By Asif Ezdi
The Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, approved by the cabinet on Aug 29 seeks to grant self-rule to the people of the area on the pattern of the autonomy enjoyed by Azad Jammu and Kashmir. As the government itself admits, the promulgation of this Order, which has now been signed by Zardari, implies a rejection of the demand that Gilgit-Baltistan be made a province of Pakistan and that its people be given the same constitutional rights, including representation in the National Assembly and the Senate. The reason given by the government is that acceptance of these demands would go against Pakistan’s obligations under UN Security Council resolutions on Kashmir, which give Islamabad administrative powers over the territory but debar any change in its status.
Given this self-imposed constraint, the government had only limited room for action. It could only make those changes in the constitutional structure of Gilgit-Baltistan which would devolve more powers to the people of the territory, but not affect its international status. The last two constitutional measures adopted by the government for the Northern Areas – in 2000 and 2007 – had also sought to give more powers to the elected Assembly within this constraint. The scope for further devolution was thus quite small. It is therefore no wonder that the changes introduced by the latest constitutional package are by no means of a radical nature.
The most significant change is that a Council has been set up on the same pattern as exists in Azad Kashmir. It will have the power to legislate on more or less the same subjects as the Azad Kashmir Council. The federal government will have a built-in majority in the Gilgit-Baltistan Council, as in the Azad Kashmir Council. The practical consequence is that legislation on these matters will continue to be controlled by Islamabad. But this would not affect local autonomy because these subjects, in any case, correspond to the Federal List in the Constitution and the purpose is to ensure harmony with the laws of Pakistan.
Some of the changes made in the new law are cosmetic, such as renaming the chairman as governor, the chief executive as chief minister and advisers as ministers. On the one hand, the new designations seek to highlight similarities with a province; and on the other hand, they underscore difference from Azad Kashmir.
The renaming of Northern Areas as Gilgit-Baltistan has been welcomed widely as it gives the territory a name that its people can identify with, and meets a long-standing demand. The two parts of the name are separated by a hyphen, rather than the word “and,” apparently for no other reason than brevity.
Since the purpose is to equate Gilgit-Baltistan with Azad Kashmir, the government needs also to do two more things. One, it should rename the new legal framework for Gilgit-Baltistan as the Interim Constitution, just as the fundamental law of Azad Kashmir is called. Two, the new constitutional package should be passed by the elected Assembly of Gilgit-Baltistan, just as the Azad Kashmir Interim Constitution was passed by the elected Assembly of Azad Kashmir, instead of being promulgated through executive fiat.
Despite all the changes, some real and others cosmetic, the new Gilgit-Baltistan Order is not going to satisfy the demand of the local people for an end to their political disenfranchisement. Their main demands – provincial status, representation in Parliament, and constitutionally guaranteed rights – have not been met. They acceded to Pakistan 62 years ago and cannot be expected to wait indefinitely to start enjoying the rights of full citizens. To deny to them any longer their due place in Pakistan amounts to punishing them for India’s perfidy on Kashmir. The government therefore has to find a way that will give them their full rights within the federation of Pakistan and yet is in accord with the country’s international commitments under the UN Security Council resolutions on Kashmir.
This can be done by giving Gilgit-Baltistan provincial status on a purely provisional basis, pending the implementation of UN resolutions. If Pakistan does so now, after sixty years first of stalling and then of refusal by India to allow a plebiscite, there will be no breach of our international commitments, nor will such a step affect the sanctity of those resolutions, or absolve India of its obligation under international law to cooperate in their implementation. However, to preclude any misgivings, Pakistan will have to coordinate this step with the people and government of Azad Kashmir and with the APHC as the representative body of Kashmiris on the other side of the Line of Control.
The concerns of Kashmiris in Azad Kashmir and Occupied Kashmir are two-fold. First, their position has been that Gilgit-Baltistan is part of Jammu and Kashmir and cannot accede to Pakistan separately from the rest of the state. Second, Kashmiri leaders, both from Azad Kashmir and from the occupied part, have expressed the fear that the accession of Gilgit-Baltistan would be taken as Pakistan’s acquiescence in the permanent partition of Kashmir and would harm the freedom struggle in Occupied Kashmir. Such misgivings have been voiced by Yasin Malik and by some political circles in Azad Kashmir.
