I am taking this opportunity
to introduce my country Balawaristan (Pakistan occupied Gilgit Baltistan,
Chitral and Shenaki Kohistan) and enlighten the readers about this region of
great geographic and strategic significance. They are referred to as Northern
Areas/sparsely populated mountainous region etc, in the UN documents, but now
this area has been introduced by one of its name Gilgit Baltistan. Historically
it is known as Brooshaal, Bloristan/Balawaristan and Dardistan. -- Abdul Hamid
Khan
Balawaristan leader’s statement
in 14th Human Rights Council Session Geneva
11th June 2010
I am taking this opportunity to
introduce my country Balawaristan (Pakistan occupied Gilgit Baltistan, Chitral
and Shenaki Kohistan) and enlighten the readers about this region of great
geographic and strategic significance. They are referred to as Northern
Areas/sparsely populated mountainous region etc, in the UN documents, but now
this area has been introduced by one of its name Gilgit Baltistan. Historically
it is known as Brooshaal, Bloristan/Balawaristan and
Dardistan.
The rights of human beings
whether ethnic, culture, economica, political depend on their own democratically
and freely chosen representatives or government.
But in case of Gilgit Baltistan,
this is not the case. Legally as per UNCIP resolutions of 13th Aug 1948 and 5th
Jan 1949, it’s disputed in the same way as in Jammu & Kashmir.
Constitutionally India has included it in its territory but practically it’s
under control of Pakistan.
This is an area of about 100,000
Sq Miles with about 2 million of population. Though it is rich in culture and
resources, it’s also the most deprived and neglected area of the whole Jammu
& Kashmir (J&K) dispute, because of its different and unique ethnical
and cultural background not only in South Asia but also in the whole world. The
people of Indian controlled J&K have their own full fledged Provincial/State
Assembly with more autonomy than other Indian Provinces/States. It also has its
own High Court and Supreme Court and they have the right to appeal in the
Supreme Court of India. State Subject Rule which was introduced by Maharaja of
J&K for J&K and Gilgit Baltistan in 1927, is fully functional in Indian
side of J&K. Both Indian and J&K constitution provides guarantee to the
State Subject Rule and its provincial status.
There is relatively less powers
and authority given to government/civil administrators in Pakistani occupied
Kashmir (PoK), comprises 4000 sq. miles,
has Prime Minster and President who are sub-ordinate of KANA Ministry of Islamabad. But this part of
J&K also have their own High Court and Supreme Court and State Subject is
also functional here. Government of Pakistan has given a separate constitution
to PoK which protects State Subject Rule and its setup to some
extent.
I would like to bring to the
notice of all that Gilgit Baltistan is under direct control of Pakistan but is
not governed by the Pakistani constitution. The region spread over 72,000 sq. miles is totally manipulated by Pakistani regime with its legal and
administrative system. There is no State
or Provincial government and no High Court and Supreme Court. State Subject Rule
is totally violated, which was promulgated to protect the ethnic, cultural and
economic rights of the people of Gilgit Baltistan as is the case in both the
Indian and Pakistan side of J&K. The newly established so-called Gilgit
Baltistan Assembly has no protection of any constitution or law and thus we can
say this is neither legal setup, nor it has powers of Legislation at all. It
should be noted that there is no provision for appeal against death penalty and
no plea to any High court or Supreme court can be made once a verdict is
pronounced against a local person by
Local Pakistani court.
International Covenant on
Economic, Social and Cultural Rights
Adopted and opened for
signature, ratification by General Assembly resolution 2200 A (XXI) of 16th
December 1966. Entry in to force on 3rd January 1976 in accordance with Article
27.
Considering that, in accordance
with the principles proclaimed in the charter of the United Nations, recognition
of the inherent dignity and of the equal and inalienable rights of all members
of the human family is the foundation of freedom, justice and peace in the
world, recognizing that, in accordance
with the Universal Declaration of Human Rights, the ideal of free human
beings enjoying freedom from fear and want can only be achieved if conditions
are created whereby everyone may enjoy his economic, social and cultural rights,
as well as his civil and political rights.
The people of this region do not
know what social rights in UN documents mean. The hospitality of this region was
exemplary and the social character was so high that no other area of the world
could be compared, but this was until 1971.
