All about Pakistan Occupied Kashmir (PoK)

Pakistan-administered Kashmir Or Pakistan Occupied Kashmir.

Pakistan administered Kashmir refers to a disputed region between India and Pakistan in South Asia that is under the de facto administration of Pakistan. It borders the Pakistani Punjab and North-West Frontier provinces to the west, the Wakhan Corridor of Afghanistan to the north west, the Xinjiang Uyghur Autonomous Region of People's Republic of China to the north and Indian-administered Kashmir also referred as Indian occupied Kashmir to the east.

A part of this area of the former princely state of Kashmir, the trans-Karakoram tract was ceded to China and the remaining area was amalgamated into two regions Northern Areas and the Azad Kashmir. Both nations had a war in 1947 over the former kingdom. India refers to this region as Pakistan Occupied Kashmir (or PoK). Most international agencies such as the United Nations MSF and the Red Cross refer to this region as Pakistan administered Kashmir.

Indian and Pakistan positions

Indian position

Maharaja Hari Singh, King of the princely state of Jammu and Kashmir agreed to Governor-General Mountbatten's suggestion to sign the Instrument of Accession India demanded accession in return for assistance. After accession, India recovered part of the territory of the princely state of Jammu and Kashmir east of the present Line of Control from the tribal invaders. India claimed that the whole territory of the princely state of Jammu and Kashmir had become Indian Territory (India's official posture) due to the accession, it claims the whole region including Pakistan controlled Kashmir territory as its own. Pakistan has a different perspective on this interpretation.

Pakistan position

The Pakistan Declaration of 1933 had envisioned the princely state of Jammu and Kashmir as one of the "five Northern units of India" that were to form the new nation of Pakistan, on the basis of its Muslim majority. India has a different perspective on this interpretation. Pakistan never vacated the area it had invaded and occupied in 1947 as advised by United Nations Security Council Resolution 47 therefore India could never hold a plebiscite even though at that time it wanted to.

History

Kashmir in 1947

Main article: History of Kashmir

During the partition of British India into the Dominion of Pakistan and the Republic of India, the Princely states had the options of joining either India or Pakistan. The Maharaja of Kashmir however wanted independence.

In 1947 Tribesmen from North-West Frontier Province entered Kashmir to overthrow the unpopular Maharaja. The tribesmen were sent in but British General Douglas Gracey of Pakistani army refused to follow orders from Muhammad Ali Jinnah to attack Kashmir. The tribesmen were equipped with light tanks and were almost at the doorsteps of Srinagar before Indian army stopped them. Ostensibly they want to liberate their Kashmiri Muslim brothers, but their primary objective was riot and loot. In this they made no distinction between Hindus, Sikhs and Muslims"."The raiders advanced into Baramulla, the biggest commercial centre of the region with a population then of 11,000, until they were only an hour away from Srinagar." Unable to prevent the advance the Maharaja, on October 24, 1947, appealed for military assistance from the Government of India. The Indian Government argued that in order for assistance the state would have to accede to India.

According to the Indian embassy:

“ Whereupon the Maharaja signed the Instrument of Accession on October 26, 1947. A simultaneous appeal for assistance and for the state’s accession to the Indian Union was also made by Sheikh Abdullah, leader of the National Conference, and the undisputed leader of the people, who had for his views been imprisoned by the Maharaja’s government into September ’47 and released only under pressure of India’s Prime Minister. On receipt of the signed Instrument of Accession from the Maharaja, preparations were made to fly Indian troops to the State. The formal letter of acceptance of the Accession was signed by Lord Mountbatten on October 27 making Jammu and Kashmir an integral part of India even as Indian forces were airlifted to Srinagar.[citation needed] ”

Pakistan disputes this and according to the BBC

“ Recent research, from British sources, has indicated that Hari Singh did not reach Jammu until the evening of 26 October and that, due to poor flying conditions, V P Menon was unable to get to Jammu until the morning of 27 October , by which time Indian troops were already arriving in Srinagar. In order to support the thesis that the Maharaja acceded before Indian troops landed, Indian sources have now suggested that Hari Singh signed an Instrument of Accession before he left Srinagar but that it was not made public until later. This was because Hari Singh had not yet agreed to include the Kashmiri leader, Sheikh Abdullah, in his future government."

