The Pakistani Spectator

The declaration of “Gilgit-Baltistan Empowerment and Self-Governance Order 2009” has not only fulfilled the longstanding demand of the people of Northern Areas for self-rule on the lines of AJK type of governance, it will also frustrate the nefarious designs of Indian external strike in Northern Areas.  It is beyond doubt that the Northern Areas of Pakistan lag behind the rest of the provinces of the country.  Sectarianism, poverty, Indian connection, weak judicial system, burgeoning of small arms, and separatist forces like Balawaristan National Front (BNF), Karakoram National Movement (KNM), are some of the major concerns that had alarmed the NA Administration.  Some of the demands put across by the people of Pakistan’s mountainous Northern Areas were:  (1) Self-governance like that of AJK or as a province.  (2) Fully autonomous Legislative Assembly with Chief Minister. (3) Set up an independent High Court and Supreme Court. (4) The reforms in education set-up, e.g., affairs of Karakoram International University to be straightened, quota for Gilgit Baltistan be separated from FATA, setting-up of Medical College and Engineering College. (5) The Land allotment to non-locals, NGOs and foreign Govts should be banned. (6) Economic Developmental Package for the uplift of common people.  (7) Control over the sectarianism.

Prime Minister Syed Yousuf Raza Gilani announced full internal autonomy for the Northern Areas which will heretofore be called Gilgit-Baltistan. Some of the salient of the constitutional package are:  The Gilgit-Baltistan Empowerment and Self Governance Order 2009, replaces the Northern Areas Legal Framework Order of 1994. Under the order, Gilgit-Baltistan Assembly will formulate its own Rules of Procedures, while legislation on 61 subjects will be done by a council and an assembly in their respective jurisdictions.  The region will not be regarded as a province, as the self-rule has been granted on the pattern of Azad Jammu and Kashmir.  The self-governance to Gilgit-Baltistan will have no impact on the future of Kashmir.  The Legislative Assembly will elect its own Chief Minister, however, the Legislative Assembly of Gilgit-Baltistan would have no control over defence and treasury. The elections in the areas would be held in October this year. Out of 36 assembly members, 24 would be elected directly whereas seven seats each would be reserved for the technocrats.  Your browser may not support display of this image.

Federally Administered Northern Areas (FANAs) of Pakistan often described as “mountain desert” constitutes some extremely sensitive strategic landscape of Pakistan.  With the partition of the Sub-continent in 1947, the Muslims dominated areas in North started revolt against Hindu Dogra rule, as some of its parts were under loose administrative control of Hindu Maharaja of Kashmir.  The revolt, based on two-nation theory, culminated in success and the present territories now called Northern Areas (NAs) came into existence as a separate administrative entity.  The Northern Areas have been divided into six districts:  Gilgit, Skardu, Ghizer, Diamar, Gangchi, and Astore.  The region comprises an area of 72,486 sq. km, with Chinese province of Xinjiang to the north, Indian-held-Kashmir (IHK) to the east, Azad Jammu and Kashmir (AJK) to the south and Afghanistan and Central Asia, through the Wakhan Corridor, to the west.  According to the most recent census, the population is estimated at 2.0 million.  The area has many ethnic groups – Baltees, Kashmiris, Pathans, and Ladakhis, speaking a multiplicity of languages, including Balti, Shina, Pushto and Urdu.  Gilgit is 60% Shia, 40% Sunni; Hunza, Punial, Yasin, Ishkoman and Gupis are l00% Ismaili; Nagar 100% Shia; Chilas and Darel/ Tangir l00% Sunni; Astor 90% Sunni, 10% Shia; Baltistan 96% Shia, and 4% Sunni).  The Federally Administered Northern Areas are governed through Northern Areas Legislative Council (NALC) and Kashmir Affairs and Northern Areas (KANA).

A cursory look at the Wikipedia will provide the historical perspective of Northern Areas of Pakistan.  The constitutional development in the Northern Areas has followed a markedly different route due to the peculiar characteristics of the area. The areas that today make up Northern areas were once part of British Empire serving as a bulwark against Russian expansionism in Central Asia.  It proved difficult, however, for the colonial government to establish its writ in the tribal areas.  Colonial administrators oversaw but never fully controlled the region through a combination of British-appointed agents and local tribal elders.  Soon after Independence, Northern areas continue to be governed primarily through the Frontier Crimes Regulation (FCR) of 1901.  A political agent was initially given charge of the region.  After a brief period under NWFP’s administrative control, Gilgit Agency, including Baltistan was placed under KANA in 1950.  In 1952, the KANA joint secretary was given the responsibility of administering the Northern Areas as “political resident” based in the federal capital.  He yielded extraordinary powers, heading the local administration, judiciary, financial and revenue.  In 1969, a Northern Areas Advisory Council (NAAC) was created but it was devoid of decision-making powers.  Under Zulfikar Ali Bhutto, the agency system along with the FCR was abolished in 1974, and Gilgit and Baltistan were transformed into districts like those in Pakistan’s settled areas.  The Northern Areas Council Legal Framework Order (LFO) of 1994, serves as their basic law, under which the KANA federal minister heads the executive branch responsible for policy, administration, development and law making in the Northern Areas.  Under the LFO, the NAC became 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. It lacks meaningful legislative powers and wields no control over the executive, which still consists of bureaucrats appointed by the KANA minister.  Absent from decision-making forums in Islamabad, the Northern Areas also have no voice on the budget.  In May 1999, the Supreme Court of Pakistan delivered a landmark judgment on the constitutional status of the Northern Areas in response to Constitutional Petition 17 of 1994.  Declaring that Pakistan exercised de facto as well as de jure administrative control over the Northern Areas, the Supreme Court ruled that the people of the Northern Areas were “citizens of Pakistan, for all intents and purposes”.  The Supreme Court decreed that the people of the region were not able to exercise their right to govern through their chosen representatives because the NALC could not be equated with provincial government.  President General Pervez Musharraf has announced a historic package on October 23, 2007 by giving maximum financial and administrative autonomy for the people of Northern Areas as harbinger of new era of progress.

The PPP-led democratic Government has taken some concrete steps to provide meaningful autonomy to the Federally Administered Northern Areas extending civil and political rights to its people.  The federal government’s effort to grant self-government is largely responsible for bringing peace in the region.  The elected and representative government in Islamabad has ensured that political reforms are locally driven and not centrally dictated.  The “Gilgit-Baltistan Empowerment and Self-Governance Order 2009” package coupled with economic development programme will frustrate anti-Pakistan elements, like Indian secret agencies,  Abdul Hameed Khan, Chief of Balwaristan National Front (BNF), Emma Nicholson, the Vice Chairperson of the Committee of Foreign Affairs of the European Union and member of the European Parliament, etc.  The Government has envisioned a bright future for the people of the NAs and extensive efforts are being made to ensure the realisation of their aspirations.  It will go a long way to empower the people towards self-rule and self-governance.

By Khalid Khokar