Document #1197179
IRB – Immigration and Refugee Board of Canada (Author)
In a telephone interview with the Research Directorate, the founding member and former president of the Jammu and Kashmir National Awami Party (JKNAP) who continues to be an active member of the party, indicated that the JKNAP was established in 1996 by members of the National Students Federation (NSF) (30 Jan. 2004), which has now become its students' wing (Dawn 8 Jan. 2003). The NSF was first organized in Azad Kashmir in the mid-1960s (Kashmir Human Rights Site 30 July 2002).
The JKNAP is a secular democratic party advocating for a "united democratic secular Kashmir" (JKNAP 30 Jan. 2004) which is independent from both India and Pakistan (AP 7 Jan. 2003). Information posted on the Kashmir Human Rights Site describes the party as a left nationalist party (Kashmir Human Rights Site 30 July 2002).
According to BBC, the JKNAP is among three Azad Kashmir-based parties with "strongholds in Rawalakot, Kotli and Bagh across Uri sector and Punch District in [Jammu and Kashmir], in addition to their 'strong' presence in Muzaffarabad ..." (14 Jan. 2003). Currently JKNAP party headquarters are located in Muzaffarabad, the capital city of Azad Kashmir (JKNAP 30 Jan. 2004). The party has two other branches in Azad Kashmir (ibid.). One branch is located in Kotli, and the other branch, which houses the party's General Secretariat, is located in Mirpur (ibid.). Until June 2003, the party also had branches in Karachi and Rawalpindi, but the founding member and former president of JKNAP was not aware of whether these branches are currently operating since in May 2003 there was a change in party leadership, which dissolved all branches located outside of Azad Kashmir (ibid.). The new leadership and the party's national council are currently in the process of formulating a "new district organization," which will result in the establishment of new branches (ibid.). The new JKNAP president is Prof. Mark Khaleeque, who replaced the founding member and former president of JKNAP who was interviewed by the Research Directorate for this Response (ibid.).
According to the former JKNAP president, the party also had chapters in Europe and in Calgary, Canada, but he believes that these too have been dissolved following the change in leadership (JKNAP 30 Jan. 2004). He added that he anticipates these offices to be re-established once appropriate directives are issued by the new leadership and national council (ibid.). The Research Directorate found one news report referring to the Calgary chapter of JKNAP (Calgary Herald 5 Sept. 2001) and two news reports referring to the United Kingdom chapter of JKNAP (Indian News 2 Oct. 2001; The Hindu 27 Feb. 2002). References to other chapters of the party outside of Pakistan could not be found among the sources consulted by the Research Directorate.
Shortly after its establishment, the JKNAP along with the NSF, the Jammu Kashmir National Democratic Party (JKNDP) and the Jammu Kashmir National Liberation Front (JKNLF) formed an alliance in 1996 under the name Kashmir National Alliance (KNA) so that it could submit nomination papers to participate in the legislative assembly elections (Kashmir Human Rights Site 24 Jan. 2002). However, "the office of Chief election commissioner rejected their nomination papers [and] nationalist leaders and workers were arrested and tortured" (ibid.). In 2001, these parties submitted nomination papers again, but as in the past, these were rejected (ibid.). In response, these parties
... launched a world-wide protest against the atrocities and brutalities of the government of Pakistan in [Pakistan occupied Kashmir]. Nationalist leaders and more than five hundred workers were arrested in June 2001 and subjected to torture for more than one month. And the assembly elections were held when democratic political workers were behind ... bars, in order to achieve the results according to the wishes of [the] Pakistani government (ibid.).
Speaking about the treatment of JKNAP members by the authorities, including the police, the former JKNAP president made reference to an incident that took place on 8 June 2002 involving an attack by Hizb-Ul Mujahadeen, an Islamic group, on party members who were participating in an anti-war rally (JKNAP 30 Jan. 2004). Following the attack, JKNAP registered a First Information Report (FIR) with the police, but the authorities did not react (ibid.). Instead, an FIR was filed against the party office in Kotli and party members were harassed (ibid.). Information on the Website of the Committee for a Workers' International (CWI), which is a "campaigning international socialist organisation ... struggl[ing] to overthrow the rule of big business and global capitalism [and] fight[ing] for a democratic socialist society internationally" (CWI n.d.), indicated that the local administration and police had not only refused to deal with the attack, but had "stood by and did nothing as these attacks took place" (CWI 8 June 2002).
