Tourism in Siachen
The News - Tuesday, September 25, 2007
India has decided to open the Siachen glacier, the part under its control, for tourism activities. A trekking expedition, facilitated by the Indian army, has reportedly arrived in Leh and is in the process of the acclimatization and training needed before launching into the high altitude trekking zone. The last recorded international trekking expedition to the Siachen glacier took place in the early 80s, and the official permit for the Japanese expedition was granted by the tourism department in Islamabad. In fact, there are two major developments taking place across the Siachen, the other being the United Kingdom and Indian military high altitude war game in Ladakh. The unilateral and ill-timed decision to open Siachen for mass tourism clearly goes against the spirit of the peace building and dialogue process. It can actually cast a shadow over the bilateral detente, which has seen a fair degree of improvement and consistency during the last few years. The announcement could not have come at a worse time for president Musharraf, who is grappling with multiple political and legal challenges thrown at him by the political opponents, and also by Al-Qaida leaders, Osama Bin Laden and Ayman Al Zawahiri, through an open declaration of war. When it comes to Siachen, it seems as if it is the Indian army and not the political leadership in Delhi that calls the shots. A few months back it was reported that Islamabad and Delhi are nearing an accord on demilitarization of the glacier when the Indian army intervened and scuttled the dialogue. Here again, it is Indian army chief General J. J. Singh, who has come forward to defend India's position with regard to allowing trekking activities on the glacier, while India's political leadership and bureaucracy are playing cool. See, it is not just Pakistan where the military leadership makes decisions. Siachen is part of Baltistan, which is a major constituent of the federally administered Northern Areas of Pakistan. Before 1947, Ladakh wizarat was comprised of two districts, namely Baltistan and Ladakh. The wizarat had two capitals, Skardu and Leh, wherein the seat of the government moved alternately in the winters and summers. The entire Siachen area and the Kargil valleys were part of Baltistan, Kargil being one of the tehsils in the Baltistan district. All trekking expeditions to Siachen would commence from Skardu till the early 80s.Siachen glacier was so remote and inhospitable a place that no human presence, let alone fighting, was observed during the wars between the two countries. There was no question of change in boundary in the area as a result of the1965 or 1971 wars. However, the last sentence of the July 1949 ceasefire agreement brokered by the UN Commission for India and Pakistan, does mention 'Chalunka Khor (on the Shyok river) thence north to the glaciers'. The provisional boundary agreement between Pakistan and China, which demarcates the boundary between the Xingjian province of China and the Northern Areas, also points to the tri-junction with Afghanistan on the west and the Karakoram Pass on the east. At that time, India's protest saying that the portion 'west of Karakoram Pass was under Pakistan's unlawful occupation', thus implying that the part was actually under Pakistan's control. It was only after 1982 that India started sending exploratory expedition from its high altitude warfare school to the area, which culminated in the moving of troops to the area in 1984, another unilateral action to which Pakistan responded kindly. Since then, Siachen's treacherous sub zero climate has sucked in billion of rupees in military expenditures of both the impoverish countries and has counted for scores of lives, more due to frost bite and high altitude sickness than combat action. There were times when both the countries were actually keen about negotiating terms of disengagement from the glacier. In 1989, former Prime Minister Benazir Bhutto and Rajiv Gandhi arrived on an agreement for redeployment of troops from Siachen but the agreement was not implemented. India has since been insisting on an 'authentication of actual ground position' but the two sides have so far failed to evolve consensus methodology and a system to do so. Lately, there have been reports of a growing perception among military leaders that the climate around the glacier has transformed, and the warmer temperature has brought down climate related causalities to a bearable level. Or perhaps, the forces stationed on the glaciers have adapted to the rough climatic condition. In any case, the change is being cited as one of the reasons behind the lack of interest in disengagement on the part of the India army, which occupies higher ground and were earlier more vulnerable to the extreme climatic effects. Nonetheless, it is the sensitivities related to the climate change, which should have catalysed a peaceful disengagement. Siachen is the world's largest glacier outside the poles, therefore, climate change occurring on and around the glacier will adversely affect the ecological well-being of the world in general, and Pakistan and India in particular. Faster melting or depletion of a massive glacier like Siachen can result in a corresponding rise in temperature and also an eventual rise in see level, which can further complicate challenges being posed by the phenomena of climate change at a regional and global scale. Decades of military conflict and presence of army personals on the glacier has already caused irreparable damage to the sensitive ecosystem. Many conservationists argues that Siachen needs ecological rehabilitation; it will need time to recover from the scars on its ecosystem inflicted by years of bombing, exchange of fires and non biodegradable waste heaped on it. Therefore, instead of rushing in trekking expeditions to legitimize occupation, that too in off-season, the two countries should take their dialogue process forward for total disengagement from the glacier. This would eventually pave the way for developing an appropriate conservation and management mechanism to turn the Siachen glacier area into a cross boundary peace park. The idea of a peace park in Siachan is the only win-win solution of the festering dispute, for a peace park would symbolise friendship and tolerance, be accessible to interested Indian, Pakistani and international trekkers, and more importantly, it would be a park where necessary environmental safeguards are followed in the interest of nature and posterity. The writer is based in Islamabad and has a background in media, public policy and development. Email: ismail.mik@gmail.com
