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Determining the Political Status of Gilgit-Baltistan (GB) -
Future Perspectives
By Colonel Imtiaz ul Haque (Retired), Compiled in April 2012
e mail: imtiaz19pr@yahoo.com
2
IN THE NAMEIN THE NAME
OF ALLAH ,THE MOSTOF ALLAH ,THE MOST
COMPASSIONATE ,COMPASSIONATE ,
THE MOSTTHE MOST
MERCIFULMERCIFUL
Introduction
• The accession of GB to Pakistan in 1947, is a unique case, as the
people of GB having liberated 28000 Sq miles of an area and
unconditionally ceded to Pakistan.
• However, people of GB are suffering from identity crisis for last six
and half decades because its future has been linked with resolution
of Kashmir issue.
• In the light of Karachi Agreement 1949, the region so far is
governed by Federal Government .
• Absence of representation of GB in Parliament of Pakistan reflects
rule with out representation.
• Above has led to sense of political deprivation in the masses, that
needs to be addressed.
Aim
To analyze the issue of constitutional and political
status of Gilgit- Baltistan, keeping in view its historical
background, relevant treaties and agreements and
decisions of apex courts’, with a view to offer viable
recommendation for better integration of GB with
Pakistan.
Sequence
• Part - 1. Recapitulation of history and relevant
treaties and agreements.
• Part - 2. Decisions of apex courts.
• Part - 3. GB Boundaries
• Part - 4. Political Status of GB – future perspectives.
• Part - 5. Conclusions from history, treaties,
agreements and Courts’ decisions.
Re Captulation -
Demographic Realties of GB Region
Gilgit Baltistan and Neighbours
Gilgit Baltistan - Political Boundaries
Population – 1.3 Million
Populationinlakh
Districts
Ethnic Groups
Populationinlakh
Tribes
Languages
Populationinlakh
Languages
Sectarian Composition
Percentage
Sects
MAJOR CONCLUSIONS
Conclusions from Historical Perspective
• The ancient history of GB is not much in recorded form. In
era BC, the region was ruled by imperial powers from Central
Asia and China.
• However medieval age is signified by rule of selected local
dynasties in respective valleys, which continued till
independence in 1947 and even thereafter up to 72.
• The British interest in this region grew in the latter half of 19th
Century, in view of the threat posed to British India by Czarist
Russia and later communism.
Conclusions from Historical Perspective
• Sequel to the treaty of Amritsar in 1846, the Maharaja of
Kashmir enjoyed a suzerain status over Rulers of GB.
However, the Maharaja’s de facto rule in no way justifies the
claim of Maharaja of Kashmir over GB.
• On the eve of independence in 1947, the British handed over
GB to Maharaja of Kashmir in the light of the 1935 Lease
Agreement, disregarding popular sentiments of local
inhabitants, which was not acceptable to the masses.
• This led to the war of liberation of GB in Nov 1947 and its
accession to Pakistan
Conclusions from Historical Perspective
• The governance arrangements and administrative reforms in
post independence period have remained far below the
expectations of the people. From Frontiers Crimes
Regulations to Presidential Order 2009, the concessions and
relief has been gradual and in bits and pieces, yet not
complete.
• GB Empowerment and Self Governance Order 2009, is a
comprehensive package from administrative and governance
point of view, yet the package does not ensure integration of
GB with Pakistan.
Conclusions from Historical Perspective
• The unresolved political status of GB for last six and half
decades and linking it with Kashmir Issue has resulted into
sense of political deprivation in the masses.
• The public opinion of people of GB has neither been obtained
nor a consensus has been developed to resolve the issues
regarding its political status and citizenry rights.
• Besides undetermined political status, sectarian divide, poor
communication infrastructure, economic inactivity and non
exploitation of its natural resources remain major
governance issues, faced by Gilgit-Baltistan.
Conclusions from Treaties and
Agreements
Treaty of Lahore -1846
Article 4. the Maharajah cedes to the Honorable
Company, in perpetual sovereignty, as equivalent for one
crore of Rupees, all his forts, territories, rights and
interests in the hill countries, which are situated between
the Rivers Beas and Indus, including the Provinces of
Kashmir and Hazara.
Treaty of Amritsar-1846
• Article 1. The British Government transfers to Maharajah
Gulab Singh and the heirs all the hilly or mountainous
country with its dependencies situated to the eastward of
the River Indus and the westward of the River Ravi, being
part of the territories, ceded to the British Government
by the Lahore State according to the Treaty of Lahore,
dated 9th March, 1846.
Treaty of Lahore and Amritsar 1846.
• Comments. Surrendering to the Government of British India,
the territories situated between the Rivers Beas and Indus, by
Sikh rulers of Lahore, in no way include Gilgit-Baltistan, as the
monarchial dynasties of here enjoyed autonomous status.
Moreover, 80 percent of Gilgit-Baltistan lied towards North
and West of Indus River; hence, technically also Gilgit-
Baltistan did not form part of this Treaty. Likewise, the
provisions of this Treaty also, do not make sense for the same
reason as spelt out in Treaty of Lahore.
Treaty of Amritsar-1846
Lease of Gilgit-26 March 1935
• Article I - The Viceroy of India may at any time after the
ratification of this agreement assume the civil and military
administration of so much of the Wazarat of Gilgit province of
the State of Jammu and Kashmir as lies beyond the right bank
of the river Indus, but the said territory shall continue to be
included within the dominions of His Highness the Maharaja
of Jammu and Kashmir.
Lease of Gilgit-26 March 1935
• Article II – In recognition of the fact that the said territory
continues to be included within the dominion of His Highness
the Maharaja of Jammu and Kashmir, salutes and customary
honours shall be paid in the said territory. The flag of His
Highness will be flown at the official headquarters of the
agency throughout the year.
Lease of Gilgit-26 March 1935.
Comments. This treaty was under peculiar geo political
environment, i.e. to exercise check on the Russian communist
expansion, entering in to British India. At the time of the
deal, the Maharaja of Kashmir enjoyed a de-facto suzerain
status and not de-jure status over princely States of Gilgit-
Baltistan. Hence, this agreement does not make Gilgit-
Baltistan a constituency of Kashmir.
Karachi Agreement-1949
• Matters within the purview of the Government of Pakistan.
• Defence
• Foreign policy of AK.
• Negotiations with the UNCIP.
• Publicity in foreign countries and in Pakistan.
• Co ordination of relief and rehabilitation of refugees.
• Co ordination of publicity in connection with plebiscite.
• All activities within Pakistan regarding Kashmir such as
procurement of food, civil supplies running of refugee camps
and medical aid.
• All affairs of Gilgit - Ladakh under the control of Political
Agent.
Karachi Agreement 1949
Comments.While assigning the responsibilities with
reference to matters relating to Kashmir, within the purview
of the Government of Pakistan, Gilgit-Baltistan was
administratively placed under the control of Federal
Government of Pakistan. This agreement can be viewed as
the first formal, in principle recognition of Gilgit-Baltistan,
being part of Jammu and Kashmir. No consensus of people of
GB was sought in this regards.
