Pakistani Kashmir*

Not Free
PR Political Rights 9 40
CL Civil Liberties 20 60
Last Year's Score & Status
29 100 Not Free
Global freedom statuses are calculated on a weighted scale. See the methodology.
* Indicates a territory as opposed to an independent country.

header1 Overview

Pakistani Kashmir is administered as two territories: Azad Jammu and Kashmir (AJK) and Gilgit-Baltistan (GB). Each has an elected assembly and government with limited autonomy, but they lack the parliamentary representation and other rights of Pakistani provinces, and Pakistani federal institutions have predominant influence over security, the courts, and most important policy matters. Politics within the two territories are carefully managed to promote the idea of Kashmir’s eventual accession to Pakistan. Freedoms of expression and association, and any political activity deemed contrary to Pakistan’s policy on Kashmir, are restricted.

header2 Key Developments in 2022

  • In April, after Pakistani prime minister Imran Khan was ousted in a parliamentary no-confidence vote, the AJK branch of his party, Pakistan Tehreek-e-Insaf (PTI), replaced its own prime minister with another PTI leader, Sardar Tanveer Ilyas, who reaffirmed the branch’s allegiance to Khan.
  • The cease-fire along the Line of Control (LoC) between Pakistani and Indian forces held during 2022, but there were isolated incidents of sectarian violence and militancy in GB.
  • GB’s constitutional ambiguity remained unresolved as the Pakistani government—both before and after Khan’s ouster—failed to advance an amendment that would give residents greater political rights.
  • Three rounds of local government elections were held in AJK after a hiatus of three decades. The PTI took slightly fewer seats than the Pakistan People’s Party (PPP) and the Pakistan Muslim League–Nawaz (PML-N) combined.

PR Political Rights

A Electoral Process

A1 1.00-4.00 pts0-4 pts
Was the current head of government or other chief national authority elected through free and fair elections? 1.001 4.004

Both AJK and GB have locally elected executive leaders. However, the Pakistani government controls—directly and indirectly—key executive functions, and it is unaccountable to voters in the territories.

Under AJK’s 1974 interim constitution, a president elected by the Legislative Assembly serves as head of state, while the elected prime minister is the chief executive. After the July 2021 elections, in which the PTI won a majority in the assembly, Sultan Mehmood Chaudhry, longtime head of the PTI in AJK, was elected president. PTI representative Abdul Qayyum Niazi was elected prime minister, having been nominated to the position by then Pakistani prime minister and overall PTI leader Imran Khan. Niazi resigned in April 2022 following a no-confidence vote by his own PTI legislators. The assembly then elected another PTI member, Sardar Tanveer Ilyas, to replace him.

An AJK Council based in Pakistan’s capital, Islamabad, comprises both Kashmiri and Pakistani officials and is chaired by the Pakistani prime minister. The council holds a number of executive, legislative, and judicial powers, including control over the appointment of superior judges and the chief election commissioner.

Under the Government of Gilgit-Baltistan Order 2018, executive functions in GB are shared between a Pakistani-appointed governor and a chief minister chosen by the GB Assembly (GBA). The governor signs legislation and has significant power over judicial appointments; the governor’s decisions cannot be overruled by the GBA. The 2018 order also grants extensive executive and legislative authorities to the Pakistani prime minister.

Khalid Khurshid Khan of the PTI was elected as GB chief minister in December 2020 after GBA elections returned a PTI majority, and he remained in office during 2022. In June 2022, however, Raja Jalal Hussein Maqpoon, a former PTI party chief in GB, resigned as governor of the territory. The Pakistani government replaced him with a PPP nominee, Syed Mehdi Shah, in August; the move reflected the April change in leadership in Islamabad, where new Pakistani prime minister Shehbaz Sharif relied on support from both his own PML-N and the PPP.

