Human Rights Situation in Pakistani Administered Kashmir

8/14/2019 Human Rights Situation in Pakistani Administered Kashmir.

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Human Rights situation in Pakistani Administered Kashmir, and

Gilgit Baltistan and system of Governance in these areas.

Former princely state of Jammu Kashmir was constituted between, 1820and 1858 by Maharajah Gulab Singh and his son Maharajah Ranbir Singh,who after the death of his father annexed Hunza, Nagar and Gilgit to thekingdom. Thus we call Maharajah Gulab Singh the founding father offormer princely state which was once only constituted over the valley ofKashmir which is 8.000Sq Miles of the total area of approximately85000.Sq miles. According to the United Nations Resolution 13th August-1948, Pakistan is an aggressor country and she must comply with theUnited Nations stipulations. But after 6 decades Government of Pakistanhas been demanding the implementation of the United Nations resolution. The Government of Pakistan always trying to befool people of JammuKashmir and have been deceiving world community. We are going toanalyze the UNCIP resolution and how Pakistan subsequently deniedcomplying with it.

A. The Governments of India and Pakistan agree that their respective HighCommands will issue separately and simultaneously a cease-fire order toapply to all forces under their control in the State of Jammu and Kashmiras of the earliest practicable date or dates to be mutually agreed uponwithin four days after these proposals have been accepted by bothGovernments.

B. The High Commands of the Indian and Pakistani forces agree to refrainfrom taking any measures that might augment the military potential of theforces under their control in the State of Jammu and Kashmir.

(For the purpose of these proposals "forces under their control" shall beconsidered to include all forces, organized and unorganized, fighting orparticipating in hostilities on their respective sides.)

C. the Commander-in-Chief of the forces of India and Pakistan shallpromptly confer regarding any necessary local changes in presentdispositions which may facilitate the cease-fire.

D. In its discretion and as the Commission may find practicable, the

Commission will appoint military observers who, under the authority of theCommission and with the cooperation of both Commands, will supervisethe observance of the cease-fire order.

E. the Government of India and the Government of Pakistan agree toappeal to their respective peoples to assist in creating and maintaining anatmosphere favorable to the promotion of further negotiations.

PART IITRUCE AGREEMENT

Simultaneously with the acceptance of the proposal for the immediate

cessation of hostilities as outlined in Part 1, both Governments accept thefollowing principles as a basis for the formulation of a truce agreement,


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the details of which shall be worked out in discussion between theirRepresentatives and the Commission.

A1. As the presence of troops of Pakistan in the territory of the State ofJammu and Kashmir constitutes a material change in the situation since itwas represented by the Government of Pakistan before the SecurityCouncil, the Government of Pakistan agrees to withdraw its troops fromthat State.

2. The Government of Pakistan will use its best endeavor to secure thewithdrawal from the State of Jammu and Kashmir of tribesmen andPakistan nationals not normally resident therein who have entered theState for the purpose of fighting.

3. Pending a final solution, the territory evacuated by the Pakistani troopswill be administered by the local authorities under the surveillance of theCommission.

B

1. When the Commission shall have notified the Government of India thatthe tribesmen and Pakistan nationals referred to in Part IIA2 hereof havewithdrawn, thereby terminating the situation which was represented bythe Government of India to the Security Council as having occasioned thepresence of Indian forces in the State of Jammu and Kashmir, and further,

that the Pakistani forces are being withdrawn from the State of Jammu andKashmir, the Government of India agrees to begin to withdraw the bulk oftheir forces from that State in stages to be agreed upon with theCommission.

2. Pending the acceptance of the conditions for a final settlement of thesituation in the State of Jammu and Kashmir, the Indian Government willmaintain within the lines existing at the moment of cease-fire theminimum strength of its forces which in agreement with the Commissionare considered necessary to assist local authorities in the observance oflaw and order. The Commission will have observers stationed where itdeems necessary.

3. The Government of India will undertake to ensure that the Governmentof the State of Jammu and Kashmir will take all measures within its powerto make it publicly known that peace, law and order will be safeguardedand that all human and political rights will be guaranteed.

C

1. Upon signature, the full text of the truce agreement or a communiqucontaining the principles thereof as agreed upon between the twoGovernments and the Commission will be made public.