Tuesday, January 13, 2009
Geneva Convetnion on Kashmir
Geneva Convention on Kashmir
The News - Tuesday, October 02, 2007
Unless human rights are respected, public spaces and ecologically sensitive zones are demilitarised and people's dignity is restored through a democratic process of self-governance, peace in Kashmir will remain to be an illusive dream and the sword of nuclear conflict will keep hanging over the heads of the South Asians. This was the strong reminder of the Geneva Convention on Kashmir which was held last week.A large number of jurists, lawyers, academics, experts from think tanks, politicians from both the sides of the Line of Control and peace and human rights activists from all over the world, including this writer, turned up at the United Nations building in Geneva, Switzerland, on September 24-25 to review human rights situation in Jammu and Kashmir, analyse the ongoing peace process between the two neighbours and discuss the relevance of the nuclear factor with regard to the unresolved dispute.Organised by the International Human Rights Association of American Minorities (IHRAAM) and the International Council for Human Rights (ICHR), Kashmir Centre EU, the event was held concurrent with the 6th session of the UN Council for Human Rights. The venue of the event was the historic Pailas des Nations where treaties and protocols governing the standards for international law related to human rights evolved from 1864 to 1949, which have since been ratified by 194 countries, including India and Pakistan.However, so intense is the ongoing political conflict and polarisation in the country that even Kashmir is struggling to find a place on the political radar screen. Not only this historic convention and its well meaning recommendations received little mention in the media but also the Indian military's unilateral action to open Siachen glacier for tourism, which in prevailing circumstances amounts to hampering the peace process, went almost unnoticed among ruling and opposition parties' leaders who are preoccupied with their power game.The delegation from Srinagar included Bilal A Lone, chairman of the Jammu and Kashmir People's Conference, Farooq Siddiqi, chairman of the Jammu and Kashmir Liberation Front (JKLF) and Advocate Nazir Ahmed Ronga, president of the Jammu and Kashmir High Court Bar Association. Ronga pleaded for the repeal of the special army powers granted under the so-called anti-terror laws causing sever violation of human rights. Impunity enjoyed by armed forces personnel and disappearance and extrajudicial execution of suspects in fake encounters continue to play havoc with the lives of the ordinary peole in the valley. Other noted speakers like Prof Maurizo Martellini, ambassador Masood Khan, Barrister Majid Tramboo, Per Gahrton, Frank Scwalba Hoth, Plamen Tonchev, Mariana Babar, Anne Speckhard, Holgar Haibach, Dr Heinrich Bortis, Sheikh Tajamul Hussain, Prof Nazir Shawl and Marjan Lucas analysed various aspects of the peace process and presented useful recommendations.Almost all delegates, particularly those from Europe and North America, were unanimous in supporting President Pervez Musharraf's four-point formula wherein he has proposed the softening of borders, gradual demilitarisation, autonomy and self-governance for various regions and a joint management mechanism in the Kashmir valley and Azad Jammu and Kashmir. They thought that President Musharraf had the political stature and internal command to change the status quo, but India failed to react to these ideas in time. It will now have to wait for the political climate in Pakistan to settle and/or for the time till President Musharraf could strengthen his position following the forthcoming elections.Meanwhile, they argued that India should get serious to address human rights violations in the state in order to foster an enabling environment for a constructive and result-oriented political dialogue. Many delegates were of the opinion that like peace processes in other conflict-prone regions there is a need to involve the armed groups in the dialogue process so that they could own future political decisions. The convention concluded with the adoption of the "Geneva Convention on Kashmir -- Working Paper". The salient points endorsed by the delegates from around the world were:1. It is firmly believed that effective demilitarisation will bring an increased sense of security, cessation of all violence and flexibility and tolerance. In addition, it is vital for the protection of environmental assets of global significance, e.g. glaciers, water bodies and forests.2. It is strongly recommended that international organisations/bodies, such as the European Union and the United Nations, appeal to Kashmiri militant groups that they declare a ceasefire. The Geneva Convention on Kashmir urges resistance groups and all those in a position to do so to establish the circumstances which would create an environment conducive to stop violence and human rights abuses. For the peace process to succeed, an atmosphere is needed that is free of intimidation and terrorism.3. The effective remedies should be made available to protect and promote human rights in Jammu and Kashmir in accordance with the Geneva Convention.These remedies and reparations include things such as restitution, rehabilitation and compensation (this relates to compensating a victim for any pecuniary and non-pecuniary assessable damage resulting from a violation, including physical or mental harm, emotional distress, lost educational opportunities, lost marital opportunities, loss of earnings, legal and/or medical costs).The Geneva Convention on Kashmir strongly urges free access to respected independent NGOs and agencies to monitor human rights and to provide counselling for those who have been traumatised by the acts of violence and/or terrorism.4. The convention also called for the provision of enhanced and improved communication and free movement between different parts of the former state of Jammu and Kashmir.5. The Geneva Convention on Kashmir suggests to form a think tank -- "Kashmir European Strategic Group (KESG)", which may from time to time engage in providing fresh ideas and input for the two governments and the Kashmiri leadership to strike a balance in order to solve the Kashmir conflict which can lead to sustainable peace and encourage prosperity in the region. The KESG intends to encourage the two governments to remain on the path of dialogue and negotiations.The writer is a development analyst from Skardu, Northern Areas, based in Islamabad.