These apprehensions are not unfounded, but the good news is that they can be overcome if both Gilgit-Baltistan and Azad Kashmir provisionally join Pakistan, either jointly as one entity or separately but simultaneously as two entities. Gilgit-Baltistan acceded to Pakistan in 1947. Azad Kashmir could do so now on behalf of the entire state, including the occupied part, through a resolution of the Azad Kashmir Assembly. This should be followed by an amendment to the Pakistani Constitution, declaring that: (a) the final status of Jammu and Kashmir is to be decided through a plebiscite in accordance with UN resolutions; (b) until the final status of the state has been so determined, Pakistan admits it to the Federation on a provisional basis in accordance with the wish expressed by the elected representatives of the liberated territory; and (c) Pakistan remains committed to the implementation of the UN resolutions.
For two generations, Azad Kashmir and Gilgit-Baltistan have been languishing in a constitutional limbo. Their international status has also remained frozen in a nebulous state. This has stunted their democratic and constitutional evolution and prevented the people from participating fully, as they wish, in the political life of Pakistan, giving rise to some disaffection.
This problem is especially acute in Gilgit-Baltistan. The government has sought to address it through constitutional tinkering. Its latest announcement bestowing “internal and political autonomy” will be the fourth such attempt, after those of 1994, 2000 and 2007. The mixed reaction of the local people and the largely negative response in Azad Kashmir and of some APHC leaders show that half-measures will not be enough.
Typically, the new law was not presented before its adoption for public or parliamentary debate. Instead, the government only held some closed-door briefings for the parliamentary committee concerned and a few selected leaders from the Northern Areas. Representatives of Azad Kashmir and the APHC were not consulted. The government clearly still treats the matter as a bureaucratic issue to be tackled bureaucratically.
The demand for provincial status for Gilgit-Baltistan will not go away. The question that the government faces is not whether to give this status but how to do it in a manner that also leaves the UN resolutions on Kashmir untouched and keeps intact Pakistan’s commitment to their implementation. The government has to find a way to do all this in a way that also takes Azad Kashmir and the APHC on board. Not an easy undertaking but doable.
It should take the following steps: First, withhold promulgation of the Self-Governance Order; second, start a public debate in Pakistan and consultation with representative Kashmiris on both sides of the LoC on a provisional accession of Jammu and Kashmir to Pakistan; third, leave it to the elected Assembly of Gilgit-Baltistan to pass a law on an Interim Constitution for the territory; fourth, ask the Azad Kashmir Assembly to pass a resolution declaring provisional accession of the state to Pakistan pending the implementation of UN resolutions; fifth, amend the Constitution to provisionally admit Jammu and Kashmir to the Federation; sixth, and last, ignore any protests, warnings and threats from India.
(The writer is a former member of the Pakistan Foreign Service. This article appeared in News International, Karachi on Sept 10)
Defacto Pakistani Province Gilgit Baltitan is a alarming message for Unified,Secular, Independent Kashmir.
Recent Pakistani constitutional colonial aggression on Gilgit Baltistan via Empowerment and Self-governance, 2009 passed by the prime minister of Pakistan Yousaf Raza Gilani and his federal cabinet and his federal minister Qumar Zaman Kiara be the first Adhock Governor of the new Pakistani Defacto province of Gilgit Baltistan and the president of Islamic Republic of Pakistan Asif Ali Zardari singed and endorsed it to their slave territory of Pakistan Occupied Gilgit Baltistan (POGB).
That is a great colonial gift for the forcibly divided state of Jammu Kashmir ,historically many Kashmiri groups believed that Pakistan is their Allie and she is backing for the right of self determination of the former princely state of Jammu Kashmir.
