Gilgit-Baltistan has been a constitutional part of the state of Jammu and Kashmir since 1836, under Maharaja Hari Singh's rule. For 110 years, it was directly or indirectly governed by the Dogras, and for the past 75 years, this region has been deprived of its national identity. In the state elections held in 1934, 1937, and 1941 for the Jammu and Kashmir Assembly, five individuals continued to represent Gilgit-Baltistan. It can also be said that they were members of the National Assembly of Jammu and Kashmir. When the British terminated their agreement with Hari Singh, Ghansara Singh took over as the first and last Governor-General of the province (Ladakh and Gilgit) and administered control of the state of Jammu and Kashmir until November 1, 1947, remaining as governor for only three months.
After completing a brief 16-day period of their freedom, the Free Republic of Gilgit entered into the deputy Tehsildar jurisdiction, and the "Gilgit Agency" was taken into custody by the FCR, while the system of FCR was not implemented in the constitutional parts of Pakistan. Baltistan, having been separated from the Laddakh, has been included in Gilgit.
Gilgit Agency remained under the administration of the Political Agent until 1950, after which it was reinstated under the name of Northern Areas. This was not in reference to Pakistan's Northern Areas, but rather in relation to the third province of Maharaja Hari Singh's Jammu and Kashmir state (Northern Province). This had been mentioned in the United Nations agreements.
In 1950, The Karachi Agreement was implemented in Gilgit Baltistan, lifting the administrative control of Gilgit-Baltistan from the AJK and transferring it to the Ministry of Kashmir Affairs (MKA). The "Political Agent" was renamed "Political Resident".
In 1952, the Joint Secretary of Kashmir Affairs appointed a "Political Resident" for Gilgit-Baltistan.
In 1958, a ban was imposed on Colonel Mirza Hassan Khan's political party "Gilgit League" in Gilgit-Baltistan, which was the first political party of Gilgit-Baltistan. After the ban on Gilgit League, Colonel Mirza Hassan joined the civil service in Azad Kashmir.
In 1958, when martial law was imposed in Pakistan, at that time, martial law was not imposed here in Gilgit-Baltistan due to its disputed status.
In 1967, the term "Resident" was given to the Political Resident, and for the first time, the Resident's office was opened in Gilgit, and the appointment of two Political Agents was made under a Resident. One for Gilgit and the other for Baltistan. These political agents had administrative, revenue, judicial, and all other powers.
In 1970, for the first time, elections were held in Gilgit-Baltistan for a 16-member Northern Areas Council; the Resident was the head of this council, and public representatives were elected under the Resident. Later, the Minister for Kashmir Affairs made this Northern Areas Council the Chairman. Today, 47 years later, the Prime Minister of Pakistan is the Chairman of the Gilgit-Baltistan Council.
In Gilgit-Baltistan, there has never been a consistent movement, even in the distant past. Change here has always been spurred by some incident or another.
After November 1st, another incident completely altered the political and administrative situation in Gilgit-Baltistan. A military officer's daughter failed an exam, which led the officer's wife to storm the school and insult the headmistress. The complaint reached the deputy commissioner, who suspended the headmistress from her job. When the representatives who went to request the headmistress's reinstatement were also rebuked by the deputy commissioner, the public erupted in protest against the humiliation of the headmistress and the representatives. This protest gradually transformed into a movement for rights and the removal of the FCR (Frontier Crimes Regulation).
State force was used to stop the public protest. Security forces fired shots at protesting citizens, and a young man named Rajab Ali was martyred. Rajab Ali is the first martyr to raise his voice for the rights of Gilgit-Baltistan.
Several members of the organization were arrested. Public courts were set up against injustice, the jail was broken, and the prisoners were released.
In Gilgit-Baltistan, the decade of the sixties can be termed as a period of political awakening.
In the 1960s, students and conscious individuals who is going to study in Karachi, Lahore, and Rawalpindi formed an organization named Gilgit-Baltistan Democratic Front (Gilgit Baltistan Jamhuri Mahaz) to facilitate education. This organization introduced the name Gilgit-Baltistan for the first time. It remained active until 1973.
After that, in 1973, students in Karachi established the Gilgit-Baltistan Students Federation, which became inactive after 1976 following active struggle.
The organizations played a key role in abolishing the draconian laws of FCR (Frontier Crimes Regulation) from Gilgit-Baltistan. Through the publication of literature, magazines, and weekly newspapers, the world was informed about the situation in Gilgit-Baltistan.
The Sino-Pakistan Border Agreement:
On March 2, 1963, a border management agreement was signed between Pakistan and China known as the Sino-Pakistan Border Agreement. Article 6 of this agreement stipulated that in the event of the Kashmir issue being resolved, China would renegotiate the agreement with the then government in place and render it null and void.
This agreement is referred to as the "Sino-Kashmir Border Agreement." It is not called the Sino-Gilgit Agreement.