A2 1.00-4.00 pts0-4 pts
Were the current national legislative representatives elected through free and fair elections? 2.002 4.004

The AJK Legislative Assembly has 53 seats, including 45 directly elected general seats, 5 seats reserved for women, and 3 seats reserved for clerics, technocrats, and overseas Kashmiris; 12 of the general seats are elected by Kashmiri refugees living in Pakistan. Assembly elections were held in AJK in July 2021. Isolated incidents of voting interference were reported, and three campaign workers were killed in election-related violence. Most seats were filled by representatives of Pakistan’s main national political parties, though the AJK-based Muslim Conference and Jammu Kashmir People’s Party (JKPP) each took one seat. The PTI won a majority with 26 elected seats, while the PPP took 11 and the PML-N captured 6. After the allocation of reserved seats, the PTI held 32 out of 53 seats in the assembly. This followed the well-established pattern for AJK and GB, whereby the party in power at the federal level in Pakistan tends to win elections in Pakistani Kashmir.

The 33-member GBA is composed of 24 directly elected members, six seats reserved for women, and three seats reserved for technocrats. The GBA’s legislative authority is limited to certain subjects, and even discussion of some topics—foreign affairs, defense, internal security, and judicial conduct—is prohibited by the Government of Gilgit-Baltistan Order 2018. The GBA exercises some legislative powers previously allocated to the Gilgit-Baltistan Council (GBC). The council, which now has an advisory role, is headed by the Pakistani prime minister and vice-chaired by the GB governor; it includes six members chosen by the GBA and six Pakistani ministers or Parliament members chosen by the Pakistani prime minister. The GB chief minister also has a seat.

Elections to the GBA were held in November 2020. The PTI emerged as the largest party, with 10 of the 24 directly elected seats. Several independents then joined the PTI, and after reserved seats were filled through proportional representation, the party controlled 22 out of 33 seats. The PPP and PML-N—which took five and three seats, respectively—both initially complained of election rigging and refused to accept the results, but they eventually took up their seats in the new assembly. Smaller parties secured the remaining three seats.

Both territories have local-level government bodies, but council elections have been rare in practice. Three rounds of local voting were conducted in AJK in November and December 2022, marking the first such elections since 1991; the PTI took a plurality of seats, though it was slightly less than the combined total for the PML-N and PPP. No parallel balloting was held in GB, which had not elected local councils in nearly two decades.

Neither AJK nor GB is represented in the Pakistani Parliament.

A3 1.00-4.00 pts0-4 pts
Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? 1.001 4.004

The electoral framework in both territories facilitates indirect control by the Pakistani authorities. For example, the AJK Council appoints the chief election commissioner, and the electoral system for the AJK Legislative Assembly disproportionately favors nonresident refugees over AJK residents. The nonresident elections are more vulnerable to manipulation by federal Pakistani authorities, and the party in office at the federal level tends to win these seats. Candidates in the AJK elections must formally endorse “the ideology of Pakistan” and Kashmir’s accession to Pakistan.

The election code of conduct for GB requires parties and candidates to refrain from any action or speech that could be deemed prejudicial to the “ideology of Pakistan” or the country’s security. This vague provision can be used to exclude candidates associated with nationalist parties or those disfavored by the Pakistani authorities.

B Political Pluralism and Participation

B1 1.00-4.00 pts0-4 pts
Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? 1.001 4.004

Politics in both AJK and GB are dominated by local branches of the main Pakistani parties and some local parties, such as AJK’s Muslim Conference, that are closely allied with the Pakistani establishment. Small nationalist parties opposed to union with Pakistan are actively marginalized or barred outright from the political process. Activists accused of opposition to Pakistani rule have been subject to surveillance, harassment, and sometimes imprisonment. The interim constitution of AJK bans political parties that do not endorse the territory’s eventual accession to Pakistan, and similar rules prevail in GB.

B2 1.00-4.00 pts0-4 pts
Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 1.001 4.004

There is ample precedent for transfers of power between the major parties, though these are typically influenced by parallel changes at the federal level in Pakistan.

Prior to the 2021 elections in AJK, the PML-N was the incumbent party in the region, while the PTI was the incumbent party in Pakistan. Both parties sought to leverage incumbency advantages in the 2021 voting, which the PTI ultimately won.

B3 1.00-4.00 pts0-4 pts
Are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that employ extrapolitical means? 1.001 4.004

Because voters in GB and AJK cannot participate in Pakistani elections, Pakistani federal officials and entities are not democratically accountable to them. Security agencies operating in both territories are federal institutions. They work to block and suppress any parties or politicians that adopt positions deemed to conflict with Pakistani interests.