The News - Tuesday, October 02, 2007
Unless human rights are respected, public spaces and ecologically sensitive zones are demilitarised and people's dignity is restored through a democratic process of self-governance, peace in Kashmir will remain to be an illusive dream and the sword of nuclear conflict will keep hanging over the heads of the South Asians. This was the strong reminder of the Geneva Convention on Kashmir which was held last week.A large number of jurists, lawyers, academics, experts from think tanks, politicians from both the sides of the Line of Control and peace and human rights activists from all over the world, including this writer, turned up at the United Nations building in Geneva, Switzerland, on September 24-25 to review human rights situation in Jammu and Kashmir, analyse the ongoing peace process between the two neighbours and discuss the relevance of the nuclear factor with regard to the unresolved dispute.Organised by the International Human Rights Association of American Minorities (IHRAAM) and the International Council for Human Rights (ICHR), Kashmir Centre EU, the event was held concurrent with the 6th session of the UN Council for Human Rights. The venue of the event was the historic Pailas des Nations where treaties and protocols governing the standards for international law related to human rights evolved from 1864 to 1949, which have since been ratified by 194 countries, including India and Pakistan.However, so intense is the ongoing political conflict and polarisation in the country that even Kashmir is struggling to find a place on the political radar screen. Not only this historic convention and its well meaning recommendations received little mention in the media but also the Indian military's unilateral action to open Siachen glacier for tourism, which in prevailing circumstances amounts to hampering the peace process, went almost unnoticed among ruling and opposition parties' leaders who are preoccupied with their power game.The delegation from Srinagar included Bilal A Lone, chairman of the Jammu and Kashmir People's Conference, Farooq Siddiqi, chairman of the Jammu and Kashmir Liberation Front (JKLF) and Advocate Nazir Ahmed Ronga, president of the Jammu and Kashmir High Court Bar Association. Ronga pleaded for the repeal of the special army powers granted under the so-called anti-terror laws causing sever violation of human rights. Impunity enjoyed by armed forces personnel and disappearance and extrajudicial execution of suspects in fake encounters continue to play havoc with the lives of the ordinary peole in the valley. Other noted speakers like Prof Maurizo Martellini, ambassador Masood Khan, Barrister Majid Tramboo, Per Gahrton, Frank Scwalba Hoth, Plamen Tonchev, Mariana Babar, Anne Speckhard, Holgar Haibach, Dr Heinrich Bortis, Sheikh Tajamul Hussain, Prof Nazir Shawl and Marjan Lucas analysed various aspects of the peace process and presented useful recommendations.Almost all delegates, particularly those from Europe and North America, were unanimous in supporting President Pervez Musharraf's four-point formula wherein he has proposed the softening of borders, gradual demilitarisation, autonomy and self-governance for various regions and a joint management mechanism in the Kashmir valley and Azad Jammu and Kashmir. They thought that President Musharraf had the political stature and internal command to change the status quo, but India failed to react to these ideas in time. It will now have to wait for the political climate in Pakistan to settle and/or for the time till President Musharraf could strengthen his position following the forthcoming elections.Meanwhile, they argued that India should get serious to address human rights violations in the state in order to foster an enabling environment for a constructive and result-oriented political dialogue. Many delegates were of the opinion that like peace processes in other conflict-prone regions there is a need to involve the armed groups in the dialogue process so that they could own future political decisions. The convention concluded with the adoption of the "Geneva Convention on Kashmir -- Working Paper". The salient points endorsed by the delegates from around the world were:1. It is firmly believed that effective demilitarisation will bring an increased sense of security, cessation of all violence and flexibility and tolerance. In addition, it is vital for the protection of environmental assets of global significance, e.g. glaciers, water bodies and forests.2. It is strongly recommended that international organisations/bodies, such as the European Union and the United Nations, appeal to Kashmiri militant groups that they declare a ceasefire. The Geneva Convention on Kashmir urges resistance groups and all those in a position to do so to establish the circumstances which would create an environment conducive to stop violence and human rights abuses. For the peace process to succeed, an atmosphere is needed that is free of intimidation and terrorism.3. The effective remedies should be made available to protect and promote human rights in Jammu and Kashmir in accordance with the Geneva Convention.These remedies and reparations include things such as restitution, rehabilitation and compensation (this relates to compensating a victim for any pecuniary and non-pecuniary assessable damage resulting from a violation, including physical or mental harm, emotional distress, lost educational opportunities, lost marital opportunities, loss of earnings, legal and/or