PART III


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The Government of India and the Government of Pakistan reaffirm theirwish that the future status of the State of Jammu and Kashmir shall bedetermined in accordance with the will of the people and to that end, uponacceptance of the truce agreement, both Governments agree to enter intoconsultations with the Commission to determine fair and equitable

conditions whereby such free expression will be assured.Despite complying with the world community and to ensure withdrawalPakistan started diplomatic struggle to clean up the right of self-determination of the people of Jammu Kashmir and has introduced anotherresolution was adopted by the UNCIP on 5th January 1949.

The United Nations commission for India and Pakistan , Having receivedfrom the governments of India and Pakistan, in communications dated 23December and 25 December 1948, respectively, their acceptance of thefollowing principles which are supplementary to the commissions

resolution of 13 August 1948: 1. The question of the accession of the stateof Jammu and Kashmir to India and Pakistan will be decided through thedemocratic method of a free and impartial plebiscite;

2. A plebiscite will be held when shall be found by the commission that thecease-fire and truce agreement set forth in parts I and II of thecommissions resolution of 13 August 1948 have been carried out and thearrangements for the plebiscite have been completed ;

3. (B) The secretary general of the United Nations will, in the agreementwith the commission, nominate Administrator who shall be a personality ofhigh international standing and commanding general confidence. He will

be formally appointed to the office by the government of Jammu andKashmir ;(government of maharaja)

(c) The plebiscite administrator shall drive from the state of Jammu andKashmir the powers he considers necessary for organizing and conductingthe plebiscite and for ensuring the freedom and impartiality of theplebiscite.

(d) The plebiscite administrator shall have authority to appoint such staffof assistants and observers as he may require.

4. (A) After implementation of parts I and II of the commissions resolutionof 13 August 1948, and when the commission is satisfied that peacefulconditions have been restored in the state, the commission and plebisciteadministrator will determine, in consultation with the government of India,the final disposal of Indian and the state armed forces, such disposal to bewith due regards to the security of the state and freedom of the plebiscite.

5. (B) As regards the territory referred in A.2 of part II of the resolution of13 August, final disposal of the armed forces in that territory will bedetermined by the commission and the plebiscite administrator inconsultation with the local authorities;

6. (C) All citizens of the state who have left it on account of thedisturbances will be invited and be free to return and to exercise all their


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rights as such citizens. For the purpose of facilitating repatriation thereshall be appointed two commissions, one composed of nominees of Indiaand other of nominees of Pakistan. The commissions shall operate underthe direction of the plebiscite administrator.

The governments of India and Pakistan and all authorities within the stateof Jammu and Kashmir will collaborate with the plebiscite administrator inputting this provision into effect; (b) All persons (other than citizens of thestate) who on or since 15 august 1947 have entered it for other thanlawful purposes, shall be required to leave the state;

7. All authorities within the state of Jammu and Kashmir will undertake toensure, in collaboration with the plebiscite administrator, that; (A) there isno threat, coercion or intimidation, bribery or other undue influence on thevoters in the plebiscite; (b) No restrictions are placed on legitimatepolitical activity throughout the state. All subjects of the state, regardless

of creed, caste or party, shall be safe in expressing their views and invoting on the question of the accession of the state to India or Pakistan.

There shall be freedom of the press, speech and assembly and freedom oftravel in the state, including freedom of lawful entry and exit;

(c) All political prisoners are released;

(d) Minorities in all parts of the state are accorded adequate protection;and (e) there is no victimization.

8. The plebiscite administrator may refer to the United Nations commissionfor India and Pakistan problems on which he may require assistance, and

the commission may in its discretion call upon the plebiscite administratorto carry out on its behalf any of the responsibilities with which it has beenentrusted;

9. At the conclusion of the plebiscite, administrator shall report the resultthereof to the commission and to the Government of Jammu and Kashmir(Srinagar government a). The commission shall then certify to the SecurityCouncil whether the plebiscite has or has not been free and impartial;

10. Upon the signature of the truce agreement, the details of the foregoingproposals will be elaborated in the consultations envisaged in part 111 ofthe commissions resolution of 13 august 1948.

The plebiscite administrator will be fully associated in these consultations.Commends the governments of India and Pakistan for their prompt actionin ordering the responsibilities imposed upon it by the resolution of 13august 1948 and by the foregoing principles. Pakistans reaction

In a letter of 17 June the Indian government submitted a program ofwithdrawal for the Indian forces. The government of India has furthermaintained that such withdrawal plan as may subsequently be agreedupon with the commission should not be communicated to Pakistan until atruce agreement has been arrived at. In light of above mention resolution

on United Nations Pakistan is underdog .most terms and conditions of theresolution are not favoring Pakistan. This resolution said that first Pakistan


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should pull out all its forces and nationals from the Jammu Kashmir state.But Pakistan did not act upon this resolution.

