DigitallyProtectedDocument.

Friday,December04,2015
SUBJECT:H
ISTORICALPERSPECTIVEOFGILGITBALTISTAN
GovernmentofGilgitBaltistanSecretariatofficeoftheChiefSecretary
notification,dated21stNovember,2015onthetopicdeliveredon24th
Novemberrefers.
1. As the convener of the committee I have the pleasuretosubmitaconsensus
reportpreparedbythemembers.
2. I am also enclosing another document as an adjunct to the main document
reflectingtheviewsoftheconvener.
3. You will also find a useful research paper related to the topic which in my
viewwillbeofimmensehelptothepolicy/decisionmakers.
4. I will use this occasion to refer to the Freedom of Information provisions
ofthelawonthistopic.

REPORTON
HISTORICALPERSPECTIVEOFGILGITBALTISTAN

BY
COMMITTEECONSTITUTEDVIDE
CHIEFSECRETARYGILGITBALTISTANSOFFICEMEMORANDUM
21NOVEMBER2015

THETERMSOFREFERRENCE
CONSOLIDATETHERELEVANTHISTORICALRECORD
ANALYZEANDINTERPRETRELEVANTTREATIES
DELIBERATEONBOUNDRIESTILLNOVEMBER1,1947

COMPOSTIONO
FT HEC
OMMITTEE
Brig.H
isamullahB
egS I[M],B
logger[ HunzaD
evelopmentF orum

Convener

hp://hisamullahbeg.blogspot.com/,w
ithm
anyp
ostso
nt hist opic].
Mr.U
smanA
liP
rofessor( Rered),H
istoriana ndw
riterM
ember
Col.ImazU
lH
aqS I[M],A
uthoro
fa T hesiso
nr elatedt opic
AIG.M
uhammadD
ilP
azeer( Rered),e xperto
nG
BA
airs

Member
Member

Mr.S herB
azA
liB
ercha,H
istorian,w
ritera ndr esearcherM
ember
Mr.Q
asimN
aseem,J ournalista ndw
riterM
ember
Mr.IsraruddinIsrar,c olumnista ndH
umanR
ightsA
cvistM
ember

ii
EXECUTIVES UMMARY
Determinaon of polical and constuonal status of Gilgit Balstan is an important and
sensive naonal issue, having far reaching eects. The same has been kept in a hang on
posion since independence in 1947. As a naonal policy in principle, the future of Gilgit
Balstan has been linked with Kashmir Issue, considering it a partandparcelofformerStateof
Jammu and Kashmir. However, since November I, 1947 Gilgit Balstan is being governed by
Government of Pakistan and since then the region enjoys a special status under Federaon of
Pakistan. This prolonged indecisiveness regarding determinaon of polical status has resulted
intos enseo
fp
olicald
eprivaona ndidentyc risist ot hep
eople,livingh
ere.
The determinaon of polical and constuonal status of Gilgit Balstan is a complex and
muldimensional issue. It involves and demands a thorough study of historical perspecve,
relevant treaes and agreements relevant to the subject, the proceedings and decisions of the
apex Courts of Azad Jammu and Kashmir and Pakistan andthepublicopinion.Anobjecveand
analycal study of all these factors reveals that the issue so far has not been given due
importance and considered in the desired perspecve. With reference to post 1846 history of
Gilgit Balstan a narrow anglehasbeenconsideredwhiledecidingitspolicalstatus.Thepublic
opinion which is the most important aspect in determining the future of naons has been
ignored and the area has been administered through the instrument of bureaucracy. The case
has been tried intheapexcourtsofAzadJammuandKashmirandSupremeCourtofPakistanas
wellb
utw
ithlimitedimpacto
nt hep
arliamentaryr esponsibilitye nshrinedint heC
onstuon.
Supreme Court of Pakistan has le the decision regarding the determinaon of itspolicaland
constuonal status at the disposal of the Parliament and Execuve bodies. This document is
aimed at considering and evaluang all the relevant factors to the subject, to draw realisc
conclusions and recommend viable opons with a view to eliminate the prevailing sense of
polical deprivaon of the people and ensure beer future integraon of Gilgit Balstan with
Pakistan.
It is in this context and manifestaon that the people of Gilgit Balstan have thestrongdesire
of being part of Pakistan. Thestudyndsthat,thoughitmaynotbepossibleforGovernmentof
Pakistan, to take a U turn on its principle stance on the subject and integrate Gilgit Balstanin
its constuonally dened territories, due to its commitments with people of Jammu and
Kashmir, United Naons, India and internaonal community. However, provision of interim

provincialstatus,rightofvoteandduerepresentaonintheConstuentAssembliesofPakistan,
could be the best viable opon to address the issue of identy of crisis and sense of polical
deprivaon,t herebye nsuringb
eerf utureintegraono
fG
ilgitB
alstanw
ithP
akistan.
iii
Index
Serial

Topic_

Page

1. Introducon.................................................................................1
2. Aima ndS equence...2
3. Part1
.R
ecapitulaono
fh
istorya ndr elevantt reaesa nda greements...3
4. Part2
.D
ecisionso
fa pexc ourts
12
5. Part3
. GBB
oundaries16
6. Part4
.P
olicals tatuso
fG
B f uturep
erspecves..18
7. Part5
.C
onclusionsf romh
istory,t reaes,a
greementsa ndC
ourtsd
ecisions22
8. Part6
.R
ecommendaons.25
9. Bibliography26