When India protested against this agreement in a meeting of the United Nations Security Council on March 16, 1963, Pakistan's Foreign Minister Zulfikar Ali Bhutto clarified that the border agreement between Pakistan and China would not affect the disputed status of the units of Jammu and Kashmir (Gilgit-Baltistan).
Simla Agreement:
July 2, 1972
During the negotiations between Zulfikar Ali Bhutto and Indian Prime Minister Indira Gandhi at Simla, Indira Gandhi, while drawing Bhutto's attention towards "Gilgit Agency," asked Mr. Bhutto under which law FCR (Frontier Crimes Regulation) is enforced in Gilgit, while this region is an integral part of the state of Jammu and Kashmir. After the negotiations, when Bhutto returned to Pakistan, he announced the abolition of FCR from Gilgit-Baltistan in August 1972 and introduced new administrative terms.
According to which, the Resident and Political Agent were respectively renamed Commissioner and Deputy Commissioner, and the Rajgi system was also abolished.
Gilgit and Baltistan Agency were given the status of districts, and Diamer was also given the status of a separate district. Bhutto, by abolishing FCR, not only reduced international pressure on Pakistan but also sent a soft message to Indian Prime Minister Indira Gandhi that Pakistan is committed to the UN resolutions in this important region of the disputed state of Jammu and Kashmir (Gilgit-Baltistan).
In September 1974, Bhutto visited Gilgit during his important tour, where he also announced the formation of Ghizer and Gupis Districts. He also announced subsidies on essential commodities for the people of Northern Areas, which was available to the people of the disputed region under the administration of India.
Bhutto had the perception of the sensitive international status of Gilgit-Baltistan, so when people demanded him to make it a province during the Gilgit tour, Bhutto replied, "Provinces are made by history, not by Bhutto."
The creator of the Constitution of Pakistan in 1973, Zulfikar Ali Bhutto, could not include Gilgit-Baltistan in Pakistan's Constitution, but by announcing the provision of cheap grains, Bhutto not only won the hearts of the people of Gilgit-Baltistan but also marked a new date by violating the State Subject Rules.
The
fundamental purpose of violating the State Subject Rules was to end
the possibility of major-scale settlement of non-locals in the
region, thereby eliminating the possibility of a public revolution or
uprising like in November 1947.
The Great Game:
The campaign orchestrated by Governor Ghansara Singh's security guards on November 1, 1947, in which the Dogras were implicated, we call it "freedom," while the protagonist of all this game, Major Brown, head of the Gilgit Scouts, has termed it "Gilgit Rebellion."
I still haven't understood whether it was rebellion or freedom. If we call it freedom, despite 76 years passing, Gilgit-Baltistan is neither a free state nor part of any state. When a region achieves freedom in the world, it forms its own independent government, which other countries recognize. If a country does not maintain its freedom and autonomy, it merges with another country.
The independence of Gilgit-Baltistan for 16 days is an accepted reality, and there was no doubt in the public desire to join Pakistan. However, despite this, the Pakistani government ended the autonomous government of Gilgit-Baltistan by sending political agent from Peshawar. Neither was Gilgit-Baltistan accepted as an independent country nor was its accession acknowledged.
Major Brown said: "I had advised the Government of Pakistan to gain control over this region."
In 1949, by signing the Karachi Agreement, Gilgit-Baltistan's freedom was declared a "failed rebellion," and it was again attached to the state of Jammu and Kashmir, which is why even today the people of Gilgit-Baltistan are neither here nor there.
In my opinion, considering the current situation, the movement of November 1st was not only an incomplete freedom movement but also an unsuccessful rebellion. We were successful in relinquishing 48 thousand square miles in the war for freedom, but we failed to keep this region free or to annex it with another country, and we are still unsuccessful today.
Under a compromise, our freedom was betrayed. We had driven the invaders away, but lacked the courage to bring them back. Instead, we were entangled in the race called "Kashmir Issue," and once again, handed over to the Dogra rule.
Rather than holding accountable those who turned our hard-won freedom struggle into servitude, we find ourselves entangled in tales of annexation, fabricating false histories to deceive our hearts and mislead the new generation.
The bitter truth is that we failed in the 1947 rebellion, and we did not succeed in the movement for independence either. Therefore, it can be said that the incident of November 1 was neither a rebellion nor freedom, but a conspiracy of a British military officer called the "Great Game".
General Zia ul Haq:
Although Major Brown had sown the seed of religious discord in Gilgit-Baltistan from the very first day, General Zia, while following in his footsteps, promoted sectarianism in Gilgit-Baltistan.
On July 5, 1977, General Zia ul Haq imposed martial law in Pakistan and also declared Gilgit-Baltistan as a martial law zone. General Zia ul Haq opened Pandora's box of the disputed status of Gilgit-Baltistan for the first time, and a strong reaction was also seen from the Kashmiri leadership.
