Pakistan’s nefarious designs to usurp Indian territory of Gilgit-Baltistan Part-3

Political Status of Occupied Regions

In 1952 Joint Secretary of MKA became resident of these areas. Another such post was added in 1967. One each for Gilgit and Baltistan. MKA held all powers of administration and made all appointments. No elections were held from 1947 to 1960. For the first time a legislation was passed in 1970 to elect representatives to legislative assembly and President in Azad Kashmir (AK).

Until the promulgation of new constitution of AK, in 1974, the Karachi Agreement which lapsed in 1970 served as the roadmap for the relations between Pakistan and occupied territories. AK’s High Court ruling to hand over the administration of Northern Areas to Azad Kashmir, but Pakistan government refused.

Prime Minister Gen Zia-ul-Haq, on his visit to Gilgit brought about legal and structural changes under ‘Northern Areas Legal Framework order 1974-75’ and brought the region under the Pakistan Penal Code.  President Yahya Khan converted, ‘Northern Areas Advisory Council’ into ‘Northern Areas Council’ (NAC) with 14 members. Against precedent of having the elected members, Islamabad nominated persons serving the council. The region had neither a High Court nor a Supreme Court bench. A Judicial Commission with single judge functioned in the region. People from Northern Areas were not allowed to approach courts in Pakistan or Azad Kashmir. MKA appointed the judge. The region was never represented in either Pakistan Parliament or Azad Kashmir.

After Zia-ul-Haq’s coup and imposition of Martial Law E-Zone, he asserted that Gilgit, Hunza and Skardu are integral parts of Pakistan. Soon, Azad Kashmir Legislative Assembly adopted a resolution in 1982, affirming that Gilgit Baltistan is an integral part of Jammu &Kashmir and it should be with Azad Kashmir ¹¹.

AK’s Supreme Court in 1993 ruled that Northern Areas are legally part of Jammu & Kashmir and hence they must be handed over to them. Though these areas are leased to British, the agreement became defunct after they left. Legally AK has every right to reclaim them. But after decades of separation, the potential threat of sectarian clashes, the inaccessibility of Northern Areas deterred AK to strongly pursue the case. To overcome these legalities, Pakistan came up with several devious ideas. But none of them ever espoused any concern towards the region, the people, or their welfare. Pakistan’s rule which reeked of oppression and discrimination denied the people even the barest minimum fundamental rights leave alone any judicial recourse.

Benazir Bhutto passed Northern Areas governance order 1994 to set up local regional council to bring some semblance of governance. But Pakistan’s bureaucrats continued to rule the region. The Chief Executive mostly a Punjabi retained the absolute power over the governance of Gilgit. He nominated a Deputy Chief Executive from among the members of NAC. MKANA had the power to advise, formulate and devise budget for Gilgit. In 1999, NAC was expanded and renamed as the Northern Areas Legislative Council (NLAC).

Pakistan’s Supreme Court deplored; the denial of fundamental rights guaranteed under constitution to Northern Areas ¹⁴.  Despite SC’s ruling Pakistan government demonstrated no intent to address this issue. In 2000 the post of Speaker and Deputy Speaker in 2002 were created. During the first tenure spanning 1999 to 2004, NLAC passed 18 legislations but none of them were ever executed. NLAC remained as a namesake body.

President Musharraf renamed the 1994 order which is based on Colonial laws as Legal Framework Order 2007 and introduced new amendments. Amid growing international pressure of lack of political rights, President Asif Zardari approved the ordinance- Gilgit-Baltistan Empowerment and Self Governance Order 2009.

Making complete U-turn of Zia-ul-Haq’s assertions, the ordinance claims to grant Northern Areas self-rule like Azad Kashmir. “They will have province like autonomy but will not constitutionally be a province”. Pro-Pakistanis in Gilgit were highly disappointed with this outcome. Prime Minister Gilani explained- “since Gilgit-Baltistan is not a constitutional part of the country and is linked with Kashmir issue, we cannot give representation to them in the Parliament”. This essentially blew away the façade of self-governance granted to Northern Areas. Essentially this ordinance has been an attempt to tighten its control over the region by Pakistan ¹³.