A
nnexes
A

T reatyo
fL ahore1
846......29

Treatyo
fA
mritsar1
846....32

L easeo
fG
ilgit1
935....34

K
arachiA
greement1
949....35

S inoP
akB
orderA
greement1
963
...37

Leer A
ppointmento
fG
overnoro
fG
ilgitW
azarat40

A
ccessionL eerb
yM
iro
fH
unza,
..41

Accessionleerb
yM
iro
fN
ager.42

Accessionleerb
yM
iro
fN
ager.43

AccessionleerM
iro
fP
uniyal44

CommitteeR
eport
HistoricalP
erspectiveo
fG
ilgitBaltistan

Introduction
1. The accession of GilgitBalstan to Pakistan in 1947 isauniquecaseofitskindinthehistory
of IndoPak Subconnent. Whereas, there was a popular polical movement in the enre
SubConnent, for the freedom from Brish imperialism in general and forcreaonofPakistan
in parcular, no visible mass polical mobilizaon was witnessed in GilgitBalstan, probably
due to remoteness and harshness of the terrain. However, on the eve of independence, the
Muslim troops of Gilgit Scouts, with the assistance of local chieains and volunteers, liberated
28000 square miles of an area, forcing Maharaja of Kashmirs Forces to ee; followed by
uncondionala ccessiont ot heIslamicR
epublico
fP
akistan.
2. Despite of above all, the polical and constuonal status of GilgitBalstan remains in a
doldrums for last six and half decades. As a policy stance, GBs future has been linked with
resoluon of Kashmir Issue, in the light of United Naons resoluons on thesubject.Sequelto
Karachi Agreement of 1949, GilgitBalstan enjoys aspecialstatusunderfederaonofPakistan.
So far the region has been governed through bureaucrac tool and on adhoc arrangements,
through administrave packages and Presidenal Orders issued by Government of Pakistan,
from me to me. The polical concessions through these packages have been in bits and
pieces, yet never wholesome and complete. Apparently, GilgitBalstan has been given an
administrave provincialstatusin2009,yetintheabsenceofrightofvoteandrepresentaonin
the Parliament ofPakistan,itleavesabigquesonmarkregardingcizenryrecognion,polical
rightsa ndt hef ate/ f utureo
f1
.3m
illioninhabitants( 3)o
fG
ilgitBalstan
3.
These hearelt feelings have given birth to identy crisis and sense of polical
deprivaon. Aforesaid in view, it is evident that the policy of delay and status quo has not
succeeded and isunlikelytobearfruitsinforeseeablefuture.Henceweneedtorevisittheissue
and evaluate the opons, so as to choose as to how we can ensure beer integraon of
GilgitBalstan into the main stream polical arena of Pakistan, by determining its polical
status, without compromising on Kashmir stance, before the resentment of the people here
assumesc risisp
roporon.

A
im
4.
To analyze the issue of constuonal and polical status of Gilgit Balstan, keeping in
view its historical background, relevant treaes and agreements and decisions of honorable
courts of jusce, with a view to oer viable recommendaon for beer integraon of GB with
Pakistan.
Sequence
5.T hep
aperisd
esignedt ou
nfoldint hes equencea su
nder:
a.
b.
c.
d.
e.
f.

Part 1
.
Part 2
.
Part 3
.
P
art 4
.
Part 5
.
Part 6
.

R
ecapitulaono
fh
istorya ndr elevantt reaesa nda greements.
Decisionso
fa pexc ourts.
GBB
oundaries
Policals tatuso
fG
B f uturep
erspecves.
Conclusionsf romh
istory,t reaes,a
greementsa ndC
ourtsd
ecisions.
Recommendaons

PART 1

RECAPITULATIONO
FH
ISTORYA
NDR
ELEVANTT REATIESA
NDA
GREEMENTS
Historicalp
erspective
6.
Geographical History. Geographically GilgitBalstan and Chitral are partofCentralAsia
rather than South Asia4, as Karakoram and Hindokush layashedgeinbetweenasCentralAsian
mountain ranges, including Hindukush, Karakoram and Kunlun, converge at Pamir plateau.
Professor Dani (1991) writes that the GilgitBalstanremainedsandwichedbetweenhighpeaks
of Hindukush and Karakoram on North and Western Himalaya on the South. Humanity lived
here in isolaon and cut o from the rest of the world. In the opinion of geologists, it is the
meeng point of connents in collision. Geographically, climacally and biologically, Northern
Areas present primarily a land of Trans Himalayan features i.e. monsoon rain and seasons of
the plain are almost totally absent. Northern Areas also dier from other parts of Himalayan
states,a sitliesw
ithine asya pproacho
fC
hina,India,a ndC
entralA
sia.
7.
Early History. Archeological evidence is not sucient to give a complete accountofthe
pre historic culture of man in this region6. Whatever lile has been found, relates to the late
period and shows a stage of heritage and food collecon in a manner that smacks of primive
life. The enre material evidence for the me being is to limited rock art. However, it is
established that the people of primive age of this area were known as Dardiac People. The
area was ruled by Scythe Parthian, the Kashans, Huns and Potoal Shahis, all belonging to
Central Asia and Chinese regions. From era before Christ to 7th Century AD,Buddhismwasthe
religion,
llIslamr eachedh
erein8
thC
enturyA
D.
8.
M
edievalH
istory. The medieval history of Northern Areas began with the Arab
advance into Central Asia in 8th Century A.D, which pushed the Turkish populaon of
Badakhshan, Wakhan and XingJiang into this part7. Consequently, China moved its forces to
counter advance of Tibetans who had by nowbuiltaStateandsweptacrossBalstanandGilgit
right up to Wakhan. Kashmir played a secondary role at that stage8. The States in Northern
Areas maintained their independence and established varying relaons with thecontemporary
neighboring powers. GilgitBalstan was ruled on monarchic paern by Mirs and Rajas who
werea utonomous.T her ulingf amilieso
fG
ilgitBalstanf romm
edievale rau
pt o1
972w
ere9:
(i)
(ii)
(iii)
(iv)
(v)
(iv)
(v)

