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Mujtaba Rathore
The people of Northern Areas, also known as Gilgit-Baltistan, have different apprehensions with regard to their future. They are particularly worried about their constitutional status. Although they have been kept deprived of human, social, economic, political and constitutional rights for the last six decades but they still have to rely on the federal government for getting their rights. The majority of the people want to declare Gilgit-Baltistan as the fifth province of the Pakistan but seeing that the area has been linked with the Kashmir dispute, they have been demanding the provincial setup or similar setup as being enjoyed by Pakistan administered Kashmir. The economic and political injustice and disparity that was meted out to this whole area for decades demand serious attention from Pakistani rulers to take genuine and sincere steps to ease the severity of deprivation that was widely felt among the people.
Constitutional Developments
In the 1970s, the Pakistan People’s Party founding chairman and former Prime Minister Zulfiqar Ali Bhutto for the first time realized the sufferings of the people and took practical steps to resolve them. Among other things, he abolished the black laws including the Frontier Crimes Regulation (FCR) and the first time political parties of Pakistan were allowed to act in Gilgit-Baltistan. A Northern Areas Council (NAC) replaced the Northern Areas Advisory Council (NAAC) – which was created in 1969 by General Yahya Khan – with members elected by direct adult franchise. During Zia ul-Haq regime, the government renamed the area as the Northern Areas (NA) of Pakistan and general Zia ul-Haq issued instructions to allow a representative from NA to sit as observer in the National Assembly. This however did not last long. First major political development in NA was the provision of a Legal Framework Order 1994 by the federal government. Northern Areas Council Legal Framework Order (LFO) 1994 was imposed in the region supplemented by the Northern Areas Rules of Business (NARoB) 1994. The LFO serves as a set of basic laws under which the Kashmir Affairs and Northern Areas (KANA) Federal Minister heads the executive branch, responsible for policy, administration, developments and also for law making. Under the LFO, the NAC has become the Northern Areas Legislative Council (NALC) while the number of seats has been increased and it is democratically elected. The NALC has only limited advisory functions. An Interim Constitution 2003, which was endorsed by the majority of members of Northern Areas Legislative Council, shows the main endeavor of the political parties for their constitutional rights but it was rejected by the federal government.
Musharraf’s Packages
The Supreme Court of Pakistan in 1999 recommended in a decision that appropriate amendments in the Constitution be made “within six months” to ensure that the people of the Northern Areas enjoyed their fundamental rights: “to be governed through their chosen representatives and to have access to justice through an independent Judiciary...and for the enforcement of their fundamental rights guaranteed under the Constitution”. Under the light of the Supreme Court decision, Musharraf’s government announced a constitutional package on October 2004 and emitted amendments in LFO 1994. It was the first time when military government recognized the Northern Areas’ future constitutional status with Kashmir dispute. Under this package, the strength of NALC has been increased to 36 members; 24 elected, six women and six technocrats (elected by the 24 elected members). An Appellate Court for the Northern Areas was also established. President Musharraf had recently tried to appease the people of Gilgit-Baltistan by introducing another constitutional package on October 2007 that was issued by KANA division through a Notification “amendments 2007 LFO-1994” on 15 December 2007. According to new package, the name of LFO has changed into Northern Areas Governance Ordinance (NAGO). Northern Areas Legislative Council has been given the status of Northern Areas Legislative assembly (NALA) with powers to debate and pass its budget. The NALA has the power to legislate on 49 subjects. Deputy Chief Executive would henceforth be called the Chief Executive with full administrative and financial authority and the existing Chief Executive (a federal minister) would be the chairman of the Northern Areas government. All administrative and financial powers of the Ministry of Kashmir Affairs and Northern Areas would be transferred to NA government. The assembly will be able to take up no-confidence motion against the Chief Executive, Speaker and Deputy Speaker. The federal government would devolve its powers to district governments, to be set up through elections in the six districts of the Northern Areas: Gilgit, Ghanche, Ghizer, Sakardu, Astor and Diamir.
People’s Reaction
Musharraf’s new package in 2007 for Northern Areas earned ire from political leaders. The package drew adverse reaction not only from the masses but also from those who were in the presidential camp till recently. Pakistan People’s Party, Pakistan Muslim League (Nawaz group), High Court Bar Council, Gilgit, and all the nationalist parties of Gilgit-Baltistan have rejected the so-called package of Musharraf. They argue that Musharraf has not introduced or brought about any substantial political and economical package or a set of reforms to address their legitimate grievances. Their genuine and legitimate grievances remained unattended and unaddressed, and people are going to be underrepresented since package is devoid of offering any substantial economic or political remedy or credible representative political system that can be trusted by the people. By renaming the NALC with Legislative Assembly or elevating Deputy Chief Executive to the Chief Executive is not going to change the present power structure since Chairman, who was the Chief Executive before, will be source of power along with Pakistan appointed bureaucrats. While Judiciary remains unchanged as head of the Chief Court is going to be the Pakistan employee. The power structure has not changed and key positions and resources of the region are going to rest with Islamabad. Constitutional limbo and discrimination are there.