B4 1.00-4.00 pts0-4 pts
Do various segments of the population (including ethnic, racial, religious, gender, LGBT+, and other relevant groups) have full political rights and electoral opportunities? 1.001 4.004

Men and women have the right to vote in both territories. Although there is no bar on women contesting general seats in the legislatures, women rarely exercise this right in practice. Instead, general seats tend to be filled by men. The seats reserved for women are filled proportionally from party lists based on the general vote, meaning the parties themselves determine who will represent women’s interests.

Shiite Muslims, Sunni Muslims, and members of the Ismaili offshoot of Shia Islam are represented in the GBA, having won directly elected seats. Members of the heterodox Ahmadi sect, who suffer systematic discrimination in Pakistan, are poorly represented in GB’s political system, as are members of the territory’s Christian minority.

C Functioning of Government

C1 1.00-4.00 pts0-4 pts
Do the freely elected head of government and national legislative representatives determine the policies of the government? 1.001 4.004

The powers of the elected chief executives in AJK and GB are limited by the fact that the Pakistani prime minister, the Pakistani minister for Kashmir Affairs and Gilgit-Baltistan, and the federal civil service exercise effective control over government operations in both territories. As in Pakistan, federal military and intelligence agencies also play a powerful role in governance and policymaking.

The territories lack any meaningful fiscal autonomy, as federal taxes are imposed on both, and they receive a share of the resulting funds from the federal government. The territories’ local representatives are excluded from the Pakistani bodies that negotiate interprovincial resource allocation.

There has been a sustained debate on the idea of enhancing GB’s status in the Pakistani constitution by designating it as a provisional province, granting its legislators powers on par with those delegated to Pakistan’s four existing provinces, and giving GB representation in the federal Parliament. In 2019, the Pakistani Supreme Court instructed the Pakistani government to fully address GB’s constitutional status, prompting a protracted effort to comply. The PTI-led Pakistani government drafted a constitutional amendment in line with the court ruling, and in early 2022 it referred the draft to the GBA for consultation, but the measure made no further progress during the year. Some opposition to granting GB provincial status is rooted in the idea that the territory is inseparable from AJK and Indian-controlled Kashmir, and that resolving GB’s status would undercut Pakistan’s claims to the rest of the disputed region.

C2 1.00-4.00 pts0-4 pts
Are safeguards against official corruption strong and effective? 1.001 4.004

Both territories have formal safeguards against official corruption, and GB is within the jurisdiction of Pakistan’s National Accountability Bureau. However, as in Pakistan, corruption remains endemic, with enforcement actions subject to political influence.

C3 1.00-4.00 pts0-4 pts
Does the government operate with openness and transparency? 1.001 4.004

Transparency and access to government information are limited. The AJK and GB governments have made gestures toward transparency by posting basic information about their operations online, but such disclosures remain infrequent and inadequate. Journalists in GB complain that in the absence of a right-to-information law for the territory, government departments have blocked information requests.

Add Q
Is the government or occupying power deliberately changing the ethnic composition of a country or territory so as to destroy a culture or tip the political balance in favor of another group? -2.00-2

The Sunni Muslim share of the population in GB—historically a Shiite-majority region—has increased in the decades since a pre-1947 rule was abolished to allow immigration from different parts of Pakistan. State agencies are suspected of deliberately encouraging this migration to engineer demographic change. Under the 2009 Gilgit-Baltistan Empowerment and Self-Governance Order, settlers were given formal citizenship rights in GB; critics of a clause in the Government of Gilgit-Baltistan Order 2018 have argued that it appears to extend GB citizenship rights to all Pakistani citizens, further encouraging settlement. The pre-1947 restrictions on acquiring residency and citizenship are still in place in AJK and have assumed greater significance since the Indian authorities eased similar restrictions in Indian-administered Jammu and Kashmir in early 2020.

CL Civil Liberties

D Freedom of Expression and Belief

D1 1.00-4.00 pts0-4 pts
Are there free and independent media? 1.001 4.004

AJK and GB are subject to laws that curb freedom of expression, particularly regarding reporting or commentary on the political status of the territories. Media houses need permission from the AJK Council and the federal Ministry of Kashmir Affairs and Gilgit-Baltistan to operate. Pakistani state agencies frequently issue media advice to GB-based journalists to guide coverage of topics that are deemed sensitive, and journalists engage in self-censorship. Coverage of news and politics in both territories mirrors official Pakistani narratives, including the notions that India’s hold over the Kashmir Valley is illegitimate and that all Kashmiris seek accession to Pakistan.