medical costs).The Geneva Convention on Kashmir strongly urges free access to respected independent NGOs and agencies to monitor human rights and to provide counselling for those who have been traumatised by the acts of violence and/or terrorism.4. The convention also called for the provision of enhanced and improved communication and free movement between different parts of the former state of Jammu and Kashmir.5. The Geneva Convention on Kashmir suggests to form a think tank -- "Kashmir European Strategic Group (KESG)", which may from time to time engage in providing fresh ideas and input for the two governments and the Kashmiri leadership to strike a balance in order to solve the Kashmir conflict which can lead to sustainable peace and encourage prosperity in the region. The KESG intends to encourage the two governments to remain on the path of dialogue and negotiations.The writer is a development analyst from Skardu, Northern Areas, based in Islamabad.
Nothern Areas to reject another LFO
Northern Areas to reject another LFO
The News - Tuesday, October 23, 2007
http://www.thenews.com.pk/daily_detail.asp?id=76697
“Among the hundred and forty people who lost their lives in the carnage the other day in Karachi, eight (8) of them were villagers from Khaplu near the Siachan glacier in the Northern Areas, three (3) are still missing and thirty (30) people from the region received serious injuries and are undergoing treatment in various hospitals in Karachi. Surely, they would never die for another LFO?” The Legal Framework Order or the LFO has become a dreadful word in Pakistan. The term has been used and abused so many times to justify extra-constitutional actions that it has become synonymous with absence of legitimacy and presence of misrule. Not long ago a number of Supreme Court judges refused to take oath under the LFO, and those who took oath of their offices under the LFO were castigated by the civil society, well, until they washed their sins in the river of defiance and judicial activisms. President Musharraf on Saturday has reportedly consented to a new draft LFO for the federally administered Northern Areas. The previous LFO for the region was introduced by Prime Minister Benazir Bhutto in 1994. Northern Areas is the only administrative unit in the world today which is being run through LFOs for the last four decades. Before that it was ruled through another draconian instrument called Frontier Crime Regulations or FCR — a colonial linchpin still operative in the federally administered Tribal Areas but thankfully abolished in the Northern Areas by Z. A. Bhutto in 70s. The new LFO for the Northern Areas was under active consideration of the law ministry, the same ministry which prepared the famous reference against the Chief Justice of Pakistan, for six years. After six years of intense contemplation and manipulation it has spawned a recipe of ‘grass-root empowerment’, and the all purpose capsule prescribed is extension of Local Government Ordinance (LGO) to the Northern Areas.The LFO clearly falls short of the aspirations and expectations of the people. Local government system is not and has never been an issue in the Northern Areas. It already has a LG system under which district councils are functioning and municipal systems are operating. In fact, much of the community based development and governance concepts contained in the LGO were borrowed from the experience of NGO in the Northern Areas which have a strong participatory tradition. It’ is fine for people to have the system upgraded or replaced by the LGO, which in any case should have been done six years ago when it was introduced in the four provinces. What people of the Northern Areas have been demanding are fundamental political, constitutional and legal rights which are available, at least in theory, to people of all ethnic, religious and sexual orientation in the four provinces of Pakistan and the Azad Kashmir. Their demands are basic in nature. Those living in the Northern region of the country are seeking the right to vote in the national election, they are demanding the right to send public representatives to law making and decision making bodies in the centre where many critical decision about their future are being made. They want self government through an empowered provincial /regional government. The 1.5 million people have been demanding an independent judiciary, access to and jurisdiction of Pakistan’s higher courts. LFO does not and cannot cater to these fundamental rights. LFO by its essence is an extra-constitutional document. There is no mention of LFO in the constitution of Pakistan. There is no such provision in the constitution which allows the federation to impose LFO and deny people of a federating or non-federating unit their basic human and political rights. Why then the two ministries are insisting on LFO when they could do it in a legal way by a proper presidential ordinance or tabling a law in the parliament? The answer is simple; the the pig-headed bureaucrats and politicians running these ministries want to keep Northern Areas as their grazing pastures at any cost. On the surface, however, they wrap their arguments in the historical link between Northern Areas and the Kashmir. Northern Areas was indeed part of the former state of Jammu & Kashmir (J&K) but just as India and Pakistan was part of the British Raj for a certain period of time. It was result of an occupation. Kashmiris have never ruled Northern Areas; it was the Dogra Raja of Jammu who brought parts of the