AJK and GB democratic deficit, way out, Manzoor Gilani
Empowerment will
support the Kashmiri freedom struggle against occupying Indian forces
FEBRUARY
21, 2018
Parts
of princely state of Jammu and Kashmir, known as Azad Jammu and Kashmir (AJK)
and Gilgit Baltistan (GB) under the administrative control of Pakistan are
neither its constitutional part nor autonomous to be called as ‘local
authority’ as mandated by UNCIP. Despite that they are controlled by the
Government of Pakistan directly as well as indirectly through AJK and GB
council headed by Prime Minister of Pakistan, federal bureaucracy at Islamabad,
Muzaffarabad and Gilgit without any representation in policy and
decision-making institutions affecting these areas more than any other part of
Pakistan. AJK and GB, though governments in name, are practically
non-entity and hostage to federal structure. Democrat deficit in both the
areas and resentment against it, is more than loud. GB Assembly has passed two
resolutions and all factions of AJK political leadership and civil society led
by its prime minister Raja Farooq Haider from front are vociferous in demand.
Although they differ in details, but agree in substance.
Perceiving
the resentment and demand for empowerment, the prime minister of Pakistan, Mr
Shahid Khaqan Abbasi has agreed to scrape the most condemned AJK and GB
councils and devolve all the powers to elected governments of these areas on
the pattern of 18th amendment of the constitution of Pakistan in two separate
meetings with the authorities of these two areas. It is a welcome break-through
if the authorities who matter do not leak under the pressure of beneficiaries
of the status quo.
Indian
claim over these areas under the disputed accession deed by the former ruler,
cease-fire violations throughout the CFL, its propaganda of subjugation of the
rights of the people of these areas fuelled by some self-styled human rights
activists in Europe and America, absence of any constitutional linkage between
these areas and mainland of Pakistan, besides many other reasons, are very
sensitive issues which make the constitutional empowerment, linkage and reforms
inevitable and, time is running out.
The
empowerment will lend support to uncontrolled and unmanageable struggle for
freedom by Kashmiris in Kashmir under Indian control by seven lac Indian forces
with all its might.
Perceiving the resentment and demand for empowerment,
the prime minister of Pakistan, Mr Shahid Khakan Abasi has agreed to scrape the
most condemned AJK and GB councils and devolve all the powers to elected
governments of these areas on the pattern of 18th amendment of the constitution
of Pakistan in two separate meetings with the authorities of these two areas.
It is a welcome breakthrough if the authorities who matter do not bend under
the pressure from beneficiaries of the status quo
Acceding
to the demand of empowerment will be in line with the commitment of Pakistan
under Article 257 of its constitution to the extent of these areas to attract
and make the people struggling for freedom to believe that Pakistan means
business.
The
formula of quantum and extent of autonomy is very simple and comprehendible
i.e. scraping the colonial authority of AJK — GB councils, devolving all
those (+tax powers in addition to them) to these areas which are given to
provinces of Pakistan under 18th amendment in particular, in return all powers
of federal nature should vest in federal parliament and Government, give
provisional representation equal to the provinces pending final resolution of
Kashmir dispute to these areas in parliament, CCI, NEC, NFC, (Articles 153 to
163 of constitution of Pakistan) the local constitutional orders of these areas
may be passed by parliament under Art 258 of constitution of Pakistan by
consensus and approval of the elected representatives of these areas in their
assemblies.
Given
the disputed nature of both the areas under UNSC Resolutions, the nature and
process of empowerment must be similar and simultaneous.
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