Freedom in the World 2003 - Kashmir [Pakistan]

Polity: Pakistani-administered
Population: 4,200,000
GNI/Capita: N/A
Life Expectancy: N/A
Religious Groups: Muslim (99 percent) [Shi'a majority, Sunni minority], other (1 percent)
Ethnic Groups: Kashmiri, Punjabi, Balti, other (including Gujjar, Ladakhi, and Shina)
Capital:

Political Rights Score: 7
Civil Liberties Score: 5
Status: Not Free

Overview

Heightened tensions with neighboring India over the disputed territory of Kashmir, which resulted in massive troop buildups by both sides along their common border in the first half of 2002, led to increased international pressure on Pakistani leader General Pervez Musharraf to intensify his crackdown against the Pakistan-based militant groups responsible for incursions into Kashmir and suicide attacks within India. Although Musharraf banned the movement of militants from the Pakistani portion of Kashmir into the Indian-held section of Kashmir in June, hardline Islamic groups in Azad Kashmir organized protest rallies denouncing his decision and vowing to continue their armed insurgency. Meanwhile, pro-independence groups in the Northern Areas continued to agitate for increased political representation.

After centuries of rule by Afghan, Sikh, and local strongmen, the British seized control of Kashmir in 1846 and sold it to the Hindu maharajah of the neighboring principality of Jammu. The maharajah later incorporated Ladakh and other surrounding areas into what became the new princely state of Jammu and Kashmir. At the partition of British India in 1947, Maharajah Hari Singh attempted to preserve Jammu and Kashmir's independence. However, after Pakistani tribesmen invaded, he agreed to Jammu and Kashmir's accession to India in return for promises of autonomy and eventual self-determination.

India and Pakistan went to war over Kashmir within months of gaining their independence. A UN-brokered cease-fire in January 1949 established the present-day boundaries, which gave Pakistan control of roughly one-third of Jammu and Kashmir, including the far northern and western areas as well as a narrow sliver of land adjoining Indian-held Kashmir. India retained most of the Kashmir Valley along with Jammu and Ladakh. (A separate report on Indian-administered Kashmir appears in the Disputed Territories section of the survey).

Unlike India, Pakistan never formally annexed the portion of Kashmir under its control. The Karachi Agreement of April 1949 divided Pakistani-administered Kashmir into two distinct entities, Azad (free) Kashmir and the Northern Areas, which consist of the five districts of Gilgit, Ghizer, Ghanche, Diamer, and Baltistan. Pakistan retained direct administrative control over the Northern Areas, while Azad Kashmir was given a larger degree of nominal self-government.

For several decades, an informal council administered Azad Kashmir. A legislative assembly was set up in 1970, and an interim constitution in 1974 established a parliamentary system headed by a president and a prime minister. However, the political process in Azad Kashmir has been suspended on several occasions by the military rulers of Pakistan. In 1977, General Zia-ul-Haq dissolved the legislative assembly and banned all political activity until 1985.

Chronic infighting among the state's various political factions has also allowed Islamabad to interfere with ease in the electoral process. In 1991, the prime minister of Azad Kashmir was dismissed, arrested, and imprisoned in Pakistan. In the 1996 state elections, Sultan Mahmud Chaudhary's Azad Kashmir People's Party (AKPP) emerged with a majority of seats. The outgoing Muslim Conference (MC) had boycotted the elections, accusing the AKPP of vote rigging and fraud. In elections held in July 2001 with a 48 percent turnout, the MC swept back into power, winning 30 out of 48 seats. However, General Musharraf installed a serving general as the president of Azad Kashmir later that month, prompting speculation that Islamabad intended to reassert its control over the territory.

The lack of political representation in the Northern Areas has fueled demands for both formal inclusion within the Pakistani state as well as for self-determination. In 1988, Gilgit was racked by unrest after Shias demanded an independent state. The Pakistani army suppressed the revolt with the help of armed Sunni tribesmen from a neighboring province. In May 1999, the Pakistani Supreme Court directed the government to act within six months to give the Northern Areas an elected government with an independent judiciary. After the verdict, the Pakistani government announced a package that provided for an appellate court as well as an expanded and renamed Northern Areas Legislative Council (NALC). Elections to the NALC were held under the military government in 2000. However, financial and legislative powers have yet to be delegated to the NALC, according to a report in the Dawn newspaper.

In January 2001, 12 small Kashmiri separatist groups in Azad Kashmir and the Northern Areas announced the formation of the All Parties National Alliance, which committed itself to fighting for an independent Kashmir and demanded that both India and Pakistan release jailed members of the group. While the Pakistani authorities have readily provided support to armed militants fighting in India, they have been less tolerant of groups that espouse Kashmiri self-determination.

Political Rights and Civil Liberties

The political rights of the residents of Pakistani-administered Kashmir remain severely limited. Neither the Northern Areas nor Azad Kashmir has representation in Pakistan's national parliament. The Northern Areas are directly administered by the Pakistani government and have no constitution guaranteeing them fundamental rights, democratic representation, or the separation of powers, according to Amnesty International. Executive authority is vested in the minister for Kashmir affairs, a civil servant appointed by Islamabad. An elected Northern Areas Legislative Council (NALC) serves in an advisory capacity and has no authorization to change laws or spend revenue. In November 1999, the new military government permitted previously scheduled elections to the NALC to take place; candidates who won seats included independents as well as representatives of several political parties. Elections for local governmental posts were held in July 2000.