region under his sway that too well before the treaty of Amritsar was signed through which the Dogras purchased Kashmir valley from the British. And it is also true that it was the local people who fought their way out of the occupation in 1947 and decided to join Pakistan on their own sweet will, thereby, severing whatever symbolic relations they had with the princely state. But it was the then bureaucrats based in Karachi and some self-serving Kashmiri leaders who conspired to keep Northern Areas entangled with the Kashmir issue. They not only ignored the aspiration of the people of the region as manifested in the instrument of accession signed by local Rajas and Mirs and countersigned by Quaid-e-Azam Mohammad Ali Jinnah himself but went on to stage manage a controversial agreement (the Karachi agreement of 1949) between the leader of the Muslim Conference of Jammu and Kashmir and a minister without portfolio in the cabinet securing administrative rights in the Northern Areas which Pakistan already had, given by the local people. Sixty years have passed and plenty of water has gone down the Indus — which, by the way, has all its main tributary glaciers and rivers situated in the Northern Areas. Always a geo-strategic hinterland, each passing day Northern Areas is assuming greater importance. India with its growing influence is flexing muscles across the Siachan and in the Central Asia, the United States and the NATO’s presence in Afghanistan is a long term reality, hence Pakistan will have to firmly hold on to the coat tails of land connection with China passing through the Northern Areas. A disenfranchised and disenchanted people and continuation of LFO based illegitimate and immoral governance solution in a sensitive region amounts to playing in the hands of powers involved in the new great game. Delhi is the biggest beneficiary of the ambiguous policy.People of Northern Areas have already suffered a great deal on account of others; they do seem to have the forbearance to take on more. But it is for the sake of country’s own interest that the government must come up with a legitimate constitutional and legal instrument to define the status of the region before it gets too late. Northern Areas should either be integrated into the federation of Pakistan as the fifth province, even if it has to be subject to final resolution of Kashmir dispute or it should be allowed to develop an interim constitutional set up on the pattern of Azad Kashmir. The LFO is no solution. The writer is based in Islamabad and has a background in media, public policy and development. Email: ismail.skardu @gmail.com
The News - Tuesday, October 23, 2007
http://www.thenews.com.pk/daily_detail.asp?id=76697
“Among the hundred and forty people who lost their lives in the carnage the other day in Karachi, eight (8) of them were villagers from Khaplu near the Siachan glacier in the Northern Areas, three (3) are still missing and thirty (30) people from the region received serious injuries and are undergoing treatment in various hospitals in Karachi. Surely, they would never die for another LFO?” The Legal Framework Order or the LFO has become a dreadful word in Pakistan. The term has been used and abused so many times to justify extra-constitutional actions that it has become synonymous with absence of legitimacy and presence of misrule. Not long ago a number of Supreme Court judges refused to take oath under the LFO, and those who took oath of their offices under the LFO were castigated by the civil society, well, until they washed their sins in the river of defiance and judicial activisms. President Musharraf on Saturday has reportedly consented to a new draft LFO for the federally administered Northern Areas. The previous LFO for the region was introduced by Prime Minister Benazir Bhutto in 1994. Northern Areas is the only administrative unit in the world today which is being run through LFOs for the last four decades. Before that it was ruled through another draconian instrument called Frontier Crime Regulations or FCR — a colonial linchpin still operative in the federally administered Tribal Areas but thankfully abolished in the Northern Areas by Z. A. Bhutto in 70s. The new LFO for the Northern Areas was under active consideration of the law ministry, the same ministry which prepared the famous reference against the Chief Justice of Pakistan, for six years. After six years of intense contemplation and manipulation it has spawned a recipe of ‘grass-root empowerment’, and the all purpose capsule prescribed is extension of Local Government Ordinance (LGO) to the Northern Areas.The LFO clearly falls short of the aspirations and expectations of the people. Local government system is not and has never been an issue in the Northern Areas. It already has a LG system under which district councils are functioning and municipal systems are operating. In fact, much of the community based development and governance concepts contained in the LGO were borrowed from the experience of NGO in the Northern Areas which have a strong participatory tradition. It’ is fine for people to have the system upgraded or replaced by the LGO, which in any case should have been done six years ago when it was introduced in the four provinces. What people of the Northern Areas have been demanding are fundamental political, constitutional and legal rights which are available, at least in theory, to people of all ethnic, religious and sexual orientation in the four provinces of Pakistan and the Azad Kashmir. Their demands are