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, 1820

and 1858 by Maharajah Gulab Singh and his son Maharajah Ranbir Singh,
who after the death of his father annexed Hunza, Nagar and Gilgit to the
kingdom. Thus we call Maharajah Gulab Singh the founding father of
former princely state which was once only constituted over the valley of
Kashmir which is 8.000Sq Miles of the total area of approximately
85000.Sq miles. According to the United Nations Resolution 13th August-
1948, Pakistan is an aggressor country and she must comply with the
United Nations stipulations. But after 6 decades Government of Pakistan
has been demanding the implementation of the United Nations resolution.
The Government of Pakistan always trying to befool people of Jammu
Kashmir and have been deceiving world community. We are going to
analyze the UNCIP resolution and how Pakistan subsequently denied
complying with it.
A. The Governments of India and Pakistan agree that their respective High
Commands will issue separately and simultaneously a cease-fire order to
apply to all forces under their control in the State of Jammu and Kashmir
as of the earliest practicable date or dates to be mutually agreed upon
within four days after these proposals have been accepted by both
Governments.
B. The High Commands of the Indian and Pakistani forces agree to refrain
from taking any measures that might augment the military potential of the
forces under their control in the State of Jammu and Kashmir.
(For the purpose of these proposals "forces under their control" shall be
considered to include all forces, organized and unorganized, fighting or
participating in hostilities on their respective sides.)
C. the Commander-in-Chief of the forces of India and Pakistan shall
promptly confer regarding any necessary local changes in present
dispositions 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 the
Commission and with the cooperation of both Commands, will supervise
the observance of the cease-fire order.
E. the Government of India and the Government of Pakistan agree to
appeal to their respective peoples to assist in creating and maintaining an
atmosphere favorable to the promotion of further negotiations.

PART II
TRUCE AGREEMENT
Simultaneously with the acceptance of the proposal for the immediate
cessation of hostilities as outlined in Part 1, both Governments accept the
following principles as a basis for the formulation of a truce agreement,
the details of which shall be worked out in discussion between their
Representatives and the Commission.

A
1. As the presence of troops of Pakistan in the territory of the State of
Jammu and Kashmir constitutes a material change in the situation since it
was represented by the Government of Pakistan before the Security
Council, the Government of Pakistan agrees to withdraw its troops from
that State.
2. The Government of Pakistan will use its best endeavor to secure the
withdrawal from the State of Jammu and Kashmir of tribesmen and
Pakistan nationals not normally resident therein who have entered the
State for the purpose of fighting.
3. Pending a final solution, the territory evacuated by the Pakistani troops
will be administered by the local authorities under the surveillance of the
Commission.
B
1. When the Commission shall have notified the Government of India that
the tribesmen and Pakistan nationals referred to in Part IIA2 hereof have
withdrawn, thereby terminating the situation which was represented by
the Government of India to the Security Council as having occasioned the
presence of Indian forces in the State of Jammu and Kashmir, and further,
that the Pakistani forces are being withdrawn from the State of Jammu and
Kashmir, the Government of India agrees to begin to withdraw the bulk of
their forces from that State in stages to be agreed upon with the
Commission.
2. Pending the acceptance of the conditions for a final settlement of the
situation in the State of Jammu and Kashmir, the Indian Government will
maintain within the lines existing at the moment of cease-fire the
minimum strength of its forces which in agreement with the Commission
are considered necessary to assist local authorities in the observance of
law and order. The Commission will have observers stationed where it
deems necessary.
3. The Government of India will undertake to ensure that the Government
of the State of Jammu and Kashmir will take all measures within its power
to make it publicly known that peace, law and order will be safeguarded
and that all human and political rights will be guaranteed.
C
1. Upon signature, the full text of the truce agreement or a communiqué
containing the principles thereof as agreed upon between the two
Governments and the Commission will be made public.

PART III
The Government of India and the Government of Pakistan reaffirm their
wish that the future status of the State of Jammu and Kashmir shall be
determined in accordance with the will of the people and to that end, upon
acceptance of the truce agreement, both Governments agree to enter into
consultations 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 withdrawal
Pakistan started diplomatic struggle to clean up the right of self-
determination of the people of Jammu Kashmir and has introduced another
resolution was adopted by the UNCIP on 5th January 1949.

