Waqas Ahmed hails from Gilgit Baltistan and is pursuing a BS-IR degree at the University of Sargodha.
Uzair Ahmed also hails from Gilgit Baltistan and is pursuing his degree in Bs - English at the University of Sargodha.
Gilgit Baltistan is a region of Pakistan equipped with all the blessings of God and is home to the world’s second-largest non-polar glacier. However, despite its geo-strategic importance, this region has been consistently deprived of many of the aforementioned blessings. The constitutional status of Gilgit Baltistan has been in dispute since its inception. The area’s people struggle for provincial status, but their struggle is often thought to be in vain.
Gilgit Baltistan was a part of the princely state of Jammu and Kashmir. On 27 October 1947, the Maharaja of Kashmir announced the accession of the State of Jammu and Kashmir to India; following this decision, Gilgit’s scouts who had formed a Revolutionary Council initiated the revolt against the Maharaja on the 29th; British Commander Major Brown led the council. The Revolutionary Council started a fight against Dogra Raj. Mirza Hassan and his team captured the Bunji center, the hub of the Dogra army, and the governor of Gilgit, Ghansara Singh, was arrested by the scouts. Due to this revolt, the areas adjacent to Gilgit were liberated from the Dogra Rule.
On 1 November 1947, the independent state of Gilgit was established. Raja Shah Raees Khan was designated as the President of the Provincial Government. Mirza Hasan Khan was chosen as the head of military affairs while Lt. Ghulam Haider was appointed as the political agent. Gilgit remained independent for fifteen days, then the Pakistani Government was invited to take over the Gilgit administration.
The invitation to the Pakistani Government still needs to be clarified. Who asked the Government to take control of the Gilgit Administration?
On 16 November 1947, Sardar Muhammad Alam from Pakistan came and held the position of Gilgit’s political agent. The Raja of Rondu fought for a year against Dogra and freed Baltistan from him in 1948. Afterwards, small states such as Punial, Hunza, Nagar, Darel, and Chilas joined Pakistan, followed by Gilgit.
Soon after accession with Pakistan, Frontier Crimes Regulation (FCR) was imposed on Gilgit Baltistan. It was the very law, known as ‘Black Law’ by the natives (Kala Qanoon), which the British Government introduced in India to keep the people suppressed and controlled. According to FCR, the locals had no right to ‘Appeal’ and ‘Daleel’ (evidence). It meant the locals could not appeal for their fundamental rights; they had no right to local power distribution. It was only a political agent who could exercise the magistrate’s power, Deputy Inspector General of Police (DIG), Revenue Collector, Educational Minister, and Judge.
Many voices rose against the FCR, especially the residents of Gilgit Baltistan who were settled in other parts of Pakistan. Students played an essential role; they started strikes against it in Rawalpindi and Karachi. They met different political leaders to urge them to remove the FCR from Gilgit Baltistan. The locals were mostly ignorant of this law, so students began to raise awareness through literature and campaigns. Many student organizations were made just to oppose this very law.
In response to the local resistance and strikes and to include the locals in the region’s politics, General Yahya Khan made an assembly-esque structure in 1970 called the Northern Areas Advisory Council (NAAC), consisting of fourteen members, eight from Gilgit and six from Baltistan. All power was exercised by a political agent nominated by the Pakistani Government. These members had no power in local affairs; this council was just a flimsy attempt to calm down the local sentiments against the state, which once again led to a revolt against FCR.
Finally, in 1972, Bhutto removed FCR from Gilgit Baltistan. People embraced a moment of freedom, but the Rajgiri (principality) and Jagirdari (feudalism) systems remained active, creating a melancholic life for the locals. Those who were tired of the tax on wheat and slave labor (free labor), which local Mir and Rajas imposed, became disappointed when Pakistan ignored the system of Rajgiri and Jagirdari and gave them a free hand to exploit people. So, the locals began revolting once more till Bhutto abolished these exploitative practices.
Zulfiqar Ali Bhutto merged all the states of Gilgit Baltistan – Punial, Hunza, Nagar, Darel, and Chilas. He divided them into three divisions – Gilgit, Baltistan, and Chilas. He reduced the autonomy of individual political agents and made bureaucracy strong. From then on, the Chief Secretary became the ruler of GB. He converted the Northern Area Advisory Council (NAAC) into the Northern Area Council (NAC) and increased the number of members from fourteen to sixteen. He fixed the quota of Gilgit Baltistan’s students in different universities all over Pakistan. He also separated the judiciary from the administration. Still, the NAC members have no actual power; the chief secretary exercises all the control.
During the Era of Zia-ul-Haq, Martial Law was also imposed on Gilgit Baltistan; in 1958 and 1969, Gilgit Baltistan was barred from inclusion in the martial law, but Zia declared Gilgit Baltistan as martial law Zone E and appointed one member each of GB and Chilas districts to Majlis-i-Shoora (Federal Council).In the past 76 years, Gilgit Baltistan was only represented in the National Assembly during the Zia Era.
In 1994, Benazir Bhutto introduced the Legal Framework Order (LFO), and she converted NAC into the Northern Area Legislative Council (NALC), which increased its membership from sixteen to twenty-four. The chief executive would be the leader of the Legislative Council, which was to be from the Ministry of Kashmir Affairs and the Northern Areas.
Musharraf then converted the Northern Area Legislative Council into the Northern Area Legislative Assembly, giving the assembly power regarding amendments in LFO. It was the first time in history that the local body was given any authority in Legislation.
Then came 2009 and the PPP Government passed the Gilgit Baltistan “Empowerment and Self Governance” Order. According to this order, the power of self-governance was given to Gilgit Baltistan. GB legislative assembly and GB council were introduced. The leader of the GB legislative assembly was the chief minister, and the leader of the GB council was the PM—the Prime Minister specified and selected a governor chair in collaboration with the president. GB Legislative Assembly was given the power to make Legislation on some matters but not given full power as compared to other provincial assemblies.
In 2015, people demanded further empowerment. Nawaz Sharif formed a committee to reconsider the people’s demands. The committee recommended that Gilgit Baltistan be empowered by delegating the legislative, administrative, and financial powers, but the matter was dealt with non-seriousness. Again, in 2017 and 2018, crucial developments occurred in this regard. “2018 Gilgit Baltistan Order” replaced the Empowerment and Self-governance Order. The order formally transferred power from the Gilgit Baltistan Council to the Gilgit Baltistan Assembly. Now, the Gilgit Baltistan Assembly can legislate the minerals, hydropower, and tourism sectors. The stakeholder challenged the order by stating that it did not fulfill their expectations in the Gilgit Baltistan Appellate Court. The Supreme Court suspended the order- following which the National Security Council decided to consult with the stakeholders before implementing the “Reforms Package 2019”.
Gilgit Baltistan reforms are moving in the right direction, albeit at a snail’s pace. The people of Gilgit Baltistan have been looking for their constitutional rights for the last 76 years. A solution regarding the constitutional status of Gilgit Baltistan is proper representation in the national assembly and the senate of Pakistan. Another way is to resolve the issue through a separate setup, such as Kashmir. The third and last solution is to integrate Gilgit Baltistan with Kashmir and add a representation of Gilgit Baltistan in the Kashmir Assembly.
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