New
Package For Gilgit And Baltistan: New Bottles With Old Wine
By Dr Shabir Choudhry
01 November, 2007
Countercurrents.org
At
last military government of Pakistan has come out with a new LFO (Legal
Frame Order). The last LFO for Gilgit and Baltistan was promulgated
in 1994. One has to concede that Pakistani governments have tremendous
experience in issuing LFOs to by pass constitution and legal system
and to deprive people their basic human rights.
Many people expected that
this time Pakistan government would be more sensible and 'generous'
when dealing with this resource rich and strategically important areas
of Gilgit and Baltistan. It was expected that the government would at
least acknowledge sentiments of the local people and consider them being
suitable to enjoy fundamental human rights and benefit from fruits of
democracy and pluralistic society, especially after the EU Parliament
passed a Report on Kashmir with huge majority.
Alas this was not to be,
as people with imperial mind – set, still feel that the people
of this area do not deserve to have democracy and fundamental human
rights. These bureaucrats of Islamabad, who take Gilgit and Baltistan
as their colony, have many decades of experience in playing with sentiments
of the people; and in imposing extra constitutional and extra judicial
measures.
Even in 21st century they
are not prepared to grant people their basic human rights, as in their
opinion this is a conquered territory and they have no wish to conquer
minds and hearts of people. They know people in this colony of theirs
are divided and confused lot, and they are not even willing to protest,
let alone challenge illegal and unconstitutional rule of Islamabad.
Government of Pakistan and
even some local writers claim that people of this area acceded to Pakistan
after getting 'independence'. One wonders independence from whom? After
termination of lease of these areas on 1 st August 947, Brigadier Gansara
Singh was appointed by the Maharaja Hari Singh as a Governor to take
charge of these areas. He however never managed to take effective control
of these areas as he was advised by the British chief of Gilgit Scouts
(who controlled the areas) to wait and let situation settle down.
After this so called 'independence'
when did people acceded to Pakistan? Was there any kind of referendum?
Was there any elected body which decided that their future was safer
with Pakistan? If the accession had taken place in November 1947, as
it is claimed, then why there was need to sign the Karachi Pact in 1949
to take control of these areas.
And irony of the matter is
that those who signed away Gilgit and Baltistan to Pakistan by signing
the Karachi Pact had no legal, constitutional or moral right to do so.
Chaudhry Ghulam Abbas and Sardar Ibrahim, both belonged to Muslim Conference,
and this party has history of working for Pakistan and protecting their
national interest. Muslim Conference had no branches and no members
in Gilgit and Baltistan, and what right they had to sign away rights
and liberty of these people?
Those who always sing laurels
for Islamabad, even when they are using helicopter gun ships or F16
to 'discipline' people or implant imported enlightenment and democracy,
are busy praising this LFO as a biggest reward for people of Gilgit
and Baltistan. Reality however is contrary to these claims, as is the
case when analysing most government claims. A Pakistani writer and columnist
of famous Daily Jang, Abbas Mehkari wrote on 28 October 2007:
'For many decades after emergence of Pakistan a grade 20 officer ruled
these areas like a colony. He behaved like a Viceroy and deprived people
of basic human rights. Later on Ministry of Kashmir Affairs managed
affairs of these areas and the Minister concerned hardly visited these
areas and controlled matters from Islamabad. This LFO will not satisfy
aspirations of 2.5 million people who have no legal or constitutional
status. The area is not a province of Pakistan, it has no representation
in National Assembly of Pakistan, it is not represented in Azad Kashmir
Assembly and it doesn't have a self- rule.'
He further said, 'despite
all the injustice and oppression people of these areas have been loyal,
and they have not created any problems for Pakistan'. Abbas Mehkari,
after showing his sympathy for the people of these areas concluded that
how could a government grant rights to people of these areas which is
no more than a colony when the authorities are not even prepared to
give basic human rights to their own people - citizens of Pakistan.
The fact that Pakistani rulers
want to deny their people rule of law and fruits of democracy it doesn't
mean that they apply the same rule and deprive other people of basic
human rights who are not Pakistanis. It also doesn't mean that these
people (non Pakistanis) swallow every bitter pill thrown at them from
Islamabad and still remain silent, as there is limit to human endurance.