basic in nature. Those living in the Northern region of the country are seeking the right to vote in the national election, they are demanding the right to send public representatives to law making and decision making bodies in the centre where many critical decision about their future are being made. They want self government through an empowered provincial /regional government. The 1.5 million people have been demanding an independent judiciary, access to and jurisdiction of Pakistan’s higher courts. LFO does not and cannot cater to these fundamental rights. LFO by its essence is an extra-constitutional document. There is no mention of LFO in the constitution of Pakistan. There is no such provision in the constitution which allows the federation to impose LFO and deny people of a federating or non-federating unit their basic human and political rights. Why then the two ministries are insisting on LFO when they could do it in a legal way by a proper presidential ordinance or tabling a law in the parliament? The answer is simple; the the pig-headed bureaucrats and politicians running these ministries want to keep Northern Areas as their grazing pastures at any cost. On the surface, however, they wrap their arguments in the historical link between Northern Areas and the Kashmir. Northern Areas was indeed part of the former state of Jammu & Kashmir (J&K) but just as India and Pakistan was part of the British Raj for a certain period of time. It was result of an occupation. Kashmiris have never ruled Northern Areas; it was the Dogra Raja of Jammu who brought parts of the region under his sway that too well before the treaty of Amritsar was signed through which the Dogras purchased Kashmir valley from the British. And it is also true that it was the local people who fought their way out of the occupation in 1947 and decided to join Pakistan on their own sweet will, thereby, severing whatever symbolic relations they had with the princely state. But it was the then bureaucrats based in Karachi and some self-serving Kashmiri leaders who conspired to keep Northern Areas entangled with the Kashmir issue. They not only ignored the aspiration of the people of the region as manifested in the instrument of accession signed by local Rajas and Mirs and countersigned by Quaid-e-Azam Mohammad Ali Jinnah himself but went on to stage manage a controversial agreement (the Karachi agreement of 1949) between the leader of the Muslim Conference of Jammu and Kashmir and a minister without portfolio in the cabinet securing administrative rights in the Northern Areas which Pakistan already had, given by the local people. Sixty years have passed and plenty of water has gone down the Indus — which, by the way, has all its main tributary glaciers and rivers situated in the Northern Areas. Always a geo-strategic hinterland, each passing day Northern Areas is assuming greater importance. India with its growing influence is flexing muscles across the Siachan and in the Central Asia, the United States and the NATO’s presence in Afghanistan is a long term reality, hence Pakistan will have to firmly hold on to the coat tails of land connection with China passing through the Northern Areas. A disenfranchised and disenchanted people and continuation of LFO based illegitimate and immoral governance solution in a sensitive region amounts to playing in the hands of powers involved in the new great game. Delhi is the biggest beneficiary of the ambiguous policy.People of Northern Areas have already suffered a great deal on account of others; they do seem to have the forbearance to take on more. But it is for the sake of country’s own interest that the government must come up with a legitimate constitutional and legal instrument to define the status of the region before it gets too late. Northern Areas should either be integrated into the federation of Pakistan as the fifth province, even if it has to be subject to final resolution of Kashmir dispute or it should be allowed to develop an interim constitutional set up on the pattern of Azad Kashmir. The LFO is no solution. The writer is based in Islamabad and has a background in media, public policy and development. Email: ismail.skardu @gmail.com
NA Reforms, the good, the bad and the ugly
NA reforms, the good, the bad and the ugly
The News - Tuesday, October 30, 2007
In what has been widely termed as a significant move, President Musharraf last week announced a package of reforms to amend the Legal Framework Order (LFO) of the Northern Areas. The package high on rhetoric and symbolism and low on substance has generated a mix reaction among people of the Northern Areas, who at once feel elated at finding themselves in the midst of presidential favour in the very first month of his re-election, and are disappointed at receiving the same old LFO wine in a new bottle. The people found it quite magnanimous on part of the president to have spared two valuable days out of his extremely hectic schedule to visit the region, and for making a number of grand announcements. The best one as far the locals were concerned was remission of agricultural and small loans of up to fifty thousand rupees. This, they thought, would provide much needed relief to many at the onset of a usually harsh winter. Other important announcements includes renaming of Northern Areas Legislative Council (NALC) as Northern Areas Legislative Assembly (NALA), granting of the title of chief executive to the locally elected and formerly deputy chief executive, and elevating the unelected and non-local