Giving Northern Areas Their Due Rights

Published in The News International Pakistan
August 2, 2007


Giving the Northern Areas their due rights






By Afzal A Shigri
In the recent weeks there has been a spate of statements on the constitutional issue of the Northern Areas in the local press at responsible political level.

In late April, the Northern Areas chief executive (who is also the federal minister for Kashmir Affairs and Northern Areas Affairs) claimed progress in granting constitutional rights to the people of the Northern Areas. At around the same time, ruling party Senator Nisar Memon said that the region should be given a provincial status. In the first week of May, the same member of parliament reiterated this view, saying that the region would soon be given its due constitutional rights.

On May 11, the federal minister for the region said that the Northern Areas had a right to be represented in the national assembly and that he would use his influence to secure this representation for the area. On May 20, the minister quoted the prime minister as saying that the people of the region would soon hear very good news. These developments, reported in the regional newspapers, are very encouraging and one feels that something serious is in the offing.

Similar statements were made before the election to the Northern Areas Legislative Council (NALC) and Senator Memon announced a package on behalf of the president. The package included an increase in the strength of the NALC from 29 to 32 by adding three technocrats. It also made an amendment in the Local Government Ordinance to set aside one-third seats for women, the delegation of administrative and financial powers to the NA administration and a number of other concessions. However, given what the minister had been saying prior to this, these measures seemed quite disappointing, mainly because they failed to address the critical issue of constitutional rights of the people of the area.

It was meaningless, as it did not even implement the legally binding judgment of the Supreme Court of Pakistan that had clearly directed that the people of the area must be given self-rule through its representatives and an independent judiciary to protect the fundamental rights of the people. The elections to the NALC were held on October 12, 2004. The people of the Northern Areas expressed the rejection of the package as the PML-Q could only get seven seats out of the total of twenty-four but it managed to cobble up a majority through manipulation and buying the independent members with promise for appointment as advisers. These appointments were however made after more than two years of the elections.

The promises before the election of NALC were essentially a political ploy to secure seats in the council but the recent statements seem to have been triggered by two reports that have exposed the Government of Pakistan for its failure to deal with the NA fairly. One of these reports exclusively deals with the NA and has been prepared by International Crisis Group (ICG), an independent Brussels-based NGO engaged in high level advocacy to prevent and resolve deadly conflict through field-based analysis. The other one is a report by Baroness Nicholson drafted for the European Parliament on Kashmir. In this report the status of Gilgit and Baltistan has been discussed and it is referred to as a region where there is a "total absence of constitutional identity or civil rights". The other portions in this report were highly critical of both India and Pakistan in the way they had been dealing with the population of this disputed area and the report has become controversial. Pakistan's ambassador to Brussels wrote to the baroness saying that the Northern Areas were not part of Jammu and Kashmir state. The ambassador in his letter said that UN resolutions on Jammu and Kashmir "do not, in any manner, apply to any part of the Northern Areas" and also that "integration of the Northern Areas with Pakistan is also not prohibited". Whatever the fallout of this report, it is good news for the people of NA as they have been clamouring for grant of equal status with citizens of Pakistan with representation in the assemblies. It is a major departure from the officially stated position by the GOP at all forums including the Supreme Court.

The report by ICG covered the historical, constitutional, political and sectarian aspects in detail and has flagged the possible repercussion of continued denial of fundamental rights to the people of this area. While comparing the arrangements in Azad Jammu & Kashmir (AJK) it states, "In stark contrast, it (Pakistan) administers the Northern Areas under Legal Framework Order (LFO) of 1994, an administrative instrument used to strengthen its hold over the region while denying its residents basic political and civil rights". Historically these areas became part of the Kashmir state through aggression, deceit and intrigue. The people of this area have no cultural, ethnic or lingual commonality with Kashmir. They never accepted their status as Kashmiris and when the opportunity was presented they revolted and joined Pakistan of their own free will after throwing away the yoke of the Dogra rule. From November 1, 1947, to November 16, 1947, Gilgit was an independent area and Baltistan was in revolt. Hunza and Nagar formally acceded to Pakistan. After a long and valiant struggle of almost one year the rest of the Northern Areas were liberated and became part of Pakistan. The government then drew up the controversial 1949 Karachi Pact with the leaders of Azad Jammu and Kashmir. Under this plan, administrative control of the Northern Areas was handed over to the federal government - this was done without consulting the people of the region.

It could be argued that the AJK leaders bartered the rights of the people of the Northern Areas to safeguard their own political interests. This pact that had no legal or moral basis linked the fate of the people of Northern Areas with the Kashmir dispute and the region since then has remained in constitutional limbo. The people of the region have never accepted their status as subjects of Kashmir state as it will practically mean legitimising the aggression of the Dogra rulers. They are Pakistanis who have been denied their constitutional rights on the basis of a pact signed by someone who had nothing to do with this area.

There is no reason to deny constitutional rights to the people of this area just because no one wants to look into the issue in its correct perspective. The decision makers must remember that the people of the Northern Areas have always shown unstinting loyalty to Pakistan and have joined it after throwing out the Dogra rulers. The least that the GOP should do is to implement the judgment of the Supreme Court in letter and spirit instead of circumventing it through an LFO that negates the orders of the court.

This area has assumed immense importance in the recent past due to its location for providing an energy corridor for China, its tremendous potential for hydropower energy and mineral wealth. The continued ambiguity on its status will frustrate our efforts to develop it as an energy corridor or develop mega power projects.

Any meaningless decision that does not empower the elected representatives of the area and provides an independent judiciary will only backfire with destructive impact on the area. The patience of these committed Pakistanis should not be further tested as they seem to have reached their threshold of tolerance that has manifested itself in nationalist movements that can potentially disturb the existing untenable governance structures and there is a danger that the simmering discontent may turn into unpredictable developments to the detriment of the interest of the country and people of this area.



The writer is former inspector general of police. Email: skardu14@yahoo.com