At the moment Pakistani forces and other nationals are present in the twoparts of the state Gilgit Baltistan and Azad Kashmir. Its means Pakistan

itself is not ready to act upon the UN resolution. While on the other handIndian government in the letter of June 17, 1948 agreed to withdraw itstroops on conditions of withdrawal of Pakistan. In case Pakistan implementthis resolution it must pulled out all its forces from Gilgit Baltistan andAzad Kashmir and these areas would be handed over to Srinagargovernment. Because in the resolution the word of Azad Kashmirgovernment was not mentioned, and Pakistan also accept the Maharajagovernment in the standstillagreement. There is no legal position of AzadKashmir government in the documents of United Nations and before theeyes of world community.

Pakistani Play with the aspirations of the people of PakistaniAdministered Kashmir and Gilgit Baltistan.

After playing with aspirations of the people of its administered Kashmirinto the United Nations Pakistan established a so called Government ofAzad Kashmir under Sardar Muhammad Ibrahim Khan on 24th October-1947, and He was dismissed by the Government of Pakistan on 12-05-1950. Sardar Mohammad Ibrahim khan, after getting his signature on socalled Karachi Agreement in which President of so called Azad Kashmirand president of ruling Muslim Conference Chaudhry Ghulam Abbas hadagreed that Government of Pakistan will take the control of Northern partof Kashmir ( Gilgit Baltistan),for a temporary period. From Pakistani sideformer prime Minister of Bahawalpur state Mushtaq Gormani was thesignatory, Sardar Muhammad Ibrahim Khan was succeeded by Syed AliAhmed Shah from 13-05-1950 to 04- 12- 1951. He was terminated by theMinistry of Kashmir Affairs and Northern Areas and the space was filled byMir Waiz Maulana Mohammad Yousaf on 05-12- 1951 until 20-06-1952 hewas the third president who was fired by the Pakistani Government inorder to establish its control firmly over the occupied territory. After MirWaiz Colonel (Retired), Sher Ahmed Khan was appointed as the presidenton 31-06- 1952 until 30-05-1956, This was a era when the people of socalled Azad Kashmir were awakening after long sleep and they had started

demanding constitutional and political rights and they were fed up withthe dismissal and disgrace of their sentiments. After Mir Waiz Sardar AbdulQayum Khan was appointed as president on 08- 09-1956, to 12- 04- 1957,after short period of his office Mr. Khursheed Hassan Khursheed waselected as first elected president of the Pakistani Administered Kashmir. Hesworn in the office on 01- 05- 1959 until 06- 08 -1964. Many reforms wereintroduced during his reign over the territory. He dismantled the institutionof feudalism and implemented land reforms. He has been demanding thatPakistan should recognize and strengthen the people of Azad Kashmir andGilgit Baltistan. After him Khan Abdul Hameed Khan was appointed as thepresident of the area by the president of Pakistan General Ayub Khan who

took power by a coup d etat in 1965. He remained in power from 1964 till1969; during this period India and Pakistan have fought second war after


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gaining sovereignty. The war began following the failure of Pakistansoperation Gibraltar, which was designed to infiltrate in Jammu Kashmir.Pakistan army soldiers and guerrillas disguised as locals, entered into Jammu Kashmir from Pakistan with the intention of fomenting aninsurgency among Kashmiri Muslims. The operation was failed and

backfired after full scale war and Pakistan was compelled to sign Tashkentagreement on the interference of world community. A meeting was held inTashkent in the former Soviet Union (now Uzbekistan), on 4th January-1966the Soviet Union represented by the Prime Minister Kosygin assisted andmoderated between Indian prime Minister Lal Bahadur Shastri andPakistani president Muhammad Ayub Khan. It was agreed that:

Indian and Pakistani forces would pull back to their pre-conflictpositions.

Both the nations would not interfere in each others internal affairs.

Economic and diplomatic relations would be restored. The two leaders would work towards building good relations between

the two countries.

