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Dr Syed Nazir Gilani

Dr Syed Nazir Gilani

<em>The writer is the President of JKCHR — NGO in Special Consultative Status with the United Nations. He is on UN Register as an Expert in Peace Keeping, Humanitarian Operations and Election Monitoring Missions. He is a senior advocate of the Supreme Court. Author could be reached at [email protected]</em>

Corruption and accountability in Azad Kashmir

Published on: June 16, 2019 10:44 PM

June 16, 2019 by Dr Syed Nazir Gilani

Pakistan, Azad Kashmir and Indian administered Kashmir are part of a global habitat. Pakistan keeps a strong constituency and influence in these two territories. In 1960s, the 13 year old Islamic Republic of Pakistan was able to give a long-term development loan to West Germany. Circumstances have changed and Pakistan is faced with the demon of corruption. Institutions in Pakistan and the nation as a whole, seem to be struggling hard to find the ‘devil in his den’. All eyes are fixed on the National Accountability Bureau and various elements in the State.

Pakistan is not alone in this fight. It has been agreed that communities and countries have to fight corruption to protect democracy, the rule of law, sustainable development and, consequently, human rights. On October 31, 2003, the United Nations General Assembly adopted Resolution 58/4 as an instrument against Corruption. Most of the member states are parties to the Convention.

We all know what is happening in Indian administered Kashmir. It adds to the importance of knowing what is happening in Azad Kashmir, a government constituted under the UNCIP Resolutions in partnership with the Government of Pakistan.

The Government of Pakistan is overloaded with its problems and community in Azad Kashmir has not graduated into ‘vigilant citizens’ to exercise their right to interfere and seek accountability of the Government. Although Azad Kashmir Government has succeeded to regain control over the use of its finances from Ministry of Kashmir Affairs and AJ&K Council and in many other areas, yet one does not have any clue what are its mechanics of supporting the political struggle in the Indian administered Kashmir.

The Azad Kashmir government needs to discharge itself on the question of corruption. It can’t afford to be non-transparent

It has to provide them medical and humanitarian relief and support NGOs that work in furtherance of the UNCIP mechanism on Kashmir. There is no transparency and it has encouraged corruption at various levels of administration. Corruption is rampant not only in the areas of development but work on the Kashmiri’s right of self-determination, has turned into an industry of interests.

The issue of corruption in Azad Kashmir has started attracting the attention of common man and the opinion makers. On June 13, 2019, Junaid Ansari and Raja Habib Ullah Khan co-hosted a programme on “Why the accountability process in AJK is slow” on Radio MF 101 Mirpur Azad Kashmir. Former president Raja Muhammad Zulqarnain Khan and former prime minister Barrister Sultan Mahmood Chaudhry were among the panellist. People phoned in to express their concerns.

We have a prime minister who inherits a direct experience of Kashmiri’s struggle against Maharaja Rule and a president who has remained in the Foreign Office for a long period. The prime minister needs to redo his narrative on Kashmir and understand it, as it has happened at the UN. It is not enough to say that people in Azad Kashmir are the first line of defence for Pakistan. He needs to defend Kashmir case according to the constitution of the Azad Kashmir Government under UNCIP Resolutions, Article 257 of the Constitution of Pakistan and the UN Resolutions on Kashmir.

Our president is vocal. He has remained associated with many regimes, including the Musharraf government, which came up with a 4 point formula and undermined the Kashmir cause, as never before. He is a trained diplomat and all diplomats are trained under strict conditions. In general diplomats unlike a politician do not have the luxury of freedom of choice. We need to admit that our president does carry a sack-load of regimental narratives in the back of his mind and a load of prejudices carried forward during the service. It has its own risks. So far our president has failed to convert his diplomatic experience into a master stroke in domestic politics. He may have mastered the art of handling an audience but handling the jurisprudence of Kashmir case, except the 30 second right of reply, has never been his brief. Diplomats learn to remain a step behind their boss.

The legitimacy of the Government of Azad Kashmir and the presence of the Government of Pakistan in Azad Kashmir, flows from the authority of UNCIP Resolutions. Therefore fight against corruption in Azad Kashmir, could be looked at a local, Pakistan and UN level.

The United Nations has a Convention against Corruption. Experts have established that:

1. Corruption and the enjoyment of human rights are closely correlated.

n Corruption affects in particular the poor, marginalized and vulnerable segments of society; it is not only a problem of criminal behaviour, but also and above all a structural issue.

n Integrity, transparency, accountability and participation, which are also key principles of good governance, are all wronged by corruption.

UN Human Rights Council at its 41st session will be considering the OHCHR workshop report on fight against corruption. Those of us who work against corruption in Azad Kashmir, Jammu and Kashmir or GB, (in particular those active on social media), need to understand the importance of addressing corruption to adequately protect democracy, the rule of law, sustainable development and, consequently, human rights. Every citizen needs to stand out against corruption in any manner he can. The work should involve to protect the victims of corruption and help them to be compensated.

United Nations Secretary-General Ban Ki-moon on International Anti-Corruption Day in December 2016 said, corruption is a “broad barrier” in the path to world’s achievement of the 2030 Agenda for Sustainable Development. “Corruption strangles people, communities and nations. It weakens education and health, undermines electoral processes and reinforces injustices by perverting criminal justice systems and the rule of law”.

Government in Azad Kashmir needs to discharge itself on the question of corruption. It can’t afford to be non-transparent and corrupt. The common vigilant citizen could seek a redress at the local, Pakistan and UN level. In the case of a reference being made to UN, Azad Kashmir Government would lose its face all around the world. Azad Kashmir Government needs to perform strictly in accordance with duties assumed under UNCIP Resolutions and need not invite egg on its face as was done by the Kashmir Centres in London, Brussels and Washington. We need to revisit, the failure of Kashmir Awareness Bureau in Delhi and the failure of three Kashmir Centres in London, Brussels and Washington.

The author is president of London-based Jammu and Kashmir Council for Human Rights – an NGO in special consultative status with the United Nations

Filed Under: Op-Ed

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