MEMORANDUM OF PROTEST
Kashmiries Campaign Against Pakistan's Defacto Annexation of Gilgit Baltistan (POGB)
To ,
The President of Pakistan Asif Ali Zardai
The Prime Minister of Pakistan Sayed Yousaf Raza Gilini
Via
Mr.Tariq Soomro Council General of Pakistan Bradford UK.
On the basis of under mentioned credible historical facts, the JAMMU KASHMIR NATIONAL INDEPENDENCE ALLIANCE UK (JKNIA UK) out rightly rejects Pakistani unconstitutional and colonial like aggression in Gilgit Baltistan via Empowerment and Self-Governance Order, 2009 and the recent fixed and rigged elections on 12th November 2009 in Pakistani Occupied Gilgit Baltistan POGB.
It is a historically established and recognised fact that Gilgit and Baltistan are an Integral Part of Princely State of Jammu Kashmir.
As per the credibility of 12th November 2009 elections in Gilgit Baltistan, the Pakistani opposition leader Chaudhary Nisar Ali Khan and government allied parties have challenged it in public and called the elections as fraud elections. While speaking on a point of order he said:
“the PPP had won but Pakistan and democracy had been defeated in Gilgit-Baltistan polls”
Government indulged in massive rigging in the elections, Government had made mockery of charter of democracy and people of Gilgit and Baltistan, he added. Baitul Mal was misused mercilessly during the polls, he charged. It is hypocrisy of Pakistani ruling elite.
In 21st century De facto Pakistani Province Gilgit Baltistan Empowerment and Self-governance, 2009 Act is passed over the dead body of right of self determination of Jammu Kashmir.
We demonstrate our serious reservations on imposed set up of Self-Governance Order, 2009 due to the following reasons:
· Acting Governor of GB is a MNA from Punjab;
· The PCO election commissioner are not complied with the State Subject Definition Notification 20th April, 1927;
· Bogus voter lists are used to manipulate the elctions;
· The leadership of Gigit Baltistan Democratic Alliance (GBDA), the only local political group decided to participate in elections were not allowed to do so;
· They were deported from Gilgit on 1st November 2009 on Government orders;
· Dozens of GBDA workers including candidates were arrested and sent behind the bars;
· Subsequently the GBDA was left with no option but to boycott the elections on 12th November 09.
In addition to the above mentioned malpractices, there exists a range of historical, legal and constitutional documents that have been clearly violated in OGB.
Defacto fifth province of Gilgit Baltistan is against the Article-257 Constitution of 1973 Islamic Republic of Pakistan and not acceptable for Kashmiri Diaspora. According to the Article-257 of the constitution
“When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and that State shall be determined in accordance with the wishes of the people of that State.”
The steps Govt. of Pakistan has taken in GB as De facto fifth province of Pakistan
are claimed to be proposed under Article 2(f) described territory of Pakistan but without the mandatory approval of Pakistani Parliament (Assembly and Senate) with two third majority.
The actions of Pakistan Government are also contrary to the United Nations Resolutions. According the UNCIP Resolution adopted on 13-8-1948 (members of the Commission included Argentina, Belgium, Columbia, Czechoslovakia and U.S.A)
PART III of the resolution reads:
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.
There are other historical and legal responsibilities that have been clearly violated including:
Kashmir-Pakistan Standstill Agreement on States Relations Department, Karachi
12th August, 1947.Legal Document No 110, 15th August 1947 and Legal Document No 111.
Even the notorious Karachi Agreement does not allow Pakistan to change the status of these areas of Jammu Kashmir and treat them as separate and away from Kashmir State.
JKNIA UK says no to the fraud elections on 12th November 2009 in POGB and strongly oppose to the moves towards making OGB the fifth De facto Pakistani province and we are committed to take our struggle in our own hands for an Independent, Secular and Unified state of Jammu Kashmir with the wishes, aspirations and free will of its state subjects. We believe that such resolution of Kashmir question guarantees the regional peace and security in South Asia.
JKNIA UK Alliance Member Organisations
1) Jammu Kashmir National Awami Party JKNAP UK
2) Jammu Kashmir National Liberation Front
3) JK Peoples National Party
4) Kashmir Freedom Movement
5) Jammu Kashmir Liberation Front (Y)
6) Jammu Kashmir Plebiscite Front
7) Kashmir Liberation Organisation
8) Association of British Kashmiries
JAMMU KASHMIR NATIONAL INDEPENDENCE ALLIANCE UK (JKNIA UK)
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