United Nations Resolutions
Comments
Whereas United Nations Commission for India and
Pakistan (UNCIP) in all its resolutions stressed on
holding of immediate cease-fire by India and
Pakistan, reduction of forces level in Kashmir and
holding of plebiscite. There is no specific mention of
Gilgit-Baltistan in any of the resolution
Sino-pak Border Agreement 1963
Article 6. After the settlement of the Kashmir dispute
between Pakistan and India, the sovereign authority
concerned will reopen negotiations with China on the
boundary as described in.
In the event of the sovereign authority being Pakistan, the
provisions of the present agreement shall be maintained.
Sino-pak Border Agreement 1963
Comments. This agreement can be seen as the second official
declaration by Pakistan, making Gilgit-Baltistan part of Jammu
and Kashmir, as the two parties agreed that after the
settlement of the Kashmir dispute between Pakistan and
India, the sovereign authority concerned will reopen
negotiations with the Government of the People’s Republic of
China on the boundary as described in this agreement.
Conclusions
From Courts’ Verdicts
Aj&k High Court’s Ruling18 March 1993
AK Government to immediately assume the
administrative control of the Northern Areas and to
annex it within it’s the administration, creating
administrative and judicial machinery and provide
due representation to people of GB in the legislative
assembly and council of AK.
AJ and K High Court’s Ruling 18 March 1993
Comments. The decision has based on the historical
evidences regarding pattern of rule of GB after 1840.
The Court however, did not take into account, the history of
GB prior to 1840, as the area was ruled on monarchial
pattern, for about one thousand years by local rulers.
Moreover, the demographic realities and the public opinion
were totally disregarded.
AJ&K High Supreme Court Ruling 14 March
1994
The Court viewed that the High Court of Azad
Kashmir did not have jurisdiction of hearing the case.
Thus the High Court’s decision was not upheld by the
Supreme Court AJ and K.
Ruling of Supreme Court of Pakistan
Federation of Pakistan to initiate appropriate administrative
and legislative measures within a period of six months, from
May 28, 1999, to make necessary amendments in the
Pakistan Constitution and relevant statutes, orders, rules, and
notifications to ensure that the people of Northern Areas
enjoy their fundamental rights to be governed through their
chosen representatives and to have access to justice through
an independent judiciary, inter alia, for enforcement of their
fundamental rights guaranteed under the Pakistan
Constitution.
Ruling of Supreme Court Pakistan 29 May 1999
Comments. The Court’s directive to Government of Pakistan
to, initiates administrative and legislative steps by making
necessary amendments in the Constitution and statutes, to
ensure that the people of Gilgit-Baltistan enjoy fundamental
rights, can be considered as landmark decision relating to
determination of political and constitutional status of 1.3
million inhabitants of Gilgit-Baltistan
Conclusion from Boundaries of GB
• Cis and trans borders of GB have been changed time to time.
• Mir of Hunza was deprived of its territories in China and
Wakhan corridor by Col Durand in 1892.
• Chitral was linked with KPK for administrative convenience.
• The cis frontier border of Diamer with Kohistan and Ghizar
with Chitral are disputed.
• Present trans frontier border frontiers with China are
consequent to Pak-China Agreement of 1963.
• Boundary with IOK is demarcated by LOC after Simla
Agreement and Line of Actual Contact in Siachen area.
Whether Gilgit-Baltistan is a Part
of Jammu & Kashmir ?
Arguments in Support
• GB was part of the State of J&K prior to 15 August 1947,
divided into Jammu, Kashmir, Laddakh and Gilgit provinces.
• Gilgit leased out for 60 years by Maharaja which ended on 1st
August 1947 and areas were restored to the State.
• Under Karachi Agreement wherein certain functions were
distributed and administrative control of GB was entrusted to
Government of Pakistan , temporarily.
• The said agreement lapsed on enforcement of Aj&k Govt Act
170, substituted by Act, 1974
• The GB as part of J&K acknowledged in UN Resolutions, Sino-
Pak Border Agreement of 1963, and Simla Agreement 1972.
• As per 1956, 1962 and 1973 Constitutions of Pakistan, GB did
not forms part of territories included in Pakistan
Arguments in Support
• As per census report of British India held in 1911, 1921, 1931,
and 1941, Northern Areas were shown part of J&K.
• The record of settlement carried out in 1925, also shows
Northern Areas as part of Jammu and Kashmir State.
• During the leased period, the flag of Jammu and Kashmir
remained hoisted in Gilgit; the right of exploration of minerals
was vested with Maharaja of Kashmir. The Mirs of the
princely state were awarded appointment letter by Maharaja
and the rulers States paid annual tribute to Maharaja of
Kashmir.
• As per maps issued by survey of Pakistan in 1954 and
thereafter, GB shown as a part of Jammu and Kashmir.
Arguments in Support
• As per Treaty of Lahore 1946 and Treaty of Amritsar Northern
Areas formed part of state of J&K.
• Sir Muhammad Zafar ullah Khan, the then Foreign Minister of
Pakistan, speech in Security Council on January 16, 1948,
• Section 7(i) (b) of the Independence Act 1947, being relevant
to point under consideration is reproduced as follow, “ As
from the appointed day, the suzerainty of British over the
Indian States shall lapse.
• The Mirs (rulers) were granted “Sanad” (Nomination /
appointment letter) by to Maharaja of Kashmir.
Arguments Against the Motion
• The history of GB prior to year1846 has been completely ignored.
• The diversities emanating from customs, traditions, culture and caste are
ignored, nothing in common between GB and J&K except religion.
• The geographical realities and hardships imposed by the terrain between
GB and J&K are not considered i.e. the traditional passes between GB and
J&K remain blocked for better half of the year due to heavy snow.
• After liberating GB in 1947, the Revolutionary Command Council opted for
Pakistan and not for J&K and asked Govt of Pakistan to take the GB in its
administrative control.
• As per law, HR charter and norms the sons of the soil are the custodians
of the land and to decide their own fate; that has already been given in
favour of Pakistan, back in 1947 through accession letters by the Mirs and
decision of Revolutionary Command Council.
• Maharaja of Kashmir enjoyed suzerainty only, over princely States of GB.
No more Maharaja of Kashmir, no more J&K’s claim over GB.
• Agreements of colonial masters no more valid and authentic in post
independence era.
Pattern of Governance
in Pre and Post Independence Era
44
1878 To 1950 Political Agent
1950 To 1986 Resident Commissioner
1986 To 1992 Administrator
1992 To 1994 Chief Commissioner
1994 To-date Chief Secretary
Politico-administrative Arrangements
45
1970 NA Advisory Council with 14 members
1972 FCR abolished
1975 Re-named N.A Council with 18 members.
1994 Addition of seats (6 for men 2 for women) total 26. Post of
Deputy Chief Executive along with 3 to 5 Advisors were created.
1999 Re-named as NALC and Powers to legislate on 49 subjects, the
seat of Speaker & 3 women seats also added.
2004 6 seats of technocrats were created and women seats
were increased from 3 to 6 ( one from each district)
2007 Northern Areas Legislative Assembly
2009 GBLA, GB empowerment order 2009
Legislative Evolution
Gilgit-Baltistan Empowerment and Self
Governance Order, 2009.