chief executive who is also the Minister for Kashmir and Northern Areas (KANA) to the new position of chairman of the Northern Areas assembly. The president inaugurated development projects in Gilgit and Skardu, and reminded the people about the government sector development spending which is reflected in the raise in region's annual budget over the years. He announced formation of a commission to determine the boundary disputes between NWFP and Northern Areas, proclaimed establishment of Northern Areas Development Working Party (NADWP) to be headed by new additional chief secretary for approval and execution of development projects, and appointed the chief secretary who will function as a principal accounts officer.But the major change is the conversion of the NALC into the NALA. Granting assembly status to the council is significant in the backdrop of ongoing dialogue between India and Pakistan over Kashmir. Autonomy and self-governance to each part of the former state was one of the main thematic components of President Musharraf's four-point formula for resolution of the dispute. Many Kashmir analysts are interpreting the reforms in the Northern Areas as a possible step forward in back-channel diplomacy and as evidence of some sort of understanding between the two countries. Interestingly, almost all major Kashmiri leaders and intellectuals have extended their voice of support to the president's initiative of breaking away from the status quo. Leaders of the All Parties Hurriyat Conference including the Chairman, Mirwaiz Umar Farooq, appreciated government's attempt to empower people of the Northern Areas through a credible legislative assembly. The spontaneous positive reaction emanating from Kashmiri leadership goes to show that there is now more awareness among them about the sacrifices made by the people of Northern Areas for the Kashmir cause. To some extent, the reaction from the Valley is also an outcome of interaction between political and civil society activists from Northern Areas and other parts of Jammu & Kashmir over the last few years. The conferences, meetings and dialogues have helped people understand each other's point of view and reconcile their respective political positions. The bad part of the reform package is that it has failed to fill the yawning gap in the level of self governance related institutional regime which currently exist in Azad Kashmir, Indian-administered Kashmir and the Northern Areas. While both Azad Kashmir and Indian-administered Kashmir have an interim constitutional set-up, the Northern Areas is still being administered through an LFO -- which has no constitutional cover whatsoever. The LFO remains a major point of contention for the people because not only to them it is an extra-constitutional, immoral and illegal instrument of governance but technically it is adequate to protect fundamental rights enshrined in the constitution or in the universal conventions, protocols and treaties to which the country is signatory. A new provision in the rule of business now allows a no confidence move against the chief executive, speaker and deputy speaker is expected to stir some sort of dynamism in the otherwise docile proceedings of the NALA. The new provision in the rules of business concerning presentation, debate and approval process of the annual budget is another novel experience for the members who were earlier used to get a copy of budget statement for information and discussion, if necessary. But the office of the chairman (formerly chief executive and minister for KANA) continues to remain above political accountability and legal censorship. There is no provision for impeachment of the chairman; he cannot be removed from his office through a no-confidence motion. The NALA will be able to make laws without the assent of the chairman. In case the (non-elected) chairman vetoes a piece of legislation there is no mechanism to overturn his decision. All bills and laws made by the NALA will be subject to his approval, he can in fact arbitrarily nullify or veto a law passed by the assembly. Therefore, in political sense nothing has changed in the relationship between the rulers and the ruled. Other then the crises of legitimacy, a major gap in the administrative reforms package, which has been announced without a proper public consultation process, is absence of any restructuring of the judiciary. The judiciary in the Northern Areas works as a sub-department under the chief executive (the would-be chairman). At the moment, there is a chief court comprising a chairman and two members, and a court of appeal with a similar number of members. Minor changes, mainly related to nomenclature, instead of the function and jurisdiction of the courts are under consideration in the ministry. These courts are subservient to the bureaucracy and the chairman and high officials working under him are not answerable to the NALC. There is no civil service tribunal in the Northern Areas either. The courts cannot interpret the LFO or proceeds against legislation passed by the assembly, which once approved by the chairman will become part of the LFO. In the absence of an independent and adequate judiciary cases pertaining to corruption, malpractice and abuse of power by the executive cannot be addressed. Therefore, devolution of power without creating matching system of checks and balances could further jeopardize the well being of the ordinary souls. The writer is based in Islamabad and has a background in media, public policy and development.
