Northern Areas: Gilgit and Baltistan (JR213)

Northern Areas: Gilgit and Baltistan  (JR213)

Introduction:

After Pakistan's independence, Jammu and Kashmir initially remained an independent state. Later on 22 October 1947, tribal militias backed by Pakistan crossed the border into Jammu and Kashmir Local tribal militias and the Pakistani armed forces moved to take Srinagar but on reaching Uri they encountered defensive forces. Hari Singh made a plea to India for assistance and signed the Instrument of Accession.

Gilgit Action

Gilgit's population did not favour the State's accession to India. The Muslims of the Frontier Districts Province (modern day Gilgit-Baltistan) had wanted to join Pakistan. Sensing their discontent, Major William Brown ( the major part was played by Muslim Officers nd the British Officer later joined in ) , the Maharaja's commander of the Gilgit Scouts, mutinied on 1 November 1947, overthrowing the Governor Ghansara Singh. The bloodless coup d'etat was planned by  Col. Hasan Khan,  to the last detail under the code name "Datta Khel", which was also joined by a rebellious section of the Jammu and Kashmir 6th Infantry under Mirza Hassan Khan. Brown ensured that the treasury was secured and minorities were protected. A provisional government (Aburi Hakoomat) was established by the Gilgit locals with Raja Shah Rais Khan as the president and Mirza Hassan Khan as the commander-in-chief. However, Major Brown had already telegraphed Khan Abdul Qayyum Khan asking Pakistan to take over. The Pakistani political agent, Khan Mohammad Alam Khan, arrived on 16 November and took over the administration of Gilgit.  Brown outmaneuvered the pro-Independence group and secured the approval of the mirs and rajas for accession to Pakistan. 

 Provincial Government

The provisional government lasted 16 days. The provisional government lacked sway over the population. The Gilgit rebellion did not have civilian involvement and was solely the work of military leaders, not all of whom had been in favor of joining Pakistan, at least in the short term. Historian Ahmed Hasan Dani mentions that although there was a lack of public participation in the rebellion, pro-Pakistan sentiments were intense in the civilian population and their anti-Kashmiri sentiments were also clear.  According to various scholars, the people of Gilgit as well as those of Chilas, Koh Ghizr, Ishkoman, Yasin, Punial, Hunza and Nagar joined Pakistan by choice.

Ladakh Action

After taking control of Gilgit, the Gilgit Scouts along with Azad irregulars moved towards Baltistan and Ladakh and captured Skardu by May 1948. They successfully blocked the Indian reinforcements and subsequently captured Dras and Kargil as well, cutting off the Indian communications to Leh in Ladakh. The Indian forces mounted an offensive in Autumn 1948 and recaptured all of Kargil district. Baltistan region, however, came under Gilgit control.

UN

On 1 January 1948, India took the issue of Jammu and Kashmir to the United Nations Security Council. In April 1948, the Council passed a resolution calling for Pakistan to withdraw from all of Jammu and Kashmir and India to reduce its forces to the minimum level, following which a plebiscite would be held to ascertain the people's wishes. However, no withdrawal was ever carried out, India insisting that Pakistan had to withdraw first and Pakistan contending that there was no guarantee that India would withdraw afterwards. Gilgit-Baltistan and a western portion of the state called Azad Jammu and Kashmir have remained under the control of Pakistan since then.

Inside Pakistan

While the residents of Gilgit-Baltistan expressed a desire to join Pakistan after gaining independence from Maharaja Hari Singh, Pakistan declined to merge the region into itself because of the territory's link to Jammu and Kashmir.  For a short period after joining Pakistan, Gilgit-Baltistan was governed by Azad Kashmir if only "theoretically, but not practically" through its claim of being an alternative government for Jammu and Kashmir.  In 1949, the Government of Azad Kashmir handed administration of the area to the federal government via the Karachi Agreement, on an interim basis which gradually assumed permanence. According to Indian journalist Sahni, this is seen as an effort by Pakistan to legitimize its rule over Gilgit-Baltistan

