MAHMOOD ZAMAN
ARTICLE (September 01 2009): Prime Minister Yousuf Raza Gilani issued a landmark proclamation on August 29 joining his voice with those of more than 1.5 million people of Gilgit-Baltistan for self-rule, which they have been yearning for six decades.
Now that the people of this hitherto Federally Administered Northern Areas virtually have a de-facto province enjoying political, administrative and financial rights, with constitutional and legal guarantees with the appointment of governor, chief minister and a judicature.
Besides, a 33-member Gilgit-Baltistan Legislative Assembly has also been ordered in place; 24 of the members are to be elected directly on a party-based poll, while six seats have been reserved for women and three for technocrats in the assembly, which will have its own Rules of Business.
The new legislative assembly has been empowered to enact laws on 61 subjects. The 'province' will also have a six-member cabinet that will have the power of making and approving its annual budget. Steps have also been taken to give constitutional and legal cover to the new province.
The new entity has been established under the Gilgit-Baltistan Empowerment and Self Governance Order, 2009, approved by a special committee of the federal cabinet, which will replace the Northern Areas Legal Framework Order of 1999 for the purpose of the new administrative unit to function in complete legal harmony. Article 54 of the Constitution has been invoked to empower the new council and the assembly, in financial matters and under Article 55 of the basic law, a Gilgir-Baltistan Consolidated Fund has been created.
The establishment of Gilgit-Baltistan is by no means a small achievement in the malady of constitutional, local and international issues facing the country since its inception. The positive side of this story is that all the political parties worth their name have welcomed the decision that perches squarely on a subject that has been sensitive in nature and only a bold pragmatic decision could resolve.
This means that the country's political leadership has matured to a degree as to understand that if it wanted to keep the fire of a dispute aflame, for no material gains, or realistic ally resolve to overcome the problem. Such an empowerment has been the hallmark of PPP policies, which especially focused on conferring powers on Federally Administered Northern Areas to exercise, their political, administrative and financial powers through their elected representatives. Once again, it is to the credit of a PPP government to decide the constitutional status of the areas once a part of the former princely state of Jammu and Kashmir.
The status of these areas remained undetermined for decades, but is now a de-facto province as decided by the cabinet's special committee. It was not mere coincidence but a calculated and determined effort to reform the political, administrative and legislative rights of these areas, with PPP in power.
The first step to ensure some sort of legal rights to the people of these remote areas in the north, bordering China, was also taken by the PPP government headed by Shaheed Zulfikar Ali Bhutto, who ordered the merger of all the seven states in the region into a single geographical entity in 1972-73.
The late Bhutto also initiated a set of economic reforms in these areas and territories of the Federally Administered Tribal Areas, under a project that was aimed at establishing a number of industries, mostly fruit preservation, fruit juices and slices in cans, match-box factories, timber industry, in addition to promoting tourism in these valleys of exquisite beauty, by way of government-sponsored hotels, motels and restaurants.
The Bhutto government also involved the United Nations Development Programme in projects and this world body selected a few places in Dir and Swat for launching a high-profile project that encompassed almost all the FATA, FANA and PATA. This mountain outback has been split into five districts, Gilgit, Skardu, Diamir, Ghizer and Ghanche.
Its population of 1.5 million inhabits a vast area of 72,495 sq kms. Sparsely populated as the area is, a variety of ethnic groups, like Baltees, Shinas, Vashkuns, Mughals, Kashmiris, Pathans, Ladhakhis and Turks live here and speak languages like Balti, Shina, Brushaski, Khawer, Wakhi, Turki, Tibeti, Pushto and Urdu. Before independence, Northern Areas were part of the princely state of Jammu and Kashmir whose people successfully rebelled against the Maharaja of Kashmir and supported full integration into Pakistan in 1947.
Almost 60 years later, Pakistan's military, insists that the Northern Areas remain part of the disputed state of Jammu and Kashmir and that any delineation of the region's constitutional status will have to wait for a solution of the Kashmir dispute. As a result, the Northern Areas are not included in the Pakistan constitution and are not represented in parliament.