The News - Tuesday, October 30, 2007
In what has been widely termed as a significant move, President Musharraf last week announced a package of reforms to amend the Legal Framework Order (LFO) of the Northern Areas. The package high on rhetoric and symbolism and low on substance has generated a mix reaction among people of the Northern Areas, who at once feel elated at finding themselves in the midst of presidential favour in the very first month of his re-election, and are disappointed at receiving the same old LFO wine in a new bottle. The people found it quite magnanimous on part of the president to have spared two valuable days out of his extremely hectic schedule to visit the region, and for making a number of grand announcements. The best one as far the locals were concerned was remission of agricultural and small loans of up to fifty thousand rupees. This, they thought, would provide much needed relief to many at the onset of a usually harsh winter. Other important announcements includes renaming of Northern Areas Legislative Council (NALC) as Northern Areas Legislative Assembly (NALA), granting of the title of chief executive to the locally elected and formerly deputy chief executive, and elevating the unelected and non-local chief executive who is also the Minister for Kashmir and Northern Areas (KANA) to the new position of chairman of the Northern Areas assembly. The president inaugurated development projects in Gilgit and Skardu, and reminded the people about the government sector development spending which is reflected in the raise in region's annual budget over the years. He announced formation of a commission to determine the boundary disputes between NWFP and Northern Areas, proclaimed establishment of Northern Areas Development Working Party (NADWP) to be headed by new additional chief secretary for approval and execution of development projects, and appointed the chief secretary who will function as a principal accounts officer.But the major change is the conversion of the NALC into the NALA. Granting assembly status to the council is significant in the backdrop of ongoing dialogue between India and Pakistan over Kashmir. Autonomy and self-governance to each part of the former state was one of the main thematic components of President Musharraf's four-point formula for resolution of the dispute. Many Kashmir analysts are interpreting the reforms in the Northern Areas as a possible step forward in back-channel diplomacy and as evidence of some sort of understanding between the two countries. Interestingly, almost all major Kashmiri leaders and intellectuals have extended their voice of support to the president's initiative of breaking away from the status quo. Leaders of the All Parties Hurriyat Conference including the Chairman, Mirwaiz Umar Farooq, appreciated government's attempt to empower people of the Northern Areas through a credible legislative assembly. The spontaneous positive reaction emanating from Kashmiri leadership goes to show that there is now more awareness among them about the sacrifices made by the people of Northern Areas for the Kashmir cause. To some extent, the reaction from the Valley is also an outcome of interaction between political and civil society activists from Northern Areas and other parts of Jammu & Kashmir over the last few years. The conferences, meetings and dialogues have helped people understand each other's point of view and reconcile their respective political positions. The bad part of the reform package is that it has failed to fill the yawning gap in the level of self governance related institutional regime which currently exist in Azad Kashmir, Indian-administered Kashmir and the Northern Areas. While both Azad Kashmir and Indian-administered Kashmir have an interim constitutional set-up, the Northern Areas is still being administered through an LFO -- which has no constitutional cover whatsoever. The LFO remains a major point of contention for the people because not only to them it is an extra-constitutional, immoral and illegal instrument of governance but technically it is adequate to protect fundamental rights enshrined in the constitution or in the universal conventions, protocols and treaties to which the country is signatory. A new provision in the rule of business now allows a no confidence move against the chief executive, speaker and deputy speaker is expected to stir some sort of dynamism in the otherwise docile proceedings of the NALA. The new provision in the rules of business concerning presentation, debate and approval process of the annual budget is another novel experience for the members who were earlier used to get a copy of budget statement for information and discussion, if necessary. But the office of the chairman (formerly chief executive and minister for KANA) continues to remain above political accountability and legal censorship. There is no provision for impeachment of the chairman; he cannot be removed from his office through a no-confidence motion. The NALA will be able to make laws without the assent of the chairman. In case the (non-elected) chairman vetoes a piece of legislation there is no mechanism to overturn his decision. All bills and laws made by the NALA will be subject to his approval, he can in fact arbitrarily nullify or veto a law passed by the assembly. Therefore, in political sense nothing has changed in the relationship between the rulers and the ruled. Other then the crises of legitimacy, a major gap in the administrative reforms package, which has been announced without a proper public consultation process, is absence of any restructuring of the judiciary. The judiciary in the Northern Areas works as a sub-department under the chief executive (the would-be chairman). At the moment, there is a chief court comprising a chairman and two members, and a court of appeal with a similar number of members. Minor changes, mainly related to nomenclature, instead of the function and jurisdiction of the courts are under consideration in the ministry. These courts are subservient to the bureaucracy and the chairman and high officials working under him are not answerable to the NALC. There is no civil service tribunal in the Northern Areas either. The courts cannot interpret the LFO or proceeds against legislation passed by the assembly, which once approved by the chairman will become part of the LFO. In the absence of an independent and adequate judiciary cases pertaining to corruption, malpractice and abuse of power by the executive cannot be addressed. Therefore, devolution of power without creating matching system of checks and balances could further jeopardize the well being of the ordinary souls. The writer is based in Islamabad and has a background in media, public policy and development.
Subscribe to:
Posts (Atom)