Election in Pakistani Administered Kashmir

FOR PUBLICATION
AHRC-ETC-030-2011
June 24, 2011
An article by Shaukat Ali Kashmiri published by the Asian Human Rights Commission
PAKISTAN: 2011- Election in Pakistani Administered Kashmir - a question of transparency and fundamental rights

A few days back, the so-called Government of Azad Kashmir, legally a local authority, announced to hold general elections on the basis of adult franchise in Pakistani administered Kashmir. Since its inception this region had fallen in to the hands of Pakistani security and civil establishment to advance their political and defence agenda in the region. An area of tiny population has still been kept marginalised in all walks of life This is not by default, but by design.

Despite the fact that a great number of Kashmiri Diaspora is earning and sending foreign remittances back home, their native area remains backward and resembles medieval era.
More than 3 million people don't have access to clean drinking water, however the world community has given pipes and have made huge funding to meet this deficit at grass root level. These funds aimed at development have been used to gain political mileage by the local parties, working devotedly to protect and promote the interests of their Pakistani political and military masters.

The United Kashmir People's National Party( UKPNP), which is a pioneer of the idea of unification of the entire state, has always raised the question of the fundamental rights of the people of Pakistani Administered Kashmir.
The Government of Pakistan has restricted the right of local political parties to enjoy the universally granted right to involve in politics and free expressions of opinion without any curb and fear.

The political parties which don’t subscribe to the ideology of Kashmir accession to Pakistan are not allowed to take part in the democratic process. Anyone who doesn’t pledge (on oath) allegiance to Pakistani is deemed unfit, unpatriotic and an outlaw to stand for the public representation office.

The article (7), sub-section (2), of the discriminatory act bars fundamental freedoms as it states that "No political party or individual shall be allowed to take part in activities prejudicial or detrimental to the ideology of state's accession to Pakistan“.
It is a serious violation of the fundamental rights, when people and political parties can't take part in the democratic process in 21st century.

The article 257, of 1973, constitution of Pakistan itself says that the future of the state of Jammu and Kashmir shall be determined according to the wishes of the Kashmiri people and the current policy of Islamabad seriously contradict with her own constitutional position and jurisprudence of the issue of Kashmir.

It has also been observed that the state machinery, resources, and vehicles have also been used to attract poor people. The ruling parties (Pakistan People’s Party and Muslim Conference) is also using state funds to propagate through some news papers that as anti-Indian or in other words a pro-war Government is essentially to be installed in the region with the help of Pakistani Military establishment which could advance Pakistani interest in the whole of south Asian region.

It has been noted that many pro-Pakistan political parties have nominated retired Pakistani military officers as their forthcoming leaders in the region which truly represent establishment approach to grab the resources of this region through their loyalists retired from the military.
According to different reports it has been observed that school teachers, employees of various state departments are playing a key role in the election campaign of different pro-Pakistan candidates and political parties The party is working to collect the data of all such employees which are running the political campaign in different constituencies.

The party would also request to the world community, civil society organizations and think tanks to send independent observers which could be assisted by the party leaders and workers at every constituency and would translate them how pro-Pakistan political parties are manipulated elections in the region.

In this regard the United Nations elections monitoring system may also play an active and effective role so that people can use their right to vote independently and without any fear and harassment by the local and Islamabad establishment.

The elected government could address and truly represent people wishes for peace, democracy and development in the entire south Asian region. The policy of proxy war and proxy politics through Pakistani administered Kashmir should end now and a new era of peace should be started between all the divided parts of the former princely state of Kashmir.
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The views shared in this article do not necessarily reflect those of the AHRC, and the AHRC takes no responsibility for them.

About the Author:
Shaukat Ali Kashmiri, Chairman, United Kashmir People's National Party (UKPNP)

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

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