The United Nations commission for India and Pakistan , ‘’Having received
from the governments of India and Pakistan, in communications dated 23
December and 25 December 1948, respectively, their acceptance of the
following principles which are supplementary to the commission’s
resolution of 13 August 1948: 1. The question of the accession of the state
of Jammu and Kashmir to India and Pakistan will be decided through the
democratic method of a free and impartial plebiscite;
2. A plebiscite will be held when shall be found by the commission that the
cease-fire and truce agreement set forth in parts I and II of the
commission’s resolution of 13 August 1948 have been carried out and the
arrangements for the plebiscite have been completed ;
3. (B) The secretary general of the United Nations will, in the agreement
with the commission, nominate Administrator who shall be a personality of
high international standing and commanding general confidence. He will
be formally appointed to the office by the government of Jammu and
Kashmir ;(government of maharaja)

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

(d) The plebiscite administrator shall have authority to appoint such staff
of assistants and observers as he may require.
4. (A) After implementation of parts I and II of the commission’s resolution
of 13 August 1948, and when the commission is satisfied that peaceful
conditions have been restored in the state, the commission and plebiscite
administrator will determine, in consultation with the government of India,
the final disposal of Indian and the state armed forces, such disposal to be
with 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 of
13 August, final disposal of the armed forces in that territory will be
determined by the commission and the plebiscite administrator in
consultation with the local authorities;
6. (C) All citizens of the state who have left it on account of the
disturbances will be invited and be free to return and to exercise all their
rights as such citizens. For the purpose of facilitating repatriation there
shall be appointed two commissions, one composed of nominees of India
and other of nominees of Pakistan. The commissions shall operate under
the direction of the plebiscite administrator.

The governments of India and Pakistan and all authorities within the state
of Jammu and Kashmir will collaborate with the plebiscite administrator in
putting this provision into effect; (b) All persons (other than citizens of the
state) who on or since 15 august 1947 have entered it for other than
lawful purposes, shall be required to leave the state;
7. All authorities within the state of Jammu and Kashmir will undertake to
ensure, in collaboration with the plebiscite administrator, that; “(A) there is
no threat, coercion or intimidation, bribery or other undue influence on the
voters in the plebiscite; “(b) No restrictions are placed on legitimate
political activity throughout the state. All subjects of the state, regardless
of creed, caste or party, shall be safe in expressing their views and in
voting 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 of
travel 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 commission
for India and Pakistan problems on which he may require assistance, and
the commission may in its discretion call upon the plebiscite administrator
to carry out on its behalf any of the responsibilities with which it has been
entrusted;
9. At the conclusion of the plebiscite, administrator shall report the result
thereof to the commission and to the Government of Jammu and Kashmir
(Srinagar government a). The commission shall then certify to the Security
Council whether the plebiscite has or has not been free and impartial; “
10. Upon the signature of the truce agreement, the details of the foregoing
proposals will be elaborated in the consultations envisaged in part 111 of
the commission’s 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 action
in ordering the responsibilities imposed upon it by the resolution of 13
august 1948 and by the foregoing principles.” Pakistan’s reaction
In a letter of 17 June the Indian government submitted a program of
withdrawal for the Indian forces. The government of India has further
maintained that such withdrawal plan as may subsequently be agreed
upon with the commission should not be communicated to Pakistan until a
truce agreement has been arrived at. In light of above mention resolution
on United Nations Pakistan is underdog .most terms and conditions of the
resolution are not favoring Pakistan. This resolution said that first Pakistan
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 two
parts 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 hand
Indian government in the letter of June 17, 1948 agreed to withdraw its
troops on conditions of withdrawal of Pakistan. In case Pakistan implement
this resolution it must pulled out all its forces from Gilgit Baltistan and
Azad Kashmir and these areas would be handed over to Srinagar
government. Because in the resolution the word of Azad Kashmir
government was not mentioned, and Pakistan also accept the Maharaja
government in the standstillagreement. There is no legal position of Azad
Kashmir government in the documents of United Nations and before the
eyes of world community.
Pakistani Play with the aspirations of the people of Pakistani
Administered Kashmir and Gilgit Baltistan.
After playing with aspirations of the people of its administered Kashmir
into the United Nations Pakistan established a so called Government of
Azad 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 so
called Karachi Agreement in which President of so called Azad Kashmir
and president of ruling Muslim Conference Chaudhry Ghulam Abbas had
agreed that Government of Pakistan will take the control of Northern part
of Kashmir ( Gilgit Baltistan),for a temporary period. From Pakistani side
former prime Minister of Bahawalpur state Mushtaq Gormani was the
signatory, Sardar Muhammad Ibrahim Khan was succeeded by Syed Ali
Ahmed Shah from 13-05-1950 to 04- 12- 1951. He was terminated by the
Ministry of Kashmir Affairs and Northern Areas and the space was filled by
Mir Waiz Maulana Mohammad Yousaf on 05-12- 1951 until 20-06-1952 he
was the third president who was fired by the Pakistani Government in
order to establish its control firmly over the occupied territory. After Mir
Waiz Colonel (Retired), Sher Ahmed Khan was appointed as the president
on 31-06- 1952 until 30-05-1956, This was a era when the people of so
called Azad Kashmir were awakening after long sleep and they had started
demanding constitutional and political rights and they were fed up with
the dismissal and disgrace of their sentiments. After Mir Waiz Sardar Abdul
Qayum Khan was appointed as president on 08- 09-1956, to 12- 04- 1957,
after short period of his office Mr. Khursheed Hassan Khursheed was
elected as first elected president of the Pakistani Administered Kashmir. He
sworn in the office on 01- 05- 1959 until 06- 08 -1964. Many reforms were
introduced during his reign over the territory. He dismantled the institution
of feudalism and implemented land reforms. He has been demanding that
Pakistan should recognize and strengthen the people of Azad Kashmir and
Gilgit Baltistan. After him Khan Abdul Hameed Khan was appointed as the
president 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 till
1969; during this period India and Pakistan have fought second war after
gaining sovereignty. The war began following the failure of Pakistan’s
operation 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 an
insurgency among Kashmiri Muslims. The operation was failed and
backfired after full scale war and Pakistan was compelled to sign Tashkent
agreement on the interference of world community. A meeting was held in
Tashkent in the former Soviet Union (now Uzbekistan), on 4th January-1966
the Soviet Union represented by the Prime Minister Kosygin assisted and
moderated between Indian prime Minister Lal Bahadur Shastri and
Pakistani president Muhammad Ayub Khan. It was agreed that:
• Indian and Pakistani forces would pull back to their pre-conflict
positions.
• Both the nations would not interfere in each other’s 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 as

