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Letter of Sardar Muhammad Abdul Qayyum Khan for: Excellency Chairman
of the EU And Members of the EU Parliament.
Excellencies
This is with regard
to the report recently submitted by Baroness Emma Nicholson about
India-Pakistan dispute on Kashmir. I am sure it is no secret now.
However, my request is to give it due consideration before it is
adopted. Its adoption as it is, God forbid, will grossly mislead
more than half of the world opinion, if not all. We do not know
where exactly to attribute it, strategic ignorance or conscious
overlook of the factual position. It is not only clearly one-sided
but it also defeats the very purpose for which the report might have
been called for. My view about the report is shared by the largest
chunk of the community represented by the Muslim Conference, the
ruling party in Azad Kashmir (Librated part of the Jammu & Kashmir
State). Many others with hardly an odd exception also voice the same
opinion. In any case most of the report is based mostly on hundred
percent incorrect information.
1.
Azad Jammu & Kashmir though not an independent sovereign
state, has got legislative Assembly of its own which comprises of 49
members elected on the basis of adult franchise. The Assembly, at
present, has among its members six women out of whom two are
Ministers in the Government of Azad Jammu & Kashmir. The Legislative
Assembly is the major political institution in the territory. Though
there are more than half a dozen political parties in AJK, yet it
practically boils down to two which is as fine as elsewhere. There
have been an effective local bodies system in vogue for a pretty
long time. After a spell of a few years, it is being revived,
hopefully within a few months. Besides, there is a Council, the
Upper House, chaired by the Prime Minister of Pakistan to maintain
link with Pakistan. The Council, among others, comprises of six
members who are elected by Members of the Legislative Assembly of
Azad Jammu & Kashmir. Moreover, there is President, Prime Minister,
Supreme Court, High Court and adequate number of subordinate courts
right from Civil Judges to District and Session Judges. In presence
of the aforesaid institutions, the claim that Azad Jammu & Kashmir
lacks democratic structure is just unintelligible.
2.
Another farce contained in the report is “major
deficiencies in the rule of law and justice”. As to what are
those major deficiencies, is not even remotely alluded to. Fact of
the matter is, as clarified in the earlier part of this document,
there is a complete judicial set up in Azad Jammu & Kashmir right
from the lowest to the highest judicial forum catering to the
requirements of dispensation of justice. Insofar as rule of law in
Azad Jammu & Kashmir is concerned, suffice it to say that there is
not even a single person throughout the Azad Jammu & Kashmir
territory detained in any sort of judicial or other custody except
under due judicial authority and on a specific charge under validly
enforced laws which in themselves ensure due process for custody
with full opportunity of defence to the accused. The report can well
be analyzed placing it in juxtaposition to the Indian occupied part
of the State of Jammu & Kashmir where thousands of the people are
under incarceration without any authority of law, and who are
undergoing such incarceration for years together without being tried
for any offence. Thousands have been removed from homes by the
Indian armed forces without any information as to their whereabouts.
The inhuman laws like TADA and POTA besides, which authorize the
Indian army to arrest anyone without assigning to him any reason and
on mere suspicions.
3.
As for poverty level is concerned there is no
doubt that Azad Kashmir is, for one reason or the other, much well
off in comparison with other adjoining areas. It is also no secret
that some of the areas in AJ&K are much better off than many others
around. Therefore, it dose not justify to declare the entire area as
of extreme poverty. It may also be mentioned that the better
economic conditions in AJ&K are also due to our people abroad. It is
a middle class society no doubt, but it is one area where there is
no begging so far, as one finds in under-developed places. Doesn’t
one know that in neighboring country not one or two persons but
hundreds of thousands live under inhuman conditions, homeless and
hearthless. That was not sighted by the worthy rapporteur. In any
case Azad Kashmir can by no standards be declared as of extreme
poverty area. Even if it were so how does it concern or affect a
Peaceful Resolution of the dispute.
4.
The other fallacy of the report is in assessment of the
literacy rate in Azad Jammu & Kashmir. Starting from Zero
percent at the time of Partition, it has gone up to sixty percent.
And the way it is progressing one can easily say that much before
long AJ&K will acquire hundred percent far earlier than other
adjoining areas. I have the honor to be considered as the architect
of that policy and plan. I simply wonder who that ignorant person
might have been to give that false information to the honorable
lady. Yet how does it concern Resolution of the real issue.
5.
