Centre for Peace, Development and Reforms (CPDR) AJKWe, the undersigned, call upon the respective governments of Pakistan and Azad Jammu and Kashmir (AJ&K) to take immediate steps to devolve and transfer the executive, legislative and financial powers of the Azad Jammu & Kashmir Council to AJ&K Legislative Assembly and the government of AJ&K to establish its character as a responsive, representative, accountable and participatory democracy.
The Council enjoys unfettered jurisdiction and executive power over 52 subjects consequently hampering and impeding the elected government's ability in decision making in key areas such as economic development, revenue generation, tourism, finance, public policy, socio-political development, hydropower generation, telecommunication etc. which runs contrary to the spirit and ideals of democratic norms & governance.
In recent years, a new impetus for the reappraisal of the relationship has emerged on the basis of constitutional amendments in Pakistan, which have ensured provincial autonomy, empowered people and resulted in more inclusive governance. Under the18th amendment, proprietorship of natural resources like oil & gas mineral & water resources has been delegated to the provinces, which has a significant impact on the socio economic development and prosperity of the provinces.
More specifically, the structural flaws of governance and imbalance of power is profound as a result of which the Minister for Kashmir and Gilgit-Baltistan Affairs runs the entire show and all major policy decisions are routed through the Prime Minister of Pakistan’s Secretariat in Islamabad. This lopsided relationship has resulted in unaccountable and nondemocratic mechanisms since the Prime Minister who is Chairman of the Council is not bound to follow the advice of the elected AJ&K government, so as the members of Council. It is the Prime Minister’s Secretariat, which exercises control over AJ&K’s administration, including its economic affairs. At the same time, it appoints all the judges of the AJ&K High Court and Supreme Court, and the Chief Election Commissioner.
It is also pertinent to note that AJ&K has no representation in key federal decision-making forums such as the National Finance Commission (NFC) and the Indus River System Authority (ISIRSA). AJ&K has no alternative but to comply with the decisions taken outside, dictating lives of the citizens of AJK.
Due to continuous demand of civil society the AJ&K government constituted an intra-parliamentary committee in 2012 to suggest necessary amendments to the Interim Constitution Act 1974. However, the report of this Committee is yet to be made public, leaving the issue unattended which has hampered the efforts for an efficient and participatory democracy in AJ&K.
The People of AJ&K demand that it should be followed up with an informed debate on the recommendations of the report by involving all stakeholders, including the civil society, media, youth, women and the business community before putting it to the Assembly for legislation.
Email for contact:
cpdrajk@gmail.com