• The name, GB instead of the Northern Areas of Pakistan.
• Appointment of Governor, the Chief Minister and 6 ministers.
• Right to be ruled by own elected representatives and
provision of fundamental rights as guaranteed in 1973
Constitution
• Elected legislative assembly headed by speaker, consisting of
24 elected members, 6 women and 3 technocrats, have
powers to make laws on 61 subjects.
• GB Cabinet, Chief Minister, assisted by six ministers and two
advisers.
Gilgit-Baltistan Empowerment and Self
Governance Order, 2009
•Establishment of Public Service Commission, the Chief Election
Commissioner and the Auditor General.
•Creation of GB Consolidated Fund .
• Establishment of 15 member GB Council, (just like Senate) with Prime
Minister as its Chairman, Governor, Chief Minister,6 nominees from GBLA
and 6 nominees by Prime Minister of Pakistan, from down country, as its
members
•Establishment of Supreme Appellate Court as Supreme Court and Chief
Court in place of High Court.
PUBLIC OPINION OBTAINED
THROUGH QUESTIONNAIRE
QUESTIONNAIRE
• People of GB face identity crisis, due to undetermined
political / constitutional status.
• GB is historically a part of J&K.
• GB is part of Pakistan, as its people liberated it in November
1947 and ceded to Pakistan.
• An autonomous and independent GB is a viable option.
• GB Empowerment and Self Governance Order2009, is a
comprehensive package and addresses the people’s sense of
political deprivation, admin and governance issues.
QUESTIONNAIRE
• Interim provincial status to GB, right of vote and due
representation in the Parliament of Pakistan, is a
viable and popular option.
• Ending of 1949 Karachi agreement and merging of GB
with AJ&K is a viable option.
• GB should form part of KPK province, on the basis of
its geographical proximity.
District/Region Wise Profile of Respondents
• Gilgit District - 145 respondents
• Hunza Nagar District - 40 do
• Ghizer District - 28 do
• Diamer District - 35 do
• Astor District - 17 do
• Baltistan Region - 29 do
• Total - 294 do
Profession Wise Profile of Respondents
• Members GBLA - 10 respondents
• Lawyers - 30 do
• Politicians - 36 do
• Clergy - 38 do
• General educated people - 60 do
• University students - 120 do
• TOTAL - 294 do
Question wise Responses
Q 1: People of GB face identity crisis, due to
undetermined political/constitutional status.
Q2. GB is historically a part of Jammu and Kashmir.
Q 3: GB is part of Pakistan as people of GB liberated it
in Nov 1947 and ceded to Pakistan.
Q 4: An autonomous and independent GB is a viable
option.
Q 5: GB Empowerment and Self Governance Order2009 is a
comprehensive package and addresses the people’s sense of
political deprivation, administrative and governance issues.
Q 6: Interim provincial status to GB, right of vote and
due representation in the parliament of Pakistan is a
viable and popular option.
Q 7: Ending of 1949 Karachi agreement and merging of
GB with AJ&K is a viable option.
Q 8: GB should form part of KPK province, on the
basis of its geographical proximity.
Summary- Over All Result
Strongly
Agree
Agree Neutral Disagree Strongly disagree Don’t know
Q-1 127 122 8 18 16 3
Q-2 73 84 9 59 84 5
Q-3 105 107 18 1 33 5
Q-4 57 76 60 63 33 5
Q-5 19 97 53 70 47 8
Q-6 119 109 32 18 12 4
Q-7 14 68 22 81 96 13
Q-8 8 13 14 70 185 4
GB’s Political Status – Future Perspectives
Importance of GB for Pakistan
• GB lies at the junction point of four countries
Pakistan, China, Afghanistan and India. CARs are
at stretch of only 12 km across Wakhan strip .
• KKH, linking Pakistan with China, is of immense
strategic importance and defence value, providing
a safe and reliable land route, which can be used
as one of the alternative main supply lines, in case
of a naval blockade.
• KKH is equally important for China, offering a
trade route for its import / export through sea
ports of Gawadar and Karachi (Pak-China
Economic Corridor).
Importance of GB for Pakistan
• As situation in Afghanistan remains turbulent,
fragile and uncertain, making land route access to
CARs is unsafe; GB offer safer access to CARs, via
China or from Hunza and Ghizer valleys, across
narrow Wakhan strip.
• Indus and its tributaries serve as life line arteries
for agriculture and power generation of Pakistan.
Although Indus originates from Tibetan
mountains in IOK but bulk of its water originates
from the mountain and glaciers of GB.
Importance of GB for Pakistan
• India can effectively regulate or block other rivers,
Jhelum, Neelum and Chenab, but can’t do much
with Indus.
• GB has the capacity to meet the entire electricity
requirement of Pakistan (40,000 MW) and
enormous potential for storage of water.
Option for Determining Political Future of GB
• Option 1. Interim provincial status with right of vote and
representation in the Parliament of Pakistan.
• Option 2. Ending Karachi Agreement 1949 and merging GB
With AJ&K.
• Option 3. Providing status akin to AJ&K.
• Option 4. GB as 5th
Constitutional Province of Pakistan with
right of vote and representation in the its Assemblies .
Option 1.
Interim provincial status with right of vote and
representation in Parliament - Advantages
• The sense of political deprivation of the people of
GB, with regards to identity and representation, will
be addressed and the future of GB determined as per
their wishes.
• The option ensures better integration of GB with the
mainstream political system of Pakistan.
• Kashmiri leadership, India and United Nations can be
satisfied, as it will be “interim/provisional status”, i.e.
retaining the disputed status of GB as part of Jammu
and Kashmir.
Option 1 - Advantages
• Stronger stance to answer India and world as India
has already given representation to J&K and Ladakh.
• As the settlement of Kashmir issue, as per UN
resolutions is difficult in foreseeable future, relief
could be provided to people of GB, yet retaining the
flexibility of use of vote of GB in favor of Pakistan in
case of a plebiscite.
• If Pakistan at some stage feels that the ‘status quo’ is
the future of Kashmir issue, this option would serve
better the interest of Pakistan.
Option 1 - Advantages
• In case the plebiscite in which third option ,
independent Jammu and Kashmir materialize, the
people of GB will still vote for Pakistan.
• The options require minimum organizational and
structural changes.
• The uprising nationalist movement and centrifugal
tendencies will be defeated.
• The option has over whelming support of the people
of GB.
Option 1 – Dis advantages
• The pro Pakistani Kashmiri political leadership on the both
sides of the line of control may not like it.
• A step amounting to weakening Pakistan’s original stance
with respect to Kashmir issue.
• It can be termed a step towards recognition of status quo,
which is more of an Indian desire.
• The political status of GB yet remains in flux and hang on and
the original desire/demand of the people for accession to
Pakistan is not fully addressed.
• As the public opinion keeps on changing, this move may
become counterproductive and may ignite support for
independent Gilgit-Baltistan at a later stage.
Option 2.
Ending Karachi Agreement and Merging Gilgit-
Baltistan With AJ&K - Advantages
• Supplements Pakistan’s principal stance regarding resolution
of Kashmir issue through plebiscite, as per UN resolutions.