president of the area from 1969 till-1970. He was succeeded by
Sardar Abdul Qayum Khan on 12- 11- 1970 until, 04- 06, 1975. It was
a delicate period Pakistan was suffering of its own internal political
crisis due to continuous military interventions and collapse of the
civil rule and rule of law in the country. Both India Pakistan fought
another war which resulted in creation of independence on
Bangladesh on 16th December-1971.pakistan army surrendered and
the war was end. Another agreement was signed in Simla on 3rd July-
1972, known as Simla Agreement. During his second term of office
Sardar Qayum fully integrated with the civil and military
establishment of Pakistan, its power centers, secret agencies Sardar
Qayum fully collaborated with the ruling tool of Pakistan Ministry of
Kashmir Affairs and Northern Areas. He imposed most discriminatory
constitutional act on 1974, which bars freedom of thoughts, freedom
of assembly, freedom of speech, and ban was put on those who
don’t subscribe the ideology of State’s accession to Pakistan. Under
Article 7 (2) of constitutional act of 1974, describes as “No person or
political party in Azad Kashmir shall be permitted to propagate
against, or take part in activities prejudicial or detrimental to, the
ideology of state’s accession to Pakistan. Article 56, of the
Constitutional act of 1974 was used many times since it was
incorporated and imposed on the people of this area. The o called
Azad Kashmir Government has Assembly, Supreme Court, High
court, national Anthem and a national flag, but all these institutions
are powerless and toothless. All constitutional and executive powers
are either exercised by the powerful Lent officers as representatives
of Ministry of Kashmir Affairs and Northern Areas and Kashmir
council. The minister of Kashmir Affairs and Prime Minister of
Pakistan as Kashmir Council’s chairman is holding absolute powers in
their hands and they can dismiss or change any Government in
Muzaffarabad any time.
The Role of Secret agencies of Pakistan and their
maneuvering of local politics.
Since the former princely state of Jammu Kashmir was divided and
its part fall into the illegal occupation of Government of Pakistan, the
secret agencies of Pakistan have been manipulating the local politics
in both regions of Pakistani administration, so called Azad Kashmir
and Gilgit Baltistan. The secret agencies of Pakistan have been
involved in kidnapping of political leaders, students and youth in
these areas. The most notorious agency of Pakistan ISI (Inter-
Services Intelligence), is well known for its secret operation against
local leaders in the region. They have been maintaining and
controlling the sole power of local authorities in these regions. As
they are not accountable before any legal authority in Pakistan they
have adopted the same fashion of tyrannical rule in their
administrative areas of Kashmir. These secret agencies as part of
Pakistani security establishment have been controlling the total
power of the region from economical policies to educational and
developmental. ISI has kidnapped and tortured secular, progressive
pro people and pro democracy political leadership and the track
record of this agency is part of the history. The reports of prominent
human rights organizations like as Amnesty International (A.I),
Human Rights Watch (HRW), Asian Human Rights Commission
(AHRC), United states Institute of peace, United Nations Human
Rights Council, Rand Corporation, and so many think tanks have
been criticizing totalitarian rule of these agencies. Even security
establishment of Pakistan has sacked top judges of apex courts of
Pakistan due to their role and desire of rule of law, transparency and
accountability in the country. About 60 judges had been removed
from their offices and Chief Justice of Pakistan was put under house
arrest for more than two months a unique history of authoritarian
and totalitarian rule of Pakistani security establishment. ISI has
kidnapped known Sindhi leader Dr Safdar Sirki who is a US national
and was discovered after international pressure and his family
meetings and campaign in international institutes including US
senate. More than 5000thousand people and majority of political
activists are alone disappeared from Baluchistan and from other
provinces of the country. ISI has provided logistical support to
religious 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 to
use religion as weapon against enemy and to achieve political gains.
Pakistani military has arrested some top wanted terrorists from
Muzaffarabad (Pakistani Administered Kashmir), without any
knowledge of local administration. When local chief of Lashker e
Tayyaba Mr. Zaki Ur Rahman Lakhvi was arrested from Muzaffarabad
local authorities were unaware of his presence in the area. Those
 religious armed groups and their network is still intact in different
parts of the country particularly in Pakistani Administered Kashmir.ISI
has kidnapped ex Prime Minister of Pakistani Administered Kashmir
Mr.Mumtaz Hussain Rathore and was compelled to resign in later
90s.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 Party
had filed a writ petition before Lahore High Court Rawalpindi Branch,
all the responsible officers of these agencies had refused that they
don’t know about the whereabouts of Mr. Kashmiri while Mr. Kashmiri
was facing solitary confinement in the torture cells of Inter-services-
Intelligence (ISI), World known think tanks, Human Rights
Organizations, and world leaders had pressurized Government of
Pakistan to release Mr. Kashmiri safely. He was released after nine
and half months.
Socio-economic and political conditions of Gilgit Baltistan
and system of the Governance in these areas.