Late Zulfiqar Ali Bhutto, the then Prime Minister of Pakistan, hatched a
conspiracy to hold its iron grip after 1971 by sending his immoral civil and
Military force, not only to disturb its social behavior but also legal, economic
and ethical values of Gilgit Baltistan in a planned way. Due to Pakistani slow
invasion through state sponsored educational and trade system, the unique
culture and economic independence, besides the high valued social behavior of
this region, has also been disrupted by its Military and civil regime with the
help of its fundamentalist, corrupt nationals and biased media. There is no
reference for local indigenous languages, culture and history in the schools and
colleges and foreign language Urdu and Arabic are taught by force. Pakistani
regime has been providing huge funds to promote their own culture and language
and discourage the unique culture, history and languages of Gilgit Baltistan and
Chitral. Because of the colonial rule of Pakistan, the people of Gilgit
Baltistan are deprived of economic, social and cultural
rights.
This is the region where the
ethnic, social and cultural rights guaranteed by the Universal Declaration of
Human Rights are totally violated. This unhealthy intermingling of extreme cultures are slowly changing our
values as Pakistani regime propagates
hatred and fundamentalism which is totally
contrary to our basic values which teaches us tolerance in all aspects of
life. So in short, our culture and local folklore is under attack by the forced
education system and a biased media with no representation.
Instead of withdrawing its
forces and civil personnel within 3 months according to UNCIP Resolution of 28th
April 1949, Pakistan has multiplied its forces and civi personnel to 1000 times,
which has badly damaged its ethnic and cultural values on the one hand and
bringing down the indigenous people’s economic conditions to the lowest level
despite the presence of huge resources on the other hand.
The presence of Pakistani
forces, its intelligence agencies and armed civilians and violation of State
subject rule has harmed the unique ethnic, cultural and economic values of this
region to the dangerous level.
There is not a single factory in
this part of the world except small businesses for the local people. Trade with
China is also under total control of Pakistani officials and the people of
Gilgit Baltistan whose territory is used for this trade are totally ignored.
There is no opportunity for the indigenous people of Gilgit Baltistan in any
other area, except to join for minor jobs in government departments, which are
totally under control of Military and Pakistani corrupt and biased
officials.
Universal Declaration of Human
Rights
Article 23
1. Everyone has the right to work, to free
choice of employment, to just and
favourable conditions of work and to protection against
unemployment.
2. Everyone, without any discrimination, has
the right to equal pay for equal work.
Everyone in Gilgit Baltistan has
to show his loyalty with Pakistan if he/she wants employment. No one is entitled
to get any job, unless he/she is given clearance certificate by ISI. Even the
people are not given loans from the banks on property mortgage if ISI does not
allow. The locals are given sub-ordinate and low grade employment after the
production of loyalty certificates.
The pay scale of NLI (Northern
Light Infantry) is lower than their counterpart in Pakistan Army. There is no
criteria for the promotion of the soldiers of Gilgit Baltistan and Chitral, who
are always subordinated by Punjabis and Pathans, the Pakistani nationals. In
civil services like Judiciary, Administration, Police, Education and other
departments, Pakistani nationals are always preferred over the local indigenous
people and their pay scale and promotion is always higher, because this is the
Last Colony of 21st Century.
DISCRIMINATION WITH EMPLOYEES
This area is rich in natural
resources like Minerals like high quality Gold, Ruby, Uranium and other precious
and semi precious minerals, Water, Tourism, Forest, KKH, Tax, Custom, Wild Life
and Air Routes etc. Although this area is devoid of economic development as
majority of the population has to migrate to Pakistani cities in search of their
livelihood, because the resources are not in the hands of the local people due
to Pakistani occupation. Nationalists are largely the victims of this political
discrimination systematically practiced by Pakistan in government jobs as well
as other sectors which are apparently operating to mitigate the people’s
economic hardships but in reality running on bank policies of the apartheid,
against the nationalist political activists averse to the written policies of
Pakistan. This apartheid policy does not exist only in government services or
banks but in education, development institution, administration, Police, and
Courts where it is widely practiced. Even such discriminatory practices are
widespread in sanctioning loans, mortgages and seats to the professional
colleges.