Azad Kashmir has an interim constitution, an elected unicameral assembly headed by a prime minister, and a president. However, Pakistan exercises considerable control over both the structures of governance and electoral politics. Islamabad's approval is required to pass legislation, and the minister for Kashmir, affairs handles the daily administration of the state. Twelve of the 48 seats in the Azad Kashmir assembly are reserved for Kashmiri "refugees" in Pakistan, whose elections to these seats are the subject of manipulation. In addition, candidates in elections are required to support the accession of Kashmir to Pakistan. According to Human Rights Watch, authorities barred at least 25 candidates from the pro-independence Jammu and Kashmir Liberation Front (JKLF) from contesting the July 2001 elections after they refused to sign a declaration supporting the accession of all of Kashmir to Pakistan. Several hundred JKLF supporters, including its chief, Amanullah Khan, were arrested while protesting against the decision. Fifteen other nationalists who agreed to the "accession" clause competed in the elections, but none won a seat. Azad Kashmir receives a large amount of financial aid from the Pakistani government, but successive administrations have been tainted by corruption and incompetence. A lack of official accountability has been identified as a key factor in the poor socioeconomic development of both Azad Kashmir and the Northern Areas.

The Pakistani government uses the constitution and other laws to curb freedom of speech on a variety of subjects, including the status of Kashmir. In recent years, authorities have banned several local newspapers from publishing. In October 2000, the district magistrate revoked the publication license of the independent weekly K2 for "promoting anti-Pakistan feelings," a ban that remained in effect until July 2001. In addition to pressure from the authorities, journalists face some harassment from other non-state actors. In June, political party activists attacked the office of the weekly Naqqara, a Gilgit-based newspaper, and assaulted the staff. While the Northern Areas have no local broadcast media, a local radio station was inaugurated in AK in September.

Pakistan is an Islamic republic, and there are numerous restrictions on religious freedom. In addition, religious minorities face unofficial economic and societal discrimination and are occasionally subject to violent attack. Shia Muslims, who form the majority of the population in the Northern Areas, include a large number of Ismailis, a group that follows the Aga Khan. Sectarian strife between the majority Shia population and the increasing number of Sunni Muslims (some of who immigrated from Pakistan) continues to be a problem. In June 2001, Sunni organizations protested against the local administration's decision to supply different school textbooks for Shia students. The Aga Khan Rural Support Program, a local development organization, has in recent years been subjected to harassment and violence from extremist Sunni religious leaders.

Freedom of association and assembly is restricted. The constitution of Azad Kashmir forbids individuals and political parties from taking part in activities prejudicial to the ideology of the state's accession to Pakistan. Political parties that advocate Kashmiri independence are allowed to operate, but not to participate in elections. According to Amnesty International, some people who do not support the accession of Azad Kashmir to Pakistan have been dismissed from their jobs and denied access to educational institutions. A number of nationalist political parties have been formed in the Northern Areas that advocate either self-rule or greater political representation within Pakistan. However, their leaders are subject to arbitrary arrest and long jail terms. The Balawaristan National Front estimates that more than 70 individuals are facing sedition or treason cases as a result of their political activities.

In recent years, police have suppressed antigovernment demonstrations, sometimes violently, in both Azad Kashmir and the Northern Areas. These have included rallies by nationalist political organizations as well as student protests. In September, according to the Asian Human Rights Commission, police attacked protestors demonstrating peacefully against the Mangla Dam extension in Mirpur, arresting 13 people and injuring others.

The judiciary of the Northern Areas consists of district courts and a chief court, whose decisions are final. The Northern Areas Council Legal Framework Order of 1994 provides for a court of appeals, but this has not yet been established. The territory continues to be governed by the colonial-era Frontier Crimes Regulations (FCR), under which residents are required to report to local police stations once a month. Law enforcement agencies have reportedly used torture on political activists who have been detained or imprisoned. Azad Kashmir has its own system of local magistrates and high courts, whose heads are appointed by the president of Azad Kashmir. Appeals are adjudicated by the Supreme Court of Pakistan.

Press reports suggest that a number of Islamist militant groups, including members of al-Qaeda, have bases in, and operate from, Pakistani-administered Kashmir with the tacit permission of Pakistani intelligence. Several militant groups that advocate the accession of Kashmir to Pakistan receive weapons and financial aid from the Pakistani government in support of their infiltrations into Indian-administered Kashmir. In January 2002, under pressure from the United States, General Musharraf banned two of the main militant groups, the Lashkar-e-Taiba and the Jaish-e-Mohammad, and the ban was extended to cover Azad Kashmir by the state government. Militants closed some of their training camps in Azad Kashmir in July and temporarily reduced the level of infiltration, but by the fall, it had increased to previous levels.

Shelling between Indian and Pakistani forces around the Line of Control in Kashmir continued to kill or displace numerous civilians throughout the year. The Azad Kashmir government manages relief camps for refugees from Indian-administered Kashmir, which are funded by the Pakistani government.