Gilgit Baltistan is a historical part of former princely state of Jammu

Kashmir. Maharajah Ranbir Singh the son of Gulab Singh added
Hunza, Gilgit and Nagar with the princely state around 1857.These
areas remained with the state of Jammu Kashmir until 1947, when
Kashmir was divided by the infiltration of Pakistani tribal’s and
regular army. Gilgit Baltistan was part of so called Azad Kashmir as
was disputed as well, but Pakistan took the control of these areas on
27th of April of 1949, under Karachi agreement. It was agreed
between Mr. Mushtaq Gormani Minister without portfolio Government
of Pakistan and Sardar Muhammad Ibrahim Khan than President of
so called Azad Kashmir, and Chaudhry Ghulam Abbas president of
Muslim conference which was the only political party on this side of
line of control. The agreement shows that how Pakistan was
desperate to disintegrate its administered areas and had the thrust
of territorial control and occupation of natural resources of these
areas.
Karachi Agreement of 27th April, 1949

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

1. Défense (as modified Under.
2. Foreign policy of Azad Kashmir.
3. Negotiations with the United Nations Commission for India and
Pakistan.
4. Publicity in foreign countries and in Pakistan.
5. Co - ordination and arrangement of relief and rehabilitation of
refugees.
6. Co - ordination of publicity in connection with plebiscite.
 7. All activities within Pakistan regarding Kashmir such as procurement
of 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 Kashmir
Government and administration.
4. Advice to the honorable Minister without Portfolio with regard to
negotiations 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 and
the 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 the
negotiations 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 didn’t 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 engineering
college, 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
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 Ali
Kashmiri 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 the
considering 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 been
used for a larger area that today includes Jammu Kashmir consisting of Kashmir
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 it’s
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 territory
between its neighbors India, Pakistan and China. The total area of the state is
 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 that
historical misconception can be clearly understood.