In April 1982, General Zia-ul-Haq issued a statement in a newspaper saying, "Kashmir is disputed, whereas Hunza, Gilgit, and Skardu are not disputed."
General Zia appointed three individuals from Gilgit-Baltistan to the Legislative Council.
On April 15, 1985, an announcement was made to grant representation to Gilgit-Baltistan in the National Assembly and Senate. A committee was formed to make recommendations for the integration of Gilgit-Baltistan into Pakistan. This committee submitted its report to the President of Pakistan, but no outcome emerged, and the report was not made public.
Zia-ul-Haq made a tumultuous visit to Gilgit-Baltistan, and for many years, the sky of Gilgit-Baltistan resonated with the chants of "Mard-e-Momin Mard-e-Haq, Zia-ul-Haq Zia-ul-Haq". A section of the people of Gilgit-Baltistan endured Zia-ul-Haq's false assurances.
General Zia ul Haq was not successful in integrating Gilgit-Baltistan into Pakistan's constitution, but he was particularly successful in fueling sectarianism in Gilgit-Baltistan.
In May 1988, on General Zia ul Haq's orders, more than a hundred thousand military enthusiasts carried out sectarian warfare in Gilgit-Baltistan, playing with fire and bloodshed. The plan of Shia genocide was actually General Zia ul Haq's sectarian great game. In this great game, planners, attackers, and financiers did not achieve success in their primary objective, but the poison of sectarianism was so thoroughly stirred in Gilgit-Baltistan that the region still could not be freed from the effects of this conspiratorial plan.
In
Gilgit-Baltistan, Bhutto and Zia had a common mission and approach
for settling non-locals. Bhutto planned to change the local majority
into a minority by violating State Subject Rules, while Zia wanted to
settle non-locals here by ethnic cleansing of the local population.
After the tragic death of General Zia-ul-Haq, once again, under the leadership of the Benazir Bhutto, the Pakistan Peoples Party came into power. In this tenure, Qurban Ali (late), the President of PPP Gilgit-Baltistan, was appointed as the Advisor to the Prime Minister of Pakistan. When PPP came into power for the second time, on April 25, 1994, a package was announced for Northern Areas, according to which elections were held for the Northern Areas Council in 24 constituencies for the first time on a party basis. The Minister for Kashmir Affairs and Northern Areas Council was appointed as the Chief Executive, and the elected representatives were given the authority to elect the Deputy Chief Executive.
In the 1994 communal elections, the Jaferi movement in Pakistan succeeded overwhelmingly based on sectarian slogans, but this party failed miserably in implementing its electoral manifesto "Fifth Province".
Although religious parties like Tehreek-e-Jafaria Pakistan (Islamic Movement of Pakistan), Jamiat Ulema-e-Islam, Majlis-e-Wahdat-e-Muslimeen, and Jamaat-e-Islami are engaging in politics in their respective sectarian circles, the Pakistan People's Party and Pakistan Muslim League-N are also considered as representatives of two different sects in Gilgit-Baltistan.
On May 31, 1999, to ensure the implementation of the decision, the then Minister for Kashmir Affairs Abdul Majid Malik reached Gilgit-Baltistan from Islamabad on October 2, 1999, and announced that the government would soon establish the Northern Areas Council as the Northern Areas Legislative Council. Ten days later, the dream of bringing reforms by the Muslim League-N in Gilgit-Baltistan turned sour when on October 12, 1999, Army Chief General Pervez Musharraf overturned the government of the Muslim League-N.
Army Chief General Pervez Musharraf's era:
When Musharraf imposed martial law in the country and abolished civilian governments, at that time the disputed and separate status of Gilgit-Baltistan was not disrupted, rather the army was directly involved in the administrative affairs of Gilgit-Baltistan. Army monitoring teams were formed in all districts to keep a close eye on law and order and the public.
General Musharraf's government held timely elections for the Northern Areas Legislative Council on July 7, 2000. General Musharraf's stance on Gilgit-Baltistan was completely different and ambiguous from General Zia-ul-Haq's.
General Musharraf had an unsuccessful negotiation with Indian Prime Minister Vajpayee in Agra, during which he proposed Gilgit-Baltistan as a separate entity from the Kashmir conflict. He suggested resolving the Kashmir issue by dividing the units of the state of Jammu and Kashmir, including the division of Gilgit-Baltistan, which was also under consideration.
In August 2007, General Musharraf introduced a new package for Gilgit-Baltistan, according to which the name of the Northern Areas Legislative Council was changed to the Northern Areas Legislative Assembly (NALA). The Deputy Chief Executive was promoted to Chief Executive, while the Chief Executive (Minister for Kashmir Affairs and Northern Areas) was made the Chairman of this Assembly. Speaker and Deputy Speaker positions were also introduced this time. According to this package, all powers still remained with the Minister for Kashmir Affairs for the Northern Areas.