I don`t want to go into the past especially after 1988 when thousands of innocent lives taken by the Pakistan sponsored proxy war but Kashmiries suffered enough and lost their life ,property and honour.
In 21st century Defacto Pakistani Province Gilgit Baltistan Empowerment and Self-governance, 2009 Act ,is passed over a dead body of right of self determination of Jammu Kashmir.
Those groups who are working with Islamabad must show their regret over the recent constitutional legal,and historical geopolitical decline of the so-called democratic Govt.of Pakistan and its powerful military establishment until the time is passe away.
Why the people of Gilgit Baltistan and so-called Azad Kashmir (Free Kashmir) join Pakistani state which was prove a failed military regime in 1971 and onward.
What`s happening with Pakistan in 2009,its not a better then the past,there are no guarantee of fundamental rights,basic necessity of life ,(food,health ,justice ,sugar,etc) are far far away form the reach of any common citizen.Where as their own nationalities, Balochi,Sindhi,Sariky,Pushtoon are looking for their right of self determination which were denied by the military and civil establishment since 1947?
In these circumstances the region of Gilgit Baltistan which is a full of water and natural resources i.e Pakistan is a one of the larger country exporting gem stones to the world apart from the Swat all other places are in GB and Azad Kashmir.With this Geo-political position GB have large number of rich natural water resources and Pakistan failed to build a Kala Bagh dam but Govt.of Pakistan building a many Dames without the consent and wishes of the people of POGB.There are many other examples of exploitation done by the Pakistani state in these areas.
Either in Azad Kashmir a smiler story of colonial exploitation of Pakistani state with their allies in POK working under the shelter of Pakistani military.Mangle dam was built in 1966 in Mirpur Azad Kahmir and recent years its upgrading through an agreement done by Govt. of Pakistan, Chief Secretary of Azad Kashmir (Must be a Pakistani national -Act-1974) and Pakistn WAPDA(Pakistan. Water and Power Development Authority).It s production of electricity is more then one thousand MW (1000,Mega Watt) and the total requirement of electricity consumption in Azad Kashmir is less then three hundred ( 300,MW) but electricity is unavailable in Azad Kashmir and its prices are higher in price then in Pakistani province Punjab.
Even its full royalty was not paid by any POK Govt. and POK authorities have not any control on it.
In context of some examples mention above we need to see the hypocrisy of the Islamabad through historical documents,events.
1-
Historical Documents
Kashmir-Pak Standstill Agreement.
Telegram from Prime Minister, Kashmir State,
to Sardar Abdur Rob Nishtor,
States Relations Department, Karachi
12th August, 1947
Legal Document No 110
Jammu and Kashmir Government would welcome Standstill Agreements with Pakistan on all matters on which these exist at present moment with outgoing British Indian Government. It is suggested that existing arrangements should continue pending settlement of details and formal execution of fresh agreement.
Telegram from Foreign Secretary,
Government of Pakistan, Karachi,
to Prime Minister of Jammu and Kashmir
15th August, 1947
Legal Document No 111
Your telegram of the 12th. The Government of Pakistan agree to have a Standstill Agreement of Jammu and Kashmir for the continuance of the existing arrangements pending settlement of details and formal execution of fresh agreements.
Whats Pakistani ruling eliete returns with the help of their Kashmiri puppets.
(POGB) KARACHI PACT 28TH APRIL 1949 REFLECTION OF PAKISTANI KASHMIR POLICY.
(Mustaq Goormani Minister without any portfolio (office), POK Govt(Sardar Ibriaham KhanPresidant POK Govt). and the Muslim Conference(Ch.Gulam Abbas President Muslim Confrence)
Pakistan retained control of the following subjects :
1. Defence
2. Foreign policy’ of POK
3. Rehabilitation of refugees and
4. Control over all affairs of Gilgit and Ladakh.
The POK government was saddled with overseeing:
1. The policy with regard to administration
2. General supervision of administration, and
3. Publicity of its own activities. The charter of the Muslim Conference was restricted to publicity on the plebiscite and ‘general guidance of the POK government’. The Karachi Pact was a landmark in that it sought to institutionalize Kashmiri subservience to Pakistan and put POK in its place.
