My submissions are as under: In 2010 the 18th Constitutional Amendment on Federation-Provinces Relations legislative and administrative responsibilities of the provinces in Pakistan, enables civil society of AJK to speak and proposed amendment’s in the AJK interim Act 0f 1974.Various NGO`S come forward and suggest their amendment’s to the AJK act 1974.
AJK interim Act 1974, is a Pakistan`s colonial design for the people of Azad Kashmir (POK) to deprive them from the their fundamental rights and resources. The scope and aim of the Act is to protect the defacto occupational interests of military and civil establishment of Pakistan. The main aim of this legal frame work is to well control to the indigenous thoughts and struggle which represent the real interests of the people for their demand of national independence from Pakistan.
The Kashmir council, ministry of Kashmir affairs to force the people of Azad Kashmir to believing Kashmir state accession to Pakistan, It is a crime if any Kashmir speaks, write against the occupied military of Pakistan and its agencies. These agencies are so powerful and above the preventive law in AJK.
There is very low chances that people will empower through the amendments in AJK interim act 1974.Beacuse its design to support the Pakistan military occupation in AJK.There is no way to make military establishment accountable via this act AJK judiciary and the legislature prove that they are the subservient of the GCO Muree and Islamabad. If we check progress of prosperity of life in AJK then its fail to prove that its progress is improving in any field of daily life. Injustice, corruption, unemployment, health, merit etc,its fail to achieve any substantial progress. The budget amount of AJK (nearly 56 Arab in Pak Rupee) is les then the amount spending CDA Islamabad Pakistan, the population of AJK is less than the Rawalpindi division of Pakistan. So the indigenous people those are standing to liberate the AJK,GB out rightly rejected the Act 1974.They want liberation (Azadi) and withdrawal of Pakistan army (weapons) from the territory of Kashmir .So there is no chance to enhance and propose any amendments which empower and protect the fundamental rights of the state subject holders of Kashmir .
Because Pakistan is an author of this defacto document since 1966 to 2012.The various articles in Act 1974 are contrary to the fundamental human rights. As an estimate Government of Pakistan (WAPDA) owes around 255 billion rupees of profit of Mangla Dam to AJK since 1966. To understand the jurisprudence of the unlimited freedom of civil liberties and how people defend and protect their indigenous national and international fundamental rights.
LAWS ENACTED BY THE GOVERNMENT OF AJ&K
1 1966 The AJ&K Grant of Khalsa Wastc Land as Shamlat Deh Act, 1966. (Act I of 1966)
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2009 The AJ&K Mangla Dam Housing Authority Act, 2009 (Act I of 2009)
2-Kashmiris are not a part of any UN resolutions and any bilateral Shimla Agreement which turn Kashmir a bilateral territorial dispute between India and Pakistan. Around 28 UN resolutions including the Shimla Agreement 2 July 1972 (between Z.A Bhutto and Indra Gandhi)and Elan-E-Lahore in 1992 (between A.B.Bajpi and Nwaz Sharief).India Pakistan are free to decide regarding Kashmiris in the name of regional peace and security.
3--The amendments (1-20) in the constitution of Pakistan were taken place during the struggle of the people of Pakistan past sixty years many lost their precious life during this struggle for the rule of law. Articles from 8-28 in the constitution of 1973 of Islamic republic of Pakistan cover the human rights. Where is any safeguard in AJK for the protection of fundamental rights?
4- Reaching up to the 18th - 20th amendments there was a Charter of Democracy on February 21, 2010 The 36 points Charter of Democracy signed by Benazir Bhutto(late) and Nawaz Sharif on May 14, 2006 in London UK. Remember Gen. Musharaf forced exile both former Prime ministers of Pakistan Benazir Bhutto and Nawaz Sharif (Now the prime minister of Pakistan)
5-Magna Carta also called Magna Carta Libertatum or The Great Charter of the Liberties of England, originally issued in Latin on 15 June 1215.
6- THE UN GENERAL ASSEMBLY PROCLAIMS THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS
On 10 December 1948 as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
7-The European Convention on Human Rights
The Governments signatory hereto, being Members of the Council of Europe,
Considering the UNIVERSAL DECLARATION OF HUMAN RIGHTS proclaimed by the General Assembly of the United Nations on 10 December 1948.
COUNCIL OF EUROPE, the European Convention on Human Rights
ROME 4 November 1950,
And its Five Protocols,
PARIS 20 March 1952,
STRASBOURG 6 May 1963,
STRASBOURG 6 May 1963,
STRASBOURG 16 September 1963,
STRASBOURG 20 January 1966.
To adopt and enhance a broader concept of human rights and accepting the fundamental right of independence and Kashmiris control of their own affairs and quash the status quo which maintain by the Pakistan and India and their proxies , subservient in all parts of divided occupied Kashmir .To accept the fundamental right to live as an independent country side by side with their neighbors peacefully without the presences of military and nuclear weapons .To subscribe broader approach is in a larger interest of Pakistan, India , Kashmir and the world at large. People of the region need a food, shelter, health and basic necessities of life. United, Independent, and socialist Kashmir is a best alternative solution for Kashmiris.