Simultaneously Brigadier Abdul Rehman Khan was appointed aspresident of the area from 1969 till-1970. He was succeeded bySardar Abdul Qayum Khan on 12- 11- 1970 until, 04- 06, 1975. It wasa delicate period Pakistan was suffering of its own internal politicalcrisis due to continuous military interventions and collapse of thecivil rule and rule of law in the country. Both India Pakistan foughtanother war which resulted in creation of independence onBangladesh on 16th December-1971.pakistan army surrendered andthe war was end. Another agreement was signed in Simla on 3rd July-1972, known as Simla Agreement. During his second term of officeSardar Qayum fully integrated with the civil and militaryestablishment of Pakistan, its power centers, secret agencies SardarQayum fully collaborated with the ruling tool of Pakistan Ministry ofKashmir Affairs and Northern Areas. He imposed most discriminatoryconstitutional act on 1974, which bars freedom of thoughts, freedomof assembly, freedom of speech, and ban was put on those who

dont subscribe the ideology of States accession to Pakistan. UnderArticle 7 (2) of constitutional act of 1974, describes as No person orpolitical party in Azad Kashmir shall be permitted to propagateagainst, or take part in activities prejudicial or detrimental to, theideology of states accession to Pakistan. Article 56, of theConstitutional act of 1974 was used many times since it wasincorporated and imposed on the people of this area. The o calledAzad Kashmir Government has Assembly, Supreme Court, Highcourt, national Anthem and a national flag, but all these institutionsare powerless and toothless. All constitutional and executive powersare either exercised by the powerful Lent officers as representatives

of Ministry of Kashmir Affairs and Northern Areas and Kashmircouncil. The minister of Kashmir Affairs and Prime Minister of


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Pakistan as Kashmir Councils chairman is holding absolute powers intheir hands and they can dismiss or change any Government inMuzaffarabad any time.

The Role of Secret agencies of Pakistan and theirmaneuvering of local politics.

Since the former princely state of Jammu Kashmir was divided andits part fall into the illegal occupation of Government of Pakistan, thesecret agencies of Pakistan have been manipulating the local politicsin both regions of Pakistani administration, so called Azad Kashmirand Gilgit Baltistan. The secret agencies of Pakistan have beeninvolved in kidnapping of political leaders, students and youth inthese areas. The most notorious agency of Pakistan ISI (Inter-Services Intelligence), is well known for its secret operation againstlocal leaders in the region. They have been maintaining andcontrolling the sole power of local authorities in these regions. As

they are not accountable before any legal authority in Pakistan theyhave adopted the same fashion of tyrannical rule in theiradministrative areas of Kashmir. These secret agencies as part ofPakistani security establishment have been controlling the totalpower of the region from economical policies to educational anddevelopmental. ISI has kidnapped and tortured secular, progressivepro people and pro democracy political leadership and the trackrecord of this agency is part of the history. The reports of prominenthuman rights organizations like as Amnesty International (A.I),Human Rights Watch (HRW), Asian Human Rights Commission(AHRC), United states Institute of peace, United Nations HumanRights Council, Rand Corporation, and so many think tanks havebeen criticizing totalitarian rule of these agencies. Even securityestablishment of Pakistan has sacked top judges of apex courts ofPakistan due to their role and desire of rule of law, transparency andaccountability in the country. About 60 judges had been removedfrom their offices and Chief Justice of Pakistan was put under housearrest for more than two months a unique history of authoritarianand totalitarian rule of Pakistani security establishment. ISI haskidnapped known Sindhi leader Dr Safdar Sirki who is a US nationaland was discovered after international pressure and his family

meetings and campaign in international institutes including USsenate. More than 5000thousand people and majority of politicalactivists are alone disappeared from Baluchistan and from otherprovinces of the country. ISI has provided logistical support toreligious armed groups and private militia like as Lashker e Tayyaba,Jaish e Muhammad, Hizbul Mujahedeen, Harkat Ul Ansar, Jindullah,Tahreek ul Mujahedeen and many others as part of their strategy touse religion as weapon against enemy and to achieve political gains.Pakistani military has arrested some top wanted terrorists fromMuzaffarabad (Pakistani Administered Kashmir), without anyknowledge of local administration. When local chief of Lashker e

Tayyaba Mr. Zaki Ur Rahman Lakhvi was arrested from Muzaffarabadlocal authorities were unaware of his presence in the area. Those


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religious armed groups and their network is still intact in differentparts of the country particularly in Pakistani Administered Kashmir.ISIhas kidnapped ex Prime Minister of Pakistani Administered KashmirMr.Mumtaz Hussain Rathore and was compelled to resign in later90s.ISI had kidnapped Sardar Shaukat Ali Kashmiri Chairman of

United Kashmir Peoples National Party twice in 1994 and in 1998,just for advocating the right of the people in the region. When Partyhad filed a writ petition before Lahore High Court Rawalpindi Branch,all the responsible officers of these agencies had refused that theydont know about the whereabouts of Mr. Kashmiri while Mr. Kashmiriwas facing solitary confinement in the torture cells of Inter-services-Intelligence (ISI), World known think tanks, Human RightsOrganizations, and world leaders had pressurized Government ofPakistan to release Mr. Kashmiri safely. He was released after nineand half months.

