/tft/kashmir-the-legal-and-political-challenges-for-pakistan. (accessed 27.8.16)

 6

The Legal status of the Pakistani part of Kashmir:

(II) In 1947, the Federal Government of Pakistan struck a deal with

Muzaffarabad, commonly known as the Karachi Agreement. Additionally, the
AJK Constitution of 1974 gives Islamabad significant legal authority in the
affairs of AJK but only through the Kashmir Council. The AJK Constitution also
restricts the AJK Assembly and the Kashmir Council from making any laws
regarding the following areas, which fall under the purview of the Federal
Government of Pakistan:

The responsibilities of the Government of Pakistan under the UNCIP

Resolutions;

The defense and security of AJK;

The issue of any bills, notes or other paper currency; and

The external affairs of Azad Jammu and Kashmir, including foreign

trade and foreign aid.

In March 1949, Pakistan created the Ministry of Kashmir Affairs and

Northern Areas (MKANA), which has been liaising between the Azad
Kashmir and Pakistan governments, although local Kashmir authorities
have always been critical of its role.14

i. Establishment of an independent Election Commission : There should be

an independent election commission consisting of three members from each divisions
of AJK, nominated by the parliamentary committee from the legislative assembly of
AJK. The proposed election commission must be free from political interference with
complete financial autonomy.15

ii. Decentralization of powers: It is proven by many studies that

decentralization of powers is an indispensable quality of any functioning
democracy. Decentralizing power from top to bottom means more citizen
participation in governing affairs, which consequently strengthens the
democratic voice and ownership at the grassroots level. In the context of AJK,

14http://www.ips.org.pk/education/1115-status-of-ajk-in-political-milieu(accessed on
10.10.16)

15ibidihttp://dailytimes.com.pk/opinion/20-Aug-16/a-10-point-good-governance-agenda-for-ajk (accessed 31.8.16)

 7

there have been no local body elections since 1994, which resulted in poor
citizen participation and fragility of governance processes. This will help to
establish a local governance structure, and ultimately empower people of
AJK.16

iii. Establishment of an Independent Accountability Commission : The

overwhelming majority of Kashmiris are not satisfied with the performance of the
Ehtesab Bureau of AJK because it has evidently failed to deliver. Contemporary
research shows that accountability and transparency are essential components of
democratic governance. Therefore, the Ehtesab Bureau of AJK should be replaced
with an independent and powerful accountability commission.17

iv. Open merit Policy: The prevalent quota system divided into districts and refugees
is against the spirit of equality, and an insult to human intelligence. To provide equal
opportunities, an open merit system should be adopted for residents of AJK.;
secondly, they do not pay taxes in AJK; and thirdly, the unemployment ratio among
the educated youth of AJK is high, and given the lesser job availability in the private
sector, the allocation of 25 percent quota for refugees is a clear injustice to the
educated youth of AJK. The quota for the refugees settled in Pakistan should be
removed. However, the post-1989 refugees settled in AJK should compete under an
open merit system. All recruitments, other than the Public Service Commission,
should be done on the patterns of the National Testing Service.18

v. Reforms in revenue department: The revenue and general

administration department with current rules of business requires a
thorough study to suggest significant reforms for delivery of more public-
friendly and transparent services. Computerisation of land data project
must be expanded in all districts of AJK. However, it must be remembered

16http://dailytimes.com.pk/opinion/20-Aug-16/a-10-point-good-governance-agenda-for-ajk (accessed 31.8.16)

17ibidi

18ibidi
 8

that unless the notorious patwari culture is not replaced with an effective
and time-bound service delivery system equipped with transparency and
accountability mechanism, it will not help to reduce the miseries of the
ordinary people.19

vi. Police reforms: Azad Kashmir police is working under the Police
Act of 1861 and the Police Rules of 1934, which have evidently
failed to address the needs of todays world. Therefore, these laws
and rules need to be updated in line with the modern policing
concepts. The police department should have administrative,
operational and financial freedom subject to public scrutiny. There
should be a professional public safety commission, and citizen
policing should be introduced for effective service delivery. The
reference can be taken from the much-appreciated Police Ordinance
of 2016 of the Khyber Pakhtunkhwa province.20

ROLE OF KASHMIRE COMMITTEE:

10. The Parliamentary Special Committee on Kashmir is predominantly composed of senior

MNAs and Senators of Pakistan. Its fundamental function is to raise the critical issue of
Kashmir at national and international level. Its other key feature is its continuous progress in
bringing all major political forces in one platform in order to pursue Kashmir cause.
Presently the Committee is headed by MaulanaFazal-ur-Rehman. Chairman of Kashmir
Committee has been accorded status of Federal Minister in Pakistan. 21Till date only some

19ibidihttp://dailytimes.com.pk/opinion/20-Aug-16/a-10-point-good-governance-
agenda-for-ajk (accessed 31.8.16)

20ibidi

21https://en.wikipedia.org/wiki/Parliamentary_Special_Committee_on_Kashmir
 9

meetings have been conducted by Kashmir Committee but no significant role seems in
raising the Kashmir Issue before international community.