D2 1.00-4.00 pts0-4 pts
Are individuals free to practice and express their religious faith or nonbelief in public and private? 1.001 4.004

Both territories have a predominantly Muslim population, and there is no official or social tolerance of nonbelief. Tools used to compel expressions of belief and conformity with official interpretations of religious doctrine include laws criminalizing blasphemy, rules requiring observance of Ramadan, and an obligation to denounce the heterodox Ahmadi sect to obtain a Pakistani passport. There is a history of Sunni-Shiite sectarian violence in GB, and one major incident took place in 2022, when a Shiite ceremony in Gilgit at the beginning of the holy month of Muharram led to clashes that left two Shiites dead and 17 other people wounded.

D3 1.00-4.00 pts0-4 pts
Is there academic freedom, and is the educational system free from extensive political indoctrination? 2.002 4.004

Each territory is home to a growing education system, and education is much valued as a path to migration and employment. However, in academia there are acute sensitivities around the issue of constitutional status, and debate or materials questioning Pakistan’s claims over Kashmir are not tolerated. Student union activity has long been subject to state monitoring. Local languages and scripts are not taught in government schools. There is a history of attacks on schools in the Darel Valley by Islamist militants who oppose secular and girls’ education.

D4 1.00-4.00 pts0-4 pts
Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? 2.002 4.004

Federal intelligence agencies maintain a prominent and intrusive presence in both territories. Discussion of heterodox political or religious views consequently carries significant risks. The authorities have increased their monitoring of social media, using Pakistan’s 2016 Prevention of Electronic Crimes Act to sporadically punish expression of anti-Pakistan or separatist opinions.

E Associational and Organizational Rights

E1 1.00-4.00 pts0-4 pts
Is there freedom of assembly? 1.001 4.004

The authorities’ observance of freedom of assembly is highly discretionary. The Pakistani state traditionally uses AJK as a platform for protests against Indian control of Jammu and Kashmir and the treatment of the population on the Indian side of the LoC, with multiple officially orchestrated anti-India demonstrations proceeding on key anniversaries each year. Protests that do not directly challenge Pakistani control or the territories’ constitutional status are more likely to be tolerated. The authorities rely on harassment, intimidation, and the use of security checkpoints to deter unapproved protests. Overall, assemblies are notably more frequent in GB than in AJK.

During 2022, teachers in AJK resumed protests over wages and working conditions, and a variety of trade groups and other civil society representatives in GB staged strikes and protests to express opposition to new taxes imposed by the GBA.

E2 1.00-4.00 pts0-4 pts
Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related work? 1.001 4.004

Humanitarian nongovernmental organizations (NGOs) are subject to strict registration requirements and thus operate at the pleasure of the authorities. NGOs working on political or human rights issues face more intrusive government scrutiny and, in some cases, harassment.

E3 1.00-4.00 pts0-4 pts
Is there freedom for trade unions and similar professional or labor organizations? 2.002 4.004

AJK is subject to labor laws similar to those in Pakistan. However, unions and professional organizations are frequently barred. Labor laws and union activities are poorly developed in GB.

F Rule of Law

F1 1.00-4.00 pts0-4 pts
Is there an independent judiciary? 1.001 4.004

Both territories have nominally independent judiciaries, but the Pakistani federal government plays a powerful role in judicial appointments. On politically sensitive issues, the AJK and GB courts are not considered to operate with independence from the executive in Pakistan.

The president of AJK, in consultation with the AJK Council, appoints the territory’s chief justice. Other superior court judges are appointed by the AJK president on the advice of the council, after consultation with the chief justice. The chief judge and other judges of GB’s Supreme Appellate Court are appointed for three-year terms by the prime minister of Pakistan on the recommendation of the governor. In its 2019 ruling on GB’s 2018 governance order, the Pakistani Supreme Court essentially extended its jurisdiction to GB residents and courts, adding to the legal ambiguity surrounding the territory’s constitutional status.