Socio-economic and political conditions of Gilgit Baltistanand system of the Governance in these areas.

Gilgit Baltistan is a historical part of former princely state of JammuKashmir. Maharajah Ranbir Singh the son of Gulab Singh addedHunza, Gilgit and Nagar with the princely state around 1857.Theseareas remained with the state of Jammu Kashmir until 1947, whenKashmir was divided by the infiltration of Pakistani tribals andregular army. Gilgit Baltistan was part of so called Azad Kashmir aswas disputed as well, but Pakistan took the control of these areas on

27th

of April of 1949, under Karachi agreement. It was agreedbetween Mr. Mushtaq Gormani Minister without portfolio Governmentof Pakistan and Sardar Muhammad Ibrahim Khan than President ofso called Azad Kashmir, and Chaudhry Ghulam Abbas president ofMuslim conference which was the only political party on this side ofline of control. The agreement shows that how Pakistan wasdesperate to disintegrate its administered areas and had the thrustof territorial control and occupation of natural resources of theseareas.

Karachi Agreement of 27th April, 1949

A. Matters within the purview of the Government of Pakistan.

1. Dfense (as modified Under.

2. Foreign policy of Azad Kashmir.

3. Negotiations with the United Nations Commission for India andPakistan.

4. Publicity in foreign countries and in Pakistan.

5. Co - ordination and arrangement of relief and rehabilitation ofrefugees.

6. Co - ordination of publicity in connection with plebiscite.


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7. All activities within Pakistan regarding Kashmir such as procurementof food, civil supplies running of refugee camps and medical aid.

8. All affairs of Gilgit - Ladakh under the control of Political Agent.

B. Matters within the purview of Azad Kashmir Government.

1. Policy with regard to administration of Azad Kashmir territory.2. General supervision of administration in Azad Kashmir territory.

3. Publicity with regard to the activities of the Azad KashmirGovernment and administration.

4. Advice to the honorable Minister without Portfolio with regard tonegotiations with United Nations Commission for India and Pakistan.

5. Development of economic resources of Azad Kashmir territory.

C. Matters within the purview of the Muslim Conference.

1. Publicity with regard to plebiscite in the Azad Kashmir territory.2. Field work and publicity in the Indian occupied area of the State.

3. Organization of political activities in the Azad Kashmir territory andthe Indian occupied area of the State.

4. Preliminary arrangements in connection with the plebiscite.

5. Organization for contesting the plebiscite.

6. Political work and publicity among the Kashmiri refugees in Pakistan.

7. Advise the honorable minister without Portfolio with regard to thenegotiations with the United Nations Commission for India and

Pakistan.

After taking the control of these areas Government of Pakistan has deputed a

political agent to these areas and he was holding absolute political and

constitutional powers. After six decades of illegal annexation of these areas with

Pakistan, the Government of Pakistan didnt extend its institutions to these areas.

Approximately two million people of this unfortunate region are living a life of

political orphans and completely marginalized in all walks of life. There is no high

court, or Supreme Court, No higher educational institutes like engineeringcollege, medical college and university. In terms of health facilities only Agha

Khan Foundation is providing with the basic and immediate treatment to the

people of these areas. Ministry of Kashmir affairs and Northern Areas is the sole

master of the entire powers of these areas. Local people are facing discrimination

at the hands of no resident officials and military officers often humiliate local

population to keep their control strong. This is unfortunate that when political

parties and students of these areas have started demonstration so called sedition

charges have been inflicted on them by the ruling establishment of Islamabad.