As to how the “impact of the earthquake and vast
humanitarian situation has completely changed the political
conditions on the ground in Azad Jammu &
Kashmir”
is again incomprehensible. One fails to understand as to why the
people of Azad Jammu & Kashmir, and for that matter the people of
the State of Jammu & Kashmir as a whole, should be denied their
legitimate and well acknowledged right of deciding their future
themselves on the ground that “they are already among some of the
most disadvantaged in the region” and that “the already
exceptionally sparse basic needs have further been exacerbated by
the earthquake”. It is too harsh and unjust to deprive them from
their universally recognized right on the ground that “continuing
calls for a plebiscite on the final status of Jammu & Kashmir are
wholly out of step with the needs of the local people and damaging
to their interests.” Conversely, such people deserve all the
more sympathy and humanitarian as well as political assistance in
getting their aforesaid rights.
6.
The report which refers to “child-trafficking in the
aftermath of the disaster” is against facts. Again it contains
no element of truth while claiming that “mechanism for child
protection was virtually non-existent even before the earthquake.”
The report fails to refer to any evidence, documented or otherwise,
on the point. The report also fails to take into consideration a
variety of laws enforce in Azad Jammu & Kashmir guaranteeing and
protecting the rights of women and children including their
maintenance, education, protection against child labour,
non-discrimination etc.
7.
The report has tried, in vain, to exploit the boggy of
no rights to women. Our women folk are equal voters in
elections at all levels. They enjoy both facilities of reserved
seats and contesting direct elections to the Legislature. No doubt
we have a traditional social structure with its centuries old
obligations. However, they form part of the Govt. and are in a much
better position that way. It will be unfair to judge it by European
standards.
8.
The report follows the fallacy that people in Azad Jammu &
Kashmir had “minimal basic rights before the earthquake” and
fails to notice the fact that these people were among those enjoying
all basic needs of life including free education and healthcare,
prior to the earthquake and they, if not atop, were much ahead in
this regard as compared to other areas around.
9.
The report goes other way round when it requires a change of
policy from Islamabad, which, according to the report, “maintains
that all of
Kashmir is an
integral part of Pakistan’s territory”.
This part of the report alone tells much about the “truth” contained
in the report. There has never been such a claim from Islamabad
which has all along been supporting the Kashmir’s demand of grant of
right to self-determination in accordance with UN Resolutions.
Pakistan Constitution is evident on the point which, as against
India Constitution, does not lay any claim with regard to the State
of Jammu & Kashmir and leaves the future of the State to be
determined by the people of the State. Conversely, it is India who,
in defiance of its commitments and solemn pledges given to the
international community, has been claiming the State of Jammu &
Kashmir as its integral part. It is just ironical to blame a party
for the deeds of another.
10.
Deficient arrangements of Earthquake by the army,
yet an-other out of context allegation. Pakistan Army after the
Earthquake is considered to be the savior of the Kashmiri people. It
was entirely because of them that the human life was rescued and
restored to normalcy. In a huge out-of- proportion calamity like
this no army in the world could do any better. That question could
be addressed to any layman in the affected area. Some disgruntled
element is always there but they represent much less than half a
percent of the people. One simply wonders how fallacious the report
is. I also wonder how some one dare inform that highly responsible
forum with such faulty information based mostly on hearsay and
conjectures. No doubt many other prestigious organizations and
institutions also played commendable role in rescue and relief, yet
the role of Pakistan army will ever be remembered. The whole nation
is proud of their performance. We are also grateful to other
organizations who came to help.
11.
With regard to the information about health care
it is also surprising to find how poorly informed that honorable
lady has been. Without any disrespect, one feels as if the report
was prepared in a cozy drawing room without any reference or
knowledge about the ground environments. She seems to have been
surrounded by some rotten element. I can say with authority and
responsibility that the health care network in Azad Kashmir is much
better than anywhere in the adjoining areas. If one takes the
terrain into consideration it would surprise any one to see how this
care service has been deployed in that Himalayan Range. We had tried
to provide health care on the basis of five thousand people as a
yard stick. Besides other institutions like hospitals and other
health care centres the Government provides free treatment in all
hospitals for some major diseases like Cancer, Cardiac problems and
Hepatitis. The Christian community, however small, has the privilege
of free treatment throughout AJ&K.
12.
Coming to another objection raised by the honorable EU
representative criticizing bar on elections against Accession
to
Pakistan,
I wish she had spared some time to give us a hearing. I am
absolutely sure that she could never submit that report. I am solely
responsible for providing in the AJK Constitution the clause which
restricts the election to those who favour Accession with Pakistan.