There were two reasons why administration was transferred from Azad Kashmir to Pakistan: (1) the region was inaccessible to Azad Kashmir and (2) because both the governments of Azad Kashmir and Pakistan knew that the people of the region were in favour of joining Pakistan in a potential referendum over Kashmir's final status 

 

In 1970 the two parts of the territory, viz., the Gilgit Agency and Baltistan, were merged into a single administrative unit, and given the name "Northern Areas".^[ The Shaksgam tract was ceded by Pakistan to China following the signing of the Sino-Pakistani Frontier Agreement in 1963.  In 1969, a Northern Areas Advisory Council (NAAC) was created, later renamed to Northern Areas Council (NAC) in 1974 and Northern Areas Legislative Council (NALC) in 1994. But it was devoid of legislative powers. All law-making was concentrated in the KANA Ministry of Pakistan. In 1994, a Legal Framework Order (LFO) was created by the KANA Ministry to serve as the de facto constitution for the region.

In 1984 the territory's importance shot up on the domestic level with the opening of the Karakoram Highway and the region's population came to be more connected with mainland Pakistan. With the improvement in connectivity, the local population availed education opportunities in the rest of Pakistan.  Improved connectivity also allowed the political parties of Pakistan and Azad Kashmir to set up local branches, raise political awareness in the region, and these Pakistani political parties have played a 'laudable role' in organising a movement for democratic rights among the residents of Gilgit-Baltistan.

In the late 1990s, the President of Al-Jihad Trust filed a petition in the Supreme Court of Pakistan to determine the legal status of Gilgit-Baltistan. In its judgement of 28 May 1999, the Court directed the Government of Pakistan to ensure the provision of equal rights to the people of Gilgit-Baltistan, and gave it six months to do so. Following the Supreme Court decision, the government took several steps to devolve power to the local level. However, in several policy circles, the point was raised that the Pakistani government was helpless to comply with the court verdict because of the strong political and sectarian divisions in Gilgit-Baltistan and also because of the territory's historical connection with the still disputed Kashmir region and this prevented the determination of Gilgit-Baltistan's real status.^[

A position of 'Deputy Chief Executive' was created to act as the local administrator, but the real powers still rested with the 'Chief Executive', who was the Federal Minister of KANA. "The secretaries were more powerful than the concerned advisors," in the words of one commentator. In spite of various reforms packages over the years, the situation is essentially unchanged^[ Meanwhile, public rage in Gilgit-Baltistan is "growing alarmingly." Prominent "antagonist groups" have mushroomed protesting the absence of civic rights and democracy.  Pakistan government has been debating the grant of a provincial status to Gilgit-Baltistan.

According to Antia Mato Bouzas, the PPP-led Pakistani government has attempted a compromise through its 2009 reforms between its traditional stand on the Kashmir dispute and the demands of locals, most of whom may have pro-Pakistan sentiments. While the 2009 reforms have added to the self-identification of the region, they have not resolved the constitutional status of the region within Pakistan.

The people of Gilgit-Baltistan want to be merged into Pakistan as a separate fifth province, however, leaders of Azad Kashmir are opposed to any step to integrate Gilgit-Baltistan into Pakistan. The people of Gilgit-Baltistan oppose any integration with Kashmir and instead want Pakistani citizenship and constitutional status for their region.  Gilgit-Baltistan has been a member state of the Unrepresented Nations and Peoples Organization since 2008.

 Supreme Court Of Pakistan

The Supreme Court of Pakistan’s recent verdict on the constitutional status of Gilgit-Baltistan, declaring it an inseparable part of the Kashmir issue and the inability due to international law governing it, to assimilate the region into the body-politics of the Pakistani state, has once and for all laid to rest the confusion over the region’s political status, especially within the minds of the masses of Gilgit-Baltistan (GB) itself. The urgency displayed at times by certain elements to unconditionally absorb the region into the Pakistani state, not only defied legal logic and historical processes but also undermined contemporary imperatives of preserving the region’s core indigenous rights and identity, especially in the milieu of a shifting strategic calculus.