• It is evident that India came into Kashmir through a treaty of accession while
Pakistan infiltrated it’s 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. Through
Karachi agreement Pakistani authorities have assumed extraordinary powers and
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 the
world'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% of
the population, spoken mainly in Gilgit, throughout Diamer, and some
parts of Ghizer. The Balti language, a sub-dialect of Ladakhi is spoken
by the entire population of Baltistan. Minor languages spoken in the
area include Wakhi spoken in upper Hunza, and some villages in Ghizer,
while Khowar is the major language of Ghizer. Burushaski is an isolated
language spoken in Hunza, Nagar, Yasin (where Khowar is also spoken),

Some parts of Gilgit and some villages of Punyal. Another interesting

language 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 tourism
of this area. World highest and tallest peaks are situated in this area.
Mount K2 and Godwin- Austin are one of them which attract expeditions
and mountaineers across the globe. Trans Karakoram route which is the
only link of Pakistan with China trade and commerce but local people
are kept isolated of any benefit of such business. This area is blessed of
huge assets of water resources. Kashmir has five rivers which are
1. River Indus
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, but
no medical and engineering college or polytechnique institute for the
population of entire region. The women situation in the area is even
worst due to poor health care facilities have deteriorated health
conditions in female and they are particularly victim of Pakistani state
fundamentalist policies in this area. There are only two colleges in the
area 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 Support
Program (AKRSP), which is the only Non-Governmental- Organization
(NGO) providing primary health care to the people of this area. There is
no industry in this area. Water and sewerage system is non-existent so
is the electricity where more than two third of the population of the
area. The attempts to wage a political struggle through the Northern
Areas Legislative Council (NALC), have been handicapped by the ban
imposed by the Pakistani authorities on any one contesting elections
unless he or she pledge that the Gilgit Baltistan is an integral part of
Pakistan. Similarly constitutional restraints are in placed in Azad
Kashmir to bar political opponents from participating in the elections
those stipulations are clear violations of UNCIP resolutions.

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

But these verdicts went unnoticed under red tape of ministry of

Kashmir affairs that enjoys the total control and absolute administrative
powers and financial affairs from Islamabad and local people are
treated as slaves. More than two hundred political activists are facing
so called sedition charges in this area while constitutionally and legally
this region is not part of Pakistan.
The political, constitutional and socio-economic deprivation of the
people of Gilgit Baltistan and would like to put following suggestions in
this regard.

• We welcome the end of military rule and installation of

democratically elected Government in Pakistan and we should support
democratic forces.

• We warmly welcome ban lifted on trade unions and students

organizations, and we also express jubilance over the release of top
judges of apex courts. Yet an independent judiciary is a dream in
today’s Pakistan. We should support the Lawyers’ movement in
Pakistan.

• Borders should be opened between Gilgit Baltistan and Ladakh like

some crossing points have been opened in Pakistan Administered
Kashmir.

• A bus service should immediately be started between Ladakh and

Gilgit Baltistan so that the divided families and cultural links could be
reunited and revitalized between both regions.

• We strongly urge world community and particularly European

Parliament to establish a fact finding mission to be sent in Pakistani
Administered Gilgit Baltistan and in Pakistani Administered Kashmir to
see ground realities and particularly the worst situation of earthquake
victims of October -2005.

• Having regarded of the world community most generous support to

rehabilitate effected people, Government of Pakistan and local
administration in Pakistan Administered Kashmir have failed to do so
accordingly.

• We urge world community and European Parliament to oversee the

funds allocated to earthquake victims and misuse of those funds by the
concerned authorities and Government officials.

• We recommend that to empower women of the most deprived

region there should be special quota be allocated for them so that they
can also participate in socio-economic and political advancement of 21st
century requirements

• We also recommend that to provide them free and cheap justice to

the people an independent judiciary of world standard be established
for the people of Gilgit Baltistan.

Jamil Maqsood

General Secretary

United Kashmir People’s National Party (U K P N P) Belgium