Despite giving trillion of rupees revenue and trade route with Peoples Republic of

China and natural resources like water, minerals, forests human resources and

tourism etc the Government of Pakistan always neglected the development and

rights of the people of this region. The people of this area are deprived of


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fundamental human rights and right to development, freedom of speech,

freedom of thoughts and freedom of assembly and right to demonstrate

peacefully has been snatched from the people. In this worst scenario it was first

time demonstrated before the world community when the United Kashmir

Peoples National Party leadership established its political alliance with the secular

democratic and pro-people political parties of the region. Sardar Shaukat AliKashmiri the Chairman of the Party has highlighted the issue of fundamental

rights and freedoms of the people of so called Azad Kashmir and Gilgit Baltistan

at every international forum from the United Nations to the European Parliament

.He organized many seminars, conference, demonstrations, in many European

Countries to educate western people, media, intellectuals and Governmental and

non-governmental institutions in this regard. Government of Pakistan has illegally

handed over approximately 5.000Sq miles of this region to China in 1963, which

was contrary to its obligations and pledges signed in the United Nations

resolution on 13th of August-1948. After six decades European Parliament has

adopted a resolution on 24th

of May-2007 with an overwhelming majority by theconsidering vehement desire of the people of this region for the restoration of

fundamental freedoms and rights in 21st century. The European Parliament has

once again defined the territory of the former princely state of Jammu Kashmir

extended to the Gilgit Baltistan and Hunza. And have recommended that the

Government of Pakistan would have to empower the people of so called Azad

Kashmir and Gilgit Baltistan. That the people of this region be empowered

politically, socially, economically and culturally as well as educationally and their

infrastructure must build on international standards. People of this region and

political parties are striving peacefully and are persuading the world community

that the Government of Pakistan is using delaying tactics to reunite both Azad

Kashmir and Gilgit Baltistan into a historical entity. The High Court of Azad

Kashmir in its verdict in 1993 and the verdict of Supreme Court of Pakistan in

1991, the state institutions are not complying with those orders and verdicts that

the local authorities at Muzaffarabad resumed the control of Gilgit Baltistan and

its institutional set up be extended to these areas immediately. Jammu Kashmir

and its political, constitutional, socio-economic, cultural, educational, religious,

and lingual history and its long history of relations with Northern Part Gilgit

Baltistan. Jammu Kashmir is north western region of the Indian sub-continent.

Until the mid 20th century, the term Kashmir referred to the Valley lying

between the great Himalaya and the Pir Panjal range; since then, it has beenused for a larger area that today includes Jammu Kashmir consisting ofKashmir

valley, Jammu, Ladakh, Pakistani Administered Kashmir, Gilgit, Baltistan

Chinese administered region of Aksai Chin.

The oldest account of Kashmir history is Rajtirangni of Kalhana which was written

in 1147-1149 CE.Though Kashmir has long history of foreign occupation but its

important feature is that the prominent Chak ruler of Kashmir and Ali Sher Khan

Anchan who is known as Ranchan Shah in Kashmir was belonging to the Gilgit

region that proves that the Gilgit Baltistan region had a strong influence in

Kashmir political affairs in the past. Under the paramountcy of the British crown

that lasted until 1947 when the former princely state became disputed territorybetween its neighbors India, Pakistan and China. The total area of the state is


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84471 Sq Miles and 12million population bigger than many independent nations

in terms of population and area particularly five European countries, Belgium,

Holland, Luxembourg, Austria, Switzerland together.

At this point I would say that the founding father of this state was Maharajah

Gulab Singh despite our differences with treaty of Amritsar of 1846.

I would also pay tribute to the loyalty and patriotism of Maharajah Hari Singh

and I would say that If Maharajah Hari Singh had not enacted the law of State

Subject Rule of 1927 Kashmiri people under different administrations and

political systems would have been turned as minority particularly those who live

under illegal administration of Pakistan since 1947.

Respected Delegates,

At this moment when different lobbies are trying to distort the facts and

misleading world community I would like to put forward my submissions so thathistorical misconception can be clearly understood.

It is evident that India came into Kashmir through a treaty of accession while

Pakistan infiltrated its tribal in Jammu Kashmir and illegally occupied about

36000Sq Miles of State. Under UNCIP resolutions Government of Pakistan failed to comply with the UNCIP

resolutions as UNCIP resolutions clearly asked Pakistan to withdrawal all its

armed and para-military forces and civilians simultaneously from state and India

was to withdraw bulk of its forces after that.

Therefore, unless Government of Pakistan fulfills the UNCIP resolutions condition,

asking India to revisit the treaty of accession and seek the opinion of Kashmiris

on the treaty. But it is the duty of Indian government to protect the life, liberty,

property and dignity of the Kashmiri unless final solution is sought. While on the

other hand government of Pakistan has denied the fundamental rights and

freedoms of people of Gilgit Baltistan.

