Daily Times

The areas that constitute Gilgit-Baltistan were part of Gilgit Agency as well as Gilgit Wazarat of pre-independence era. The lease of Gilgit Agency of British era was abolished by the British in July 1947 and the areas that constituted the Agency were returned to the Maharaja. The people spontaneously rose in rebellion against the Dogra ruler when he acceded to India. The revolt was led by Gilgit scouts and the area was liberated through an armed struggle. When India took the case to UN in 1948 the ceasefire was effected through UN Resolution 39.and a plebiscite was directed by UN as per UN Resolution 47 adopted on 21 April 1948. The areas constituting Gilgit, Skardu, Nagar, Hunza, Diamer-Darel were constituted into Gilgit Agency by Pakistan in 1947. The federal government entered into an agreement with Muslim Conference of AJ&K and through Karachi Agreement dated 28 April 1949 according to which the Gilgit Agency was ceded to federal government for administrative control. Ever since then the areas constituting, GB though part of State of J&K has been ruled directly by the federal government.

In 2009 the Gilgit-Baltistan Empowerment and Self Governance Order 2009 was announced and the term “Northern Areas” was replaced by “Gilgit-Baltistan”. In August 2015 Gilgit-Baltistan Legislative Assembly passed a unanimous resolution which asked federal government to declare the region as a constitutional province of Pakistan. In October 2015, Prime Minister Nawaz Sharif set up a committee to review the constitutional and administrative status of GB and recommend constitutional and administrative reforms keeping in view the UN Resolutions on Kashmir. The Committee after its deliberations recommended the provisional status of a province alongwith representation to GB in the National Assembly and Senate through constitutional amendments in articles 51 and 59 of the Constitution of Pakistan. GB’s representation in all constitutional bodies and bringing the GB Assembly at par with other provincial assemblies was also proposed.

In July 2018, the federal government approved a new Gilgit-Baltistan Order 2018 replacing the GB Empowerment and Self Governance Order of 2009. The Order was approved by the GB Legislative Assembly also. As per the Order, all powers exercised by GB Council were shifted to the GB Assembly. The role of Kashmir and Northern Areas Ministry was abolished and reforms like GB provincial Service Commission, appointment of local judges in High Court and civil service, and dismantling of all federal taxes were introduced. The order however fell short of expectations of people because of the overwhelming powers vested in the office of PM including powers to levy taxes. In July 2018, the GB Appellate Court set aside the GB Order 2018 and restored the GB self-governance Order 2009. This judgment was suspended by Supreme Court on 3rd December 2018.

Any change in the constitutional status of GB or AJ&K should only be provisional and ensure that Pakistan’s commitment to the Security Council resolutions is not compromised

Altering the constitutional status of GB which is still legally part of disputed State of Jammu and Kashmir might bring the same criticism on Pakistan as is being leveled on India after its illegal annexation of the Indian Occupied part of State of J&K on 5th August 2019.Any change in the constitutional status of GB or AJ&K should only be provisional and ensure that Pakistan’s commitment to the Security Council resolutions is not compromised. This commitment should be in consonance with UN Security Council Resolutions 91(1951) and 122(1957) which declare that the “final disposition of the state would be made through a plebiscite, but does not prohibit any interim steps to enhance autonomy or to ensure full exercise of democratic rights.” While altering the constitutional status of the GB care should be taken to take the views of GB as well as AJ&K into consideration. There is a strong sentiment in both parts of the disputed territory of the State of J&K.

People of GB feel that they have been deprived of their constitutional rights due to Karachi Agreement 1949 when their constitutional status was decided without their involvement in the decision making process. People of AJ&K feel strongly that they have also not been granted full autonomy and that the GB being part of State of Jammu and Kashmir should not have been ceded to the federal government and any new constitutional decision about the status of GB should only be after their concurrence. Pakistan may opt for altering the constitutional status of the GB and AJ&K through amendments in constitution with the proviso that changes do not alter the permanent status of disputed areas. Article 6 of Sino-Pakistan Accord 1963 is an example where a provision has been kept for renegotiation of the boundary after settlement of the Kashmir dispute.

The provisional province status could be ensured through two options i.e giving provisional status to GB alone by amending Articles 51 and 59 without amending Articles 1 and 257. In second option Articles 1,51, and 59 could be amended keeping 257 intact and more autonomy could be given to both GB and AJ&K. GB Order 2018 and AJ&K Interim Constitution Act 1974 would need to be suitable amended. The modalities of having one or two legislative assemblies and a common Senate representation could also be considered as a part of constitutional package. This option might be more acceptable to AJ&K and defendable at international for a. The demand for political rights and integration by GB population is genuine in view of past denial of rights enjoyed by rest of the Pakistanis. The grant of political rights as enjoyed by other provinces to GB is a requirement that needs to be fulfilled to assuage the feelings of political deprivation.

Any alteration of the constitutional status of the GB needs to be undertaken through a consultative process with AJ&K. A similar set of political rights could be ensured for both AJ&K and GB emphasizing their unity as disputed areas instead of only granting a separate provisional provincial status to GB. Autonomy should be granted to AJ&K and GB on the principles that the UN Security Council Resolution based stance is not impaired, the representation of AJ&K and GB in the Parliament of Pakistan, electoral college for the election of President and federal bodies along with application of those parts of Pakistan’s constitution to the both to which they concur.

The process of constitutional reforms should not be hastened and should be undertaken through a deliberate consultative process between AJ&K and GB and government of Pakistan. Experts in international as well as constitutional law should be consulted along with all stakeholders instead of imposing a hasty solution that might be unacceptable to either parts of the disputed State of J&K i.e GB and AJ&K.

The writer is a PhD scholar at NUST:rwjanj@hotmail.com