Gilkgit Baltistan: 11 September 2019: In 1947 when the local residents of Gilgit Baltistan rose up against Dogra rule and declared their accession to the country. However this accession was not accepted by Pakistan as GB was a disputed territory of Jammu and Kashmir. Thus for six decades following its attempted accession, the area was directly administered by the Pakistan government, and the people of the territory were denied participation in any representative institutions.

The Gilgit-Baltistan Empowerment and Self-Governance Order of 2009 established for the first time a representative government and legislature, and while this measure was welcomed by the local population as a step in the right direction, it still fell far short of their aspirations for complete integration with Pakistan and constitutionally guaranteed autonomy at par with its other provinces.

In a reflection of this popular demand, the Gilgit-Baltistan Legislative Assembly adopted resolutions demanding provincial status, but in view of the official stance of the government, the demand was modified to seek provisional status of a province till the settlement of the Kashmir dispute according to the UN resolutions. Under the pretext of enhancing empowerment of the local assembly, the PML-N government promulgated a new Gilgit-Baltistan Order in 2018 effectively reducing the autonomy of this region by vesting powers in the prime minister to legislate on 68 subjects, although the premier is neither elected by the locals nor answerable to them.

By way of this promulgation, the local council which was vested with legislative powers was reduced to an advisory body. In doing so, the PML-N even disregarded the recommendations of the committee it had set up on the GB issue under Sartaj Aziz. The legitimacy of this order was challenged, and the SC ordered its replacement with the proposed Order 2019 by the PTI government. Oddly enough, although the timeline for implementation of the SC directive has already expired, in what constitutes obvious violation of the specific direction of the honourable court, the federal government has not repealed it, and GB continues to be governed by an invalid legal instrument. Against the backdrop of this uncertainty and legal void, great change has transpired in India-held Kashmir with far-reaching implications for GB. If it is not countered strongly, an emboldened India in its madness will try to stake its claim on Azad Jammu Kashmir and GB. The region is a source of vast glaciers feeding the Indus River system upon which Pakistan’s prosperity depends.

GB has the added strategic importance of being the gateway for the China-Pakistan Economic Corridor. In view of the changed geo-strategic situation and its national interests, Pakistan must rethink and reset its GB policy by announcing urgent measures to counter India’s recent moves in Kashmir. It is important to remove any irritants in the existing opaque governance arrangements without further delay and provide a transparent governance structure based on the consent of the local assembly and a sound legal instrument establishing a strong linkage with the federation.

Proactive action is imperative to thwart any attempts by the cornered Indian establishment to stir discontent in this sensitive area and to divert attention from the brewing agitation in Kashmir and in Kargil, which also borders Pakistan. It is time to address the issue of self-rule for this region in line with the aspirations of the people of the region and the UN resolutions.

The SC has already provided clear guidelines in its detailed landmark judgement on Jan 7, 2019 for provisionally giving representation in parliament subject to the settlement of the Kashmir dispute. According to this judgement, the flawed law of 2018 promulgated by the PML-N government is to be repealed and replaced by the draft already submitted by the PTI government in the SC. Implementation of the court’s judgement will address the issue considerably. Decisive action on this sensitive matter is needed, and the ballast of the SC judgement provides a sound legal foundation for structuring a new, legitimate governance arrangement within the parameters of the UN resolutions. Before doing so, the   proposed law should be endorsed by the present elected assembly to obtain democratic sanction on this crucial issue.