TaraK
hand
ynastyinG
ilgit
M
aghlotf amilyinN
agar
A
yashoof amilyinH
unza
K
atorf amilyinC
hitral
K
hushwaqtf amilyinY asina ndM
astuj
B
rushaif amilyinP
uniyal
M
aqponf amilyinS kardu

(vi)
(vii)

A
machasinS higar
YabgusinK
haplu

9.
Kohistan was called as Yaghistan in Brish mes, where their authority was hardly felt.
Balstan, also known as Tibet Khurd, consisted of seven mini States, each having its own
semiindependent Ruler. Balstan was idened as Blorian Tibet. The Maqpoons of Skardu
unied Gilgit Balstan with Chitral , Ladakh specially in the era of Ali Sher Khan Anchan.
Historically and culturally greater part of Kohistan District remained part of Northern Areas. It
was Ruler of Swat who with the consent of Brish Masters, raided andbroughtthisareaunder
its administrave control, as conrmed by Brish leer of 24 Feb 1913. Chitral was separated
from Northern Areas by Colonel Durand in 1895 foradministraveconvenience.ProfessorDani
in preface to his book underreferencewritesthatitisusuallybelievedthattheregionhasbeen
an appendix to Kashmir throughout the history. The account presented here would clarify the
point amply and show in clear terms, how the region had its own independent identy, as
conrmed in a leer No. Y 103/27 dated 12 January 1924, from Resident Kashmir to Col G.P.
Gunter, Director Froner Circles, Survey of India, wherein he writes the territory composed
withinG
ilgitA
gencyw
asd
ividedintot hreec ategories:
( i).

KashmirS tateT erritoryi.e.G

ilgitt ehsil,includingB
unjia ndA
stor.

( ii).

P
olicalD
istrictsi.e.H
unza,N
agar,Puniyal,K
oheG
hizer,Ishkomana ndC
hilas.

( iii).

U
nadministeredA
reas,D
arel,T angir,K
andia,J alkot,S azin,S haala ndH
erbun.

10.
Modern History. Modern history of GilgitBalstan (Dani 1991) is markedbyinvasionof
GilgitBalstan by Sikhs Dynasty of Lahore, followed by Treaty of Lahore and Amritsar, sale of
JammuandKashmirtoMaharajaofKashmirbyBrish,BrishgrowinginterestinGilgitBalstan
to check inially Czarist and later Soviet Communist inuence into this area, leading to
establishment of Gilgit Agency in 1889, lease of Northern Areas in 1935 for 60 years by Brish
from Maharaja of Kashmir, war of independence of GilgitBalstan and events ll to date.
Between 1836 and 1842, the Sikhstakingadvantageoffeudamongstlocalrulers,invadedGilgit
and Skardu. They brought the area under their control but ruled through locally appointed
rulers. In Balstan, Muhammad Shah who was the ousted ruler of Skardu, sought help of
Maharaja of Kashmir against rulers of Skardu. Skardu was brought under control by Wazir
Zorawar Singh (a General of Ranjit Singh) around late 1840. While in case of Gilgit, Raja Karim
Khan, and the ruler of Gilgit, who was ousted by Raja Gohar Aman of Yasin, sought help from
SikhG
overnoro
fK
ashmir
11.
In 1842 Colonel Nathu Shah with a force of 1000 troops pushed out Raja Gohar Aman
from Gilgit. This episode did not lose long and Raja Gohar Aman recaptured Gilgit in 1852 and
Raja Muhammad khan II, the then ruler of Gilgit, again took refuge in Kashmir. By this me

Kashmir had already gone into the hands of Gulab Singh. In 1860MaharajaofKashmirinvaded
Gilgit again and installed Raja Karim Khan, son of Muhammad Khan II as ruler of Gilgit. This
could happen only aer death of Raja Gohar Aman. However on Hunza and Nagar side
Maharaja Forces suered heavy losses and had to retreat. ColonelNathuShahwaskilledinthe
baleagainstHunza.ProfessorDanimenonsthattherewasnopermanentclaimofKashmiron
whole of Northern Areas, from the medieval age. The only region which came in direct
relaonship with Kashmir was Balstan. ItwasonlyWazirZorawarSingh,whoin1840managed
tomeddleinlocalwarofsuccessionandenteredSkardu.Heestablishedamilitaryforcethereto
support his nominee. In 1841 successful uprising against Dogras inBalstanledbyHaiderKhan
Amacha of Shigar, captured the Dogra commander Baghwan Singh in Skardu, The second
conquesto
fD
ograC
ommanderW
azirL akhpatS ingho
ccurredin1
842.
12.
Treaty of Lahore. Refer Annex A. Sequel to defeat of Sikh Rulers of Lahore, Treaty of
Lahore was signed on March 9, 1846 between Sikh Rulers and the Government of Brish India
which reads, The Maharaja cedes to Honorable company in person sovereignty as equivalent
for one crore rupees, all his forts, territories, rights and interest in thehillycountrieswhichare
situatedb
etweent her iverB
iasa ndIndus,includingt hep
rovinceso
fK
ashmira ndH
azara
13. Treaty of Amritsar: Consequent to above transfer, a separate transacon was made
between Brish andMaharajaGulabSingh,theRulerofKashmironMarch16,1846.Arcle1of
the treaty provides, The Brish government transferred to MaharajaGulabSinghandheirs,all
the hilly and mountainous country, with its dependencies situatedtotheEastoftheriverIndus
and Westward of river Ravi, ceded to Brish government in the light of Treaty of Lahore. This
record clearsthefactthatChilas,Hunza,Nagarandotherareastonorthofthesewerenotgiven
to the Maharaja by terms of Treaty of Amritsar. If we strictly interpret the language of Gulab
Nama, even Astor was the only territory under protecon but not an actual territorial part of
Kashmir.Itm
ayb
en
otedt hatt hew
holeK
ohistanlaidt ot heE asto
fR
iverIndusa nd
never formed part of Kashmir; it was Yaghistan (the unruled area).EvenLaddakhandBalstan
were not menoned in the treaty, although the river ows through them. This is
understandable, because these two areas never formed part of Sikh territory. Thus if treaty is
correctly understood in the historical perspecve of the me, its meaning has to be limited to
holding of the Sikhs in Jammu and Kashmir.Anyterritoryacquiredaer1846wasnotgoverned
bythistreaty.ThehistoryclearlyshowsthatthetreatyofAmritsarbywhichKashmirwassoldto
GulabSinghhasnothingtodowithNorthernAreas.ItsrelaonshipwithKashmiristotallybased
on dierent historical base. Gilgit was nally conquered in 1860; Chilas in 1852, Darel in 1856
and annual tributes, (as token of allegiance / subordinaon) were imposed on these people,
unlB
rishA
gencyw
ase stablishedin1
89192

