Opinion | Governance in Pakistan administered Kashmir and Gilgit Baltistan and its effects on its citizens

Protests are happening in Pakistan-administered Kashmir (PaK) because of money problems and rising prices. The protests have turned violent and led to deaths. This shows how Pakistan’s money problems are affecting the people in PAK. The whole of Pakistan is facing similar problems, with high prices and increasing energy costs making life hard for millions of people every day. In recent years, Pakistan’s economy has faced significant challenges. Since May 2022, consumer inflation has consistently exceeded 20%, reaching a high of 38% in May 2023. The surging energy costs have further fuelled inflation, leading to a general increase in prices for goods and services. Consequently, this has presented a growing challenge for ordinary Pakistanis in meeting their basic needs.

The area has been dealing with major economic difficulties worsened by significant trade interruptions. Following the 2019 Pulwama attack, India accused Pakistan of backing terrorism and withdrew its Most Favoured Nation (MFN) status. This resulted in a 200% import duty on Pakistani products, such as dry dates, rock salt, cement, and gypsum. As a result, Pakistan’s exports to India fell from an average of USD 45 million per month in 2018 to only USD 2.5 million per month between March and July 2019. Traders in regions like PaK have been especially impacted by the economic instability caused by the sharp drop in exports to India.

The administration of Gilgit Baltistan, a territory in Pakistan-administered Kashmir, presents a complicated situation. The region is currently governed by the Gilgit Baltistan Order of 2018, which replaced the previous 2009 Order. However, the 2018 Order has encountered various challenges, especially due to its implementation without seeking input from residents and its immunity from changes by the local Legislative Assembly or superior courts of Gilgit Baltistan. A highly debated aspect of the 2018 Order is its definition of citizenship. According to the Order, a resident of Gilgit Baltistan is defined as someone who is a citizen under Pakistan’s Citizenship Act of 1951. This broad definition essentially allows individuals from Pakistan to claim citizenship in Gilgit Baltistan, thereby undermining the rights of the local population. This provision has faced criticism for its adverse effect on the locals, as it enables non-residents to acquire citizenship and thereby gain access to local resources and opportunities. The 2018 Order defines basic rights with a narrow scope. It adopts a security-centered approach, permitting detention without trial for up to three months in specific situations.

Furthermore, Article 25 of the Order gives the state broad powers to determine public interest needs regarding property, often without providing fair compensation. Moreover, Article 64 authorizes the state to acquire property at the expense of the Gilgit Baltistan government, significantly reducing the autonomy of the local government. The 2018 Order in Gilgit Baltistan is causing significant concerns due to the extensive powers granted to the Prime Minister of Pakistan. Article 60(2) of the Order gives the Prime Minister absolute authority to create laws on any issue within the Legislative List. Additionally, Article 60(4) allows the Prime Minister’s laws to override any provisions made by the local Legislative Assembly, essentially reducing the Assembly to a mere formality and depriving it of genuine legislative authority. Furthermore, the Prime Minister’s executive control extends to strategic and nationally important projects in Gilgit Baltistan, often without the involvement of the local government. This centralization of authority is seen as harmful to the socio-economic rights of the region as it excludes the local population from crucial decision-making processes.

The governance of Gilgit Baltistan is further complicated by judicial matters. The 2018 Order cannot be amended by the Legislative Assembly and cannot be legally challenged in the superior courts of Gilgit Baltistan, leading to widespread dissatisfaction. Additionally, key judicial roles, such as the Chief Judge of the Supreme Appellate Court of Gilgit Baltistan, are frequently held by non-locals, worsening the sense of alienation among the local population. Article 75(7) of the Order hinders the appointment of local judges to higher judicial positions, a provision that has sparked considerable criticism. The selection process for judges in Gilgit Baltistan has been controversial, with many arguing that the criteria for serving as a judge in the superior courts are practically unattainable for locals. Consequently, the judiciary is viewed as biased and unaccountable. Provisions in the Order prevent any discussion in the Assembly regarding the conduct of judges, further reinforcing this lack of accountability.

The residents of Azad Jammu and Kashmir (AJK) and Gilgit-Baltistan have been experiencing long-term economic challenges and a lack of basic rights. Unfortunately, this area has become a hotbed for terrorism, with the Pakistani government using it as a platform to carry out terrorist activities against India. The local population struggles with inadequate development, limited infrastructure, and a lack of employment opportunities. The significant presence of the Pakistani army in the region further worsens these issues, using the area for military operations and terrorist training while disregarding the needs of the local people.

Since the partition, AJK has been opposed to Pakistani rule, leading to persistent demonstrations against the government. The region is dealing with serious shortages of essential resources like food, electricity, and medicine. The local population is excluded from government aid programs, and their rights to freedom of speech and expression are severely constrained. These socio-economic grievances have sparked widespread protests and demonstrations against the Pakistani administration.

To tackle these issues, substantial changes are required in the governance and administration of Gilgit Baltistan and PaK. The Gilgit Baltistan Order of 2018 needs significant revisions to empower the local population and ensure their views are taken into account. Below are some primary suggestions:

I believe that the Government of Pakistan should include the Gilgit Baltistan Order of 2018 in the Constitution of Pakistan. This would create a legal framework supporting democratic principles and giving the region a conditional right to self-governance. It’s also vital to revise the citizenship clause to protect the rights of residents and ensure that Pakistan’s Citizenship Act does not apply to Gilgit Baltistan. The definition of a citizen should only apply to residents of the region.

Furthermore, the fundamental rights under the Order should be broadened to ensure that human rights are protected without restrictive conditions. It’s also important to balance the legislative and executive powers of the Prime Minister of Pakistan to ensure local autonomy. Regarding judicial appointments, the criteria for appointing judges to the superior courts of Gilgit Baltistan should be changed to allow locals to qualify. In addition, residents should be involved in all aspects of governance, including formulating laws and policies.

Economically, the government must prioritize the development of PaK and Gilgit Baltistan. This includes focusing on infrastructure, job creation, and providing access to education and healthcare. The development should improve the residents’ quality of life and prioritize protecting property rights. Finally, the fundamental rights outlined in the Order should be expanded to align with international human rights standards, including ensuring freedom of speech, assembly, and association for the people of Gilgit Baltistan.

There are significant challenges in the part of Kashmir controlled by Pakistan and in Gilgit Baltistan. People in these areas are facing economic and social hardships, leading to widespread dissatisfaction and unrest. The residents have been living in poverty, deprived of their basic rights, and facing oppressive rule for a long time. It’s important to make changes to address the issues in the region and ensure that the voices of its people are not just acknowledged but also respected. By taking these steps, the Pakistani government can make meaningful progress in improving the governance of Gilgit Baltistan and PaK, creating a more inclusive and just society for its inhabitants.