User:JamilMaqsood

Staff Report, Daily Times LAHORE (October 14, 2004): The fundamental rights of the residents of Azad Jammu and Kashmir (AJK) are being violated at different levels and  its autonomy is threatened by the contentious surveillance of intelligence  agencies and intervention of the Pakistani government.

This was reported by a Human Rights Commission of Pakistan (HRCP) team in a report  entitled "State of Human Rights in Azad Jammu and Kashmir" after a  visit of the area. The report was published this week.

The HRCP mission reported that AJK citizens were concerned about discrimination  against advocates of independent Kashmir, limitations on  government autonomy, lack of safeguards to women and children, poor  development, weaknesses in law enforcement and the judicial process, denial  of fundamental freedoms and political rights and challenges in the health  and education sectors.

It was stressed by all segments of the population that Kashmiris on both sides of the Line of Control  (LoC) should be allowed to meet and their right of self-determination be  respected. They said the dispute over the state should be resolved with the full inclusion of India, Pakistan and the Kashmiris themselves.

Autonomy: The report says the lack of a clear definition of the relationship between Pakistan and AJK and the fact that the key positions  were occupied by bureaucrats from Pakistan affected the autonomy of the  government of the state and created concerns about the future of Kashmir.

"Many in Azad Kashmir believe the general officer commanding of the Pakistan Army at Murree has a big say in their affairs. A number of people told the HRCP team that the freedom of AJKs political institutions should be ensured by curtailing the powers and the official and unofficial role of  Pakistans bureaucracy.."

The HRCP team also received complaints that AJK was not given royalties on hydel generation at Mangla Dam and that  Islamabad had failed to compensate and rehabilitate the people displaced.

Kashmirs autonomy and the right to self-determination must be respected before any peaceful and lasting resolution to the Kashmir issue can be achieved.

Governance: The report says AJK has had a stable democratic system since 1985, but there are concerns about a  shortage of water for human consumption, agriculture, and lack of health  facilities. The HRCP team received many complaints about poverty and the neglect of Kashmiri heritage and culture.

Judiciary: AJK has had a mixed British-Islamic justice system since 1974. Concerns include lack of transparency in appointment of judges, lack of resources, and  intelligence agencies interference undermining the independence of the  judiciary. On the positive side, people in general have confidence in the judiciary and there is no case pending from prior to 2002.

Fundamental freedom: Fundamental freedoms such as freedom of movement, _expression, assembly and association are often infringed in AJK. The Pakistani accountability law, deemed draconian by some, is also applicable in AJK. Kashmiris are also that the people of Gilgit and Baltistan, areas that were historically part of Kashmir, dont have  representation in political institutions. Inter Services Intelligence (ISI), according to the HRCP, has a strong presence in AJK,  and people in the border areas in particular feel they are continuously being  watched and monitored. The AJK High Court has no jurisdiction over people arrested by the agencies.

Law enforcement: The HRCP received complaints that proclaimed offenders from Gujrat in Punjab have  taken refuge in AJK and are committing serious crimes in Bhimber and  Kotli.

With the exception of Muzaffarabad, jails in all districts are overcrowded. Medical facilities are unsatisfactory. There are no separate laws for juveniles. Unlike prisoners in Pakistan, their sentences are not remitted. Prisoners rights are often abused, particularly since there is no adequate monitoring. Torture in police custody was also reported and illegal confinement before production in court was also prevalent. There were at least four under-trial prisoners in Rawalkot jail who have  been detained for seven years or longer. A jail reforms committee exists but recommendations are rarely implemented.

Peace process: Kashmiris welcome the current peace process, but want to be involved in the process. They are strongly in favour of the proposed Muzaffarabad- Srinagar bus service but reject a division of Kashmir along religious lines.

The HRCP report also encompassed the issues of press freedom, women rights,  children's rights, education, health, employment and tourism. The HRCP team that compiled the report visited the districts of Muzaffarbad, Mirpur,  Bagh and Rawalakot from July 16 to 19 and met with a number of government  officials. The HRCP team was denied permission to visit the Line of Control.

sent by Jamil Maqsood General secretary United Kashmir Peoples National Party (UKPNP)   Belgium