COUNCIL: The first step to give these areas a certain amount of representation was taken in 1994 under the Legal Framework Order by the Shaheed Benazir Bhutto government which gave an elected council to these areas, then comprising 24 members. For the first time, the federal government then appointed a chief secretary and four secretaries. Party-based elections were held for the first time in 1994. A member of Pakistan People's Party got elected as Deputy Chief Executive.
The PPP and Tahrik-i-Jafaria Pakistan also sent two advisors each, while Muslim League (Junejo group) had one. They were assigned public departments. Rules of Business were also framed to regulate official matters. The PPP government, in 1994, took the decision about these areas, when the region's inhabitants were, after the Zia era, were embittered by Islamabad's unwillingness to devolve power to its elected representatives. A nationalist movement, which sought almost independence, was gaining ground.
The rise of sectarian extremism, caused mainly by General Zia's dictatorial regime, was an alarming consequence of this denial of basic political rights in a region where Sunnis, Shias and Ismailis had peacefully coexisted for several centuries.
SUPREME COURT: Then came a landmark judgement of the Supreme which directed the federal government on May 28, 1999, to extend, within six months, fundamental freedoms to the Northern Areas, allowing its people to be governed by their elected representatives.
However, the apex court did not pass a definite direction about the kind of government in those areas in view of "the very sensitive location." The government of Nawaz Sharif was in the process of a package and a decision to hold another election of the council when the military took over.
However, the Sharif's government also contributed to the delay, by introducing amendments to the Legal Framework Order 1994, which gave legislative council to these areas, and was made nine months after the six-month period as stipulated by the Supreme Court. Under the amendment, the Northern Area Council was renamed Northern Area Legislative Council and was authorised legislation in 40 items; its membership was raised to 29, five of them reserved for women.
Notwithstanding, the scope of the rights to be exercised by the Gilgit-Baltistan Assembly and the executive council for the present, in view of certain international and constitutional expediencies, the very fact that the right of the people has been acknowledged by a leadership that is not averse to taking bold initiatives in the wider human rights context, itself speaks of the earnestness that the ruling PPP has demonstrated. Such an attitude holds high promise and no-one can be unsure of the scope of these rights to keep on enlarging.
Now that the people of this hitherto Federally Administered Northern Areas virtually have a de-facto province enjoying political, administrative and financial rights, with constitutional and legal guarantees with the appointment of governor, chief minister and a judicature.
Besides, a 33-member Gilgit-Baltistan Legislative Assembly has also been ordered in place; 24 of the members are to be elected directly on a party-based poll, while six seats have been reserved for women and three for technocrats in the assembly, which will have its own Rules of Business.
The new legislative assembly has been empowered to enact laws on 61 subjects. The 'province' will also have a six-member cabinet that will have the power of making and approving its annual budget. Steps have also been taken to give constitutional and legal cover to the new province.
The new entity has been established under the Gilgit-Baltistan Empowerment and Self Governance Order, 2009, approved by a special committee of the federal cabinet, which will replace the Northern Areas Legal Framework Order of 1999 for the purpose of the new administrative unit to function in complete legal harmony. Article 54 of the Constitution has been invoked to empower the new council and the assembly, in financial matters and under Article 55 of the basic law, a Gilgir-Baltistan Consolidated Fund has been created.
The establishment of Gilgit-Baltistan is by no means a small achievement in the malady of constitutional, local and international issues facing the country since its inception. The positive side of this story is that all the political parties worth their name have welcomed the decision that perches squarely on a subject that has been sensitive in nature and only a bold pragmatic decision could resolve.
This means that the country's political leadership has matured to a degree as to understand that if it wanted to keep the fire of a dispute aflame, for no material gains, or realistic ally resolve to overcome the problem. Such an empowerment has been the hallmark of PPP policies, which especially focused on conferring powers on Federally Administered Northern Areas to exercise, their political, administrative and financial powers through their elected representatives. Once again, it is to the credit of a PPP government to decide the constitutional status of the areas once a part of the former princely state of Jammu and Kashmir.