2-Whats the Constitution of 1973 Islamic Republic of Pakistan`s say on Kashmir?
Article-257. Provision relating to the State of Jammu and Kashmir.
When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and that State shall be determined in accordance with the wishes of the people of that State.
What the Govt. of Pakistan delivering to the people of GB as defacto fifth provice of Pakistan in
“GILGIT-BALTISTAN EMPOWERMENT AND SELF GOVERNANCE ORDER -2009”.
Defacto province of Gilgit Baltistan ,
Shall be proposed under Article 2(f) described territory of Pakistan which needs to be approved by Pakistani Parliament (Assembly and Senate) with two third majority.
Article-54. Summoning and prorogation of Majlis-e-Shoora (Parliament).
55. Voting in Assembly and quorum.
56. Address by President of Pakistan
80. Annual Budget Statement.
81. Expenditure charged upon Federal Consolidated Fund.
82. Procedure relating to Annual Budget Statement.
83. Authentication of schedule of authorised expenditure.
87. Secretariats of Majlis-e-Shoora (Parliament).
Defato province of Paksian treated under the costitution of Pakistan as other four prvices were treted.Thats why they opinted a Adhoc Governer (King) to rigged coming elections on 12th November 2009 with the results of their own choice.
Does the Adhock Governer of Gigit Baltistan Mr.Qumar Zaman Kiara is qualify for sauch post under the State Subject Rule of the State of Jammu Kashmir.The answer is NO.
Historical Documents
State Subject Definition Notification
20th April, 1927
Legal Document No 44
No. I-L/84. – The following definition of the term “State Subject” has been sanctioned by his Highness the Maharaja Bahadur (vice Private Secretary’s letter No. 2354, dated the 31st January, 1927 to the Revenue Member of Council) and is hereby promulgated for general information.
The term State Subject means and includes:
Class I. – All persons born and residing within the State before the commencement of the reign of His Highness the late Maharaja Ghulab Singh Sahib Bahadur, and also persons who settled the rein before the commencement of samvat year 1942, and have since been permanently residing therein.
Class II. – All persons other than those belonging to Class I who settled within the State before the close of samvat year 1968, and have since permanently resided and acquired immovable property therein.
Class III. – All persons, other than those belonging to Classes I and II permanently residing within the State, who have acquired under a rayatnama any immovable property therein or WIZO may hereafter acquire such property under an ijazatnama and may execute a rayatnama after ten years continuous residence therein.
Class IV. – Companies which have been registered as such within the State and which, being companies in which the Government are financially interested or as to the economic benefit to the State or to the financial stability of which the Government are satisfied, have by a special order of His Highness been declared to be State subjects.
Note I. – In matters of grants of the State scholarships State lands for agricultural and house building purposes and recruitment to State service, State subjects of Class 1 should receive preference over other classes and those of Class 11, over Class III, subject, however, to the order dated 31st January, 1927 of his Highness the Maharaja Bahadur regarding employment of hereditary State Subjects in Government service.
Note II. – The descendants of the persons who have secured the status of any class of the State Subjects will be entitled to. become the State Subject of the same class. For example, if A is declared a State Subject of Class II his sons and grand sons will ipso facto acquire the status of the same Class (II) and not of Class I.
Note III. – The wife or a widow of a State Subject of any class shall acquire the status of her husband as State Subject of the same Class as her husband, so long as she resides in the State and does not leave the State for permanent residence out-side the State.
Note IV. – For the purpose of the interpretation of the term ‘State Subject’ either with reference to any law for the time being in force or otherwise, the definition given in this Notification as mended up to date shall be read as if such amended definition existed in this Notification as originally issued.
NOTIFICATION
(Issued by order of His Highness the Maharaja Bahadur dated Srinagar, the 27th June 1932, (14th Har, 1989, published In Government Gazette dated 24th Har, 1989).
