Daily Times

The Pakistan Muslim League-Nawaz (PML-N) under the leadership of Raja Farooq Haider got a heavy mandate in the elections held on July 21, 2016 in Azad Jammu and Kashmir (AJK). The challenges the newly elected Prime Minister Raja Farooq is going to face ranges from much-awaited constitutional reforms to implementing his party manifesto, which emphasised on promotion of good governance practices in AJK. Here, I suggest a 10-point agenda for Raja Farooq Haider that he should consider during his tenure for building a genuine democratic structure in AJK.

Constitutional reforms: repealing Interim Act 1974: Contemporary scholars agree that for building a democratic governance structure in territories with a disputed status a genuine autonomy is sine qua non. The prevalent Interim Act 1974 of AJK neither provides genuine autonomy to this disputed territory nor does it capture the letter and spirit of the UNCIP mechanism. Therefore, granting genuine autonomy to AJK is the need of the hour and long overdue. However, it requires a new social contract between AJK and government of Pakistan. Through a joint-sitting of the AJK Assembly and the Council, the prevailing Interim Act 1974 should be replaced with a new Act, namely the Interim Act of Self-Government of Azad Jammu and Kashmir. Through the proposed Act all powers currently enjoyed by the AJK Council should be reverted back to the legislative assembly of AJK. It will empower AJK’s governmental structure and authority, transforming it into an autonomous government regarding all internal governing affairs in the territory of AJK.

Decentralisation of powers: It is proven by many studies that decentralisation of powers is an indispensable quality of any functioning democracy. Decentralising power from top to bottom means more citizen participation in governing affairs, which consequently strengthens the democratic voice and ownership at the grassroots level. In the context of AJK, there have been no local body elections since 1994, which resulted in poor citizen participation and fragility of governance processes. Political, administrative and economic responsibilities should be decentralised by conducting local body elections at the internal level in AJK. This will help to establish a local governance structure, and ultimately empower people of AJK.

Refugee seats in AJK Assembly: History has repeatedly proved that elections for 12 refugee seats based in Pakistan are always manipulated by respective provincial and federal governments. These seats are being used as a “bargaining chip” with negative repercussions on AJK’s governance. Political parties do not talk about the negative impact of refugee seats for fear of it being labelled as an anti-Kashmir cause, but the point to ponder is that brushing things under the carpet does not help, and rather, it hurts. There are two ways to deal with this issue: remove refugee’s seats or to give them proportional representation in AJK assembly. In principle, these seats must be removed from the AJK assembly; however, for the time being if it is not possible, what should be done is to reduce seats up to 50 percent with proportional representation.

Establishment of an independent election commission: There should be an independent election commission consisting of three members from each divisions of AJK, nominated by the parliamentary committee from the legislative assembly of AJK. The proposed election commission must be free from political interference with complete financial autonomy.

Establishment of an independent accountability commission: The overwhelming majority of Kashmiris are not satisfied with the performance of the Ehtesab Bureau of AJK because it has evidently failed to deliver. Contemporary research shows that accountability and transparency are essential components of democratic governance. Therefore, the Ehtesab Bureau of AJK should be replaced with an independent and powerful accountability commission.

Open merit and National Testing Service: The prevalent quota system divided into districts and refugees is against the spirit of equality, and an insult to human intelligence. To provide equal opportunities, an open merit system should be adopted for residents of AJK. As far as the refugee quota is concerned, it needs to be understood that refugees settled in Pakistan also receive their share under respective provincial and federal governments; secondly, they do not pay taxes in AJK; and thirdly, the unemployment ratio among the educated youth of AJK is high, and given the lesser job availability in the private sector, the allocation of 25 percent quota for refugees is a clear injustice to the educated youth of AJK. The quota for the refugees settled in Pakistan should be removed. However, the post-1989 refugees settled in AJK should compete under an open merit system. All recruitments, other than the Public Service Commission, should be done on the patterns of the National Testing Service.

Right to Information: The Right to Information law is seen as a pillar of democracy and a hallmark in promotion of transparency and freedom of expression. Citizens of AJK should also have the right to know about allocation of funds on health, education and infrastructure, and how these funds are spent. This will help to promote good governance practices including transparency, accountability, and strengthening of democracy.

Right to Public Services: The Right to Public Service law should be introduced in AJK through a constitutional amendment to guarantee public service. A recent example can be taken from the much-applauded Right to Public Services Act of the Khyber Pakhtunkhwa province under which five basic services — obtaining fard (land document), domicile certificate, registration of birth/death, approval of building plans, and registration of cases in a police station — are being provided with time-bound delivery. By taking salient features from that act, the Right to Public Service commission should be established and modified according to the context of AJK.

Reforms in revenue department: The revenue and general administration department with current rules of business requires a thorough study to suggest significant reforms for delivery of more public-friendly and transparent services. Computerisation of land data project must be expanded in all districts of AJK. However, it must be remembered that unless the notorious patwari culture is not replaced with an effective and time-bound service delivery system equipped with transparency and accountability mechanism, it will not help to reduce the miseries of the ordinary people.

Police reforms: Azad Kashmir police is working under the Police Act of 1861 and the Police Rules of 1934, which have evidently failed to address the needs of today’s world. Therefore, these laws and rules need to be updated in line with the modern policing concepts. The police department should have administrative, operational and financial freedom subject to public scrutiny. There should be a professional public safety commission, and citizen policing should be introduced for effective service delivery. The reference can be taken from the much-appreciated Police Ordinance of 2016 of the Khyber Pakhtunkhwa province.

In the given backdrop, a reform commission should be established consisting of well-reputed technocrats, researchers and experts, with a responsibility to provide recommendations within a defined timeframe. The proposed commission should be protected by the constitutional umbrella to encounter the arduous task of much-needed reforms in AJK.

The writer is a peace researcher and a political and strategic analyst. He specialises in democratic governance and conflict resolution, and can be reached be contacted at jadee012@gmail.com