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Immigration and Refugee Board of Canada Responses to Information Requests - Immigration and Refugee Board of Canada Canada.ca Services Departments Français Immigration and Refugee Board of Canada Refugee Claims Refugee Appeals Admissibility Hearings Detention Reviews HomeImmigrationResearch Appeals Program Responses to Information Requests National Responses to Information Requests Documentation Packages Recent Research Responses to Information Requests (RIR) respond to focused Requests for Information that are submitted to the Research Directorate in the course of the Responses to refugee protection determination process. The database contains a seven-year Information Requests archive of English and French RIRs. Earlier RIRs may be found on the UNHCR's Refworld website. Please note that some RIRs have attachments which are not electronically accessible. To obtain a PDF copy of an RIR attachment, please email the Knowledge and Information Management Unit. 12 July 2016 PAK105578.E Pakistan: The Jammu Kashmir Liberation Front (JKLF), including its objectives, leaders, and affiliations; treatment by authorities and society; situation near the Line of Control (2012 - July 2016) Research Directorate, Immigration and Refugee Board of Canada, Ottawa 1. Division of Kashmir Sources indicate that the Pakistan-controlled areas of Kashmir include Gilgit- Baltistan [formerly the Northern territories] and Azad Jammu Kashmir (AJK) [Azad Kashmir or Pakistan-occupied Kashmir] (EU Aug. 2015, 65; Hindustan Times 9 Feb. 2016). According to an article written by Musarat Javed Cheema, an assistant professor at the Centre for South Asian Studies at the University of the Punjab in Lahore, Pakistan, approximately 35 percent of the former British territory of Kashmir is in Pakistan, while 45 percent is in India and 20 percent is in China (Cheema 30 June 2015). Sources indicate that both India and Pakistan claim Kashmir and have fought two wars over the territory (ibid.; Xinhua 11 July 2014). Cheema explains that Pakistan views the sovereignty of Kashmir as "an unfinished agenda of the division of India in 1947," as the region was the only Muslim- majority territory not given to Pakistan (Cheema 30 June 2015). According to the same source, the AJK technically has its own president and prime minister, but is controlled by Pakistan's Federal Ministry of Kashmir Affairs (ibid.). 2. JKLF 2.1 Structure, Leaders and Affiliations Sources report that the JKLF was founded by Amanullah Khan in 1977 (BBC 1 Aug. 2012; Dawn 27 Apr. 2016; SATP n.d.) in the UK (ibid.; Dawn 27 Apr. http://www.irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=456603&pls=1[2/6/2017 2:32:54 PM] Responses to Information Requests - Immigration and Refugee Board of Canada 2016). Sources further indicate that there were two branches of the JKLF, one headed by Amanullah Khan and the other by Yasin Malik (ibid.; SATP n.d.). According to the Indo-Asian News Service (IANS), an Indian news agency, during the 1980s, the JKLF was an "armed separatist movement" that provided military training to youth in Pakistan-administered Kashmir (IANS 26 Apr. 2016). Malik reportedly denounced the use of violence in 1994 (ISSI 30 Sept. 2012) or 1995 (Dawn 27 Apr. 2016) and split from Khan in 1995 (ibid.; SATP n.d.). Malik is based in India-held Kashmir (Dawn 27 Apr. 2016), while Khan lived in Pakistan (IANS 26 Apr. 2016). According to the Pakistani newspaper Dawn, the two factions reunited in 2012 (Dawn 27 Apr. 2016). Khan died in April 2016 (ibid.; IANS 26 Apr. 2016). Sources indicate that the Malik faction of the JKLF is part of the All Parties Hurriyat Conference (APHC) (SATP n.d.; PHW 2015, 650; ISSI 30 Sept. 2012), a "pro-freedom political alliance" (ibid.). According to the Political Handbook of the World (PHW), APHC was founded in 1993 as a coalition of 26 political groups, has offices in India, Kashmir, and Pakistan, and aims to end "the division of the 'occupied territories' through peaceful means, including civil disobedience and protests" (PHW 2015, 650). 2.2 Aims and Ideology The BBC describes the JKLF as "a nationalist secular group that has sought the independence of Kashmir from both India and Pakistan" (BBC 1 Aug. 2012). The Kashmir Observer similarly indicates that JKLF's goal is Kashmiri independence, as the territory that existed prior to 1947, and not a merger of Kashmir with Pakistan (Kashmir Observer 23 Mar. 2016). According to the JKLF's website, among their aims and objectives is [t]o struggle against foreign occupation, gain independence and attain an honourable position amongst free nations of the world. Struggle to establish a political and social infrastructure based on the values of democracy, public welfare and social justice in the country. (JKLF n.d.) Concerning the Pakistan-administered territories of Kashmir, the JKLF states that one of their aims is: Pending the final settlement, … to merge Gilgit/Baltistan territories with Azad- Kashmir and to establish therein a democratic representative government with full powers to serve as a base-camp in accordance with the objectives of the Provisional Azad (Free) Government established on 4th October 1947. (ibid.) Media sources report that JKLF leaders have spoken against plans for Gilgit- Baltistan to become a province of Pakistan (Hindustan Times 9 Feb. 2016; Dawn 27 Apr. 2016). 