No.13L/1989. – -Whereas it is necessary to determine the status of Jammu and Kashmir State Subjects in foreign territories and to inform the Government of Foreign States as to the position of their nationals in this state, it is hereby commanded and notified for public information, as follows:
1. That all emigrants from the Jammu and Kashmir State to foreign territories shall be considered State Subjects and also the descendants of these emigrants born aboard for two generations. Provided that, these nationals of the Jammu and Kashmir State shall not be entitled to claim the internal rights granted to subjects of this State by the laws, unless they fulfill the conditions laid down by those laws and rules for the specific purposes mentioned therein.
2. The foreign nationals residing in the State of Jammu and Kashmir shall not acquire the nationality of the Jammu and Kashmir State until after the age of 18 on purchasing immovable property under permission of an ijazatnama and on obtaining a rayatnama after ten years continuous residence in the Jammu and Kashmir State as laid down in Notification No.-I-L. of 1984, dated 20th April, 1927.
3. Certificates of nationality of the Jammu and Kashmir State may, on application, be granted by the Minister-in Charge of the Political Department in accordance with the provision of section I of this Notification.
3-The UNCIP unanimously adopted this Resolution on 13-8-1948.
Resolves to submit simultaneously to the Governments of India and Pakistan.
Members of the Commission: Argentina. Belgium, Columbia, Czechoslovakia and U.S.A.
PART III
The Government of India and the Government of Pakistan reaffirm their wish that the future status of the State of Jammu and Kashmir shall be determined in accordance with the will of the people and to that end, upon acceptance of the Truce Agreement both Governments agree to enter into consultations with the Commission to determine fair and equitable conditions whereby such free expression will be assured.
So through all these arguments means to the areas of Gilgit Baltistan are belongs to its state subject holders of the entire forcibly divided state of Jammu Kashmir and the Govt.of Pakistan can`t be uniletrely witdrawn from those promises made by the Kashmiri people,India and in the UN.
Against the wishes and aspirations of the people of GB this frame work order will be reject by people of Jammu Kashmir.
Its now up to the Kashmiri leadership to oppose and reject this act of Pakistani occupation on GB in every possible way of protest every where in the world.
We have to say no to the GB as a new Pakistani province and take our struggle in our own hands and build an Independent,Seculer and Unified state of Jammu Kashmi with the wisehes of its own people.
Written By,
Nadeem
Gilgit Baltistan again victim of pakistani state.
It is very unfortunate that Govt of Pakistan has once again insulted our two million brothers and sisters from Gilgit Baltistan region of northern Kashmir. It is an unbelievable joke for every Kashmiri living in three parts of divided Kashmir. Is this really a joke or Pakistani rulers have gone out mind, or some thing in between, no body knows what people of this unfortunate region has done wrong to Pakistani state. Why Pakistani state has made this decision and what they have on their mind, who has produced this so called package of Governor rule as correctly said by one political leader from this region. Is it really true that Pakistani rulers have no understanding of the region nor awareness of the aspirations of the people of the region? or do they really think that people of this region do not deserve more than this insulting package? Is it the interests of Pakistani people to trap this region in another slavery package or is it the expansionist policy of Pakistani ruling class which is blind,deaf and incapable of playing any role in the region. The most surprising thing is that all this has came out during this so called democratic Govt in Islamabad. What is it all about?