Government of Pakistan never had any thing to do with this.
The reason why we did that was:
a)
Any thing other than Accession would conflict both with the
partition plan and the UN resolutions which called for plebiscite
and provided for two options only-Accession to India or Pakistan. We
are not in a position to alter that position.
b)
Pundit Nehru had in the very beginning declared that India
will not accept Independent Kashmir as it would lead to
disintegration of India.
c)
Any alteration in the status quo would upset every thing,
reverse the order and deprive the Kashmiris of the right conceded to
them by the UN.
d)
Declaration of Independence of Azad Kashmir was declared by
India as an act of war. It would open a Pandora box with never
ending problems. It would raise unlimited questions about the future
of Kashmir and for both the countries, Pakistan and India.
Therefore, the clause under dispute is the best step in the interest
of peace and peaceful settlement and to avoid any confusion.
As a whole option of
Independent Kashmir was debated and duly addressed in the UN
Resolutions. The UN while adopting the last resolution had fully
examined this position by according unanimous acceptance by that
world forum which incidently included the two Kashmiri
representatives Sardar Muhammad Ibrahim Khan and Sheikh Abdullah,
representing both sides of the Cease-Fire Line. In addition concept
of Independent Kashmir carries in its wake deep-rooted secession
concept which is in conflict with peace anywhere.
However, one is also
astonished that the honorable lady found it necessary to mention
that clause but she ignored the defiance by India of the UN
resolutions, its forcible military occupation of the State and
finally declaring the State as integral part of India. Conferring
constitutional authority to the military occupation forces in the
Jammu & Kashmir state is yet another unique anomaly as it brings
into question both much acclaimed democracy and freedom. Is it not
the highest form of violation of human rights?
A unique phenomenon,
in clear defiance rather repudiation of all pledges, commitments and
understandings at all international levels by India failed to draw
the attention of the lady. Unparalleled human rights violations in
Kashmir by India also failed to invoke her sympathy and attention.
No other country could have survived such offensive behavior. Even
if the report was correct yet one would like to know how does it
concern the UN-promised plebiscite. Were the contents of this report
a pre-condition to plebiscite. If every thing in AJ&K was so bad
then is it not all the more reason to hold plebiscite, as soon as
possible. Fairness and justice demanded to point out who has been
intransigent obstructing plebiscite. Is it because India is
comparatively much bigger in size, weight and military prowess
therefore, truth becomes irrelevant. Economic interest and
international clout besides. Evidently these factors can easily
influence not only individuals of whatever their stature but also
the Governments and countries. It is common place knowledge, no
secret. We in this part of the world have always recognized and
respected the role played by Europe and have trusted that even if
the EU is not in a position to do much, it will in no case do
injustice and will not accept to be influenced against their own
political culture and global responsibility.
13.
The report goes beyond horizons when it suggests
India to
consider granting Ladakh the same provincial status as that enjoyed
by Jammu & Kashmir.
The Indian administered Kashmir, according to the report, “enjoys a
unique status under Article 370 of the Indian Constitution, granting
it greater autonomy than other states in the Union”. Isn’t it a
covert effort on behalf of the Honourable Lady to lead the EU
declaring the State of Jammu & Kashmir including Ladakh as part of
India, as against UN Resolutions and commitments of Indian
Leadership which say otherwise and recognize the State of Jammu &
Kashmir as a disputed territory.
14.
The report seems to have gone astray when it narrates “too
difficult situation faced by homosexuals”. Leaving aside the
narration of any difficulties faced by the homosexuals in the state
being totally against facts, one fails to understand what concern
the nice lady of the statuture of Baroness Emma Nicholson had with
such an aspect which does not have any bearing on the Kashmir issue,
muchless the Kashmiris right to plebiscite.
I undoubtedly believe
that lady Emma’s report is not worth presentation to the EU
Parliament. On the other hand it qualifies to an impartial
delegation, to probe a little deeper so that a correct assessment
and analysis could lead to correct and fair decision or
recommendation.
(Sardar
Muhammad Abdul Qayyum Khan)
Excellency Chairman
of the EU
And Members of the
EU Parliament.
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ling
AJK Party, All Jammu & Kashmir Muslim Conference Sardar Muhammad
Abdul Qayyum Khan says he visualises United States of Kashmir with
sub-sovereignty status as the potential solution of Jammu and
Kashmir dispute, with both Pakistan and India exercising joint
paramount control over the State. 
