Institutionalised Repression On Pakistan Occupied Jammu & Kashmir – OpEd
Named ‘Azad’ [liberated] Jammu & Kashmir by Islamabad, this area of J&K under Pakistan’s illegal occupation [PoJK] since 1947 unfortunately doesn’t quite live up to its name as its people are anything but free. To begin with, Para 7 [3] of PoJK constitution criminalises freedom of expression by mandating that “No person or political party in Azad Jammu and Kashmir [PoJK] shall be permitted to propagate against, or take part in activities prejudicial or detrimental to, the ideology of the State’s accession to Pakistan.”
One doesn’t have to be a Sherlock Holmes to deduce that this draconian stipulation aimed at muzzling public opposition by the residents of PoJK against its illegal occupation by Pakistan has been incorporated into the constitution since Islamabad knows very well that locals are unhappy about annexation of their land by Pakistan.
The irony is that while it tries to portray PoJK as an independent entity, in reality Islamabad treats it as its colony and rules this region with an iron fist, brazenly exploiting its natural resources. This is evident from the frequent protests and repeated demands for azadi [freedom] made by agitating PoJK residents. The Pakistan army’s un-soldierly conduct in PoJK has further alienated locals and one illustrative example that comes to mind is its abject apathy towards civilians that came to the fore during the devastating 2005 earthquake.
Human Rights Watch [HRW] in its 2006 report states, “In the first seventy-two hours after the earthquake, thousands of Pakistani troops stationed in Azad Kashmir [PoJK] prioritized the evacuation of their own personnel over providing relief to desperate civilians.” It further mentions that the international media even “filmed Pakistani troops standing by and refusing to help because they had “no orders” to do so as locals attempted to dig out those still alive, sending a chilling message of indifference from Islamabad.” [Emphasis added].
But this is not all.
In 2006, Asia Director at Human Rights Watch [HRW] Brad Adams had noted that “The military shows no tolerance for dissent and practically runs the region [PoJK] as a fiefdom.” Furthermore, the 2006 HRW report, mentions that it “knows of no cases in which members of military and paramilitary security and intelligence agencies have been prosecuted or even disciplined for acts of torture or mistreatment [of PoJK residents].”
Due to such step-motherly treatment and excess by the Pakistan army, PoJK residents rightly consider themselves to be second and class citizens leading to widespread dissatisfaction. And pushed against the wall, from all walks of life in PoJK have rallied under the banner of Joint Awami Action Committee [JAAC] of PoJK, a civil society alliance, to unitedly press their demands. In May 2023, JAAC launched a massive public campaign to protest against withdrawal of subsidies on food grain and the inordinately high prices of wheat flour and electricity.
Strong-arm measures to sabotage the JAAC protest such as indiscriminate preventive detention of its leaders, intimidation, imposition of curfew, and use of brute force that led to casualties failed to deter the residents of PoJK from taking to the streets. Ultimately, while the administration was forced to accede to their genuine demands, Islamabad viewed this public unrest as a threat to its illegal occupation of PoJK and decided to put curbs on public gatherings
As doing this ran the risk of antagonising the already incensed people, Islamabad’s proxy PoK government kept quiet for six months. Thinking that public tempers had cooled, the PoJK government promulgated the ‘Peaceful Assembly and Public Order Ordinance 2024’ last month which debars unregistered organisations from holding gatherings or protests. Even registered organisations have to submit a written application seeking permission for any public gathering seven days in advance and the administration reserves the right to unilaterally reject any such request.
Known for its complete subservience to Islamabad, PoJK’s judiciary summarily dismissed two writ petitions against this ordinance that outrightly violates the fundamental right to freedom of expression. This led to massive public protests organised on Saturday by JAAC demanding repeal of the oppressive ordinance and release of 14 of its detained activists by 11AM.
Widespread protests that paralysed the entire PoJK and showed Islamabad the mirror. According to media reports, the contentious ‘Peaceful Assembly and Public Order Ordinance 2024’ has now been revoked. However, given the deep sense of insecurity regarding PoJK that haunts Islamabad and more so Rawalpindi, it’s extremely unlikely that the people of PoJK would be allowed to exercise their democratic right to peacefully protest.
Hence, it’s quite likely that the army will use every trick in the book and further intensify its campaign to smear JAAC using its pet strategy of portraying it as an anti-national organisation fomenting sedition in PoJK at the behest of New Delhi. How far Rawalpindi succeeds in demonising this civil society alliance and eroding its mass appeal will be evident next year when JAAC undertakes its long march to draw attention of the authorities towards the pathetic condition of PoJK residents.
Tailpiece: Those who feel the Government of Pakistan is solely responsible for the sorry state of affairs in PoJK and that Rawalpindi is being unnecessarily dragged into the PoJK imbroglio may like reflect on the observation made in 2006 by HRW’s Asia Director that “There is a façade of an elected local government, but the federal government in Islamabad, the army and the intelligence agencies control all aspects of political life in Azad Kashmir[PoJK].”