Gilgit Baltistan Empowerment and Self Governance Order:
In September 2009, The Pakistan Peoples Party announced a new administrative package for Gilgit-Baltistan, called the Gilgit-Baltistan Empowerment and Self-Governance Order 2009.
By transforming the Northern Areas, it was renamed Gilgit-Baltistan.
Under the Self-Governance Order 2009, two administrative setups were established simultaneously in Gilgit-Baltistan.
One setup established a provincial-style "Gilgit-Baltistan Legislative Assembly" with a Chief Minister at its helm.
The other setup established a state-style body called the "Gilgit-Baltistan Council," with the Prime Minister of Pakistan as its head.
According to this administrative setup, the term "government" refers to the administration of Gilgit-Baltistan, and "citizens" refer to the residents of Gilgit-Baltistan. Gilgit-Baltistan is not a province but an administrative unit with a provincial-style setup established within it.
According to this package, the Minister for Kashmir Affairs also owns every black and white of Gilgit-Baltistan; the Prime Minister of Pakistan is not responsible for the Chief Minister of Gilgit-Baltistan but the Ministry of Kashmir Affairs and Gilgit-Baltistan is responsible.
Through this administrative setup, the people of Gilgit-Baltistan were deceived into believing that Gilgit-Baltistan had become a province of Pakistan, and in the guise of this package, Gilgit-Baltistan was completely handed over to non-local bureaucrats. Here, the path was smoothed to suppress every voice raised for public rights by applying black laws like Counter Terrorism, National Action Plan, and Schedule 4.
Nationalist parties also consider the setup similar to Azad Kashmir practical until the Kashmir conflict is resolved. The identity crisis of Gilgit-Baltistan is becoming increasingly complex day by day. To understand this complexity, it is necessary to understand the decisions of international and Pakistani courts so that it becomes easier to determine the path to reach the destination.
Case of Constitutional Rights of Gilgit-Baltistan:
It is pending before the International Court of Justice, but this case continues in the courts of Pakistan and Azad Kashmir as well, and the decisions made by the courts are of utmost importance.
Azad Kashmir Court:
In its constitutional status, the Azad Kashmir High Court, on the application of Malik Muskin and Haji Bashir, wrote in its decision on March 18, 1993, that "Gilgit-Baltistan is a historical and constitutional part of Azad Kashmir, the government of Azad Kashmir should establish administrative institutions here". The government of Azad Kashmir challenged this judicial order in the Azad Kashmir Supreme Court.
The Azad Kashmir Supreme Court said in its decision on September 14, 1994, that there is no doubt that "Gilgit-Baltistan is part of the state of Jammu and Kashmir but not part of Azad Kashmir, therefore the government of Azad Kashmir does not need to take administrative control of Gilgit-Baltistan".
Supreme Court of Pakistan:
The Supreme Court of Pakistan's judicial decisions are very popular among the people of Gilgit-Baltistan, and they repeatedly demand that the orders of the Supreme Court of Pakistan should be implemented.
The Supreme Court of Pakistan issues its historic verdict on April 28, 1999, on page 42, stating, "Gilgit-Baltistan is a highly sensitive region geographically situated between India, China Tibet, and Russia. This court cannot decide what type of governance Gilgit-Baltistan should have because the Constitution of Pakistan does not permit it, nor can we direct that Gilgit-Baltistan be represented in Parliament because it is not in the best interests of the country. In essence, the matter should be resolved through a UN-supervised plebiscite." It further decrees that "Northern Areas are a constitutional part of the state of Jammu and Kashmir. The Government of Pakistan should ensure the provision of fundamental rights, political and administrative institutions within six months, such measures should not alter Pakistan's stance on the Kashmir issue."
International Court:
Pakistan and India have agreed and signed in the United Nations Security Council Resolution 47 on 21 April, 1948, that "an immediate cease-fire and called on the Government of Pakistan 'to secure the withdrawal from the state of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the state for the purpose of fighting.' It also asked Government of India to reduce its forces to minimum strength, after which the circumstances for holding a plebiscite should be put into effect 'on the question of Accession of the state to India or Pakistan.'" It is also noteworthy that the assemblies of Azad Kashmir and Jammu and Kashmir will not have the right to accede to Pakistan or India, and similarly, the Gilgit-Baltistan Legislative Assembly does not have the right to accede to anyone.
This assembly can pass hundreds of thousands of resolutions, but as long as the Kashmir issue remains sub judice in the International Court of Justice, Pakistan cannot make Gilgit-Baltistan a constitutional part. The survival of the Kashmir issue is essential because it is a matter of life and death for some and an ideological issue for others. The truth is that Gilgit-Baltistan is facing the worst crisis of national identity these days.