Expectations from New Government
The restoration of democracy and formation of a new government in Pakistan has given a new hope to the people of Northern Areas who have been seeking an end to the long ambiguity over their constitutional status, access to basic rights and creation of a peaceful atmosphere, free from sectarian violence. The PML-N Northern Areas chapter president Hafizur Rehman pointed out that both the PPP and the PML-N had given a commitment in the Charter of Democracy to give the people of the area a system in accordance with their aspirations, and remove the sense of deprivation among them by including them in the decision-making process. For the first time federalist or pro-centrist parties of Gilgit-Baltistan have also spoken out for the constitutional status of the region. Not only this, they have also decided to make joint efforts to achieve their agenda. They have presented their recommendations regarding the political future of the region to the federal minister. The right to rule will be given top priority in the recommendations. People of the area expect that the PPP would undo all injustices meted out to them, and empower them through establishment of a powerful and truly representative assembly because Zulfiqar Ali Bhutto had promised to do so. In return for Bhutto’s services, people of Gilgit-Baltistan always supported his party by sending its nominees to the local council and legislative assembly. This shows that the people still have great expectations from Bhutto’s party and believe that only the PPP can fulfill their aspirations. New Federal Minister for Kashmir Affairs and Northern Areas, Qamaruz Zaman Kaira, has announced during his visit to Gilgit-Baltistan to fulfill the expectation of the people. He said that the issue of giving provincial status to the region was sensitive and a decision in this regard would be taken only after consulting constitutional experts. He however said, if needed, the constitutional status of the region could be debated in the parliament. About the Diamir Dam, he said, the demands of the affected people would be looked into and their reservations allayed. He said his government would introduce further constitutional reforms in the area. He also announced that from now onward the Northern Areas Legislative Assembly would prepare budget as is done by other legislative assemblies. Mr. Kaira said he would also take up the boundary dispute of Shundoor and Diamir-Bhasha dam with the government of NWFP for amicable resolution.
Conclusion
Now it is time to analyze the sixty-year-old deprivations in the light of the changing international scenario and capitalize upon the issue of Gilgit-Baltistan at the national and international levels as criticism is streaming down across the Europe to India on the pathetic conditions of Gilgit Baltistan. The recent European Union’s report that first time considered NA as Pakistan-administered areas expressed strong reservations and serious concerns about the poor social, economic and political conditions of the region. Above that a two-day conference on constitutional, political and socio-economic conditions of Gilgit-Baltistan was also held in the European Parliament on April 8-9, 2007 under the banner of International Kashmir Alliance (IKA). The conference after passing resolutions demanded restoration of fundamental rights to the people and constitution of a fact-finding mission on the region. Members of the European Parliament from all political groups, civil society organizations, journalists, intellectuals and academicians from all over the world including Kashmiri Diaspora participated in the conference. Prominent member European Parliament and vice-chair Foreign Affairs Committee and sub-committee on human rights Baroness Emma Nicholson was guest of honor in both the sessions along with several other members European Parliament.
The longstanding grievances among the people became accentuated when the nationalist organizations began to question the legal status and control of Pakistan in Gilgit-Baltistan. As for as the people of Gilgit-Baltistan seek establishment of an independent and powerful legislative assembly and want to maintain their own cultural and social identity in any future dispensation. The people of the region also want that they should not be made a scapegoat in the Kashmir dispute and should be given their basic rights keeping in view their strategic importance. They also want a say in all future parleys between Pakistan and India over the Kashmir issue.
Under the current circumstances, the government needs to take revolutionary steps to consider the demands of the people including strengthening of political institutions, implementation of the 1999 Supreme Court decision, and transferring political and legislative power to the people. The only possibility of a peaceful transfer of power to the area lies in making the existing assembly a self-autonomous body with all powers to formulate laws and take decisions independently without any dictation from the centre. It should be kept in mind that the future of this region has to be decided by the political leadership and people of Gilgit-Baltistan not by Pakistani ministers and rulers.
Based on all these facts, it can be noted that if the present government wants to take steps for the development of Gilgit-Baltistan, it would have to take a different path than treaded by the previous governments because unlike in the past the area is now politically awaken. The real issues of the region cannot be further sidelined and the people cannot be kept entangled in non-issues to divert their attention from real problems. Any delay in this regard will prove devastating not only for the federal government but also for the local people. Last but not the least, the government should give due importance to and accept the forthcoming demands and recommendations of the delegations of Pakistan People’s Party and the Pakistan Muslim League (PML-N) from the region.
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