• Political leadership on both sides of Line of Control will
welcome this step.
• The people of Gilgit-Baltistan, belonging to Kashmiri caste and
possibly some percentage of people from Diamer and Astor
district may welcome this step.
Option 2.
Ending Karachi Agreement and Merging Gilgit-
Baltistan With AJ&K – Dis Advantages
• The sense of political deprivation of people of Gilgit-Baltistan
will increase.
• Will have shocking effect for the majority of the people of
Gilgit-Baltistan, whose forefathers opted for Pakistan in 1947.
• Shia, Ismaili and Noorbaksh, who form 75% of the population
of Gilgit-Baltistan, will definitely resist it.
• Nationalist and pro-independence trends will be encouraged.
Option 2.
Ending Karachi Agreement and Merging Gilgit-
Baltistan With AJ&K – Dis Advantages
• India’s stance about Gilgit-Baltistan as their part, will be
justified.
• The political leadership of Azad Jammu and Kashmir will
dominate and Gilgit-Baltistan will become a minority in Azad
Jammu and Kashmir Assembly.
• More governance and administrative inconveniences due to
distances and communication problems of GB with Azad
Jammu.
Option 3
Providing Status Akin To AJ&K - Advantages
• The issues relating to self-governance and internal autonomy
will be better addressed as Gilgit-Baltistan will attain status of
state akin to that of Azad Jammu and Kashmir, having own
interim Constitution, flag, President, Prime Minister, the
Assembly and judicial infrastructure.
• Minimum organizational and structural changes will be
required, as existing infra-structure is almost on the similar
lines except the change of names /appointments, i.e.
President and prime Minister instead of Governor and Chief
Minister.
Option 3
Providing Status Akin To AJ&K - Dis advantages
• The basic demand of the people, i.e. integration with Pakistan would
remain un- addressed.
• A State for 1.3 million people of Gilgit-Baltistan may not be a viable
administrative and financial option.
• Autonomous State status has never been a demand of people of GB.
• The pro Pakistani Kashmiri leadership on both sides of line of control will
bitterly oppose it.
• It will be difficult for Pakistan to justify its principle stance in UN.
• Nationalist parties striving for autonomous State will be encouraged.
• The sectarian and mal governance will be pronounced in the absence of
supervision and a neutral monitor .
Option 4
GB as 5th
Constitutional Province of Pakistan - Advantages
• Admissible under Art. 1 (2) (d) of 1973 Constitution which
says, “Territories of Pakistan shall comprise, such States and
territories as are or maybe included in Pakistan, whether by
accession or otherwise”
• To the best satisfaction of people of GB.
• Issue of GB political future settled once for all.
• Pakistan has a justified reason to do it, when see in historical
perspective.
Option 4
5th
Constitutional Province of Pakistan – Disadvantages
• U turn on principle stance and Kashmir Policy.
• Unacceptable to Kashmiris on both sides of LOC, amounting
to annoying them and loosing their support for accession to
Pakistan.
• Difficult to justify because of Karachi Agreement and Sino –
Pak Border Agreement 1963.
Recommendations
Core Recommendation –
Interim Integration of Gilgit-Baltistan with Pakistan
The Supreme Court of Pakistan in its landmark decision on the
subject has underlined a course of action to solve the issue. With
the enforcement of Gilgit-Baltistan (Empowerment and Self
Governance) Order, 2009, a portion of the Supreme Court’s
judgment order has been fulfilled. However, issue relating to
representation of Gilgit-Baltistan in the Parliament of Pakistan,
ensuring better integration of Gilgit-Baltistan with the main
stream politics of Pakistan, is yet to be decided by the
Parliament and Executive. The establishment of the Gilgit-
Baltistan Council is a step in this direction, but more of symbolic
in nature. Ideally, the merger of Gilgit-Baltistan with Pakistan as
its fifth province would bring an end to the identity crisis once
for all. However, in view of the Government’s policy adopted so
far, a complete policy shift may not be a viable option.
Core Recommendation –
Interim Integration of GB with Pakistan
In the prevailing context “interim provisional status to Gilgit-
Baltistan with right of vote and representation in Parliament
of Pakistan” is viewed as best possible option. For this
purpose, necessary legislation and amendment in 1973
Constitution can be made, as permissible vide para 1 (2) (d) of
the Constitution of Pakistan 1973.
Since representation in the National Assembly is based on
population ratio, conveniently three elected representatives,
one each for three divisions, i.e. Gilgit, Baltistan and Diamer
respectively, can be managed. One women seat can be kept
for GB.
Core Recommendation –
Interim Integration of GB with Pakistan
For representation in the Senate of Pakistan, Gilgit-Baltistan
may be considered as an interim federating unit with due
recognition and representation as in case of other federating
units. Pakistan can justify its stance, as India has already
extended its constitutional jurisdiction to the part of Jammu
and Kashmir under its administrative control, including
Laddakh region. Moreover, Kashmir issue also remains unhurt
due to interim nature of the provision.
Subsidiary Recommendations
• Extension of bench of Supreme Court of Pakistan, bringing GB
under wider judicial umbrella.
• Establishment of institutions like office of Provincial Public
Service Commission, Provincial Ombudsman, office of
Provincial Consolidated Fund, etc, as permissible under the
Constitution of Pakistan 1973.
• Due representation of GB in Council of Common Interest, NFC
award and other national level forums, having representation
of federating units.
• Determination of due share / royalty of projects of national
magnitude, like Diamer Basha Dam, Bunji hydel project and
mineral, tourism and water resources.
• Safeguarding economic interests of GB in Pak-China Economic
Corridor project.
Strategy to Fight Menace of Sectarianism
The awareness to the fact that people of GB have to live in
an environment of mutual co-existence is of utmost
important. Whereas, the overall responsibility of handling the
issue rests with the govt, the clergy and civil society also need
to play their role. There is a need to realize that the diversity
is a hard fact of modern societies. It is with the sense of
accommodation and tolerance that people of GB can have a
prosperous life. The performance of LEAs and Judiciary need
mark improvement.
Development of Communication
The prosperity of GB is associated with better communication
links with the main land, Pakistan. For this purpose
Karakorum High Way which serves as life line artery, needs to
be maintained. The alternative road to Gilgit- Baltistan via
Kaghan-Naran- Babusar-Chilas, which is a short cut of 120
kilometer to Gilgit from Islamabad. As the flight schedule to
Gilgit and Skardu are often disturbed by inclement weather,
there is a need to upgrade the existing airports and arrange
for passenger aircrafts capable of operating in all weather.
This will tremendously boost tourism in Gilgit-Baltistan
Exploiting Potentials and Resources
• Promotion of tourism
• Exploration of mineral and natural resources
• Exploiting the enormous potential of production of
hydro electricity
• Development and promotion of cottage industry i.e.
fruit preservation, juices and beverages and
handicrafts.
• Social Development through establishment of
institutions like, a medical college, a poly technical
college and a cadet college in each region.
Conclusion
Sense of political deprivation of people of GB is a sour issue
and requires immediate attention of political leader ship. An
earnest effort has been put in to identify the nature and
gravity of the problem and suggest measures to address the
issue.
