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

To be eligible, all candidates are made to sign a oath of loyalty to Pakistan.

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.”



Published in The Express Tribune, June 23^rd, 2011.