In another incident, Raja Ali Zaman, Secretary General of JKNAP at the time, was arrested in Mirpur on 30 September 2002 for protesting the upraising and extension of the Mangla Dam (Kashmir Human Rights Site 19 Oct. 2002).
The former JKNAP president said that party members are constantly protesting police behaviour against them and others, and added that the police are linked with other agencies in authority, which act in the same manner (ibid.).
When asked about the treatment of JKNAP members by militant groups, the former JKNAP president again made reference to the 8 June 2002 incident, adding that the JKNAP is the only opponent in Azad Kashmir to the prevailing militant/jihad ideology (JKNAP 30 Jan. 2003). He stated that the party and its members are disliked by the militants and it is only in the current month (January 2004) that the situation has somewhat improved (ibid.). Prior to that, incidents of violence and ill-treatment against the party and its members were common, and are still common near the line of control (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate 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. Please find below the list of additional sources consulted in researching this Information Request.
References
Associated Press (AP). 7 January 2003.
"Several Thousand Stage Pro-Iraq Protests in Pakistani Kashmir."
(Dialog)
BBC. 14 January 2003. "India to Set Up
New Centre to 'Crack Terrorist Modules' in Kashmir." (Dialog)
Calgary Herald. 5 September
2001. Sorcha Mcginnis. "Protest Draws Hope for Kashmiris' Plight."
(Dialog)
Committee for a Workers' International
(CWI). 8 June 2002. "Anti-War Demo Attacked by Mujahadeen
Fighters." http://www.socialistworld.net/eng/2002/06/08Kashmir.html
[Accessed 29 Jan. 2004]
_____. n.d. "Committee for a Workers'
International Home Page." http://www.socialistworld.net/jhome.html
[Accessed 30 Jan. 2004]
Dawn [Karachi]. 8 January 2003.
"US Moves Against Iraq Slammed." http://www.dawn.com/2003/01/08/nat26.htm
[Accessed 29 Jan. 2004]
The Hindu [Chennai]. 27
February 2002. Hasan Suroor. "U.K. Kashmiri Groups Merge." http://www.hinduonnet.com/thehindu/2002/02/27/stories/2002022702201200.htm
[Accessed 29 Jan. 2004]
Indian News. 2 October 2001.
"POK Residents Stage Protest in Front of Pak High Commission."
(Dialog)
Jammu and Kashmir National Awami Party
(JKNAP). 30 January 2004. Telephone interview with the founding
member and former president of the party, who continues to be an
active member.
Kashmir Human Rights Site. 19 October
2002. "Arrest of Some 15 Leaders and Workers of JKNSF and
Maltreatment of Prof. Khaleeque, An Intellectual and Educationist
at Muzaffarabad in POK." http://www.kashmir-hr.het/mainfile.php/news200210/242/
[Accessed 29 Jan. 2004]
_____. 30 July 2002. "The Roots of the
Crisis: CWI." http://www.kashmir-hr.net/mainfile.php/articles/161/
[Accessed 29 Jan. 2004]
_____. 24 January 2002. N.N.Khan. "Human
Rights Violations and Right of Self-Determination of Kashmiri
People in the Light of Historical Facts." http://www.kashmir-hr.net/mainfile.php/documents/14/
[Accessed 29 Jan. 2004]
Additional Sources Consulted
Defense and Foreign Affairs
Handbook. 2002. 15th ed.
The Kashmiri Canadian Council, in
Scarborough, did not respond to a letter requesting
information.
Political Parties of the World.
2002
Internet sites, including:
Amnesty International
The Daily Mail [Islamabad]
The Daily Times [Lahore]
European Country of Origin Information
Network (ECOI)
Human Rights Watch (HRW)
jammu-kashmir.com
PakTribune
United Kingdom, Immigration and
Nationality Directorate (IND)
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