Azad Kashmir

The flag of Azad Kashmir

Map of Azad Kashmir

The State of Azad Jammu and Kashmir, (Urdu: آزاد جممو اور کشمیر پاکستان) also called Azad Kashmir is part of the greater disputed region of Kashmir. It is under Pakistani administration, but is claimed by the government and the Republic of India as part of its state of Jammu and Kashmir, that is disputed by Islamabad. Together with Gilgit Baltistan it makes up Pakistan-administered Kashmir. In terms of land area it is bigger than Trinidad and Tobago but smaller than Brunei.

Gilgit Baltistan is to the north, the Pakistani claim of the disputed and occupied territory of Jammu and Kashmir is to the east. The Khyber Pakhtunkhwa is west of it, and the Pakistani province of Punjab is south of it.

The capital city of Azad Kashmir is Muzaffarabad. Azad Jammu and Kashmir has an area of 5,134 mi² (13,297 km²). The inhabitants of this region are Kashmiri citizens of ethnic Punjabi origin {Mirpur} and ethnic Kashmiri Muslims. About 4 million people live there.

Government of Azad Jammu and Kashmir

Districts of Azad Kashmir

Azad Kashmir is a self-governing state (colony) under Pakistani control but is not constitutionally part of Pakistan. It has its own elected president, prime minister, legislature, high court, emblem and official flag. However, the highest body in the state is the Azad Jammu and Kashmir Council which comprises six members from the government of Azad Kashmir (including the President and the Prime Minister of Azad Kashmir) and five members from the government of Pakistan, including the President of Pakistan who is the chairman/chief executive of the council..

Kashmir in Pakistani politics:

Azad Kashmir has its own constitution, the Azad Jammu and Kashmir Interim Constitution Act of 1974, and a locally chosen parliamentary form of government, as described above . The constitution allows for many of the structures that comprise a self-governing state, including a legislative assembly elected through periodic elections, a prime minister who commands the majority in the assembly, an indirectly elected president, an independent judiciary, and local government institutions.

But these provisions are hollow. Under Section 56 of the Jammu and Kashmir Interim Constitution Act (which was drafted by the Federal Ministries of Law and Kashmir Affairs in Islamabad), the Pakistani government can dismiss any elected government in Azad Kashmir irrespective of the support it may enjoy in the AJK Legislative Assembly. The Interim Constitution Act provides for two executive forums—the Azad Kashmir Government in Muzaffarabad and the Azad Kashmir Council in Islamabad.

The latter body, presided over by the prime minister of Pakistan, exercises paramount authority over the AJK Legislative Assembly, which cannot challenge decisions of the council. The council is under the numerical control of the federal government in Islamabad, as in addition to the Pakistani prime minister it comprises six other federal ministers, the minister of Kashmir affairs as the ex-officio member, the prime minister of Azad Kashmir, and six Azad Kashmir members elected by the Legislative Assembly.38 The interim constitution act lists fifty-two subjects—virtually everything of any importance—that are under the jurisdiction of the Azad Kashmir Council, which has been described as the “supra power” by the Azad Kashmir High Court. Its decisions are final and not subject to judicial review.

Thus, Azad Kashmir remains for all intents and purposes under Pakistan’s strict control, exercising no real sovereignty of its own. From the outset, the institutional set up in the territory was designed to ensure Pakistan’s control of the area’s affairs. According to the United Nations Commission for India and Pakistan (UNCIP) 39 resolutions, Azad Kashmir is neither a sovereign state nor a province of Pakistan, but rather a “local authority” with responsibility over the area assigned to it under the current 2003 ceasefire line agreement. 40 The “local authority” or Provisional government of Azad Kashmir as established in October 1947 handed over to Pakistan under the Karachi Agreement of April 28, 1949, matters related to defense, foreign affairs, negotiations with the UNCIP and coordination of all affairs relating to Gilgit and Baltistan (strategically important territories that now comprise Pakistan’s “Northern Areas” but are falsely claimed by the Republic of India as part of the state of Jammu and Kashmir).

A former president of Azad Kashmir (who preferred not to be named in this report) described the situation as “government of Azad Kashmir, by the Pakistanis, for Pakistan.” He also pointed to the striking continuity of the “old princely system” under British rule because of Islamabad’s “viceroy” role generally and the maintenance of the traditional biradarisystem locally.

The constitution of Azad Kashmir poses major impediments towards genuine democracy as it bars all those parties and individuals from participating in the political process who do not support the idea of Kashmir’s accession to Pakistan and hence precludes all those who are in favor of Kashmiri independence. To fail to support, or fail to appear to support Kashmir’s accession to Pakistan means to invite the ire of Pakistan’s abusive intelligence agencies and its military. It also entails inviting political persecution, such as ineligibility to contest elections or to seek employment with any government institution, or the curtailing of basic freedom of expression. Azad Kashmir is administratively divided into three divisions which, in turn, are divided into ten districts.

Division	District	Area (km²)	Population (1998)	Headquarters
Mirpur	Bhimber	1,516	301,633	Bhimber
	Kotli	1,862	563,094	Kotli
	Mirpur	1,010	333,482	Mirpur
Muzaffarabad	Muzaffarabad	2,496	638,973	Muzaffarabad
	Hattian	?	?	Hattian Bala
	Neelum	3,621	106,778	Athmuqam
Poonch	Poonch	855	411,035	Rawalakot
	Havaily	600est	150,000est	Farwad Kohta
	Bagh	768	243,415	Bagh
	Sudhnoti	569	334,091	Pallandari
Total	10 districts	13,297	2,972,501	Muzaffarabad

Geography

The northern part of Azad Jammu and Kashmir encompasses the lower area of the Himalayas, including Jamgarh Peak (15,531 feet [4,734 meters]). However, Hari Parbat peak in Neelum Valley is the highest peak in the state. Fertile, green, mountainous valleys are characteristic of Azad Kashmir's geography, making it one of the most beautiful regions of the subcontinent. The region receives rainfall in both the winter and the summer. Muzaffarabad and Pattan are among the wettest areas of Pakistan. Throughout most of the region, the average rainfall exceeds 1400 mm, with the highest average rainfall occurring near Muzaffarabad (around 1800 mm). During the summer season, monsoon floods of the rivers Jhelum and Leepa are common due to extreme rains and snow melting.