14.
According to Professor Dani, (1991) tribute is never a proof of ownership, rather it is
reverse. Hunza had dual vassalage to both China and Kashmir.ChineseclaimedthatHunzapaid
tribute to their emperor since 1736 while vassalagetoKashmirisrstprovedbyatreatysigned
by Shah Ghazanfar, Mir of Hunza, somemes about 1864. However vassalage was purely
nominal. The annual tribute sent to China by Hunza in 1898 was 15 miskals of golddust,equal
to Rupees 120. State of Kashmirwaspowerlesstocontrolorcoercetheirsocalledvassal.Itwas
only aer war of 1891 that Hunzas subordinate relaons to the Kashmir was eecvely
established by force of arms and recordedSanad(appointmentleer)wasgiveninthenameof
Maharaja to Mir Nazeem Khan of Hunza on eve of his installaon in September 1892. The
tribute paid to Maharaja of Kashmir was, 16 Tola and 5 Masha of gold by Hunza, 17 Tolaand1
Masha of gold by Nagar, 17 Tola and 2 Masha of gold by Darel, Tola and 14 Masha of gold b
Gore.T hisa llh
appenedb
etween1
880sa nd1
890s.
15.
Lease of Gilgit Wizarat1935. Refer Annex C. Owing to growing Brish interests and
Great Game factor (fearofRussianaggression),BrishestablishedGilgitAgencyin1889,todeal
the external aairs with the States. The Agency remainedinthecontroloftheBrish;however,
the civil administraon of GilgitWazaratwasrunbyStateofKashmir.Thispeculiararrangement
created a dual control which was worrying the Brish Polical Agent here. It was to meet this
diculty that Brish aected theleasedealwithMaharajaofKashmir.Maharajawasgivenonly
suzerain status over local rulers but the territory was never recognized asMaharajasterritory.
Aer the lease the Brish Polical Agent became the local head of civil, military and judicial
powers and Kashmir States interference was restricted to obtaining consensus in case of
succession of local rulers or hoisng of States ags at the ocial Headquarters of army and
exploraon of minerals rights were reserved with Maharaja of Kashmir.Theleasewasenforced
for a period of 60 years. It was a fulllment of their aims that Corps of Gilgit Scoutswasraised
asa localf orceo
fleviesin1
889b
yC
olD
urand.
16.
T heE ndo
fB
ritishR
ule.
At the end of WorldWarII,thevictoriousimperialpowers
were not in a posion to connue their rule over colonies as the people had been yearning to
free themselves from the reigns of imperial rules19. GilgitBalstan was a small area not much
known, when seen in the overall context of paron plan. Should the territory be formally
handed over to chieains or to Maharaja was a queson, as formally the area was under the
suzerainty of State of Jammu and Kashmir, although the territory felloutsidetheboundariesof
the State, except the leased area of 1935 Agreement. The ocials forgot that the agreement
was only forGilgitWazaratandnotfortheotherpartsoftheAgency.Mountbaenneverseems
to have consulted Mr. Jinnah or Liaqat Ali Khan on the queson, and wanted to end the lease
and handoverenreareatoMaharajaofKashmir.FinallyonrstAugust1947,GilgitAgencywas
handed over to Maharaja of Kashmir, in a ceremony and Brigadier Ghansara Singh formally
assumedt her esponsibiliesa sG
overnoro
fG
ilgitW
azarat.

