Northern Areas to get autonomy as Gilgit-Baltistan

Prime Minister Syed Yousuf Raza Gilani addressing a press conference here on Saturday announced full internal autonomy for the Northern Areas which will heretofore be called Gilgit-Baltistan. In this regard, a highly powered committee had been constituted under the chairmanship of federal Minister for Kashmir and Northern Areas Qamar Zaman Kaira to prepare a reforms package for the purpose. After taking all the stakeholders into confidence the draft Gilgit-Baltistan Empowerment & Self Governance Ordinance 2009 was presented in the federal cabinet, which was unanimously adopted. The formerly 36-member Northern Areas Council would now have 15 members with the prime minister as the head of the council. The Gilgit-Baltistan Empowerment and Self Governance Order 2009, replaces the Northern Areas Legal Framework Order of 1994. Under the order, Gilgit-Baltistan Assembly will formulate its own Rules of Procedures, while legislation on 61 subjects will be done by a council and an assembly in their respective jurisdictions.

Though the region will have an administrative structure like the one at the provincial level, it will not be regarded as a province. “No, not at all,” was the response of sources when asked whether the Northern Areas would be given the status of a province, prior to the cabinet meeting. “The Northern Areas would be granted self rule on the pattern of Azad Jammu and Kashmir as proposed in the summary finalised in consultation with the authorities of these areas and in accordance with its resolutions,” the sources revealed.

When asked about opposition from any quarters, the sources said every sitting minister had been consulted and their input had been formed part of the summary. Under the summary, Gilgit-Baltistan would have its own election commission, commissioner and courts like the AJK. “Had the Northern Areas given the status of a province, there might be reaction from outside the borders,” the sources said.

Asked about the procedure, the sources said the president of Pakistan had to give a final nod to the summary to be implemented in the form of a presidential order. “The Northern Areas fall under the direct jurisdiction of the president and, therefore, he (President Zardari) will issue an order after approval of the same by the federal cabinet,” the sources said. The Constitution provides that only the sitting president can issue a presidential order in case of the Northern Areas, the Federally Administered Tribal Areas (Fata) and other areas falling under the direct jurisdiction of the federation. A cabinet committee would be constituted to remove hurdles for merging Gilgit-Baltistan in Pakistan in accordance with the resolutions of the United Nations.

According to Minister for Overseas Pakistanis and Parliamentary Leader of the MQM Dr Farooq Sattar, the elections in Gilgit-Baltistan would be held in next three months to install AJK like government there. Until then the Federal Minister for Kashmir & Northern Areas Qamar Zaman Kaira would function as the governor. The governor to be appointed by the president will be the constitutional head of Gilgit-Baltistan. There would be a chief minister who shall be elected by Gilgit-Baltistan Legislative Assembly and would be assisted by six ministers with provision of two advisers.

The Legislative Assembly would have 24 members who would be elected through direct elections. It will have three technocrat seats and two women seats. In order to empower the council and the assembly on financial matters, there would be a consolidated fund. The budget of the area would be presented and approved by the Gilgit-Baltistan Legislative Assembly. The chief judge of the appellate court would be appointed by the chairman of the council on the advice of the governor, and other judges would be appointed by chairman on the advice of the governor after seeking views of the chief judge. The number of judges, meanwhile, has been increased from three to five. Another step forward to empower the people of the areas is the establishment of Gilgit-Baltistan Public Service Commission and Gilgit-Baltistan Services under Article-80 and 81. Auditor general Gilgit-Baltistan will be appointed by the governor on the advice of the council as the case in AJK.

Prior to Saturday’s cabinet meeting, the Northern Areas were officially referred to by the government of Pakistan as the Federally Administered Northern Areas (Fana). The Northern Areas is the northernmost political entity within the Pakistani-controlled part of the disputed territory of Kashmir. It borders Afghanistan to the north, China to the northeast, the Pakistani administrated state of Azad Jammu and Kashmir (AJK) to the south, and the Indian-administered state of Jammu and Kashmir to the southeast. The Northern Areas, which became a single administrative unit in 1970, was formed from the amalgamation of Gilgit Agency, Baltistan District of the Ladakh Wazarat, and the states of Hunza and Nagar. With its administrative centre at the town of Gilgit, the Northern Areas covers an area of 72,971 km (28,174 mi) and has an estimated population approaching 1,000,000.

Gilgit-Baltistan notched up freedom from Dogra Raj in 1947 and voluntarily annexed to Pakistan. However, Gilgit-Baltistan could not get status equal to other parts of the country. Gilgit-Baltistan was hitherto under the active administrative control of the government of Pakistan and being treated as de facto part. Northern Areas remained under the Frontier Crime Regulation (FCR) system up to 70s, however during the premiership of Zulfikar Ali Bhutto FCR was abolished and a new administration was introduced. An advisory council for the NAs was constituted consisting of eight elected representatives and four nominated persons. The council was renamed as Northern Areas Council in 1975, and its role remained unchanged. Some judicial reforms were also introduced that consisted of two district and sessions judges and a judicial commissioner to decide the appeals against the orders and judgments of these district judges. Minor reforms were also introduced by various governments in the Centre. During the second government of Shaheed Mohtarma Benazir Bhutto, a political, judicial and development package was introduced under which seats in NAs Council were increased up to 26 including two for women, posts for deputy chief executive and five advisers were created and the legislative powers were also enhanced to some extent. The post of judicial commissioner was abolished and was replaced by Chief Court, which comprised a chairman and two members.

The Supreme Court on May 28, 1999 directed the federal government to provide basic rights to the people of NAs, particularly the right to be governed by the elected representatives and an independent judiciary for the enforcement of their fundamental rights. The federal government while complying with the orders of the apex court also announced same type of political-cum-judicial reforms in October 1999, wherein the existing NAs Council was upgraded to the level of NAs Legislative Council. The council had the powers to enact laws on 49 subjects and an appellate court was also announced. The posts of speaker and deputy speaker of the legislative council were also created to run the business of the council in accordance with democratic norms. The last caretaker government under the supervision of former President Pervez Musharraf announced another political-cum-judicial reforms package for Gilgit Baltistan on December 15, 2007. As a result the legislative council got the status of legislative assembly and the post of deputy chief executive was upgraded of the chief executive having certain administrative and financial powers. Under the same reforms the regional chief court got the powers of a high court as vested under the constitution.

The name of the Northern Areas Court of Appeals was also changed to have the same powers as that vested on the Supreme Court of Pakistan under the 1973 Constitution. The development budget of the region was increased manifold and several mega projects were launched in the region to bring Gilgit Baltistan at par with other developed parts of the country. These mega projects include Satpara Dam, Diamer Bhasha Dam, Naltar power project and widening of Karakoram Highway.

Several other projects including telecommunication system and other infrastructure were completed for the development of the region and to improve the living standard of the people of NAs. The only worry of the people of Gilgit-Baltistan is that they do not have any representation in the country’s Parliament and other federal institutions as other federating units have.

It has been their continuous demand that they should be declared constitutional citizens of Pakistan and the Gilgit-Baltistan be made the fifth province of the country and its development budget be enhanced for the betterment of the region. Now, they are convinced that under the leadership of President Asif Ali Zardari, Prime Minister Syed Yousuf Raza Gilani and his government, they would get their basic rights, including the determination of their constitutional status in the light of the president’s address to the joint session of parliament.