By Shabbir Mir in The Express Tribune, December 8th, 2014.
GILGIT: The Gilgit-Baltistan (G-B) legislative assembly met on the first day of the last session on Monday as clouds of uncertainty loom over the future of the region.
The G-B government’s five-year term is set to end on December 10 but very little is known about if and how an interim set-up can take over.
The federal government’s silence over the lack of a provision in the G-B Empowerment and Self-governance Order 2009 for a temporary system to run state affairs is steadily adding to suspicions of a possible constitutional breakdown.
In the dark; “Can the chief minister tell this house what’s going to happen after December 10,” asked Rahmat Khaliq, a lawmaker from Jamiat Ulema-e-Islam-Fazl (JUI-F).
“We are being kept in the dark about our future. I suggest the chief minister dissolve the assembly and announce a date for elections,” Khaliq said during the first day of the forty-first session chaired by Speaker Wazir Baig.
Mirza Hussain of Pakistan Muslim League-Quaid (PML-Q) said the G-B Governance Order allows the governor to reappoint the existing CM for a certain period but Mehdi Shah will have to take a fresh oath. The interpretation was rejected by law minister Ali Madad Sher, who said the governance order does not require the swearing in. “It can be done without any fresh oath.”
Sher said a letter has been written to the prime minister for an amendment in the Governance Order but no reply has been received. “Let’s see what happens after December 10.”
Resolutions passed: The first resolution was tabled by Pakistan Peoples Party lawmakers Abdul Hameed and Ayub Shah condemning federal information minister Pervaiz Rasheed’s statement about G-B’s constitutional status. The minister had recently said, “Geographically Gilgit-Baltistan is a part of Pakistan, but legally it is not part of the country.”
“To say G-B isn’t a constitutional part [of Pakistan] is tantamount to insulting the sacrifices made by its people for Pakistan,” said Shah, reading out the resolution that was passed with a majority vote after a prolonged debate. Except for Pakistan Muslim League-Nawaz (PML-N) and nationalist leader Nawaz Khan Naji, the rest voted in favour of the resolution.
Deputy speaker Jamil Ahmed demanded lodging a case of treason against the federal minister under Article 6 of the Constitution. This was rejected by Naji and PML-N lawmakers who argued the federal minister’s statement was based on the fact that G-B is linked to “larger Kashmir issue”.
Naji said, “The words of Rasheed have been misinterpreted. He didn’t mean what these people are saying.”
The second resolution, also tabled by Hameed, was passed by the house unanimously whereby the house demanded action against those involved in the trade of narcotics. The third resolution, also passed unanimously, condemned the attack on JUI-F leader Dr Soomro in Sindh, asking for arrest of the killers.
The slip that keeps on giving: As the debate raged over Rasheed’s words, in a moment of emotion PML-N lawmaker Sultan Ali mistakenly chanted slogans against his own party’s representative, federal minister Chaudhry Nisar.
As PML-Q leader Hussain criticised Rasheed, Ali’s slip of tongue resulted in a resounding ‘Go Nisar Go’ instead of ‘Go Chaudhry Shujaat Go’. The lawmaker kept repeating it for a while before he realized his mistake, prompting the house to burst into laughter.
The house is set to meet on Tuesday (today).http://tribune.com.pk/story/803648/tick-tock-24-hours-left-before-uncertainty-reigns-in-g-b/
‘The GB Council failed to play due role’; By Jamil Nagri in Dawn December 9th , 2014
The term of the Gilgit-Baltistan (GB) legislative assembly that came into existence under the GB Empowerment and Self-Governance Order, 2009 introduced during the Pakistan People’s Party government of former prime minister Yousuf Raza Gilani and president Asif Ali Zardari is ending on Dec 10. This reporter met the GB Council member Amjad Hussain of the PPP and spoke to him about the flaws in the 2009 order and what is seen as excessive interference of the federal government in GB matters. Here are the excerpts from the conversation.
- Looking back, do you think the GB Assembly and the GB Council were able to do the kind of legislative business they were meant to achieve?
- I think so. The GB Assembly during its five-year tenure passed and implemented 40 acts. The assembly through legislation restored law and order, determined the role of ulema and created sectarian harmony in Gilgit. Moreover, the approval of the Gilgit-Baltistan Local Government Act, 2014 on Aug 18 is the best example of assembly legislation.
However, the GB Council could not play its due role. According to GB law, tourism, minerals, power generation, forest and trade with foreign countries are council subjects. The regional elected assembly cannot make laws on the said subjects. This is discrimination against the region as it has not been given the right to legislate on its natural resources.
- Do you think the set-up put in place through the GB Empowerment and Self-Governance Order, 2009 is the best solution to the administrative and political woes of the region? How can it be improved? Also, do the GB council and assembly have the powers to improve the law?
- The GB Empowerment and Self-Governance Order, 2009 is not an act or ordinance. Basically, it is an executive order issued by the federal government. Unfortunately, the power to amend the GB Empowerment and Self-Governance Order, 2009 rests with the federal government. The GB Assembly does not have the power to amend it in order for it to remove the flaws.
The 2009 GB law lacks judicial reforms. People of the region should be given the right to govern through their representatives and not be governed by Islamabad‘s bureaucrats. Then there are other issues. GB has been seeking financial autonomy for the past six decades. But the region has not been given a share in the National Finance Commission. Despite the fact that the federal government earns Rs40 billion annually from GB resources, in return GB receives only Rs26 billion.
Also, the constitutional status of the region should be determined. If GB is part of Pakistan then it should be given similar rights as given to other provinces of the countries. And if it is a disputed territory then it should be given the set-up like the one in place in Azad Jammu and Kashmir.
- The federal government continues to exercise a great deal of say in GB matters and it appears that the next elections will be supervised not by a caretaker government but by bureaucrats. How can federal government interference be curtailed?
- This is true. The federal government is interfering in GB affairs at a large scale, through the GB council and has started pre-poll rigging. For instance, recently the GB cabinet decided to lift a ban on government jobs and carry out recruitment on 6,000 vacant government posts. The ban was imposed by the federal ministry of Kashmir affairs. The appointment of the chief election commissioner for GB Syed Tahir Ali Shah has not been done on merit.
He has been a PML-N worker for a long time.
The incumbent assembly completes its five year tenure on Dec 10. The GB law is silent about the establishment of a caretaker set-up that is supposed to oversee the upcoming GB elections. Holding polls in the region from December to April is not possible due to harsh weather conditions.
The federal government is reluctant to amend the GB law for the possibility of a caretaker set-up or an interim government. Even the summary pertaining to the matter has been sent to PM House. The power to amend the GB law rests with the federal government. The GB assembly cannot make amendments. Political crises would emerge if the law is not amended.
The federal government plans to hold elections under the bureaucracy. Therefore, delaying it is a serious issue. The consequences of this undemocratic act would be dangerous.
- Allegations of massive corruption swirled around the chief ministers and key bureaucrats. Why was nothing done to check graft in Gilgit-Baltistan?
- Most of the development projects launched by successive governments in the region remain incomplete due to alleged corruption by politicians and government officials. One reason for not checking graft in GB was probably because there was no anti-corruption organisation. No regional NAB office was established here. We sent many corruption cases against officials to NAB but did not receive any response. Moreover, the media in GB also did not take an interest in the matter.
http://www.dawn.com/news/1149680/sound-bytes-the-gb-council-failed-to-play-due-role
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