17. War of GilgitBaltistan Liberation. GilgitBalstan freedom struggle was an independent

aair, though inuenced by the currents in South Asia but fought separately by its own people
and military men posted there. The Muslim ocers of Kashmir State Forces played a leading
role, yet the struggle was not a part of Kashmir campaign. The State Army Ocers were
certainly movated by an overall Muslim demand in the State of Jammu and Kashmir, yet
because of local geographic factor, their acvity was limited to Northern Areas. Gilgit was a
froner district, just handed over by the Brish and Maharaja had to reestablishtheauthority
both civil and military, in this part. The turningofoldagesuzeraintyintorealpermanentpower
over the local Rulers and people aer the lapse of Brish sovereignty was a big issue. The
MaharajabelievedthatloyaltyoflocalRulerstohimwouldguaranteehisauthoritythere.Hence
he invited Mirs of Hunza, Nagar and Puniyal to Srinagar and they apparently gave their
diplomac loyalty. However, according to Major Brown, Mir of Hunza and Nagar had shown
their inability to prove their loyalty to Maharaja, against the wishes of the public. Although
there was no polical party and polical movement in GilgitBalstan in 1947, lile doubt
existed about public senments in favour of Pakistan. Gilgit Scouts,mostlycomprisingthelocal
tribes was the main force in Gilgit under command of Major Brown, while the 6th Baalion of
Jammu and Kashmir Ries (mix of Muslims andSikhs),andwasatBunji.Priortoindependence,
the Scouts were paid by the Brish Raj, however on the eveofthereturnoftheAgency,rumor
spread that because of the loyalty issues the Scouts may be disband. Moreover, there was a
dierence between payandallowancesandconcessionbetweentroopsofMaharajaForcesand
Gigit Scouts. Brigadier Ghansara Singh on assumpon of the appointmentwishedtoobtainthe
oath of loyalty from Gilgit Scouts, who refused to do sobeforethefulllmentoftheirdemands
ofb
ringingt hef orcesa tp
arw
itht heS tateF orces.
18.
Meanwhile underground planning for coup dtat against Maharaja Forces was under
way, in case Maharaja decidedtojoinIndia.TheplaninroughshapewastoarresttheGovernor
(Brigadier Ghansara Singh) and his administrators in Gilgit by Gilgit Scouts and wipe out Sikh
troops of 6 Jammu and Kashmir Ries staoned at Bunji, conscate weapons and ammunion
from the State Forces and seek help from leaders in Pakistan. According to plan, a squad of
Gilgit Scouts besieged Brigadier Ghansara Singh at his residence on the night of 31 October/1
November 1947 and arrested him. The reinforcement for Gilgit from Bunji and reinforcement
for Bunji from Srinagar through Astor was eecvely checkedbyestablishingblockingposions
on the bridge on River Indus and Astor River. The Dogra and Sikh troops of 6 Jammu and
Kashmir Ries deserted Bunji camp on 3rd November 1947 and the garrison with heavy arms
and ammunion fell without ring a singleshot.Thiswasfollowedbypursuitandconsolidaon
phase. The liberaon force was organized in threegroupslaunchedathreeprongedadvanceas
under.
(i)

TigerF orceu
nderC
olonelM
irzaH
assana dvanceda longa xisB
unji A
stor Z ojilaP
ass.

(ii)
(iii)

(ii) Eskimo Force under CaptainMuhammadShahKhanmovedalongaxisBunjiDeosai

B
urzilDrasKargil
(iii) Ibex Force under Colonel Ehsan Ali advanced along up Stream of Indus River in
SkarduV
alley.

19.
These forces fought courageously despite all the odds of terrain, weather and
organizaonal deciencies and were abletoliberatetheareauptolineZojilaDrasKargilLeh,
by theendofrstquarterof1948.However,Zojila,Dras,KargilandLeh,butwererecapturedby
Indian forces through counter oensive by overwhelming forces. It is worth menoning here
that according to Subedar Major Babar Khan, he sent telegrams to Muslim leaders of Pakistan
soona er1
4thA
ugustb
utn
or eplyw
asr eceived.
20.
Establishment of Provisional Government. Between 1st and 3rd November 1947, a
Provisional Government was formed with Raja Shah Rais Khan as President of the Provisional
Government, Colonel Mirza Hasan Khan as the Head of Military Aairs and Leader of
Revoluonary Movement, Captain Durrani Deputy Leader, Lieutenant Ghulam Haider Polical
Agent, Subedar Major Babar Khan Quarter Master, Raja Sultan Hameed as Police Chief and
Major Brown as advisor. A wireless message was sent to the government of Pakistan to send a
civila dministratora ndt akeo
vert hea dministravec ontrol.
21.
Governance in PostIndependence Era. On the invitaon of Provisional Government,
Sardar Alam Khan, the designated representave of Government ofPakistanlandedinGilgiton
16th November 1947andassumedtheappointmentofPolicalAgent.Later,inpursuancetoan
order of Governor General, dated 6th April 1948, the Polical Resident in North West Froner
Province,basedinPeshawar,wasdirectedtoactasAgenttoGovernorGeneralforGilgitAgency,
including Princely States. Northern Areas were thus placed under the administrave control of
then North West Froner Province. United Naons Resoluon. On 1st January 1948, India
formally referred thecaseofPakistansaggressioninKashmirtoUnitedNaonsSecurityCouncil
(UNSC) under arcle 35 of UnitedNaonsCharter.Consequently,on20thJanuary1948,athree
memberd
elegaonv isiteds ceneo
f
ghng.
22.
On 21 January 1948, United Naons Commission for India and Pakistan (UNCIP),
composedo
f
vem
embersw
ase stablished,w
ithf ollowingm
andate:
a.H
oldingo
fimmediatec ease
reb
yb
othIndiaa ndP
akistan.
b.W
ithdrawalo
fa llt ribesmena ndP
akistanis.
c.R
educono
ff orceslevelb
yIndiao
nr estoraono
fn
ormalcy.
d.T hea dministraono
fp
lebisciteb
yIndia.

