Tuesday, September 15, 2009

Autonomy to Gilgit-Baltistan

The Northern Areas have been located on the height of 2,800 to 3,000 ft above the sea level between Karakoram Range, Hindu Kush Range, and Pamir Range of mountains. In the diameter of 90 km around Gilgit, there are a dozen of mountain peaks approximately 15,000 to 20,000 high. The world's second highest peak K-2 is also located in this region. It is approximately 28,250 ft high.

The world's greatest glaciers besides Northern Arctic Ocean are found in these areas. Geographically, these areas are counted among the most sensitive locations of Pakistan. The reason is that it touches China, Afghanistan, and Tajikistan from their northern sides. Approximately 300 miles long Line of Control is located in the south.

Divided Districts
Managed by the central government, these areas cover 72,496 sq km area and its population is more than 2 million. These areas have been divided into five districts of Gilgit, Diamir, Skardu, Ghazar, and Ghanchay for administration facility and economic progress. Shina, Balti, and Broshksi are the regional languages.

Historically these areas were called Darwastan in the past and they were divided into smaller states. Every state used to have its own ruler. Therefore, nothing could be done for collective benefit. The ruler of Basin Raja Gauhar Aman killed Sikander, the ruler of Gilgit and occupied Gilgit in these circumstances. However, Sikhs occupied it in 1842. This area completely fell into the lap of Dogras. The British Government took these areas on 60-year lease in 1935.

Kashmir Freedom Movement
The local population occupied these areas during Kashmir Freedom Movement in 1947. It was 13 November 1947, when Brigadier Bargsar Singh was removed and announcement of independence was made. Governor Basin Mahbub, Governor Ponyal Raja Mohammad Anwar Khan, Mir of Hunza, and local rulers, including Walinagar announced to join Pakistan. According to Karachi Agreement reached in 1948, the Pakistani Government took administrative control of the areas.

Azad Kashmir (Pakistan-administered Kashmir) High Court delivered a verdict on 18 March 1993 and declared the Northern Areas a part of Azad Kashmir The issue reached the Supreme Court. The chief secretary government of Azad Kashmir told the Supreme Court that according to the Karachi Agreement reached on 28 April 1948, the control of the Northern Areas was handed over to the Pakistani Government.

Legitimate Part of Azad Kashmir
The government accepted the Northern Areas as legitimate part of Azad Kashmir. This acceptance is present in Pakistan-China agreement reached on 2 March 1962. Then after reconciliation between the Pakistani Government and Azad Kashmir Government, caretaker Prime Minister Moeen Qureshi, announced to delegate authorities of appointing chief executive of the level of the central minister in the Northern Areas and to give him powers of the provincial government.

The seats of the Northern Areas council were increased from 21 to 24. The judicial commission rate was upgraded to the level of a High Court. Benazir Bhutto constituted a constituent assembly through a new Legal Framework Order (LFO) in 1994. A full bench of the Supreme Court, while giving its decision in 1999 on determining constitutional status of the Northern Areas and granting of fundamental rights to these areas, directed the central government of Pakistan that the Northern Areas according to their geographical locations were quite sensitive. The borders of these areas touch China, India, Tibet, and central Asian states. Therefore, legal and administration measures should be taken within six months to determine the legal status of the area and granting of fundamental rights to people. Some changes were brought in the Northern Areas LFO after the decision of the Supreme Court and its name was changed into Northern Areas Government Act. These areas were granted local autonomy in 2007. The elections based on party system were held for the first time in these areas on 25 October 1994.

Granting Separate Identity
The people of the Northern Areas wished to have separate identity since long. The central cabinet has recently approved Gilgit-Baltistan Empowerment and Self Governance Order 2009. Under this order, the Northern Areas have been granted autonomy. According to this ordinance, the Northern Areas would be called Gilgit-Baltistan and its assembly would comprise 33 members. Besides 24 general members, six seats would be reserved for women and three for technocrats. It will have its own governor and the chief minister.

The elections for the assembly would be held in November and the central minister for Kashmir and Northern Areas would be acting governor until the elections are held. A six-member council would be set up on the pattern of Azad Kashmir and the prime minister would head the council. The president would appoint the governor. The number of judges in the higher judiciary would be five and chairman council would appoint them with the consultation of the governor. The constituent assembly would have the authority to legislate on 55 subjects.

Historical Decision
The Pakistani Prime Minister Yousuf Raza Gilani has termed it a historical decision and has said that a separate chief election commissioner and auditor general would be appointed for Gilgit-Baltistan. According to the prime minister, Gilgit-Baltistan cannot be given the constitutional status of a province. As, the area has been granted full autonomy within the constitutional limits, therefore, it is not required to be brought in the Parliament. Now Gilgit-Baltistan would have no representation in the parliament. The opinions are coming out in the favor and against this new order.

Moreover, reservations are being expressed regarding Kashmir cause. The people who have reservations opine that when Pakistan brought Kashmir dispute in the United Nations in 1948, the total area of Kashmir was 86,400 sq. km., including Gilgit and Baltistan. There are two dangers in granting these areas a separate status from Kashmir. First, the Kashmiri leadership has got negative message that Pakistan has withdrawn from their [Kashmiris] position. India could not separate some areas from Kashmir in spite of its wish because of the fear that the Kashmiri people would not accept that. However, Pakistan has ignored it. Second, if some day the stage of plebiscite comes, then there would be nothing to stop India from refusing to accept those areas as a part of Kashmir.

The Future Ahead
We should call this decision a part of Pervez Musharraf's suggestion that Kashmir should be divided into five units and then a United States of Kashmir should be established. Yasin Malik, chairman of the Jammu and Kashmir Liberation Front, said: "Gilgit-Baltistan requires administration structure and we must be given this right." To make a decision about the Northern Areas without taking the Kashmiri leadership on board is a disgrace of the Kashmiri people. It is also an undemocratic act. The importance of this decision is that governor and the chief minister will be appointed in Gilgit-Biltastan. Is it not happening in the occupied Kashmir [India-administered Kashmir]? They will be appointed by the president. We call the chief minister of occupied Kashmir a puppet. What will be they called?

Pakistan is of the position since 1947 that Kashmir is a disputed territory and it is not a part of Pakistan as well. The entire Kashmir policy revolves around this policy. Is it not an axing of this position when the President appoints the governor? If this decision was to be made, the Kashmiris, instead of the Pakistani Government, should have made it.

The people who favor this decision say that Gilgit-Baltistan is not a part of Kashmir. The locals of Gilgit-Baltistan had already joined Pakistan before the liberation of Azad Kashmir. This new ordinance was the requirement of the locals so that they should enjoy fundamental rights.

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