Background of Kashmir Dispute

[Historical Perspective]

CONFESSION OF PANDIT NEHRU INDIAN PRIME MINISTER ON

01.11.1947:
Statement of Pandit Jawahar Lal Nehru (the then Prime Minister of India) on All
IndiaRadio and reiterated the same through his telegram to Pakistani Prime Minister (Nov
3rd, 1947).

"I wish to draw your attention to broadcast on Kashmir which I made last
evening. I have stated our government's policy and made it clear that we have no
desire to impose our will on Kashmir but to leave final decision to people of Kashmir. I
further stated that we have agreed on impartial international agency like United
Nations supervising referendum.

Later on, India went to UNSC on January 1st, 1948 for ceasefire against accession of
Jammu & Kashmir, but UNSC did not accept claim of India and passed Resolution on 1st
April,1948 for free and impartial plebiscite in AJK.

(ii)Status of Occupied JUMMU & KASHMIR: The Government of Pakistan has

assumed trust responsibilities under UNCIP Resolution in Azad Kashmir to provide
The Government of Pakistan has assumed trust responsibilities under UNCIP Resolution
1948 to provide for the better government and administration of Azad Jammu and
Kashmir until such time as the status of Jammu and Kashmir is determined in accordance
with the freely expressed will of the people of the State through the democratic method of
free and fair plebiscite under the auspices of the United Nations as envisaged in the
UNCIP Resolutions adopted from time to time. [UNSC Resolution for UNCIP
Formation]

INDIAs DISCLAIMER:
 10

But, due to arrogant and Dismal Attitude of India no free & impartial plebiscite could take
place till yet in J & K. While India is continuously involved in severe Human Rights violations
causing genocide in Jammu & Kashmir and they have killed more than 47,000 people in J & K
cold bloodedly. India also claim that AJK and Gilgit- Baltistan is an integral part of India.

11. Institute of Strategic Studies Islamabad (ISSI) organized a seminar to take stock the
prevailing situation of Human Rights violations in Indian controlled Kashmir here in
Islamabad on Wednesday. There was consensus among the speakers that dialogue between
India and Pakistan as imperative but at the same time was a dire need to raise the voice of
peaceful struggle of people of Jammu Kashmir at the international forums besides lobbying
within the Indian civil society. Senator Lt. Gen Abdul Qayyum emphasized that Kashmir
remains to be one of the Pakistans core vital national interests. As a party to the dispute he
said it is Pakistans responsibility to promote and project the Kashmir cause in the letter of
the spirit of the UN charter which acknowledges peoples right to self-determination.22

ADDRESS OF P.M. AT UN ASSEMBLY ON 1.09.2016:

12. On 21st Sept,2016,while addressing the summit of the United Nations General Assembly in
N.York Prime Minister of Pakistan raised the Kashmir issue: that;On behalf of the Kashmiri
people; on behalf of the mothers, wives, sisters, and fathers of the innocent Kashmiri
children, women and men who have been killed, blinded and injured; on behalf of the
Pakistani nation, I demand an independent inquiry into the extra-judicial killings, and a UN
fact finding mission to investigate brutalities perpetrated by the Indian occupying forces, so
that those guilty of these atrocities are punished.23

13. We demand the immediate release of all Kashmiri political prisoners; an end to the curfew;
freedom for the Kashmiris to demonstrate peacefully; urgent medical help for the injured;

22http://thefortress.com.pk/pakistan-should-realize-its-responsibilities-regarding-
kashmir-issi-seminar/(accessed 7.9.16)

231.http://dunyanews.tv/en/Pakistan/354022-Full-text-of-Nawaz-Sharif
%E2%80%99s-speech-at-UN-general (accessed 26.9.16)
 11

abrogation of Indias draconian laws; and removal of the foreign travel ban on Kashmiri
leaders.24

14. Today, from this rostrum, I would also like to reiterate our offer to India to enter into a
serious and sustained dialogue for the peaceful resolution of all outstanding disputes,
especially Jammu and Kashmir25

Conclusion: AJ &K Government need introduce reforms in public sector to eradicate

corruption, nepotism & enhance efficiency by enforcing merit based policy to achieve target of
effective service delivery to the people of AJK.

Govt. of Pakistan may fulfill responsibilities under UNCIP Resolution 1948 to ensure its
commitment to assist & help out AJ&K Govt. and take serious measures to resolve issue of
Jammu & Kashmir & high-light Human Rights violations occurring blatantly by Indian armed
forces in occupied Kashmir..

Recommendation:

Pakistan Govt. should support AJ&K Govt. in formulation of their reforms process in
public sector entities for Good Governance and Smooth sailing.
Pakistan Govt. should ensure through Diplomatic Drive to raise the issue of human rights
violations in occupied valley of Kashmir by Indian forces convincing international
community to support Kashmir cause for self-determination of Kashmiri People under
UNCIP Resolution, 1948 until they get freedom through democratic method of free and
fair plebiscite with the freely expressed will of the people of the State.
Pakistan Govt. help AJ&K Govt. to ensure that the newly elected government of AJK will
act and operate accordingly in the interests of the people and the Kashmir cause.

24 Ibidi.

251.http://dunyanews.tv/en/Pakistan/354022-Full-text-of-Nawaz-Sharif
%E2%80%99s-speech-at-UN-general (accessed 26.9.16)
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THANK YOU

Q / A