23.
Karachi Agreement. Refer Annex D. In March 1949, an agreement was signed by Mr.
Mushtaque Ahmad Gormani, Minister without Porolio Governments of Pakistan, Sardar
Muhammad Ibrahim Khan the President of Azad Jammu and Kashmir and Choudhry Ghulam
AbbasheadofAllJammuandKashmirMuslimConference,inwhich,maersrelangtoKashmir
aairsw
ereb
roadlyd
istributeda su
nder:
i. Matters in Purview of Government of Pakistan. Maers included, defense, foreign
aairs, dealing with United Naons Commission for India and Pakistan, relief and
rehabilitaon of refugees and governance aairs / administrave control of
GilgitBalstan. This agreement further enhanced the legimacy of control of
GilgitBalstanb
yG
overnmento
fP
akistan.
ii. Matters in Purview of Government of Azad Jammu and Kashmir. Responsible for
internal management and administraon of Azad Jammu and Kashmir and rendering
advice to Government of Pakistan about United Naons Commission for India and
Pakistan.
24.
Transfer to Ministry of Kashmir Affairs. In 1950, the control of Northern Areas was
transferred from North West Froners Province, to Ministry of Kashmir Aairs through
appointment of a Polical Resident. This arrangement connued ll 1952 when the Joint
Secretary Kashmir Aairs was entrusted with the addional charge of the post of Resident of
NorthernA
reas.
2
5.
SinoPak Border Agreement 1963. Annex E. While demarcang the boarder, both the
pares agreed that aer the selementoftheKashmirdisputebetweenPakistanandIndia,the
sovereign authority concerned will reopen negoaons with the Government of the Peoples
Republic of ChinaontheboundaryissueasdescribedinArcle2oftheagreement,soastosign
a formal boundary treaty, to replace the present agreement. In the event of the sovereign
authority being Pakistan, the provisions of thepresentagreementandoftheaforesaidprotocol
shallb
em
aintainedint hef ormalb
oundaryt reaty.
26. Baltistan Agency. Assistant polical agent was appointed in Balstan under Pakistans
administrave control in February 1948. It was upgraded as sub agency andaddionalpolical
agent was appointed here in September 1949. In 1964, Balstanwasupgradedtothelevelofa
fulledge Agency and a Polical Agent was appointed there. Both the Polical Agencies in the
GilgitBalstan were supervised by the Resident from Islamabad. In 1967 another change was
made and a separate post of Resident for Northern Areas was created withitsHeadquartersin
Gilgit. The Residentcombinedallthepowersasheadofthelocaladministraon,HighCourtand
Commissioner Revenue under Froners Crimes Regulaons. While in case of States, the Mirs
enjoyed autonomous status, exercising execuve, judicial and legislave powers imposed

through Jirga System. In 1969, a Northern Areas Advisory Council (NAAC) was created but the
samew
asd
evoido
fd
ecisionmakingp
owersa ndw
ass ubordinatet ot heR
esident.
27.
Northern Area Council. In 1970 Northern Areas Council consisng of16memberswith
powers to sancon development schemes was formed. In August 1972 President Z.A. Bhuo
ordered various fundamental and far reaching reforms which included abolion of Jagirdari
System, i.e. the instuon of Mir and Agency system, converng GilgitBalstan into Polical
districts, instead of Agency. In December 1972 DiamerDistrictandinSeptember1974Ghanche
and Ghizer districts were created. A denite step was taken in 1973 when promise was made
that within 10 years me the region will be constutedintoaprovincewithitsownLegislave
Assembly. However the promise remained unfullled .During General Zias Marallawof1977,
Gilgit Balstan was declaredasMaralLawZoneE.In1985appointmentofAdvisortoMinister
of Kashmir Aairs was created and later in 1988 the appointment was upgraded as Advisor to
Prime Minister for Northern Areas. General Zia is also reported to have ordered concerned
Ministries to take necessary steps so as to ensure the representaon of GilgitBalstan in the
Parliament in next coming elecons in 1985. However, probably due to strong bureaucrac
opposion, the same was shelved. General Zia is also reported to have said in his statements
andinterviewst hatN
orthernA
reash
aven
othingt od
ow
ithK
ashmirIssue.
28.
Legal Framework Order (LFO) 1994. According to this package the powers of elected
representaves were enhanced and slots ofiniallyChairmanandViceChairmanoftheCouncil
created and later redesignated as Chief Execuve and Deputy Chief Execuve. The Council
comprised of 24 directly electedmembers.TheFederalMinsterofKashmirAairsandNorthern
Areas, was to act as Chief Execuve of the Council while Deputy Chief Execuve was to be
locally elected member. The fundamental rights as given in 1973 Constuon of Pakistan were
made part of LFO. The Council was empowered to enact laws on 49 subjects. Four seats for
women and six seats for technocrats, besides slots of Speaker and Deputy Speaker and ve
advisors,w
asa lsoa ddedt hrougha mendments.
29. Legal Frame Work Order 2007. Introduced on 15 December 2007, the Northern Areas
Legislave Council was redesignated as Northern Areas Legislave Assembly; vested with few
more powers. The appellate Court was redesignated as Supreme Appellate Court. The Chief
Court andSupremeAppellateCourtwerebroughtatparwithSupremeCourtandHighCourtsin
Pakistan intermsofperksandprivileges.Thesalientfeaturesofthepackagewere,DeputyChief
Execuve would henceforth be called the Chief Execuve, with full administrave andnancial
authority and the exisng Chief Execuve (a federal minister) would be the Chairman of the
Northern Areas Government. The Chief Execuve would be elected by the new assembly.
Administrave and nancial powers of the Ministry of Kashmir Aairs and Northern Areas
wouldb
et ransferredt ot heN
orthernA
reasG
overnment.

