JAAC Narrative – Reservations on Certain Positions

Memorandum – Addressing Misconceptions in the Joint Awami JAAC Narrative – Reservations on Certain Positions

JKCHR Memorandum
Refugee Representation in AJK Assembly: Reaffirming Legitimacy and Addressing Misconceptions in the Joint Awami Action Committee Narrative

The Jammu and Kashmir Council for Human Rights (JKCHR) acknowledges and supports the broader Charter of Demands issued by the Joint Awami Action Committee (JAAC). However, we express clear reservations on certain positions articulated by some voices within or around the Committee concerning the twelve (12) refugee seats in the Azad Jammu and Kashmir (AJK) Legislative Assembly. These 12 seats—six (6) for displaced persons from the Kashmir Valley and six (6) from Jammu—are a foundational element of the Assembly and must be preserved with reforms, not scrapped.

I. Reaffirming the Legal and Moral Basis of Refugee Representation

1. Preservation of UN Template and Rights of Displaced Populations
   These refugee seats are grounded in the UN Security Council Resolution 47 and subsequent resolutions, which affirm the right of displaced people from Jammu and Kashmir to return in safety and dignity. These seats uphold their identity, representation, and continued association with their homeland.
   
2. Four-Generation Absence Argument Has No Merit
   The notion that a displaced Kashmiri loses their status after four generations—allegedly based on the 1927 State Subject Law of the Maharaja—is outdated and legally inapplicable in the modern international framework. The Maharaja is no longer a constitutional authority, and we live in a globalized world where diaspora engagement remains strong. The UN framework supersedes such exclusionary interpretations. Even the Law of Return for Jews imposes no generational restriction, illustrating the global principle that ties to homeland are not severed by time alone.

II. On the Matter of Nationality and Political Representation

3. Pakistan Nationality Act 1951 Does Not Extinguish Refugee Identity
   Refugees from Jammu and Kashmir who have acquired Pakistan nationality under the Pakistan Citizenship Act of 1951 have done so under necessity, not as a declaration of permanent political will. The final determination of national allegiance will be decided only after a UN-supervised plebiscite. Until then, the foundational identity of these refugees as citizens of Jammu and Kashmir remains intact.
   
   Declaring these Kashmiri state subjects as full nationals of Pakistan not only risks their disenfranchisement within AJK but could have dire consequences on the international stage. India could use this argument to demand their deletion from the electoral rolls prepared under the supervision of the UN Plebiscite Administrator, thus shrinking the legitimate Kashmiri constituency. Given that a generation of Kashmiris has already been lost during militant resistance, further numerical deficit would mirror the tragic outcome of the Quebec referendum in Canada, where the refusal of the Cree community to vote led to the failure of the ‘Yes’ campaign. The Kashmiri people cannot afford a similar miscalculation.

4. Commonwealth Citizenship in the UK as Precedent
   In the United Kingdom, Commonwealth citizens who are not British nationals are still allowed to vote in general elections. This underscores the principle that nationality is not the sole criterion for representation, especially when there exists a unique political or historical relationship—as is the case with Kashmiri refugees in Pakistan.

III. Refuting “No Taxation, No Representation” Argument

5. Colonial Origin of the Slogan
   The slogan “No Taxation, No Representation” originates from 18th-century American and African anti-colonial protest movements. It was never designed to be a principle for denying political representation to displaced or stateless peoples. Borrowing this phrase in today’s context to disenfranchise Kashmiri refugees is historically ignorant and politically misleading. It reflects a failure to understand its colonial roots and distorts its application.
   
6. Pakistan’s Budgetary Allocations Benefit All Assembly Members
   It is well-documented that the Government of Pakistan allocates an annual budget to Azad Jammu and Kashmir, which is used to pay and support all 53 members of the AJK Assembly—including the 12 refugee representatives. The principle of financial support from Pakistan cannot be selectively interpreted to exclude the displaced. Representation is not merely a function of tax liability but a recognition of historic and legal entitlement.

IV. Jurisdiction and Electoral Legitimacy

7. State Properties and Electoral Administration
   Properties belonging to the pre-1947 State of Jammu and Kashmir located in Pakistan are currently managed under “The Jammu and Kashmir (Administration of Property) Ordinance 1961.” These properties retain their sovereign character under Article 257 of the Constitution of Pakistan. As such, there is both a legal and moral basis for allowing the use of these state properties as polling venues for the 12 refugee seats, reaffirming their political legitimacy within AJK.
   
8. Legal Precedent for Representation Across Jurisdictions
   Multiple countries allow diaspora and refugee communities to vote or be represented in national legislatures. France, Italy, Tunisia, Algeria, and Portugal, among others, have formal diaspora constituencies, with elections held abroad. AJK can lawfully and legitimately exercise electoral activities within Pakistani jurisdiction based on the special status of these refugees.

V. Conclusion

JKCHR supports the overall reform and accountability movement led by JAAC, but we caution against positions that seek to delegitimize refugee representation. These 12 seats are not a political concession but a constitutional and humanitarian necessity, rooted in international law and the UN Charter. Any genuine reform must aim at enhancing the performance and accountability of these representatives—not at erasing the rights of the displaced.

JKCHR remains committed to defending the inalienable political rights of all citizens of Jammu and Kashmir, irrespective of displacement or domicile, as enshrined in international law and protected under the UNCIP resolutions.

Dr. Syed Nazir Gilani
President –JKCHR
(In special Consultative Status with the United Nations)