All relevant factors, including historical aspect, pertinent
treaties and agreements, the court’s decisions and public
opinion, have been analysed before drawing conclusions and
recommendations.
It is hoped that this effort helps the readers in general and
people at the helm of affair in particular to understand the
subject and get a fair idea about the available options to
address the issue of sense of political deprivation of the
people of GB, ensuring its better future integration with
Pakistan.

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Determining the Political Status of Gilgit-Baltistan - Future Perspective

  • 1. Determining the Political Status of Gilgit-Baltistan (GB) - Future Perspectives By Colonel Imtiaz ul Haque (Retired), Compiled in April 2012 e mail: imtiaz19pr@yahoo.com
  • 2. 2 IN THE NAMEIN THE NAME OF ALLAH ,THE MOSTOF ALLAH ,THE MOST COMPASSIONATE ,COMPASSIONATE , THE MOSTTHE MOST MERCIFULMERCIFUL
  • 3. Introduction • The accession of GB to Pakistan in 1947, is a unique case, as the people of GB having liberated 28000 Sq miles of an area and unconditionally ceded to Pakistan. • However, people of GB are suffering from identity crisis for last six and half decades because its future has been linked with resolution of Kashmir issue. • In the light of Karachi Agreement 1949, the region so far is governed by Federal Government . • Absence of representation of GB in Parliament of Pakistan reflects rule with out representation. • Above has led to sense of political deprivation in the masses, that needs to be addressed.
  • 4. Aim To analyze the issue of constitutional and political status of Gilgit- Baltistan, keeping in view its historical background, relevant treaties and agreements and decisions of apex courts’, with a view to offer viable recommendation for better integration of GB with Pakistan.
  • 5. Sequence • Part - 1. Recapitulation of history and relevant treaties and agreements. • Part - 2. Decisions of apex courts. • Part - 3. GB Boundaries • Part - 4. Political Status of GB – future perspectives. • Part - 5. Conclusions from history, treaties, agreements and Courts’ decisions.
  • 6. Re Captulation - Demographic Realties of GB Region
  • 7. Gilgit Baltistan and Neighbours
  • 8. Gilgit Baltistan - Political Boundaries
  • 9. Population – 1.3 Million Populationinlakh Districts
  • 14. Conclusions from Historical Perspective • The ancient history of GB is not much in recorded form. In era BC, the region was ruled by imperial powers from Central Asia and China. • However medieval age is signified by rule of selected local dynasties in respective valleys, which continued till independence in 1947 and even thereafter up to 72. • The British interest in this region grew in the latter half of 19th Century, in view of the threat posed to British India by Czarist Russia and later communism.
  • 15. Conclusions from Historical Perspective • Sequel to the treaty of Amritsar in 1846, the Maharaja of Kashmir enjoyed a suzerain status over Rulers of GB. However, the Maharaja’s de facto rule in no way justifies the claim of Maharaja of Kashmir over GB. • On the eve of independence in 1947, the British handed over GB to Maharaja of Kashmir in the light of the 1935 Lease Agreement, disregarding popular sentiments of local inhabitants, which was not acceptable to the masses. • This led to the war of liberation of GB in Nov 1947 and its accession to Pakistan
  • 16. Conclusions from Historical Perspective • The governance arrangements and administrative reforms in post independence period have remained far below the expectations of the people. From Frontiers Crimes Regulations to Presidential Order 2009, the concessions and relief has been gradual and in bits and pieces, yet not complete. • GB Empowerment and Self Governance Order 2009, is a comprehensive package from administrative and governance point of view, yet the package does not ensure integration of GB with Pakistan.
  • 17. Conclusions from Historical Perspective • The unresolved political status of GB for last six and half decades and linking it with Kashmir Issue has resulted into sense of political deprivation in the masses. • The public opinion of people of GB has neither been obtained nor a consensus has been developed to resolve the issues regarding its political status and citizenry rights. • Besides undetermined political status, sectarian divide, poor communication infrastructure, economic inactivity and non exploitation of its natural resources remain major governance issues, faced by Gilgit-Baltistan.
  • 18. Conclusions from Treaties and Agreements
  • 19. Treaty of Lahore -1846 Article 4. the Maharajah cedes to the Honorable Company, in perpetual sovereignty, as equivalent for one crore of Rupees, all his forts, territories, rights and interests in the hill countries, which are situated between the Rivers Beas and Indus, including the Provinces of Kashmir and Hazara.
  • 20. Treaty of Amritsar-1846 • Article 1. The British Government transfers to Maharajah Gulab Singh and the heirs all the hilly or mountainous country with its dependencies situated to the eastward of the River Indus and the westward of the River Ravi, being part of the territories, ceded to the British Government by the Lahore State according to the Treaty of Lahore, dated 9th March, 1846.
  • 21. Treaty of Lahore and Amritsar 1846. • Comments. Surrendering to the Government of British India, the territories situated between the Rivers Beas and Indus, by Sikh rulers of Lahore, in no way include Gilgit-Baltistan, as the monarchial dynasties of here enjoyed autonomous status. Moreover, 80 percent of Gilgit-Baltistan lied towards North and West of Indus River; hence, technically also Gilgit- Baltistan did not form part of this Treaty. Likewise, the provisions of this Treaty also, do not make sense for the same reason as spelt out in Treaty of Lahore.
  • 23. Lease of Gilgit-26 March 1935 • Article I - The Viceroy of India may at any time after the ratification of this agreement assume the civil and military administration of so much of the Wazarat of Gilgit province of the State of Jammu and Kashmir as lies beyond the right bank of the river Indus, but the said territory shall continue to be included within the dominions of His Highness the Maharaja of Jammu and Kashmir.
  • 24. Lease of Gilgit-26 March 1935 • Article II – In recognition of the fact that the said territory continues to be included within the dominion of His Highness the Maharaja of Jammu and Kashmir, salutes and customary honours shall be paid in the said territory. The flag of His Highness will be flown at the official headquarters of the agency throughout the year.
  • 25. Lease of Gilgit-26 March 1935. Comments. This treaty was under peculiar geo political environment, i.e. to exercise check on the Russian communist expansion, entering in to British India. At the time of the deal, the Maharaja of Kashmir enjoyed a de-facto suzerain status and not de-jure status over princely States of Gilgit- Baltistan. Hence, this agreement does not make Gilgit- Baltistan a constituency of Kashmir.
  • 26. Karachi Agreement-1949 • Matters within the purview of the Government of Pakistan. • Defence • Foreign policy of AK. • Negotiations with the UNCIP. • Publicity in foreign countries and in Pakistan. • Co ordination of relief and rehabilitation of refugees. • Co ordination of publicity in connection with plebiscite. • All activities within Pakistan regarding Kashmir such as procurement of food, civil supplies running of refugee camps and medical aid. • All affairs of Gilgit - Ladakh under the control of Political Agent.
  • 27. Karachi Agreement 1949 Comments.While assigning the responsibilities with reference to matters relating to Kashmir, within the purview of the Government of Pakistan, Gilgit-Baltistan was administratively placed under the control of Federal Government of Pakistan. This agreement can be viewed as the first formal, in principle recognition of Gilgit-Baltistan, being part of Jammu and Kashmir. No consensus of people of GB was sought in this regards.