Gilgit region is strategically important to Pakistan and cornerstone of the ambitious CPEC project. Sino-Pakistan strategic partnership is hinged on the stability and accessibility to this region. Bestowed with vast reserves of natural resources, Gilgit provides connectivity to the Central Asian markets as well. Hence Pakistan denied genuine autonomy to the people of Gilgit.

In the wake of Imran Khan government’s renewed attempts to make Gilgit region the fifth province, Khan must be reminded of Gilani’s statement. The 2009 order renamed the region as Gilgit-Baltistan fulfilling the longstanding demand. It made provisions for local administration led by Chief Minister to be elected by the Gilgit-Baltistan Legislative Assembly (GBLA). GBLA would head a council of six ministers and two advisors. GBLA comprising of 24 directly elected members would choose six women members and three technocrats. A consolidated fund was created, and financial autonomy was granted to GBLA as per the new order. An appellate court with a chief justice and two judges and provision for extending them to five was established. Provisions are made for a separate public commission, chief election commission and an Auditor general.

In all there are 14 registered political parties in GB. In the first elections in 2009, Pakistan’s Peoples Party (PPP) won 14 out of 24 seats. Other dominant parties are Jamiat Ulema-e-Islam (JUI-GB), Pakistan Muslim League Qaid-e-Azam-GN (PMLQ-GB), Pakistan Muslim League Nawaz GB (PMLN-GB) and Karachi based Muttahida Quami Movement (MQM). In 2015 elections, PMLN won 15 seats and elected Hafeezur Rahman as Chief Minister. With ban on political activities under the FCR still in place all the Pakistan-based participated in the sham elections and demonstrated the restoration of people’s representation. Indigenous parties weren’t allowed to emerge. Before the 2015 elections, PMLN has appointed a party loyalist as the governor of GB who has been complicit of rigging elections in favour of PMLN.

Attempts were made by locals to form political parties as early as 1951, with the imposition of Martial Law they were forced to disband. With the region disparately split along the sectarian lines, obtaining full support of locals has been difficult. So local political parties eventually merged with Pakistan based parties ²². Of late there has been spurt in political activity, conglomerates from various movements are doubling up as political activities. Leaving no stone unturned to strangulate independent voices, leaders/ supporters of these political parties are slapped with sedition charges. Fearing witch-hunt by Pakistan popular political parties exiled to European countries.

Abdul Hameed Khan, Chairman of Balawaristan National Front (BNF) who advocated creation of independent Balawaristan (Northern Areas) exiled to Belgium in 1990s. As a representative of GB, he spoke of Pakistani oppression, discrimination and the devious dam construction plans with China across the region at various international forums. After being nabbed by Pakistani intelligence agencies under the ‘Operation Pursuit’, returned to Gilgit, abandoned the Balawaristan cause and parroting the popular lines of receiving funds from R&AW agencies of India to foment unrest ²³.

With this Pakistan has placed required institutional framework in place to slowly elevate this region as the fifth province. Unlike the Azad Kashmir which had President and Prime Minister, GB had the provincial kind of system in place, with chief minister as the administrative head. In line with its larger diabolical plan, Chief minister has very limited powers with real power vested with Governor of GB. Governor is appointed by the President of Pakistan on the advice of Prime Minister. Similarly, despite the existence of elected GBLA, real authority rests with GB council headed by Chairman, who is Prime Minister of Pakistan. The members of Council are appointed by Pakistani government. All the important appointments to the various functioning bodies are made by Chairman of Council (Prime Minister of Pakistan). The so called the elected GBLA is entirely controlled by Pakistan. Though the number of areas they can enact laws has increased to 61, powers to legislate lies with the council.

Pakistan has propped up a toothless institutional framework in GB to pander to international observers and human rights institutions. Pakistan holds the reigns of the region and hence all the tall claims of granting autonomy is a sham. Enacting laws for a region which is not part of its constitution holds no legal validity. Above all, it has introduced a clause in the Self-Autonomy order stating that laws that contradicts Sunnah and Quran are null and void. Shias and Sunnis have different perceptions about what constitutes Sunnah. This order has invariably opened flood gates for sectarian strife’s.