Discrimination against local
employees in government departments such as Police, Administration,
Para-Military forces, Education, Health and other departments is rampant. They
are not only harassed but also arrested or dismissed by Pakistan Military and
Civil administration. It has become daily routine. Those indigenous people who
occupy higher but not highest jobs in the region also discrimination in terms of
salaries and promotions too. For example the salary of the Police Soldier in
Pakistan is twenty thousand and Gilgit Baltistan is eight
thousand.
Recruitment in all departments
including Administration, Courts, Police, Education and other Civil and Military
departments are made based on fundamentalist sectarian lines and their sympathy
towards Pakistan. The youth who do not support ISI’s fundamentalist approach and
Pakistani occupation and give reference to the UN resolutions and demand
fundamental Human Rights and Justice are discriminated.
The Civil and Political Rights
given by Universal Declaration of Human Rights is meaningless as far as this
disputed region is concerned. The following UN resolutions are also being
ignored by Pakistan.
The territorial integrity and
sovereignty given by UNSC (in UNCIP Resolutions) was also violated by Pakistan
in giving 2500 Sq. Miles area to China in 1963 and Shhenaki Kohistan and Chitral
was also annexed with its NWFP province (now Khyber Pukhtonkhowa). The
resumption of work in construction of 3 mega dams out of 6 proposed Mega Dams on
this disputed land is also a serious violation of territorial integrity and
sovereignty given by UN in its resolutions.
General Assembly Resolution 1803
(XVII) of 14 December 1962, permanent Sovereignty over Natural
Resources
Recalling its resolutions 523
(VI) of 12 Jan 1952 and 626 (VII) of 21 Dec. 1952,
Bearing in mind its resolution
1314 (XIII) of 12 Dec. 1958, by which it established the Commission on Permanent
Sovereignty over natural resources and
instructed it to conduct a full survey of the status of sovereignty over natural wealth and
resources as a basic constituent of the right to self-determination, with
recommendations, where necessary, for its strengthening, and decided further
that, in the conduct of the full Survey of the status of the permanent
sovereignty of peoples and nations over
their natural wealth and resources, due regard should be paid to the rights and
duties of States under international law and to the importance of encouraging
international co-operation in the economic development of developing
countries,
Pakistan is misusing the funds
of international community for terrorizing the indigenous people and forefront
leaders of Diamar Chilas who oppose the proposed mega dam.
Ambassadors from different
countries like Russia, Italy, Bulgaria, Hungary, Romania, Korea, Bahrain, Iran,
Turkey, Brunei, Tunisia, Jordan, Kenya, Nepal, Afghanistan, Bangladesh,
Philippines and Malaysia were invited to Skardu for Conference on Friday from
14-16 May 2010, to explore the highly valued
natural resources-rich region and specially minerals by the Pakistani
regime without consulting the local indigenous people.
But Gilgit Chambers of Commerce
President Mr. Javed Hussain and Import and Export President Mr. Mohammad Ali
cleared that the local traders have strongly protested against this Pakistani
move, which was aimed to snatch the natural resources by misguiding the
honourable Ambassadors who should have honoured the disputed nature of this land
according to the UNCIP resolutions and Pakistan has no legal stand. The people
do not support investment from foreign countries including Pakistan, unless the
reign is in the hands of local indigenous people.
NOTE :- Pakistani occupants had planned to exploit these
precious gold mines with the help of AUAID and its corrupt PMDC. According to
the agreement of Pakistan with Australia, 74% share would be in favour of AUAID
, 23% for PMDC and the remaining 3% for the Pakistani Administration (Occupants)
i.e Ministry of Kashmir and Northern Areas Affairs (KANA) and the Pakistani
administration based in the Gilgit Baltistan (Balawaristan).As far as the
share to the people of Balawaristan, who
are the actual owners of these mines, nothing is promised.
PACKAGE
Here is a brief outline of
legislation in Gilgit Baltistan to show the world and the
United Nations how deeply they control administration and the regional
population, undermining the very soul of Universal Declaration of Human Rights
that protects socio-economic and cultural values of the indigenous
people.