The status of these areas remained undetermined for decades, but is now a de-facto province as decided by the cabinet's special committee. It was not mere coincidence but a calculated and determined effort to reform the political, administrative and legislative rights of these areas, with PPP in power.
The first step to ensure some sort of legal rights to the people of these remote areas in the north, bordering China, was also taken by the PPP government headed by Shaheed Zulfikar Ali Bhutto, who ordered the merger of all the seven states in the region into a single geographical entity in 1972-73.
The late Bhutto also initiated a set of economic reforms in these areas and territories of the Federally Administered Tribal Areas, under a project that was aimed at establishing a number of industries, mostly fruit preservation, fruit juices and slices in cans, match-box factories, timber industry, in addition to promoting tourism in these valleys of exquisite beauty, by way of government-sponsored hotels, motels and restaurants.
The Bhutto government also involved the United Nations Development Programme in projects and this world body selected a few places in Dir and Swat for launching a high-profile project that encompassed almost all the FATA, FANA and PATA. This mountain outback has been split into five districts, Gilgit, Skardu, Diamir, Ghizer and Ghanche.
Its population of 1.5 million inhabits a vast area of 72,495 sq kms. Sparsely populated as the area is, a variety of ethnic groups, like Baltees, Shinas, Vashkuns, Mughals, Kashmiris, Pathans, Ladhakhis and Turks live here and speak languages like Balti, Shina, Brushaski, Khawer, Wakhi, Turki, Tibeti, Pushto and Urdu. Before independence, Northern Areas were part of the princely state of Jammu and Kashmir whose people successfully rebelled against the Maharaja of Kashmir and supported full integration into Pakistan in 1947.
Almost 60 years later, Pakistan's military, insists that the Northern Areas remain part of the disputed state of Jammu and Kashmir and that any delineation of the region's constitutional status will have to wait for a solution of the Kashmir dispute. As a result, the Northern Areas are not included in the Pakistan constitution and are not represented in parliament.
COUNCIL: The first step to give these areas a certain amount of representation was taken in 1994 under the Legal Framework Order by the Shaheed Benazir Bhutto government which gave an elected council to these areas, then comprising 24 members. For the first time, the federal government then appointed a chief secretary and four secretaries. Party-based elections were held for the first time in 1994. A member of Pakistan People's Party got elected as Deputy Chief Executive.
The PPP and Tahrik-i-Jafaria Pakistan also sent two advisors each, while Muslim League (Junejo group) had one. They were assigned public departments. Rules of Business were also framed to regulate official matters. The PPP government, in 1994, took the decision about these areas, when the region's inhabitants were, after the Zia era, were embittered by Islamabad's unwillingness to devolve power to its elected representatives. A nationalist movement, which sought almost independence, was gaining ground.
The rise of sectarian extremism, caused mainly by General Zia's dictatorial regime, was an alarming consequence of this denial of basic political rights in a region where Sunnis, Shias and Ismailis had peacefully coexisted for several centuries.
SUPREME COURT: Then came a landmark judgement of the Supreme which directed the federal government on May 28, 1999, to extend, within six months, fundamental freedoms to the Northern Areas, allowing its people to be governed by their elected representatives.
However, the apex court did not pass a definite direction about the kind of government in those areas in view of "the very sensitive location." The government of Nawaz Sharif was in the process of a package and a decision to hold another election of the council when the military took over.
However, the Sharif's government also contributed to the delay, by introducing amendments to the Legal Framework Order 1994, which gave legislative council to these areas, and was made nine months after the six-month period as stipulated by the Supreme Court. Under the amendment, the Northern Area Council was renamed Northern Area Legislative Council and was authorised legislation in 40 items; its membership was raised to 29, five of them reserved for women.
Notwithstanding, the scope of the rights to be exercised by the Gilgit-Baltistan Assembly and the executive council for the present, in view of certain international and constitutional expediencies, the very fact that the right of the people has been acknowledged by a leadership that is not averse to taking bold initiatives in the wider human rights context, itself speaks of the earnestness that the ruling PPP has demonstrated. Such an attitude holds high promise and no-one can be unsure of the scope of these rights to keep on enlarging.
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