Sectarian Clashes

Sunni-Shia conflict has become are recurring feature since 1970. The regions dominated by Sunni’s turned out to be inimical for Shias. Karakoram region dominated by Wahhabis remained and continues to remain a no-go zone for Shias. Buses passing through the region are scanned for Shias.They are looted and mercilessly killed ¹².

Sunni-Deobandi sects like Sipah-e-Sahaba which proliferated under Zia’s patronage spread tentacles in the remote tribal areas of Gilgit. These groups targeted Shias and Ismailis. They unleased first wave of sectarian violence in May 1988 by burning crops, houses, and lynching people to death. Whenever people demanded legitimate rights, sectarian riots were engineered. The intention is to keep people busy in sectarian clashes to prevent them from demanding political and administrative rights.

Soon, this became a regular affair. Sunnis supported by Pakistan and Saudi Arabia clashed with Shias armed by Iran. On the eve of Zia’s death in 1993, the support of external agencies during sectarian clashes became more conspicuous. Attacks on Shias in Sunni dominated regions and vice-versa became more common.

For centuries people of different sects led peaceful and harmonious life in Northern Areas. To preserve unique identity of the region, Dogra rulers introduced, “State Subject Rule” whereby outsiders are barred from seeking permanent residency or naturalisation. Pakistan revoked this law opening the flood gates for the entry of the people from different parts of Pakistan. While this law is still intact in Azad Kashmir, the demography of Gilgit-Baltistan went for a toss. Pakistan used every trick in the book to disturb the harmony of the region. Having perfected the strategy of using the minority as accomplices to deprive the rights of the majority, Islamabad used minority Sunni Muslims of the region to stoke sectarian clashes. To counter the growing radical Sunni Islamists, the locals who practised Buddhism and Islam which is now distinct from Pakistan are turning to Iran for help. This divide and threat from extremism has greatly impacted the unique ethno-centricity of the region. In a desperate bid to protect their linguistic diversity, people in Baltistan are now establishing ties with Tibetans and Ladakhis. Baltistan has been part of Wazarat of Ladakh. 

Pakistan’s high-handed tactics and governance through non-local bureaucrats akin to colonists have in the past deepened hostilities with East Pakistan in the initial few decades of partition. This angst, denial of the locals’ access to administration has sowed seeds of alienation and eventual secession as in case of Bangladesh. Islamabad has a similar strategy for Balochistan and GB who are at the receiving end of Pakistani oppression. Pakistan has refused to learn from past.

Currently, the locals of GB are not employed even for maintenance of law and order. The local Shias are not trusted. Gilgit Scouts renamed as Northern Light Infantry (NLI) dominated by locals played significant role in Kargil War and earned two gallantry medals. Now the numbers of locals in combat forces are coming down. To defend the frontiers, Pakistan is now deploying Rangers from Sindh, Punjab, or Frontier Constabulary from Khyber Pakhtuntwa to manage law and order situation in GB.

Burgeoning Islamization in connivance with state agencies has accentuated deep sectarian divide in the region. GB is infested with terrorist organisations and State has never demonstrated any will to rein on them. Even after 73 years, the region is deprived of the basic infrastructure, education, and health facilities. Pakistan has never evinced any interest to develop this region. As per colonial Schedule IV and Anti-Terrorism act, voices of dissent are suppressed. Free and fair elections are still far from reality. Any opposition to the state is meted with illegal detentions, enforced disappearances and kidnapping.

At the 45^th session of UNHRC, PoK activist, Sajjad Raza said, “The PoK election Act 2020 has taken away all our constitutional, civil and political rights. Our activities opposing accession to Pakistan have been declared as anti-state in flagrant violation of United Nations Resolution” ²⁰. GB has been an integral part of India and the Sino-Pak collusivity is altering this inviolable truth. Time to be armed with facts, to nip the nefarious Sino-Pak designs of usurping a legal Indian territory.

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