  • 28. United Nations Resolutions Comments Whereas United Nations Commission for India and Pakistan (UNCIP) in all its resolutions stressed on holding of immediate cease-fire by India and Pakistan, reduction of forces level in Kashmir and holding of plebiscite. There is no specific mention of Gilgit-Baltistan in any of the resolution
  • 29. Sino-pak Border Agreement 1963 Article 6. After the settlement of the Kashmir dispute between Pakistan and India, the sovereign authority concerned will reopen negotiations with China on the boundary as described in. In the event of the sovereign authority being Pakistan, the provisions of the present agreement shall be maintained.
  • 30. Sino-pak Border Agreement 1963 Comments. This agreement can be seen as the second official declaration by Pakistan, making Gilgit-Baltistan part of Jammu and Kashmir, as the two parties agreed that after the settlement of the Kashmir dispute between Pakistan and India, the sovereign authority concerned will reopen negotiations with the Government of the People’s Republic of China on the boundary as described in this agreement.
  • 32. Aj&k High Court’s Ruling18 March 1993 AK Government to immediately assume the administrative control of the Northern Areas and to annex it within it’s the administration, creating administrative and judicial machinery and provide due representation to people of GB in the legislative assembly and council of AK.
  • 33. AJ and K High Court’s Ruling 18 March 1993 Comments. The decision has based on the historical evidences regarding pattern of rule of GB after 1840. The Court however, did not take into account, the history of GB prior to 1840, as the area was ruled on monarchial pattern, for about one thousand years by local rulers. Moreover, the demographic realities and the public opinion were totally disregarded.
  • 34. AJ&K High Supreme Court Ruling 14 March 1994 The Court viewed that the High Court of Azad Kashmir did not have jurisdiction of hearing the case. Thus the High Court’s decision was not upheld by the Supreme Court AJ and K.
  • 35. Ruling of Supreme Court of Pakistan Federation of Pakistan to initiate appropriate administrative and legislative measures within a period of six months, from May 28, 1999, to make necessary amendments in the Pakistan Constitution and relevant statutes, orders, rules, and notifications to ensure that the people of Northern Areas enjoy their fundamental rights to be governed through their chosen representatives and to have access to justice through an independent judiciary, inter alia, for enforcement of their fundamental rights guaranteed under the Pakistan Constitution.
  • 36. Ruling of Supreme Court Pakistan 29 May 1999 Comments. The Court’s directive to Government of Pakistan to, initiates administrative and legislative steps by making necessary amendments in the Constitution and statutes, to ensure that the people of Gilgit-Baltistan enjoy fundamental rights, can be considered as landmark decision relating to determination of political and constitutional status of 1.3 million inhabitants of Gilgit-Baltistan
  • 37. Conclusion from Boundaries of GB • Cis and trans borders of GB have been changed time to time. • Mir of Hunza was deprived of its territories in China and Wakhan corridor by Col Durand in 1892. • Chitral was linked with KPK for administrative convenience. • The cis frontier border of Diamer with Kohistan and Ghizar with Chitral are disputed. • Present trans frontier border frontiers with China are consequent to Pak-China Agreement of 1963. • Boundary with IOK is demarcated by LOC after Simla Agreement and Line of Actual Contact in Siachen area.
  • 38. Whether Gilgit-Baltistan is a Part of Jammu & Kashmir ?
  • 39. Arguments in Support • GB was part of the State of J&K prior to 15 August 1947, divided into Jammu, Kashmir, Laddakh and Gilgit provinces. • Gilgit leased out for 60 years by Maharaja which ended on 1st August 1947 and areas were restored to the State. • Under Karachi Agreement wherein certain functions were distributed and administrative control of GB was entrusted to Government of Pakistan , temporarily. • The said agreement lapsed on enforcement of Aj&k Govt Act 170, substituted by Act, 1974 • The GB as part of J&K acknowledged in UN Resolutions, Sino- Pak Border Agreement of 1963, and Simla Agreement 1972. • As per 1956, 1962 and 1973 Constitutions of Pakistan, GB did not forms part of territories included in Pakistan
  • 40. Arguments in Support • As per census report of British India held in 1911, 1921, 1931, and 1941, Northern Areas were shown part of J&K. • The record of settlement carried out in 1925, also shows Northern Areas as part of Jammu and Kashmir State. • During the leased period, the flag of Jammu and Kashmir remained hoisted in Gilgit; the right of exploration of minerals was vested with Maharaja of Kashmir. The Mirs of the princely state were awarded appointment letter by Maharaja and the rulers States paid annual tribute to Maharaja of Kashmir. • As per maps issued by survey of Pakistan in 1954 and thereafter, GB shown as a part of Jammu and Kashmir.
  • 41. Arguments in Support • As per Treaty of Lahore 1946 and Treaty of Amritsar Northern Areas formed part of state of J&K. • Sir Muhammad Zafar ullah Khan, the then Foreign Minister of Pakistan, speech in Security Council on January 16, 1948, • Section 7(i) (b) of the Independence Act 1947, being relevant to point under consideration is reproduced as follow, “ As from the appointed day, the suzerainty of British over the Indian States shall lapse. • The Mirs (rulers) were granted “Sanad” (Nomination / appointment letter) by to Maharaja of Kashmir.
  • 42. Arguments Against the Motion • The history of GB prior to year1846 has been completely ignored. • The diversities emanating from customs, traditions, culture and caste are ignored, nothing in common between GB and J&K except religion. • The geographical realities and hardships imposed by the terrain between GB and J&K are not considered i.e. the traditional passes between GB and J&K remain blocked for better half of the year due to heavy snow. • After liberating GB in 1947, the Revolutionary Command Council opted for Pakistan and not for J&K and asked Govt of Pakistan to take the GB in its administrative control. • As per law, HR charter and norms the sons of the soil are the custodians of the land and to decide their own fate; that has already been given in favour of Pakistan, back in 1947 through accession letters by the Mirs and decision of Revolutionary Command Council. • Maharaja of Kashmir enjoyed suzerainty only, over princely States of GB. No more Maharaja of Kashmir, no more J&K’s claim over GB. • Agreements of colonial masters no more valid and authentic in post independence era.
  • 43. Pattern of Governance in Pre and Post Independence Era
  • 44. 44 1878 To 1950 Political Agent 1950 To 1986 Resident Commissioner 1986 To 1992 Administrator 1992 To 1994 Chief Commissioner 1994 To-date Chief Secretary Politico-administrative Arrangements
  • 45. 45 1970 NA Advisory Council with 14 members 1972 FCR abolished 1975 Re-named N.A Council with 18 members. 1994 Addition of seats (6 for men 2 for women) total 26. Post of Deputy Chief Executive along with 3 to 5 Advisors were created. 1999 Re-named as NALC and Powers to legislate on 49 subjects, the seat of Speaker & 3 women seats also added. 2004 6 seats of technocrats were created and women seats were increased from 3 to 6 ( one from each district) 2007 Northern Areas Legislative Assembly 2009 GBLA, GB empowerment order 2009 Legislative Evolution
  • 46. Gilgit-Baltistan Empowerment and Self Governance Order, 2009. • The name, GB instead of the Northern Areas of Pakistan. • Appointment of Governor, the Chief Minister and 6 ministers. • Right to be ruled by own elected representatives and provision of fundamental rights as guaranteed in 1973 Constitution • Elected legislative assembly headed by speaker, consisting of 24 elected members, 6 women and 3 technocrats, have powers to make laws on 61 subjects. • GB Cabinet, Chief Minister, assisted by six ministers and two advisers.