The verdict has set the ball rolling for a reset of the region’s relationship with Islamabad especially in the popular imagination — something that was earlier missing or made to be irrelevant. The various lacunae in the CPEC framework with regards to the region if not addressed prudently especially in terms of local rights and share in development could sharpen the emerging fissures between ambitions of the Pakistani state and the indigenous aspirations of the region. The evident prejudice in the projected windfall of CPEC towards GB beyond the extractive transit route (Karakoram Highway — KKH) could bring to the fore the hitherto veiled deprivation institutionalized in the “management” of the region. While not much ground has been lost yet, unattended fault lines could prove an inflicting inflection point.

Conclusion

The spirit of Jihad inspired the people of Gilgit and Baltistan to enroll as volunteers to fight alongside the Gilgit Scouts. They managed to defeat the enemy and routed the Maharajas forces, which liberated an entire area which subsequently was called Northern Areas. Northern Areas came into existence to join freely on its own accord with Pakistan

UNCIP Resolution Day on Kashmir by Sajjad Shaukat (JR115SS14)

UNCIP Resolution Day on Kashmir by Sajjad Shaukat(JR115SS14)

Every year, January 5 is celebrated in remembrance of the pledges of the UNO, as on this very day in 1949, UNCIP (United Nations Commission for Indian Pakistan) resolution adopted in which Kashmiris’ right of self-determination was granted through a free and impartial plebiscite, while these people have still been living under Indian occupation.

During the partition of the Sub-continent, the people of the State of Jammu and Kashmir (J&K) which comprised Muslim majority decided to join Pakistan according to the British-led formula. But, Dogra Raja, Sir Hari Singh, a Hindu who was ruling over the J&K in connivance with the Indian Prime Minister Jawaharlal Nehru and Governor General Lord Mountbatten joined India.

The design to forcibly wrest Kashmir began to unfold on August 16, 1947, with the announcement of the Radcliffe Boundary Award. It gave the Gurdaspur District—a majority Muslim area to India to provide a land route to the Indian armed forces to move into Kashmir. There was a rebellion in the state forces, which revolted against the Maharaja and were joined by Pathan tribesmen. Lord Mountbatten ordered armed forces to land in Srinagar.

However, Indian forces invaded Srinagar on October 27, 1947 and forcibly occupied Jammu and Kashmir in utter violation of the partition plan and against the wishes of the Kashmiri people.

When Pakistan responded militarily against the Indian aggression, on December 31, 1947, India made an appeal to the UN Security Council to intervene and a ceasefire which ultimately came into effect on January 01, 1949, following UN resolutions calling for a plebiscite in Kashmir.

It is mentionable that the Security Council adopted resolution 47 (1948) of 21 April 21, 1948, which promised a plebiscite under UN auspices to enable the people of Jammu and Kashmir to determine whether they wish to join Pakistan or India. On February 5, 1964, India backed out of its promise of holding plebiscite. Instead, in March 1965, the Indian Parliament passed a bill, declaring Kashmir a province of India-an integral part of the Indian union.

The very tragedy of Kashmiris had started after 1947 when they were denied their genuine right of self-determination. They organised themselves against the injustices of India and launched a war of liberation which New Delhi tried to suppress through various forms of state terrorism.

Passing through various phases, the struggle of Kashmiris which has become an interaction between the Indian state terrorism led by the Indian security forces and war of liberation by the freedom fighters keeps on going unabated.

It is notable that since 1947, in order to maintain its illegal control, India has continued its repressive regime in the Occupied Kashmir through various machinations. In this regard, as already mentioned that India forcibly occupied Kashmir in gross violation of the “Partition Plan of the Indian Subcontinent, but, through the so-called-Instrument of Accession of October 27, 1947 which is illegal, and remains controversial, New Delhi justifies its hold on the Kashmir.