We call Karachi agreement as conspiracy against the identity and unity of

Kashmiris by the Pakistani authorities and reject it for following various reasons.

1- At the time of Karachi Agreement on 28th April-1949 there was no

representative of that region.

2- The people of Gilgit Baltistan are kept deprived, politically, constitutionally

and forced to live unprivileged and underdeveloped since 1949.

3- No legislature was formed for the people of these areas.

4- There are no notable institutions like healthcare and hospital except Agha

Khan Rural Support Program (AKRSP).

5- As Karachi agreement was clearly infringe to the autonomy and fun political,

democratic, and cultural and human rights of the people of the region. ThroughKarachi agreement Pakistani authorities have assumed extraordinary powers and


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region became sole domain to ministry of Kashmir Affairs and Northern

Areas (KANA)

6- Muslim Conference and its leadership had no democratically legitimate

mandate for the people of Gilgit Baltistan to sign such agreement on their behalf

with Government of Pakistan.

It is irony that Government of Pakistan takes a very different route to govern the

affairs of Gilgit Baltistan unlike in Pakistani Administered Kashmir which consist of

4000Sq Miles was given a nominal institutions like Legislative Assembly,

President, Prime Minister, Supreme Court, National Flag and National Anthem, but

Gilgit Baltistan which is 28000 Sq Miles was put under the mercy of a low rank

officer in Ministry of Kashmir Affairs and Northern Areas.

The population of Gilgit Baltistan consists of many diverse linguistic,ethnic and religious groups isolated valleys separated by some of theworld's highest mountains. Urdu is the lingua franca of the region,understood by most male inhabitants.

The Shina language (with several dialects) is the language of 40% ofthe population, spoken mainly in Gilgit, throughout Diamer, and someparts of Ghizer. The Balti language, a sub-dialect of Ladakhi is spokenby the entire population of Baltistan. Minor languages spoken in thearea include Wakhi spoken in upper Hunza, and some villages in Ghizer,while Khowar is the major language of Ghizer. Burushaski is an isolatedlanguage spoken in Hunza, Nagar, Yasin (where Khowar is also spoken),

Some parts of Gilgit and some villages of Punyal. Another interestinglanguage is Domaaki, spoken by the musician clans of the region.

Gilgit Baltistan is rich in natural resources. Its major resources are gold,emerald, uranium, forests and water blue gold in modern terminology.Government of Pakistan is collecting billions of rupees from the tourismof this area. World highest and tallest peaks are situated in this area.Mount K2 and Godwin- Austin are one of them which attract expeditionsand mountaineers across the globe. Trans Karakoram route which is theonly link of Pakistan with China trade and commerce but local peopleare kept isolated of any benefit of such business. This area is blessed ofhuge assets of water resources. Kashmir has five rivers which are

1. River Indus
http://en.wikipedia.org/wiki/Urduhttp://en.wikipedia.org/wiki/Lingua_francahttp://en.wikipedia.org/wiki/Shina_languagehttp://en.wikipedia.org/wiki/Balti_languagehttp://en.wikipedia.org/wiki/Wakhi_languagehttp://en.wikipedia.org/wiki/Khowarhttp://en.wikipedia.org/wiki/Burushaskihttp://en.wikipedia.org/wiki/Hunzahttp://en.wikipedia.org/wiki/Nagarhttp://en.wikipedia.org/wiki/Domaaki_languagehttp://en.wikipedia.org/wiki/Urduhttp://en.wikipedia.org/wiki/Urduhttp://en.wikipedia.org/wiki/Lingua_francahttp://en.wikipedia.org/wiki/Lingua_francahttp://en.wikipedia.org/wiki/Lingua_francahttp://en.wikipedia.org/wiki/Shina_languagehttp://en.wikipedia.org/wiki/Shina_languagehttp://en.wikipedia.org/wiki/Shina_languagehttp://en.wikipedia.org/wiki/Balti_languagehttp://en.wikipedia.org/wiki/Balti_languagehttp://en.wikipedia.org/wiki/Balti_languagehttp://en.wikipedia.org/wiki/Wakhi_languagehttp://en.wikipedia.org/wiki/Wakhi_languagehttp://en.wikipedia.org/wiki/Wakhi_languagehttp://en.wikipedia.org/wiki/Khowarhttp://en.wikipedia.org/wiki/Khowarhttp://en.wikipedia.org/wiki/Khowarhttp://en.wikipedia.org/wiki/Burushaskihttp://en.wikipedia.org/wiki/Burushaskihttp://en.wikipedia.org/wiki/Burushaskihttp://en.wikipedia.org/wiki/Hunzahttp://en.wikipedia.org/wiki/Hunzahttp://en.wikipedia.org/wiki/Hunzahttp://en.wikipedia.org/wiki/Nagarhttp://en.wikipedia.org/wiki/Nagarhttp://en.wikipedia.org/wiki/Nagarhttp://en.wikipedia.org/wiki/Domaaki_languagehttp://en.wikipedia.org/wiki/Domaaki_languagehttp://en.wikipedia.org/wiki/Domaaki_languagehttp://en.wikipedia.org/wiki/Urdu


