The right to peaceful agitation

December 15, 2024

The AJK government withdraws a controversial law after strong protest by civil society and regional activists

The right to peaceful agitation


T

he crisis surrounding the Peaceful Assembly and Public Order Ordinance, 2024, reached a decisive point on December 7, when the Azad Jammu and Kashmir government was forced to revoke the law. The decision came after intense protests led by the Joint Awami Action Committee, a coalition of civil society organisations and regional rights groups. The ordinance had faced widespread dissent as it was seen as an effort to undermine civil liberties, particularly in light of the large-scale unrest witnessed in May 2024.

Initially, the law was introduced through a presidential ordinance. However, the government intended to make it a permanent law through enactment by the Legislative Assembly. It aimed to impose severe penalties, including a seven-year jail term, on individuals involved in protests found to have disturbed public order. The law had quickly become a flashpoint. It was widely perceived as a violation of the constitutional right to peaceful assembly and free expression guaranteed under the Interim Constitution of 1974. The JAAC condemned the ordinance, calling it an authoritarian measure to curb democratic rights in the region. A major concern was the future of public protests, which have long been an important form of political expression in the AJK.

Soon after the law was notified, the Jammu and Kashmir National Awami Party launched a protest campaign against it. It was followed by the JAAC. The government responded by detaining several JKNAP leaders, including Sardar Liaqat Hayyat. This aggravated the situation. A month-long protest campaign culminated in long marches towards Azad Pattan, Kohala and Bararkot. Besides, sit-ins and strikes were observed in major towns and cities. Convoys from Rawalakot, Bagh and Dhirkot came together at Kohala. Thousands of protesters, braving cold weather, held a sit-in at the Kohala Bridge, blocking the traffic between the Punjab and the AJK. Similar protests were held at Bararkot, where a large number of demonstrators staged a sit-in at the border between Khyber Pakhtunkhwa and the AJK.

On December 5, there was a near complete shutdown in the AJK as most businesses, educational institutions and transport networks were closed in solidarity with the protesters. The AJK government initially stood firm in defence of the ordinance. However, the Supreme Court intervened on December 3, suspending its enforcement. The protests continued to escalate, meanwhile, and on December 7, President Sultan Mehmood Chaudhry instructed the government to repeal the ordinance and release those detained under its provisions. The government complied. Subsequent negotiations between the government and the JAAC led to the ordinance’s formal withdrawal.

The withdrawal of the ordinance following successful negotiations is seen as a significant political victory for the civil society. It also underscores the growing influence of public action committees in forming the region’s political landscape. The JAAC’s efforts not only led to the repeal of a draconian law but also set the stage for broader policy reforms that could impact the future governance of the AJK.

The protesters have demanded a series of reforms aimed at addressing both political and economic issues in the region. Key demands have included lowering of electricity tariffs, assurance of wheat flour quality and supply and equitable access to essential services. The activists have also demanded the reconstruction of damaged roads and restoration of basic infrastructure.

There have also been calls for provision of permanent gainful employment for families affected by political violence, including those of Azhar, who was killed during the May 13 protest in Muzaffarabad, and a compensation of Rs 1 million each for four individuals injured in that day. The protesters are also seeking the reinstatement of dismissed government employees, such as teacher Sohaib Arif. Another demand has been the restoration of democratic processes, particularly elections to student unions. Greater autonomy is being demanded for elected representatives of the local governments.

The protestors are demanding that the Bank of AJK be granted the scheduled bank status to improve local financial services. Another demand is for better cellular phone connectivity. The activists are also calling for the implementation of AJK High Court rulings, particularly with regard to the Neelum-Jhelum Hydropower Project. The agitation is rooted in a broad frustration with the AJK government’s inability to fulfill its promises to the citizens.

The recent developments have raised important questions about the relationship between the AJK and the federal government. It seems that the AJK people are equally frustrated with Islamabad and Muzaffarbad. The Kashmiri Diaspora has been closely monitoring these developments.

Though the controversy surrounding the ordinance has been resolved for now, the recent events have underscored the tensions between the people and the government. The JAAC is threatening to make the traditional political leaders and parties redundant. The withdrawal of the Peaceful Assembly and Public Order Ordinance, 2024, marks a pivotal moment in AJK’s political landscape, emphasising the delicate balance between maintaining public order and safeguarding civil rights, particularly the right to free speech and peaceful assembly. It will be crucial for the regional government to engage in a dialogue with the civil society and ensure that the rights of its citizens are upheld.


The writer is a freelance contributor based in Azad Jammu and Kashmir. Her X handle: @hunain_mahmood.She can be reached at hunainmehmud101 @gmail.com

The right to peaceful agitation