Nevertheless, various forms of state terrorism have been part of a deliberate campaign by the Indian army and paramilitary forces against Muslim Kashmiris, especially since 1989. It has been manifested in brutal tactics like crackdowns, curfews, illegal detentions, massacre, targeted killings, sieges, burning the houses, torture, disappearances, rape, breaking the legs, molestation of Muslim women and killing of persons through fake encounter.

According to a report on human rights violations in the Indian Occupied Kashmir, since 1989, there have been deaths of 1,00000 innocent Kashmiris, 7,023 custodial killings, 1,22,771 arrests, 1,05,996 destruction of houses or buildings, 22,776 women widowed, 1,07,466 children orphaned and 10,086 women gang-raped/molested. Indian brutal securities forces have continue these atrocities.

In fact, Indian forces have employed various draconian laws like the Jammu and Kashmir Disturbed Areas Act, and the Armed Forces (Jammu and Kashmir) Special Powers Act and Public Safety Act in killing the Kashmiri people, and for the arbitrarily arrest of any individual for an indefinite period.

Besides Human Rights Watch, in its various reports, Amnesty International has also pointed out grave human rights violations in the Indian controlled Kashmir, indicating, “The Muslim majority population in the Kashmir Valley suffers from the repressive tactics of the security forces”.

In its report on July 2, 2015, the Amnesty International has highlighted extrajudicial killings of the innocent persons at the hands of Indian security forces in the Indian Held Kashmir. The report points out, “Tens of thousands of security forces are deployed in Indian-administered Kashmir…the Armed Forces Special Powers Act allows troops to shoot to kill suspected militants or arrest them without a warrant…not a single member of the armed forces has been tried in a civilian court for violating human rights in Kashmir…this lack of accountability has in turn facilitated other serious abuses…India has martyred one 100,000 people. More than 8,000 disappeared (while) in the custody of army and state police.”

In this respect, European Union has passed a resolution about human rights abuses committed by Indian forces in the Indian held Kashmir.

It is of particular attention that in 2008, a rights group reported unmarked graves in 55 villages across the northern regions of the Indian-held Kashmir. Then researchers and other groups reported finding thousands of mass graves without markers. In this respect, in August, 2011, Indian Jammu and Kashmir State Human Rights Commission officially acknowledged in its report that innocent civilians killed in the two-decade conflict have been buried in unmarked graves.

Foreign sources and human rights organisations have revealed that unnamed graves include those innocent persons, killed by the Indian military and paramilitary troops in the fake encounters including those who were tortured to death by the Indian secret agency RAW. In the recent past, more unmarked graves have been discovered.

It is worth-mentioning that report of the United Nations High Commissioner for Human Rights (OHCHR) released on June 14, 2018-“Situation in Kashmir” pointed out Indian atrocities in the Indian Occupied Kashmir (IOK). It said: “From July 2016, the High Commissioner for Human Rights has on numerous occasions requested the Governments of India and Pakistan that his Office be given unconditional access to Kashmir to assess the human rights situation. India rejected this request; while Pakistan offered access…The refusal to allow unhindered access to United Nations team into Indian-Administered-Kashmir gave rise to an idea of “Remote Monitoring”. The report was then compiled by doing “remote monitoring” on the situation of Human Rights in Kashmir. The report by the independent authority is an eye-opener for many. The focus of the report is on the situation of human rights in the Indian state of Jammu and Kashmir from July 2016 to April 2018. During this period ‘OHCHR’ received reports of allegations of widespread and serious human rights violations by Indian security forces that led to numerous civilian casualties.

It is noteworthy that in his address at the 73rd United Nations General Assembly (UNGA) on September 29, 2018, Pakistan’s Foreign Minister Shah Mehmood Qureshi said, “The neighbouring country [India] rejected the Pakistani offer of resuming peace talks on ‘flimsy grounds…We are ready to talk to India on all issues but with respect…Kashmir issue is the biggest obstacle to regional peace…the Indian forces subjecting Kashmiris to atrocities for seven decades. India should not test Pakistan’s patience…we will respond to Indian aggression…The latest UN report on the occupied Kashmir has exposed Indian atrocities on innocent civilians…the meeting between the Pakistani and Indian foreign ministers would’ve been a great opportunity for dialogue. But, the Modi government chose politics over dialogue…India would have to bear the brunt of Pakistan’s retaliation if it makes the mistake of any misadventure on the Line of Control (LoC)”.