2.3 Support and Areas of Operation According to the India-based South Asia Terrorism Portal (SATP), the JKLF is "reportedly supported by expatriates of the Mirpur community that belongs to Pakistan Occupied Kashmir" (SATP n.d.). In correspondence with the Research Directorate, a research analyst with the Islamabad-based Pak Institute for Peace Studies (PIPS), a non-governmental think tank that "conducts wide-ranging research and analysis of political, social and religious conflicts" within Pakistan and internationally (PIPS n.d.), stated that JKLF activities are limited to Kashmir and are focused on the rights of Kashmiri people; they also "have more political objectives than militant ones" (ibid. 5 July 2016). According to Cheema, pro-Kashmiri groups in general "are not too extreme against Pakistan" (Cheema 30 June 2015). 3. Treatment by Authorities, Militant Groups and Society http://www.irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=456603&pls=1[2/6/2017 2:32:54 PM] Responses to Information Requests - Immigration and Refugee Board of Canada According to the Kashmir Observer, Pakistan initially armed and sheltered the JKLF (Kashmir Observer 23 Mar. 2016). The BBC cites Khan as stating that the JKLF was initially supported by Pakistani authorities, but that after the insurgency began in 1988, Pakistan withdrew its support and instead supported groups that advocated for Kashmir's accession to Pakistan (BBC 1 Aug. 2012). According to a report by the Center for Strategic and International Studies (CSIS) entitled Religion and Militancy in Pakistan and Afghanistan, the Hizb-ul- Mujahideen (HM), one of the largest Kashmiri militant groups, is believed to have been formed by Pakistan's Inter-Services Intelligence (ISI) "to limit the growing influence" of the JKLF (CSIS June 2012, 30). The Jamestown Foundation reports that the JKLF became "marginalized" in Pakistan by "Kashmiri pro-Pakistan groups like the Hizbul Mujahideen (HM), which soon gave way to Pakistani terror outfits such as Lashkar-e-Taiba (LeT) and the Jaish-e-Mohammed" (Jamestown Foundation 15 Apr. 2016). The BBC states that the JKLF found itself sandwiched between Indian security forces and pro-Pakistan militants. By 1990, much of its cadres had either been dispersed, destroyed or absorbed into other groups. Its leadership also split into factions, some of them renouncing militancy. (BBC 1 Aug. 2012) The BBC further indicates that, according to the JKLF, Pro-Pakistan groups such as Hizbul Mujahideen, Lashkar-e-Taiba, and Harkatul Mujahideen, "not only fought Indians but also persecuted JKLF activists" (ibid. 28 Sept. 2010). Human Rights Watch reported in 2006 that "[a]s the ISI-backed militant groups gained strength and dominance, Kashmiri nationalist militants left the JKLF-led nationalist movement or were sidelined and eventually began to be persecuted by the authorities and their proxies" (Human Rights Watch Sept. 2006, 20). The 2006 Human Rights Watch Report indicates that political groups that do not support Kashmir's accession to Pakistan, such as the JKLF, are not allowed to contest elections in Pakistan (ibid., 41). The same source states that the JKLF tried to participate in the 2001 elections to the AJK Legislative Assembly, but were subjected to "arbitrary arrest often accompanied by ill-treatment," including being beaten with batons, denied access to family while in detention, and jailed with criminals (ibid., 41, 42). According to interviewees who spoke with Human Rights Watch, protesters who demonstrated for the JKLF candidates' release were also arrested, as well as all JKLF candidates across AJK for announcing a boycott of the elections (ibid., 43, 45). The same report states that the JKLF was also barred from the 2006 elections in AJK and, according to Khan, they were "'threatened with beatings and arrests'" for attempting to field over 30 candidates in the election; such threats reportedly did not lead to actions (ibid., 49-50). Amnesty International (AI) reported in February 2006 that Khan was arrested and detained, along with other protesters, for peacefully demonstrating against the building of a dam in the Gilgit region (AI 16 Feb. 2006). The same source expressed concern that Khan was being denied adequate medical care while in detention (ibid.). Information on specific cases of arrests or detention of JKLF members in Pakistan between 2012 and 2016 could not be found among the sources consulted by the Research Directorate within the time constraints of this Response 4. Situation near the Line of Control Sources indicate that there was a ceasefire agreement between Pakistan and India in 2003 (Pakistan Observer 17 Aug. 2013; ISSI 30 Sept.
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