  • 47. Gilgit-Baltistan Empowerment and Self Governance Order, 2009 •Establishment of Public Service Commission, the Chief Election Commissioner and the Auditor General. •Creation of GB Consolidated Fund . • Establishment of 15 member GB Council, (just like Senate) with Prime Minister as its Chairman, Governor, Chief Minister,6 nominees from GBLA and 6 nominees by Prime Minister of Pakistan, from down country, as its members •Establishment of Supreme Appellate Court as Supreme Court and Chief Court in place of High Court.
  • 49. QUESTIONNAIRE • People of GB face identity crisis, due to undetermined political / constitutional status. • GB is historically a part of J&K. • GB is part of Pakistan, as its people liberated it in November 1947 and ceded to Pakistan. • An autonomous and independent GB is a viable option. • GB Empowerment and Self Governance Order2009, is a comprehensive package and addresses the people’s sense of political deprivation, admin and governance issues.
  • 50. QUESTIONNAIRE • Interim provincial status to GB, right of vote and due representation in the Parliament of Pakistan, is a viable and popular option. • Ending of 1949 Karachi agreement and merging of GB with AJ&K is a viable option. • GB should form part of KPK province, on the basis of its geographical proximity.
  • 51. District/Region Wise Profile of Respondents • Gilgit District - 145 respondents • Hunza Nagar District - 40 do • Ghizer District - 28 do • Diamer District - 35 do • Astor District - 17 do • Baltistan Region - 29 do • Total - 294 do
  • 52. Profession Wise Profile of Respondents • Members GBLA - 10 respondents • Lawyers - 30 do • Politicians - 36 do • Clergy - 38 do • General educated people - 60 do • University students - 120 do • TOTAL - 294 do
  • 54. Q 1: People of GB face identity crisis, due to undetermined political/constitutional status.
  • 55. Q2. GB is historically a part of Jammu and Kashmir.
  • 56. Q 3: GB is part of Pakistan as people of GB liberated it in Nov 1947 and ceded to Pakistan.
  • 57. Q 4: An autonomous and independent GB is a viable option.
  • 58. Q 5: GB Empowerment and Self Governance Order2009 is a comprehensive package and addresses the people’s sense of political deprivation, administrative and governance issues.
  • 59. Q 6: Interim provincial status to GB, right of vote and due representation in the parliament of Pakistan is a viable and popular option.
  • 60. Q 7: Ending of 1949 Karachi agreement and merging of GB with AJ&K is a viable option.
  • 61. Q 8: GB should form part of KPK province, on the basis of its geographical proximity.
  • 62. Summary- Over All Result Strongly Agree Agree Neutral Disagree Strongly disagree Don’t know Q-1 127 122 8 18 16 3 Q-2 73 84 9 59 84 5 Q-3 105 107 18 1 33 5 Q-4 57 76 60 63 33 5 Q-5 19 97 53 70 47 8 Q-6 119 109 32 18 12 4 Q-7 14 68 22 81 96 13 Q-8 8 13 14 70 185 4
  • 63. GB’s Political Status – Future Perspectives
  • 64. Importance of GB for Pakistan • GB lies at the junction point of four countries Pakistan, China, Afghanistan and India. CARs are at stretch of only 12 km across Wakhan strip . • KKH, linking Pakistan with China, is of immense strategic importance and defence value, providing a safe and reliable land route, which can be used as one of the alternative main supply lines, in case of a naval blockade. • KKH is equally important for China, offering a trade route for its import / export through sea ports of Gawadar and Karachi (Pak-China Economic Corridor).
  • 65. Importance of GB for Pakistan • As situation in Afghanistan remains turbulent, fragile and uncertain, making land route access to CARs is unsafe; GB offer safer access to CARs, via China or from Hunza and Ghizer valleys, across narrow Wakhan strip. • Indus and its tributaries serve as life line arteries for agriculture and power generation of Pakistan. Although Indus originates from Tibetan mountains in IOK but bulk of its water originates from the mountain and glaciers of GB.
  • 66. Importance of GB for Pakistan • India can effectively regulate or block other rivers, Jhelum, Neelum and Chenab, but can’t do much with Indus. • GB has the capacity to meet the entire electricity requirement of Pakistan (40,000 MW) and enormous potential for storage of water.
  • 67. Option for Determining Political Future of GB • Option 1. Interim provincial status with right of vote and representation in the Parliament of Pakistan. • Option 2. Ending Karachi Agreement 1949 and merging GB With AJ&K. • Option 3. Providing status akin to AJ&K. • Option 4. GB as 5th Constitutional Province of Pakistan with right of vote and representation in the its Assemblies .
  • 68. Option 1. Interim provincial status with right of vote and representation in Parliament - Advantages • The sense of political deprivation of the people of GB, with regards to identity and representation, will be addressed and the future of GB determined as per their wishes. • The option ensures better integration of GB with the mainstream political system of Pakistan. • Kashmiri leadership, India and United Nations can be satisfied, as it will be “interim/provisional status”, i.e. retaining the disputed status of GB as part of Jammu and Kashmir.
  • 69. Option 1 - Advantages • Stronger stance to answer India and world as India has already given representation to J&K and Ladakh. • As the settlement of Kashmir issue, as per UN resolutions is difficult in foreseeable future, relief could be provided to people of GB, yet retaining the flexibility of use of vote of GB in favor of Pakistan in case of a plebiscite. • If Pakistan at some stage feels that the ‘status quo’ is the future of Kashmir issue, this option would serve better the interest of Pakistan.
  • 70. Option 1 - Advantages • In case the plebiscite in which third option , independent Jammu and Kashmir materialize, the people of GB will still vote for Pakistan. • The options require minimum organizational and structural changes. • The uprising nationalist movement and centrifugal tendencies will be defeated. • The option has over whelming support of the people of GB.
  • 71. Option 1 – Dis advantages • The pro Pakistani Kashmiri political leadership on the both sides of the line of control may not like it. • A step amounting to weakening Pakistan’s original stance with respect to Kashmir issue. • It can be termed a step towards recognition of status quo, which is more of an Indian desire. • The political status of GB yet remains in flux and hang on and the original desire/demand of the people for accession to Pakistan is not fully addressed. • As the public opinion keeps on changing, this move may become counterproductive and may ignite support for independent Gilgit-Baltistan at a later stage.
  • 72. Option 2. Ending Karachi Agreement and Merging Gilgit- Baltistan With AJ&K - Advantages • Supplements Pakistan’s principal stance regarding resolution of Kashmir issue through plebiscite, as per UN resolutions. • Political leadership on both sides of Line of Control will welcome this step. • The people of Gilgit-Baltistan, belonging to Kashmiri caste and possibly some percentage of people from Diamer and Astor district may welcome this step.
