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Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: PAK31088 Country: Pakistan Date: 29 January 2007 Keywords: Pakistan – Kashmir – JKLL This response was prepared by the Country Research Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Questions 1. Is there any recent specific information on the Jammu and Kashmir Liberation League indicating its current structure, aims, activities, leaders and treatment of its members by the Azad Kashmiri and Pakistani authorities? 2. Is there any information as to how Pakistani authorities treat persons who support an independent Kashmiri state? 3. It is not clear to me whether the ISI is engaged in suppressing pro independence views in the Kashmir area and surrounds, or throughout the whole of Pakistan. Is there anything which suggests that their interest is local, or wider? Is there a large Kashmiri community outside the Kashmir area? Response 1. Is there any recent specific information on the Jammu and Kashmir Liberation League indicating its current structure, aims, activities, leaders and treatment of its members by the Azad Kashmiri and Pakistani authorities? Information on the Jammu and Kashmir Liberation League (JKLL or the League) follows below. An overview of the 1999 information provided by the Research Directorate of the Immigration and Refugee Board (IRB) of Canada appears first, discussed in terms of the historical context and sources of the information provided (see The 1999 Canadian IRB Reports) along with an overview of the recent September 2006 Human Rights Watch (HRW) report (see The September 2006 HRW Report). This is then followed by an overview of the available information in regard to: Reports on the mistreatment of the JKLL; Reports on the inclusion of the JKLL in the political process; Reports on the exclusion of the JKLL from the political process; and Information on JKLL Leaders. The 1999 Canadian IRB Reports As is noted in the background to this response, the Research Directorate of the Immigration and Refugee Board of Canada produced two reports on the Jammu and Kashmir Liberation League in 1999. The most recent was published on 26 October 1999 and was sourced from the Kashmir Information Centre in Islamabad, Pakistan, and from the Executive Director of the Institute of Policy Studies (IPS) in Islamabad via the Kashmiri-Canadian Council (KCC) in Toronto. The KCC information reported that the JKLL maintained a pro-choice position on the issue of whether the people of the Kashmir should decide “whether they want to accede with Pakistan or India or remain independent”. The KCC reported that the JKLL were once an important political party but had become a diminished player (the KCC’s information on the movement of former JKLL members to the Pakistan People’s Party (PPP) and the JKLL’s relationship with the then governing cabinet is vague in content). Like the KCC, the IPS also reported that the status of the JKLL had diminished. The IPS provided a rather different view of the JKLL’s political position, stating that: “As regards to the struggle in Kashmir it supports the view of an independent Kashmir”. Nonetheless, the IPS also reported that the JKLL was “generally not very vocal against Pakistan like JKLF [Jammu Kashmir Liberation Front]”; adding that: “since the party observes the country’s law there is no pressure of any kind on the party from either AJK or Pakistan government”. It seems likely that these comments refer to the JKLL’s situation under Nawaz Sharif’s Pakistan Muslim League (PML-N) (at the time of the report’s publication the Nawaz Sharif government had just been overthrown by General Pervez Musharraf’s coup of 12 October 1999). The extracts follow: The following information on the Jammu Kashmir Liberation League (JKLL) was forwarded to the Research Directorate on 19 October 1999 by the Kashmiri-Canadian Council (KCC) in Toronto, which received information on the JKLL from the Kashmir Information Centre in Islamabad, Pakistan, and from the Executive Director of the Institute of Policy Studies in Islamabad. The Kashmir Information Centre in Islamabad stated that: 1. Once Jammu & Kashmir Liberation League was a prominent political organisation in Azad Jammu & Kashmir, now become the history of past with no vital role in current freedom struggle of Jammu & Kashmir. Its founder president was a Kashmiri migrant from Indian Held-Kashmir namely K.H.Khurshid who was Kashmiri speaking and secretary of Quaid-e- Azam Mohammad Ali Jinnah. He was a popular leader and first elected president of Azad Jammu & Kashmir. But after his accidental death the party diminished day by day and came to the position that once ruling and reigning party cannot succeed even in a single constituency in the recent elections in which Pakistan Peoples Party came into power. 