30. GilgitBaltistan Empowerment and Self Governance Order, 2009. The GilgitBalstan
(Empowerment and SelfGovernance) Order 2009, aimed at introducing farreaching
administrave, polical, nancial andjudicialreforms,hasbeenenacted.Thesalientfeaturesof
theo
rdera re:
Then
ameo
ft heN
orthernA
reaso
fP
akistanw
ouldb
eG
ilgitBalstan.
GilgitBalstan will have an elected legislave assembly, which would elect the Chief
Minister while a Governor, to be appointed by thePresident,ontheadviceofthePrime
Minister.
The Chief Minister, assisted by six ministers and two advisers will form Cabinet and
funcona se xecuveb
ody.
The Legislave Assembly would have 24 members, who would be elected directly,
besides six women and three technocrats seats. It would have powers tomakelawson
61s ubjects.
Establishment of 16 members GilgitBalstan Council, (as upper house) with Prime
Minister as its Chairman, Governor as vice chairman, Chief Minister GB and minister of
ministry of Kashmir aairs and GB as exocio members, 6 members are elected by
GilgitBalstan Legislave Assembly and 6 nomineesbyPrimeMinisterofPakistan,from
parliamento
fP
akistana ndc abineto
ff ederalG
ovt.
GilgitBalstan will have Consolidated Fund and the annual budget would be presented
to the assembly and voted upon as per pracce in vogue in other provinces in the
country.
GilgitBalstan will have own its Public Service Commission, the Chief Elecon
Commissionera ndt heA
uditorG
eneral.
Judicial Reforms. A Chief Judge of the Supreme Appellate Courtwouldbeappointedby
the Chairman oftheCouncilontheadviceoftheGovernor.ChiefJudgeandotherjudges
of Chief Court shall be appointed by the Chairman on the advice of the Governor, aer
seeking views of the Chief Judge. The number of judges would be increased fromthree
to
ve.

PART 2

DECISIONSO
FA
PEXC
OURTS
31.
Azad Jammu and Kashmir HighCourtRuling.Inacaseledin1990inAzadJammuand
Kashmir High Court by peoners, Malik Muhammad Miskeen and Haji Amir Jan, residents of
District Diamer, GilgitBalstan, the Court headed by Chief Jusce Abdul Majeed Mallick, ruled
Azad Kashmir Government to immediately assume the administrave control of the Northern
Areas and to annex it within its administraon, creang administrave and judicial machinery
and provide due representaon to people of GilgitBalstan in the legislave assembly and
council of Azad Kashmir. The decision was based on the historical evidence, i.e. pacts and
treaes between Brish and Sikhs Rulers of Lahore 1846, Treaty of Amritsar 1846 andLeaseof
Gilgit 1935, Karachi Agreement 1949, SinoPak Border Agreement 1963 and resoluons of
UnitedN
aonsC
ommissionf orIndiaa ndP
akistan.
32.
Arguments in Support of the Decision. Following arguments and evidences were
consideredins upporto
ft hed
ecision:
i. Northern Areas formed part of the State of Jammu and Kashmir prior to 15 August
1947, as State was administravely divided into Jammu, Kashmir, Laddakh and Gilgit
provinces.
ii. Gilgit province was leased out for 60 years by MaharajaofKashmirtoGovernmentof
Brish India through a lease deed executed on 26 March 1935. However, on 1stAugust
1947, these areas wererestoredtoStateofJammuandKashmir,andBrigadierGhansara
Singhw
asa ppointeda sA
dministratorf orG
ilgitBalstanb
yt heM
aharajao
fK
ashmir.
iii. Aer liberaon of Northern Areas, an agreement was entered betweenGovernment
of Pakistan, Azad Kashmir government and All Jammu and Kashmir Muslim Conference
on April 28, 1949 (Karachi Agreement), wherein certain funcons were distributed and
administravec ontrolo
fN
orthernA
reasw
ase ntrustedt oG
overnmento
fP
akistan.
iv. The said agreement lapsed onenforcementofAzadJammuandKashmirGovernment
Act 170,subsequentlysubstutedbyAzadJammuAndKashmirInterimConstuonAct,
1974. Hence the administrave control of Northern Areas should havebeenrestoredto
AzadJ ammua ndK
ashmirG
overnmentb
yp
unga ne ndt oK
arachiA
greemento
f1
949.
v. The geographical status of Northern Areas, being an integral part of Jammu and
Kashmir State, as existed on 15th August 1947, has been acknowledged in United

Naons Resoluons, SinoPak Border Agreement of 1963, and Simla Agreement 1972,
betweenIndiaa ndP
akistan.
vi. As per 1956, 1962 and 1973 Constuons of Pakistan, GilgitBalstan did not forms
parto
ft erritoriesincludedinP
akistan,
vii. In view of the strategic importance of the area,anagreementwasaectedbetween
State of Jammu and Kashmir and Brish India in 1877, accordingly a Brish Polical
Agent was appointedthereandtheprincelyStatesofGilgit,Hunza,Nagar,Puniyal,Yasin,
KoheGhizer,Ishkomana ndC
hilasw
erep
arto
ft hea greement.
viii. As per census report of Brish India held in 1911, 1921, 1931, and 1941, Northern
Areasw
eres hownp
arto
fJ ammua ndK
ashmir.
ix. The record of selement carried out in 1925, also shows Northern Areas as part of
Jammua ndK
ashmirS tate.
x. Even during the leased period, the ag of Jammu and Kashmir remained hoisted in
Gilgit; the right of exploraon of minerals was vested with Maharaja of Kashmir. The
Mirs of the princely state wereawardedappointmentleerbyMaharajaofKashmirand
ther ulero
fp
rincelyS tatesp
aida nnualt ributet oM
aharajao
fK
ashmir.
xi. As per mapsissuedbysurveyofPakistanin1954andthereaer,NorthernAreashave
beens howna sa p
arto
fJ ammua ndK
ashmir.
xii. In response to protest launched by India against SinoPak Border Treatyin1963,Mr.
Zulqar Ali Bhuo, thethenForeignMinisterofPakistan,clearlystatedthattheterritory
of Jammu and Kashmir belonged to its people, future of which must be decided in
accordance with United Naons Resoluons of 13 August1948and5January1949,i.e.,
through imparal plebiscite under the auspices of the United Naons. The Boundary
Agreement between China and Pakistan does not aect the status of the territory of
Jammua ndK
ashmir.
xiii. The President of Azad Jammu and Kashmir, vide their leer number, PS400/9 of
March 17, 1989,addressedtothePresidentofPakistanhadamplyclariedthehistorical
posiono
fN
orthernA
reas.

