The Pakistan Coastal Development Authority issued by the President recently has sparked a controversy between the Federation and the province of Sindh over the ownership of Bundal (Bhandar) and Dingy Islands situated at a small distance from Karachi. The Sindh claims the ownership of the Islands on the basis of the Constitutional Article 172, while the Federation lays claim over them as part of the Bin Qasim Seaport and wants to develop a new skyscraper city over the Islands sprawling over 12000 acres of land.
The Article 172 in all its three sections is quite clear in determining the ownership of land, oil, gas and minerals between the Federation and the concerned province. It states in section (1) any property which has no rightful owner shall, if located in a Province, vest in the Government of that Province, and in every other case, in the Federal Government; the section (2) says all lands, minerals and other things of value within the Continental Shelf or underlying the ocean (beyond) the territorial waters of Pakistan shall vest in the Federal Government; while the section (3) says subject to the existing commitments and obligations, minerals, oil and natural gas within the Province or the territorial waters adjacent thereto shall vest jointly and equally in that Province and the Federal Government.
The word (beyond) in Section (2) inserted as part of the 18th Amendment is very important to determine the ownership of the above Islands. The Federation can claim the ownership of lands, minerals and other things of value within the Continental Shelf or underlying the ocean beyond the territorial waters. That means these assets underlying the ocean within the territorial waters belong to Province where these are located. According to the UN Convention on Law of Sea, the territorial waters stretch from the shore up to 12 nautical miles or 22 kilometers.
The Constitutional experts of Sindh are unanimous in their comments that the Presidential ordinance establishing Pakistan Coastal Development Authority is in violation of the relevant Articles of the Constitution of Pakistan
The land surrounding the Bin Qasim Seaport was leased to the Federal Government by the Province to facilitate import of raw material for – and export of the products of – the Pakistan Steel Mills and the construction of roads from the Mills to the Seaport, Steel Mills colony and Health facilities etc. In no way, this land leased to Bin Qasim Port includes the Islands. This land will also return to Sindh if the Steel Mills stop functioning for any reason.
The land of the Islands belongs to the people of Sindh. The Government of Sindh is just custodian of the public assetsof the Province. It has no power to dispose of the public assets without the consent of the people of Sindh to be expressed through their elected representatives. These Islands and creeks from Karachi to Thatta, being part of the Sindh Delta and fishing grounds, have been sustaining the livelihood of fishermen of Sindh for centuries whose population has grown to over 0.8 million, and are surrounded by many hectares of mangrove forests providing natural nurseries for breeding of shrimps and other valuable breeds of fish.
The Islands serve multi purposes for the fishermen. They use the Islands waiting and resting for days for their catches or take shelter in their thatched huts if the ocean becomes intemperate with hide tides. They also repair their fishing nets and boats and dry fish there. The Islands are host to migratory birds, wild and marine life and a large number of fisher folk and Kharai (salt) camels which catch the sight of visitors by their big size and black colour. One of the Islands has a saint’s shrine which attracts thousands of pilgrims from fisher folk and the coastal population every year. This culture developed over centuries has strengthened bonds of over two million coastal people with the ocean and these Islands and Creeks.
Pakistan has a long coastal belt of over 1000 miles. There are some 300 small and big Islands situated in the coastal belt of the province of Sindh only which, the fisher folk fear, would be taken over by the Federal Government after the constitution of the Pakistan Coastal Development Authority and the passage of the Presidential ordinance by the Parliament. This is what has created apprehensions in the fishing community, civil society and human rights organizations and unrest in the people of Sindh. This has already triggered protesting marches by the nationalist political parties supported by the civil society and human rights organizations.
We may recall the Musharraf regime had made two attempts in 2000 and 2006 to develop the twin Islands for a high rise city but the project was shelved due mainly to the protests of the people of Sindh. Following General Musharraf’s footprints, the Zardari Government attempted in 2012-2013 to lease out the Islands to the estate tycoon, Malik Riaz. However, the project was abandoned because of an adverse verdict of the Supreme Court of Pakistan. Maybe, the Zardari regime did not have time to implement his project as his PPP was rooted out in the general elections of 2013. His provincial government along with Malik Riaz conceived the Bahria Town project- another night raid on the precious lands of Sindh.
The Constitutional experts of Sindh are unanimous in their comments that the Presidential ordinance establishing Pakistan Coastal Development Authority is in violation of the relevant Articles of the Constitution of Pakistan, and also is against the International Conventions which provide social, economic and cultural sovereignty to the indigenous people. The development of the Islands, apparently a very catchy phrase, and the construction of a modern city there, will upend the fishing grounds and pathways of 800,000 fishermen depriving them of their livelihood apart from destroying the ecological environment.
They say the Government of Sindh has many options to resist the Federal Government from taking over the Islands of Sindh. It can pass a resolution in the Sindh Assembly rejecting the Presidential ordinance; can raise the issue in the Council of Common Interests; challenge the ordinance in the Supreme Court of Pakistan.
The author was a member of the Foreign Service of Pakistan and he has authored two books