F2 1.00-4.00 pts0-4 pts
Does due process prevail in civil and criminal matters? 1.001 4.004

The civilian court systems in both territories feature basic due process guarantees, including defense lawyers and a right to appeal, but arbitrary arrests and other violations are not uncommon, particularly in security-related cases. Pakistan’s Anti-Terrorism Act (ATA), which is often used to suppress dissent, includes vaguely defined offenses, allows extended detention without trial, and applies to juveniles, among other problematic features.

F3 1.00-4.00 pts0-4 pts
Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? 2.002 4.004

Torture and deaths in custody at the hands of security forces have been reported, especially in the cases of independence supporters and other activists. Separately, armed extremist groups devoted largely to attacks on Indian-administered Jammu and Kashmir operate from AJK and GB and have links with similar factions based in Pakistan and Afghanistan. A lull in attacks by these groups on targets in AJK and GB continued through most of 2022. In October, fighters from a militant group blocked the main Karakoram Highway in Chilas, briefly holding a GB minister hostage to press for the release of jailed comrades.

A 2003 cease-fire agreement between the Indian and Pakistani armies was intended to protect AJK from attacks across the LoC. However, sporadic skirmishing continued, and during 2020, the two armies engaged in near-constant exchanges of fire after a 2019 suicide bombing killed Indian troops. Although some of the firing struck military targets, it was often directed at civilians. The Indian and Pakistani armies renewed the cease-fire in early 2021, and it held through 2022.

F4 1.00-4.00 pts0-4 pts
Do laws, policies, and practices guarantee equal treatment of various segments of the population? 0.000 4.004

As in Pakistan, women in the territories face economic discrimination, disadvantages under personal status laws, and abusive customary practices, the perpetrators of which often enjoy impunity. LGBT+ people and members of ethnic minority or non-Sunni religious groups also suffer from discrimination, and Afghan refugees encounter harassment and pressure to return to Afghanistan. Pakistani authorities have been reluctant to offer citizenship to people displaced from Indian-administered Jammu and Kashmir; these refugees have periodically been subjected to abuse and arbitrary arrest for demanding greater rights.

G Personal Autonomy and Individual Rights

G1 1.00-4.00 pts0-4 pts
Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? 2.002 4.004

The people of AJK and GB have Pakistani national identity cards and passports. They are internationally recognized as Pakistani nationals, allowing for external travel. However, there are reports of passports being denied for those suspected of questioning Pakistani control over the region. The heavy military presence and the threat of shelling along the LoC restricts internal movement for civilians. Residents and travelers risk accidentally straying across the LoC and being stranded or detained.

G2 1.00-4.00 pts0-4 pts
Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate actors? 2.002 4.004

AJK’s pre-1947 state subject law, which bars outsiders from seeking permanent residency, allows only legal residents to own property. Since the 2015 launch of major Chinese-backed infrastructure projects in GB as part of the China-Pakistan Economic Corridor, there has been an increase in local protests over land rights in the territory. Residents have accused the state of abusing powers dating back to 19th-century Sikh rulers to seize land for development projects and security purposes. Procedures for establishing private enterprises in both territories are onerous.

G3 1.00-4.00 pts0-4 pts
Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control over appearance? 1.001 4.004

The legal framework in AJK and GB criminalizes domestic violence and so-called honor killings, but harmful traditional practices related to sex, marriage, and personal behavior often prevail amid weak enforcement of formal protections, especially in more socially conservative areas. Informal justice mechanisms operating at the village level are the first point of recourse for many incidents involving sexual or domestic violence against women, and their judgments can inflict further harm on victims.

G4 1.00-4.00 pts0-4 pts
Do individuals enjoy equality of opportunity and freedom from economic exploitation? 1.001 4.004

Both territories, but particularly GB, have historically been less economically developed than Pakistan, and their population has depended on labor migration to supplement incomes. The lack of local control over extractive industries prompts periodic complaints that residents are being deprived of the benefits of natural resources.

Child labor is known to occur, though the AJK government banned the practice by passing the Restriction of Employment of Children Act 2016 and amending it in 2017. Under this legislation, businesses in AJK cannot hire residents under the age of 17. Laws against sex and labor trafficking in general are poorly enforced.

On Pakistani Kashmir

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  • Global Freedom Score

    29 100 not free