Nonetheless, this time, this very day has come at time when the people of Kashmir have accelerated their legitimate struggle in the aftermath of the martyrdom of the young Kashmir leader Burhan Wani by the Indian security forces in the Indian Held Kashmir in wake of continued sieges, prolonged curfews, arrests and detentions of the Kashmiri leaders. Since July 8, 2016, Indian forces have martyred more than 1500 innocent persons who have been protesting against the martyrdom of Burhan Wani.

Some online authentic sources suggest that recent wave of Kashmiri intifada has witnessed repression of Indian armed forces; large numbers of the dead and injured have been youngsters. The pellet guns used by security forces have damaged the faces of 1600 people and more than 1100 people have partially or wholly lost their eyesight making 2016 as the year of dead eyes.

In 2017, reports also disclosed that Indian security forces have also used chemical weapons against the Kashmiri civilians in violation of international law and Universal Declaration of Human Rights.

Due to mounting causalities in IOK, Indian security forces have started giving collective punishment to Kashmiri civilians. In a development on 4 July 2017, the Indian Army had destroyed houses in Pulwama and killed 3 Kashmiri civilians. Upon recovery of the bodies, it was discovered that they were burnt beyond recognition. 

Sources report that Indian Army is emulating Israeli tactics by using white phosphorus bombs to destroy houses of Kashmiris suspected of harboring Mujahideen. The same tactics was used by Israel during its attacks on Gaza and it seems that these weapons have been provided by Israel to India for use in IOK.

As a matter of fact, Indian authorities are not willing to talk with Kashmiri people on political grounds. New Delhi reached to a conclusion that only bullet is the right way of dealing with Kashmiris, demanding their right of self-determination. Surprisingly, Indian successive governments are trying to ignore the dynamics of the freedom movement of Kashmiris for the sake of their alien rule.

And New Delhi is still showing its intransigence in order to resolve Kashmir issue with Pakistan by neglecting the fact that Kashmir remains a nuclear flashpoint between both the neighbouring countries. While, by manipulating the false flag terror attacks at a military base in Uri and Baramulla, the BJP-led Indian Prime Minister Narendra Modi has intensified war-hysteria against Pakistan.  Indian forces have continued violation of the LoC) by shelling in Pakistani side of Azad Kashmir and Pakistan’s Army has been compelled to give a matching response. New Delhi’s main aim is to deflect the attention of the international community from the new phase of Kashmiri Intifada, while in this regard; pressure has been mounting on the Modi government both domestically and internationally to resolve the dispute of Kashmir with Pakistan.

Notably, Egbert Jahn in his book, “Kashmir: Flashpoint for a Nuclear War or Even a Third World War?” has pointed out, “The Kashmir conflict is embedded in the wider conflict over the incomplete creation of nations and states on the Indian subcontinent, which during the east-west conflict even threatened at times to escalate into a nuclear world war between Pakistan and the USA on the one side and India and the USSR on the other. Until now, there have been three wars between India and Pakistan over the Jammu and Kashmir: in 1947–49, 1965 and 1999… finally, the Indo-Chinese border war of 1962…after these wars…and could unexpectedly again lead to a regional and under certain circumstances…even a major nuclear war or a Third World War.”

We can conclude that every year, the Kashmiris and their brethren in Pakistan, and those living all over the world observe January 5 as the day of remembrance of the pledges of the UNO which had guaranteed the right of self-determination to the Kashmiri people through plebiscite. But, India remains obstinate in violation of the UN resolution.

Sajjad Shaukat writes on international affairs and is author of the book: US vs Islamic Militants, Invisible Balance of Power: Dangerous Shift in International Relations

Email: sajjad_logic@yahoo.com