As per the order of President of
Pakistan (which has not been protected by any law or constitution), Gilgit
Baltistan (GB) shall have a council consisting of the Prime Minister of
Pakistan, the governor selected by the President of Pakistan, six members
nominated by the Prime Minister from amongst the federal ministers and members
of Parliament of Pakistan, the Chief Minister of GB, and six members to be
elected by the assembly in accordance with the system of proportional
representation. And let us not forget the federal minister for Kashmir affairs
and Gilgit-Baltistan who is supposed to act as an ex-officio member of the
council.
The council (composed of 8
Pakistani including Prime Minister and other Ministers and 6 locals (puppets)
selected by Pakistani officials) have
powers over post ,telegraphs, nuclear energy (with the hidden intention
to dump nuclear waste in this region, otherwise what prompted Pakistan to give
the nuclear energy powers to the Council of Gilgit Baltistan, which is disputed
region and have no nuclear plant, or with the future intention to install
nuclear weapons on this disputed land
),designs, copyright, trademarks, aircraft and air navigation regulation etc,
railways (to build railways to supply Chinese items to Europe and Gulf via Gawadar port of Balochistan), matters related
to incorporation and winding up of corporations, education, tourism and amongst
other things, newspapers, books, and printing presses. All the powers rest with
the government of Pakistan firmly even than before. So please see for yourself
what rights and what constitution we have, everything is controlled by Pakistani
regime here from post to media.
On the other hand, there is also
a Legislative Assembly of 33 locally elected representatives from the region
itself. Out of the 33 available seats, 24 (selected by Pakistani regime in rigged elections who support occupation of Pakistan) will be for
those directly elected from the different areas of Gilgit Baltistan, six consist
of reserved seats for women (selected by Pakistanis), and three for technocrats
(selected by Pakistanis). Surprisingly, this Gilgit Baltistan Assembly has the
power to legislate on protection of wild animals, prevention of cruelty to
animals, money lending and money lenders, botanical, zoological and
anthropological surveys, betting and gambling( which is vice totally foreign to
local people), among other things.
In real sense the elected
Assembly has the right to present resolution to the Pakistanis who control the
non-elected Council. The irony is this Legislative Assembly is to present
resolution on animals and have no right to legislate for the interest of the
human beings of this disputed region. This is joke of Pakistan played with the
people of Gilgit Baltistan and this is making fun of
Democracy.
There are other restrictions on
the assembly itself under Article 44 of the order, whereby they cannot discuss
foreign affairs, defence, internal security and financial plans of the area.
Such fraudulent instruments are creating destruction to the social economical
and ethnical rights of the indigenous people.
The presence of Pakistani forces
is posing a grave threat to the life, dignity, fundamental economic, social and
political rights and the very existence of the indigenous people. It may be
called a failure or apathy on the part of the UN that, in spite of the UNSC
guarantee, the territorial integrity and sovereignty of this land is
compromised. UNCIP resolution is being violated by engulfing Shandur, Baboosar,
Kohistan, Chitral and ceding parts of Hunza to China and now in the shape of
Bhasha Dam, Bunji Dam and 5 other mega dams, destroying and submerging a number
of rare monuments, and displacement of the indigenous people, which obviously
changes the demography as well as geography of this disputed colony under
Pakistan. Three people were killed and many were injured by Pakistani regime in
Chilas, when they protested against the forceful occupation of their lands for
Bhasha Diamar dam. It is irony that the socio-economic, cultural, democratic and
fundamental rights and right to freedom for the 2 million people, as guaranteed
by UN according to the Universal Declaration of Human Rights is openly
dishonoured.
The government of Pakistan and
its emissaries always misguide the international community and deny each and
every crime of its regime and intelligent agencies.
Without indigenous control,
local language, culture and social values cannot be protected promised by
Universal Declaration of Human Rights. The people of this region are not made
aware of Civil and Political Rights, due to continued foreign occupation since
16th November 1947.
We appeal to UN and UNHRC to
send special reporters / experts to assess the situation of Gilgit Baltistan, to
ascertain the ground reality and Pakistani official propaganda, and present
unbiased facts which are more disturbing than what has been mentioned here,
because of the limitations and restrictions of UNHRC.
Abdul Hamid
Khan
Chairman
Balawaristan National Front
(BNF)
Head Off: Majini Mahla, Gilgit,
Balawaristan (Pakistan China Occupied Gilgit Baltistan)
www.balawaristan.net, Email:
Balawaristan@gmail.com
Brussels Tele: 0032
22311750
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