History is witness to this
fact that bureaucrats of Islamabad DO NOT learn from their mistakes
and there are many reasons for this. The whole system is corrupt, and
one corrupt cannot hold the other corrupt accountable. And over the
past decades they have mastered the art of mismanagement, nepotism,
oppression and corruption, in fact, corruption has become a profession
and industry in its own right.
In this kind of environment
Pakistani bureaucrats and agencies have developed habit of not accepting
any mistakes – they know they can get away with the biggest blunders
one can think of; and one method is to divert attention by committing
another blunder and people will forget the previous one. Apart from
that because of their control in society, undemocratic practises and
largely docile society, they feel confident that they can hoodwink people
with new gimmicks.
It was with that in mind
these bureaucrats of Islamabad are trying to sell old wine with new
labels. Since ever when people of Gilgit and Pakistan made a mistake
of requesting Pakistani government, in November 1947, for 'expert help'
to run affairs of the government, they have been run either by a 'viceroy'
of Islamabad or bureaucrats from there.
In all LFOs and administrative
set ups Islamabad always ensured the following:
That a non local –
a Pakistani is at the helm of affairs, no matter what the administrative
arrangements are;
That local people have no
role in appointment or dismissal of this 'chief';
That democracy does not take roots in these areas;
That administration is not
pro people rather it is pro establishment and pro Islamabad;
In all previous set ups people
of the area have suffered and suffered immensely; and despite their
suffering, they have not started any protest or militancy against those
who have oppressed them for that long. At present we have a toothless
Council with a local Deputy Chief Executive, who works under Pakistani
Chief Executive. Deputy Chief Executive and all Council Members must
get 'clearance' from agencies before they are 'elected' to this 'pious
assembly'. Of course in this kind of administrative set up Chief Executive
and bureaucrats have a final say in all matters.
Under the LFO 2007 this toothless
council will become a 'Legislative Council', and
Deputy Chief Executive will
be 'promoted' to Chief Executive, giving people this feeling that they
have their own local man as a Chief Executive, but they might not fully
understand that Islamabad have ensured that this new Chief Executive
is subservient to a Pakistani Chairman, who would be a Member of Pakistan
National Assembly and a Minister for Kashmir Affairs; and who, as previously,
would rule from Islamabad. Being a Pakistani he would ensure that Pakistani
interest is paramount.
Islamabad has been very 'generous'
to give this 'Legislative Council' the following rights:
Right to discuss on the budget
(it should be noted that the budget would be prepared by National Finance
Commission of Pakistan);
Right to remove Speaker, Deputy Chief Executive and Chief Executive
(which would further divide the people because of the system and communalism
promoted there for some decades);
But they will not even have a right to give a 'dirty look' to the Chairman
who will in practise be a 'boss' of this Legislative Assembly.
In conclusion one can say
that Islamabad has once again ensured that its grip over these areas
remains firm, and people are denied of their basic human rights. In
Azad Kashmir they have allowed full infrastructure of an independent
country (Prime Minister, President, Supreme Court, and separate flag
etc, but have ensured their total control by appointing four Pakistani
lent officers (Chief Secretary, IG Police, Finance Secretary and Administration
Secretary who control affairs of the government. Apart from that they
have Kashmir Council, which takes all major decisions regarding Azad
Kashmir but is controlled by Pakistani Prime Minister and Six Pakistani
members (appointed by Pakistani Prime Minister) who control Kashmir
Council.
Gilgit and Baltistan have
not even got what Pakistan has 'generously' granted to people of Azad
Kashmir. But whatever little they have got as a result of this LFO is
not because of Islamabad's 'generosity' or love for the people of this
area, but because they were under tremendous pressure after Emma Nicholson
Kashmir Report which was passed by the EU Parliament by a thumping majority
earlier this year.
Islamabad has tried to show
to the EU and other members of the international community that they
believe in their own brand of 'democracy' and human rights, and they
are willing to give this to people of Pakistan and people of Gilgit
and Baltistan. But what they have given will not satisfy people of this
area, as they know they are given old wine in new bottles; and it will
not result in more political, economic, social rights for the local
people. It will surely not improve status of women, stop violations
of state subject law or deal with settlement of non - local people and
their domination.
Writer is Chairman Diplomatic
Committee of JKLF, Director Institute of Kashmir Affairs and author
of many books on Kashmir. He could be reached at: [email protected]
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