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It is a well-known historical fact that residents of Gilgit-Baltistan were not much concerned about the prospects for natural resource development in achieving better quality of life for themselves. In recent decades the government and many NGO's working in the area has helped change that situation. The indigenous populations are aware of their natural resources and desire to use these for economical uplift. The Social organizations such as LSOs facilitated by AKRSP are suited to undertake their own development agenda. In the past there has been a common practice of awarding leases for mineral development to non-resident entrepreneurs; also the GOP Order 2018 inherently clears possibility of depriving the indigenous populations by awarding the leases to non-residents. I am appealing through these lines to:
1. Review the Northern Area Policy on awarding these leases to non-residents in Future.
2. Review the existing leases, cancel them and re-award these to local collective entities.
3. Withdraw the GOP Order 2018 and allow the legislative assembly to formulate laws in the true spirit of democracy, federalism and the UN Universal Declaration Agenda 21: Chapter 26 titled "RECOGNIZING AND STRENGTHENING THE ROLE OF INDIGENOUS PEOPLE AND THEIR COMMUNITIES", of which GOP is a signatory.
IMPORTANT MESSAGE TO THE POLICY and DECISION MAKERS: GB is not a captured territory to be treated as a colony. We acceded to Pakistan and as such we have the legal option to REVOKE if we are not integrated constitutionally through democratic dispensation.2. Review the existing leases, cancel them and re-award these to local collective entities.
3. Withdraw the GOP Order 2018 and allow the legislative assembly to formulate laws in the true spirit of democracy, federalism and the UN Universal Declaration Agenda 21: Chapter 26 titled "RECOGNIZING AND STRENGTHENING THE ROLE OF INDIGENOUS PEOPLE AND THEIR COMMUNITIES", of which GOP is a signatory.
LATEST: The federal government on Monday sought time to implement Proposed Order pertaining to the status, authority and powers of Gilgit-Baltistan (GB) and the rights available to its people. “Time frame prescribed in the January 17, 2019 judgement may kindly be extended,” said the application filed by Ministry of Kashmir Affairs and Gilgit and Baltistan. A seven-member larger bench, headed by Justice Gulzar Ahmed heard the case related to implementation of the judgement. The bench issued notices to the Supreme Appellate Court GB and others.
The apex court in its judgement on January 17, 2019 had directed the federal government to promulgate the Proposed Order forthwith or within fortnight. “The Proposed Order (modified in the manner as noted in the judgement), shall be forthwith promulgated by the President on the advice of the federal government, and in any case within a fortnight.”
“No amendment shall be made to the order as so promulgated except in terms of the procedure provided in Article 124 of the same, nor shall it be repealed or substituted without the instrument amending, repealing or substituting the same being placed before this Court by the federal through an application that will be treated as a petition under Article 184(3) of Constitution. Nothing in this judgement shall be construed to limit the jurisdiction conferred on this court by the Proposed Order itself.”
“If the Order so promulgated is repealed or substituted by an Act of Parliament the validity thereof, it challenged, shall be examined on the touchstone of Constitution.” Attorney General for Pakistan, representing the ministry, submitted that the federation informed that in compliance with the apex court’s directions the Proposed Order was placed for approval before the federal cabinet. Some discontentment expressed by people and the government of GB were reported.
The people of GB demanded that instead of governing Gilgit-Baltistan through presidential orders, the areas should be governed through an Act of Parliament of Pakistan. The government of GB also raised certain observations that their viewpoints were not addressed. A meeting of the stakeholders was held on 06-02-2019, and consensus was reached that the Gilgit-Baltistan Governance Reforms, 2019 may be enacted through the Parliament as per aspiration of the people of Gilgit-Baltistan.
Accordingly, some amendments in the Proposed Order of the Gilgit-Baltistan Governance Reforms, 2019 were made in consultation with all the stakeholders including the government of Gilgit-Baltistan, Ministry of Law and Justice and the office of the Attorney General for Pakistan. It said that as per the outcome of the said meetings, it is proposed that a bill be tabled before the Parliament with the proposed amendments. The substantial compliance with the directions of the Supreme Court has been done and it would also fulfil the demands of the people of Gilgit-Baltistan.
For full and complete compliance with the directions of the apex court, time is granted for the enactment of the Gilgit-Baltistan Governance Reforms 2019 such that the federal government may table the bill before the Parliament with the amendments. In June 2018, the President of Pakistan approved the promulgation of “The Government of Gilgit-Baltistan Order, 2018,” which was challenged in Supreme Appellate Court GB. The GB Court set aside the Order 2018 on 13th July 2018 being not approved by the federal cabinet and restored the Gilgit-Baltistan (Empowerment & Self Governance) Order, 2009.
The judgement of the Supreme Appellate Court was challenged before the Supreme Court through a constitutional petition. On 8th August, 2018 the Supreme Court of Pakistan suspended the decision of the Supreme Appellate Court Gilgit-Baltistan. The apex court on 3rd December, 2018, ordered the federation to prepare a fresh draft for the governance of Gilgit-Baltistan of the amendments on the basis of the recommendations of the Sartaj Aziz Committee and a high-level committee constituted by the federal cabinet.
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