2. There is no base of Jammu & Kashmir Liberation League in Indian Held-Kashmir and it has nil participation in current Movement. 3. The main ideology of their organisation is that the government of Azad Kashmir should be accepted as an independent government and representative of whole state. In addition to this, their motto is that the people of Kashmir should be given their basic right to decide their future accordingly to their own choice in free and fair atmosphere. It is the choice of the people what they want, whether they want to accede with Pakistan or India or remain independent. 4. Prime Minister of Azad Jammu & Kashmir was once the member and president of Jammu & Kashmir Liberation League. But today he is the president of PPP and there are many ministers in his cabinet who were once the members of Liberation League e.g. Kh. Farooq Ahmed. The current set-up of Jammu & Kashmir Liberation League is as follows: President – Retired Chief Justice Abdul Majid Malik is the president of the party. He is the usual visitor of European countries, collecting funds in the name of movement but doing nothing in the practical field of struggle. He is from Mirpur Azad Kashmir. Senior Vice President – Mr. Maroof Akhter Abbasi is the Vice-President of Jammu & Kashmir Liberation League. He is cousin of president of Jammu & Kashmir Muslim Conference Sardar Abdul Qayum Khan. Secretary-General – Mr. Misfer Hussain is the Secretary-General of Jammu & Kashmir Liberation League. He is running his clinic at Rawalpindi and always trying to arrange programs for the projection of a bureaucratic leader Justice Majid Malik but in vein. There are many other posts/departments of the organisation as Assistant Secretary General, Secretary Finance, Secretary Information etc.. 5. Membership procedure – they are always in search of members especially of those members, which can raise funds for them at international level. The following information on the JKLL was provided by the Executive Director of the Institute of Policy Studies in Islamabad: Jammu and Kashmir Liberation League was established in 1962 by well-known Kashmiri leader K H Khurshid. It emerged as the 2nd largest party in Azad Kashmir in 1970 elections. As regards to the struggle in Kashmir it supports the view of an independent Kashmir. However generally not very vocal against Pakistan like JKLF. The party is active throughout Azad Kashmir but to the best of our knowledge it has no presence in Indian-occupied Kashmir. After the demise of party’s founder president K H Khurshid the party has lost the support it used to have among the masses. Presently Justice Abdul Majid Malik (former chief justice AJK Supreme Court) is heading the party. In the last elections held in 1996, party lost on all the seats it contested. However since the party observes the country’s law there is no pressure of any kind on the party from either AJK or Pakistan government. Anyone, by simply filling a form can become a member of the party. The party does not issue cards to its members (Immigration and Refugee Board of Canada 1999, PAK33127.E – Pakistan: Follow-up to PAK32735.E of 24 September 1999 on the Jammu Kashmir Liberation League (JKLL), including its structure, mandate and activities, leaders, current status, and treatment of its members by the Azad Kashmiri and Pakistani authorities (1994 to September 1999), 26 October – Attachment 32). A note on the IRB’s sources: Available information suggests that the Kashmir Information Centre is a pro-accession organisation which is headed up by Abdur Rashid Turabi, the “former head of Jamaat-e-Islami AJK”. Available information on the Institute of Policy Studies in Islamabad suggests that it is an independent research agency whose views are respected by independent publications like The Christian Science Monitor (for information on the Kashmir Information Centre, see: ‘Kashmir Information Center (An Introduction)’ (undated), Kashmir Information website, sourced from: Internet Archive (12 April 2005) http://web.archive.org/web/20031212133654/www.kic.org.pk/about.htm – Accessed 23 January 2007 – Attachment 28; Turabi, A.R. 2005, ‘Kashmir issue’, The Nation website, 1 January http://www.nation.com.pk/daily/jan-2005/1/columns5.php – Accessed 22 January 2007 – Attachment 27; ‘Kashmir Information Center (An Introduction)’ (undated), Kashmir Information website, sourced from: Internet Archive (12 April 2005) http://web.archive.org/web/20031212133654/www.kic.org.pk/about.htm – Accessed – 23 January 2007 – Attachment 29; ‘Introduction’ (undated), Institute of Policy Studies website http://www.ips.org.pk/ – Accessed 22 January 2007 – Attachment 30; Montero, D. 2006, ‘In Pakistan, the delicate dance of a key US ally’, Christian Science Monitor, 26 September http://www.csmonitor.com/2006/0926/p01s02-wosc.html – Accessed 22 January 2007 – Attachment 31).
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