U.N.intervention

Jawaharlal Nehru, then Prime Minister of India asked the UN to intervene. The United Nations passed the United Nations Security Council Resolution 47 asking Pakistan to withdraw all its forces from Kashmir. This was to be followed by a plebscite to determine the wishes of people of the entire state of Kashmir. However the required withdrawal never happened. The area which remained under the control of Pakistan is called Pakistan-administered Kashmir.

Administered divisions

1947 To 1970

The whole area of Pakistan-administered Kashmir was administered as it was before independence.

Additionally, a part of Hunza-Gilgit called Raskam and the Shaksgam Valley of Baltistan region, ceded by Pakistan to the People's Republic of China in 1963 pending settlement of the dispute over Kashmir. This ceded area is also known as the Trans-Karakoram Tract.

Post 1970

Pakistan-administered Kashmir is administratively divided into two parts:

1. Azad Kashmir;

2. The Northern Areas, consisting of the regions of Gilgit and Baltistan. Gilgit was an agency leased by the Maharaja to British Government. Baltistan was western district of Ladakh province which was annexed by Pakistan in 1948. The area is part of the disputed Jammu and Kashmir region.

1980s

Since the Siachen conflict of 1984, India no longer considers the Siachen Glacier to be part of what it calls "Pakistan occupied Kashmir", Pakistan however believes the area to be occupied by India and would like a return to the pre-1984 situation

Aksai chin

Pakkistan administered Kashmir does not include Aksai Chin, the area of the former Princely state of Kashmir and Jammu that is under Chinese control since 1962.The cease-fire line that separates Jammu and Kashmir from the Aksai Chin is known as the Line of Actual Control (LAC).

Constitutional status

Elections were held to the 49-seat Legislative Assembly of Pakistan-Administered Kashmir on July 11 to the eighth Legislative Assembly since 1970 (seventh since 1974 when Pakistan granted the region a parliamentary system with adult franchise). "Azad" Kashmir is categorised as an "autonomous" region. But critics claim titles such as Prime Minister and President for the region's elected political leadership are misleading as candidates are required to sign an affidavit of allegiance to Kashmir's accession to Pakistan.

On September 14, 1994, the Supreme Court of Pakistan-administered Kashmir ruled that "the Northern areas are a part of J&K State but are not a part of Azad J&K as defined in the Interim Constitution Act 1974". The Northern Areas presently has no officially named status in Pakistan. Pakistan does not consider this area as a "province" of Pakistan or as a part of "Azad Kashmir". They are ruled directly from Islamabad through a Northern Areas Council. A chief executive (usually a retired Pakistani army officer), appointed by Islamabad is the local administrative head. This area presently has no representatives in both the Azad Kashmir Assembly and in Pakistan’s parliament. Northern Areas’ Legislative Council was created with a membership of 29(later increased to 32), but its powers are restricted. On May 11,2007 the NA’s chief executive, who also happens to be the Minister for Kashmir Affairs and Northern Areas Affairs, declared that the region had a right to be represented in the National Assembly. Others demand that it should be given the status of a province. The changes made in 1994 in the local bodies’ ordinance gave more representation to women and delegated some administrative and financial powers to the local administration. However, the people of the region do not enjoy fundamental rights, because it continues to be governed by the Legal Framework Order of 1994.

Political Unrest

As in Indian administered Kashmir there has been ongoing political unrest in Pakistan administered Kashmir. The Balawaristan National Front has stated its goal of seeking independence from Pakistan. Abdul Hamid Khan Chairman of Balawaristan National Front states that 'The Pakistani administration has also been involved in efforts to alter the demographic profile of Pakistan-occupied Gilgit Baltistan, reducing the indigenous people to a minority.' The Gilgit-Baltistan area is administered directly by Islamabad. The population here, primarily Shi'ite Muslims, was brought under one federally administered territory administered by Pakistan on November 16, 1947, in the name of Islam.' Other groups like Gilgit-Baltistan United Movement are demanding full autonomy for the areas of Gilgit and Baltistan. On January 8, 2005 11 people were killed following an armed attack on a Shia leader. According to B.Raman of India, the main reasons for the unrest were military induced changes in demographic composition by encouraging the migration of Sunnis from the other provinces. As a result, the Shias and the Ismailis, who constituted about 85 per cent of the population in 1948, today constitute only about 53 per cent of the population. A 2008 report by United Nations High Commissioner for Refugees determined that Pakistan administered Kashmir was 'Not Free'.

In May 2006 students from Gilgit-Baltistan demanded reserved seats in elite educational institutions in India because India considers all of Kashmir a part of India.