We all know that civilian Govt in Islamabad can not initiate all this at its own risk. Most likely, military and civilian establishment is behind it and this plan has been under discussion for a while and then it was tabled and announced. Govt big brains have definitely try to trick it with the people of this region and world community. It seems like Indian have been consulted or all this is a result of track 2 diplomacy, it might be a testing case for Kashmiris also, if there is not much cries about this decision then Indian and Pakistanis would like to go ahead with their arranged policy of re division of Kashmir state once again. I think that most of Kashmiri leaders from different regions have been part of this entire division plan because they have not been reacting so severely against Pakistani decision. Most of the pro- Pakistani Kashmiri leaders are reacting this decision with the understanding of Pakistani state secret agencies, so that pro- independence political parties could not manage to high light all this ill intentions plans of Indian and Pakistani states and gain more support from the masses. Even it is very true that pro independence leaders have no courage to go against all out struggle to force both countries to end their occupation. It would be impossible for pro independence political parties to get support from international community because most of them have been operating with in the frame work of Indian and Pakistani states and one region is pitting against the other one, so there is no chance to bring all regional parties together and launch united struggle against both countries. As long as Indian and Pakistanis are the only players in the region of Kashmir, they would not let kashmiri political groups to get united and create real difficulties for both countries in different regions of divided Kashmir. Indian and Pakistani influence has been so deep over the political parties and unfortunately Kashmiris have been lacking self confidence nor they believe that they would ever be able to oust both countries from their respective occupied regions of Kashmir. Most of kashmiri leaders looking for cheap adjustments from both countries and lot of them do not believe that state of Jammu Kashmir would ever be reunited as an Independent country, apparently it is true but self respected man with wisdom would be able to understand this freedom struggle through historical perspectives and Kashmir is not an exception at all in this regard, only they have to continue their freedom struggle as long as both India and Pakistan accept national aspirations of Kashmiri people.
The region Gilgit Baltistan has become a test case for the politicians of Pakistani Kashmir, both pro- Pakistani and pro-independence. Especially those who used to demand Indian Kashmir for Pakistan may not be able to save their own side. If Gilgit Baltistan would not be taken back or would not forced to be taken back, it means next target would be Pakistani Kashmir, so called Azad Kashmir. If it is true what Azad Kashmiri politicians have said that they have not been consulted over the Gilgit Baltistan issue that means Pakistani state does not give them any importance, no matter how much issue is serious. Pakistani state has been compensating these politicians from both regions of Kashmir, even Indian side most pro- Pakistani politicians have been compensated since 1947 but last 20 years Pakistani state has added many groups of politicians in her compensating list and many of them have been made millionaire out of Jihadi business launched in valley of Kashmir, since last 2 decades. What else these kashmiri politicians need in an Independent state of united Kashmir.
Gilgit Baltistan was a blunder in 1947 for local leaders of this region, even if it was true that situation was out of their hand and again it was bigger blunder in 1949, when POK Govt head Sardar Ibrahim signed Karachi agreement with Pakistani Govt to hand over Gilgit Baltistan region to Govt of Pakistan for temporary administrative arrangements. Unfortunately, none of the POK leaders including Sardar Ibrahim ever had courage to demand this region back from Pakistani state, in spite of POK supreme court,s decision that this region should be handed over to the POK Govt as soon as possible but Pakistani Govt violated the order of POK supreme court not once but many times since court,s verdict came out against Pakistani state in 1990. Since 1947 only losers have been people of this region because in this process they have been the worst victims of the state brutalities and deprived of basic human rights including right of vote, right of assembly, right of speaking against this injustices, denial of their citizenship rights, it is too brutal to make jokes to them especially in this time of 21st century in the name of restoring their national rights, granting them internal autonomy with this fake package of Governor rule after 63 long years. Is this really justice to 2 million people of this region? I would call it a shameful pretext, if Pakistani rulers do not like to grant any right to the people of this region, it would be understandable as they are habitual in this regard but they have no right to insult 2 million people of this region in name of giving them freedom.
If this region is not constitutionally part of Pakistan why its administration would be like her other provinces. If this region would be an autonomous region why it does not have been granted local autonomous administration, as it is necessary for the autonomous region. Even set up would have been like POK type without full authority still it could have been little weight to deceive people of the region or international community but it is not enough to even deceive 8 year old child from this region. After 63 years of completely ignoring this region, inflicting so many wounds, crushing their desires, treating them worst than animals, so much injustices have been doing to them have not been satisfied Pakistani rulers and they are adding insult to their injuries with only changing the name of their local administration, what else more can be done to the people of Gilgit Baltistan who have been victims of both friends and foes alike.
Regards,
Javed Inayat.