  • 73. Option 2. Ending Karachi Agreement and Merging Gilgit- Baltistan With AJ&K – Dis Advantages • The sense of political deprivation of people of Gilgit-Baltistan will increase. • Will have shocking effect for the majority of the people of Gilgit-Baltistan, whose forefathers opted for Pakistan in 1947. • Shia, Ismaili and Noorbaksh, who form 75% of the population of Gilgit-Baltistan, will definitely resist it. • Nationalist and pro-independence trends will be encouraged.
  • 74. Option 2. Ending Karachi Agreement and Merging Gilgit- Baltistan With AJ&K – Dis Advantages • India’s stance about Gilgit-Baltistan as their part, will be justified. • The political leadership of Azad Jammu and Kashmir will dominate and Gilgit-Baltistan will become a minority in Azad Jammu and Kashmir Assembly. • More governance and administrative inconveniences due to distances and communication problems of GB with Azad Jammu.
  • 75. Option 3 Providing Status Akin To AJ&K - Advantages • The issues relating to self-governance and internal autonomy will be better addressed as Gilgit-Baltistan will attain status of state akin to that of Azad Jammu and Kashmir, having own interim Constitution, flag, President, Prime Minister, the Assembly and judicial infrastructure. • Minimum organizational and structural changes will be required, as existing infra-structure is almost on the similar lines except the change of names /appointments, i.e. President and prime Minister instead of Governor and Chief Minister.
  • 76. Option 3 Providing Status Akin To AJ&K - Dis advantages • The basic demand of the people, i.e. integration with Pakistan would remain un- addressed. • A State for 1.3 million people of Gilgit-Baltistan may not be a viable administrative and financial option. • Autonomous State status has never been a demand of people of GB. • The pro Pakistani Kashmiri leadership on both sides of line of control will bitterly oppose it. • It will be difficult for Pakistan to justify its principle stance in UN. • Nationalist parties striving for autonomous State will be encouraged. • The sectarian and mal governance will be pronounced in the absence of supervision and a neutral monitor .
  • 77. Option 4 GB as 5th Constitutional Province of Pakistan - Advantages • Admissible under Art. 1 (2) (d) of 1973 Constitution which says, “Territories of Pakistan shall comprise, such States and territories as are or maybe included in Pakistan, whether by accession or otherwise” • To the best satisfaction of people of GB. • Issue of GB political future settled once for all. • Pakistan has a justified reason to do it, when see in historical perspective.
  • 78. Option 4 5th Constitutional Province of Pakistan – Disadvantages • U turn on principle stance and Kashmir Policy. • Unacceptable to Kashmiris on both sides of LOC, amounting to annoying them and loosing their support for accession to Pakistan. • Difficult to justify because of Karachi Agreement and Sino – Pak Border Agreement 1963.
  • 80. Core Recommendation – Interim Integration of Gilgit-Baltistan with Pakistan The Supreme Court of Pakistan in its landmark decision on the subject has underlined a course of action to solve the issue. With the enforcement of Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009, a portion of the Supreme Court’s judgment order has been fulfilled. However, issue relating to representation of Gilgit-Baltistan in the Parliament of Pakistan, ensuring better integration of Gilgit-Baltistan with the main stream politics of Pakistan, is yet to be decided by the Parliament and Executive. The establishment of the Gilgit- Baltistan Council is a step in this direction, but more of symbolic in nature. Ideally, the merger of Gilgit-Baltistan with Pakistan as its fifth province would bring an end to the identity crisis once for all. However, in view of the Government’s policy adopted so far, a complete policy shift may not be a viable option.
  • 81. Core Recommendation – Interim Integration of GB with Pakistan In the prevailing context “interim provisional status to Gilgit- Baltistan with right of vote and representation in Parliament of Pakistan” is viewed as best possible option. For this purpose, necessary legislation and amendment in 1973 Constitution can be made, as permissible vide para 1 (2) (d) of the Constitution of Pakistan 1973. Since representation in the National Assembly is based on population ratio, conveniently three elected representatives, one each for three divisions, i.e. Gilgit, Baltistan and Diamer respectively, can be managed. One women seat can be kept for GB.
  • 82. Core Recommendation – Interim Integration of GB with Pakistan For representation in the Senate of Pakistan, Gilgit-Baltistan may be considered as an interim federating unit with due recognition and representation as in case of other federating units. Pakistan can justify its stance, as India has already extended its constitutional jurisdiction to the part of Jammu and Kashmir under its administrative control, including Laddakh region. Moreover, Kashmir issue also remains unhurt due to interim nature of the provision.
  • 83. Subsidiary Recommendations • Extension of bench of Supreme Court of Pakistan, bringing GB under wider judicial umbrella. • Establishment of institutions like office of Provincial Public Service Commission, Provincial Ombudsman, office of Provincial Consolidated Fund, etc, as permissible under the Constitution of Pakistan 1973. • Due representation of GB in Council of Common Interest, NFC award and other national level forums, having representation of federating units. • Determination of due share / royalty of projects of national magnitude, like Diamer Basha Dam, Bunji hydel project and mineral, tourism and water resources. • Safeguarding economic interests of GB in Pak-China Economic Corridor project.
  • 84. Strategy to Fight Menace of Sectarianism The awareness to the fact that people of GB have to live in an environment of mutual co-existence is of utmost important. Whereas, the overall responsibility of handling the issue rests with the govt, the clergy and civil society also need to play their role. There is a need to realize that the diversity is a hard fact of modern societies. It is with the sense of accommodation and tolerance that people of GB can have a prosperous life. The performance of LEAs and Judiciary need mark improvement.
  • 85. Development of Communication The prosperity of GB is associated with better communication links with the main land, Pakistan. For this purpose Karakorum High Way which serves as life line artery, needs to be maintained. The alternative road to Gilgit- Baltistan via Kaghan-Naran- Babusar-Chilas, which is a short cut of 120 kilometer to Gilgit from Islamabad. As the flight schedule to Gilgit and Skardu are often disturbed by inclement weather, there is a need to upgrade the existing airports and arrange for passenger aircrafts capable of operating in all weather. This will tremendously boost tourism in Gilgit-Baltistan
  • 86. Exploiting Potentials and Resources • Promotion of tourism • Exploration of mineral and natural resources • Exploiting the enormous potential of production of hydro electricity • Development and promotion of cottage industry i.e. fruit preservation, juices and beverages and handicrafts. • Social Development through establishment of institutions like, a medical college, a poly technical college and a cadet college in each region.
  • 87. Conclusion Sense of political deprivation of people of GB is a sour issue and requires immediate attention of political leader ship. An earnest effort has been put in to identify the nature and gravity of the problem and suggest measures to address the issue. All relevant factors, including historical aspect, pertinent treaties and agreements, the court’s decisions and public opinion, have been analysed before drawing conclusions and recommendations. It is hoped that this effort helps the readers in general and people at the helm of affair in particular to understand the subject and get a fair idea about the available options to address the issue of sense of political deprivation of the people of GB, ensuring its better future integration with Pakistan.