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2. River Kishanganga

3. River Jhelum

4. River Chenab

5. River Poonch

This area is most marginalized in the field of health and education.There is only one university for the population of 2 million people, butno medical and engineering college or polytechnique institute for thepopulation of entire region. The women situation in the area is evenworst due to poor health care facilities have deteriorated healthconditions in female and they are particularly victim of Pakistani statefundamentalist policies in this area. There are only two colleges in thearea and literacy rate among men is 14% and 3.5 % is among women.There is no major hospital in the area except Agha Khan Rural SupportProgram (AKRSP), which is the only Non-Governmental- Organization(NGO) providing primary health care to the people of this area. There isno industry in this area. Water and sewerage system is non-existent sois the electricity where more than two third of the population of thearea. The attempts to wage a political struggle through the NorthernAreas Legislative Council (NALC), have been handicapped by the banimposed by the Pakistani authorities on any one contesting electionsunless he or she pledge that the Gilgit Baltistan is an integral part of

Pakistan. Similarly constitutional restraints are in placed in AzadKashmir to bar political opponents from participating in the electionsthose stipulations are clear violations of UNCIP resolutions.

High court of so called Azad Kashmir verdict of 1993 and clear verdictof Supreme Court of Pakistan in 1999 define that Gilgit Baltistan is partand parcel of Jammu Kashmir and Government of Pakistan was askedto hand over administrative control of this area to the so calledGovernment of Azad Kashmir or least they should be given opportunityto form their own legislative Assembly.

But these verdicts went unnoticed under red tape of ministry ofKashmir affairs that enjoys the total control and absolute administrativepowers and financial affairs from Islamabad and local people aretreated as slaves. More than two hundred political activists are facingso called sedition charges in this area while constitutionally and legallythis region is not part of Pakistan.


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The political, constitutional and socio-economic deprivation of thepeople of Gilgit Baltistan and would like to put following suggestions inthis regard.

We welcome the end of military rule and installation ofdemocratically elected Government in Pakistan and we should supportdemocratic forces.

We warmly welcome ban lifted on trade unions and studentsorganizations, and we also express jubilance over the release of top judges of apex courts. Yet an independent judiciary is a dream intodays Pakistan. We should support the Lawyers movement in

Pakistan.

Borders should be opened between Gilgit Baltistan and Ladakh likesome crossing points have been opened in Pakistan AdministeredKashmir.

A bus service should immediately be started between Ladakh andGilgit Baltistan so that the divided families and cultural links could bereunited and revitalized between both regions.

We strongly urge world community and particularly EuropeanParliament to establish a fact finding mission to be sent in PakistaniAdministered Gilgit Baltistan and in Pakistani Administered Kashmir tosee ground realities and particularly the worst situation of earthquakevictims of October -2005.

Having regarded of the world community most generous support torehabilitate effected people, Government of Pakistan and local

administration in Pakistan Administered Kashmir have failed to do soaccordingly.

We urge world community and European Parliament to oversee thefunds allocated to earthquake victims and misuse of those funds by theconcerned authorities and Government officials.

We recommend that to empower women of the most deprivedregion there should be special quota be allocated for them so that they


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can also participate in socio-economic and political advancement of 21 st

century requirements

We also recommend that to provide them free and cheap justice tothe people an independent judiciary of world standard be established

for the people of Gilgit Baltistan.

Jamil Maqsood

General Secretary

United Kashmir Peoples National Party (U K P N P) Belgium


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Documents

Human Rights Situation in Pakistani Administered Kashmir