xiv. In accordance with Treaty of Lahore 1946 between Government of Brish Indiaand
Sikh Rulers and Treaty of Amritsar March 16, 1846, signed between Brish India and
MaharajaG
ulabS ingh,N
orthernA
reasf ormedp
arto
fs tateo
fJ ammua ndK
ashmir.
xv. Sir Muhammad Zafar ullah Khan, the then ForeignMinisterofPakistan,inhisspeech
made in Security Council on January 16, 1948, described the posion of the state,
including Gilgit as, Gilgit which is the highmountainregionintheNorthWest,apartof
which border USSR, is enrely Muslim, amply prove thatNorthernAreasformedpartof
Stateo
fJ ammua ndK
ashmir.
xvi. Secon 7(i) (b) of the Independence Act 1947, being relevant to point under
consideraon is reproduced as follow, Asfromtheappointedday,thesuzeraintyofHis
Majesty (Brish ) over the Indian States shall lapse and with it all treaes and
agreements in force at the date of the passing of this Act between his Majesty and the
rulers ofIndianStates,allfunconexercisablebyhisMajestyatthatdatewithrespectto
Indian States, all obligaons of his Majesty at that date towards Indian States or the
rulers there of and all powers, rights, authority or jurisdicon, exercised by his Majesty
att hatd
ate,ino
r,inr elaont oIndians tatesb
yt reatyg rant,u
sageo
ro
therwise.
xvii. Vide Jammu and Kashmir State, Chief Secretariat Polical Order No B. 480/47P. B
dated 17th July 1947; the administraon of enre Gilgit Wazarat was taken over by
Maharajasa ppointedG
overnoro
n1
stA
ugust1
947.
xviii. The Mirs (rulers) were granted Sanad (Nominaon / appointment leer) by to
Maharajao
fK
ashmir.
33.

Arguments against the Decision. The proceedings and the decision of the High Court,
howeverc ompletelyignoredf ollowinga spects:
i.T heh
istoryo
fG
ilgitBalstanp
riort oy ear1840h
asb
eenc ompletelyignored.
ii. Many historical events aer the year 1846 have not been menoned and those
menonedh
aven
otb
eenc orrectlye valuatedinc orrectp
erspecve.
iii. The diversies emanang from customs, tradions, culture and caste have not been
recognized.
iv. The geographical realies and hardships imposed by the terrain are ignored, i.e. the
tradional passes between GilgitBalstan remained blocked for beer half of the year
duet oh
eavys now.

v. As the nave populaon of GB is the ulmate custodian of the territory they belong
to, the choice and willofthepeopleofGilgitBalstanhasbeencompletelyignored.The
proceeding does not quote even a single evidence, wherein the people or ruler of
GilgitBalstan had opted for State of Jammu and Kashmir or Azad Jammu and Kashmir
aer 1947, Rather incidents have been quoted through Brigadier Ghansara Singh and
Major W.A. Brown the thenCommandantofGilgitScoutsin1947,thatMirofHunzaand
Nagarh
adc learlys oundedt oM
aharaja,t hatt heyw
illo
ptf orP
akistan.
vi. Karachi Agreement of 1949 was signed between Government of Pakistan,
Government of Azad Jammu and Kashmir and All Jammu and Kashmir Muslim
Conference,w
ithn
or epresentaonf romG
ilgitBalstan.
vii. Aer liberang GilgitBalstan in 1947, theRevoluonaryCommandCouncilofGilgit
had opted for Pakistan and not for Azad Jammu and Kashmir, asking Government of
Pakistan to take the area in its administrave control. Even during SinoPak Border
Agreemento
f1
963,n
oc onsensuso
fG
ilgitBalstanw
aso
btained.
3
4.
Azad Jammu and Kashmir Supreme Courts Ruling. The decision of AJKhighcourtwas
challenged by Federaon of Pakistan in the Supreme Court of Azad Jammu And Kashmir. The
decision of the Supreme Court was that, although GilgitBalstan was part of Jammu and
Kashmir State, but is not a part of Azad Kashmir. Thus High Court of Azad Kashmirgovernment
did not have jurisdicon to aend the plea or pass on judgment. The judgment of the High
Courtw
ast husn
otu
pheld;ino
therw
ordst urnedd
own.
35.
Supreme Court of Pakistan Ruling. In 1999, the Supreme Court of Pakistan, in a
landmarkcaseNo17,ledin1994,tled,AlJehadTrustversusFederaonofPakistan,heldthat
the locaon of Northern Areas is sensive due toitsproximitytoIndia,China,TibetandRussia.
In past the area has been treated dierently; hence the Court cannot dictate type of
Government, nor can suggest representaon in the Parliament. It may not be in larger interest
of the Country because of oponofplebisciteunderUnitedNaons.Theabovequesonhasto
be decided by the Parliament and Execuve. Hence the court clearly said in its decision since
most of the Pakistan statutes have been made applicable tonorthernareaincludingcizenship
act as stated above, we are of the view, that thepeoplenorthernareasarecizensofPakistan,
for all intents and purposes. The Court at best can direct that proper administrave and
legislave steps be taken with reference to basic rights. Government of Pakistan to iniate
appropriate administrave and legislave measures within a period of six months, to make
necessary amendments in the constuon, relevant, statutes, orders, rules andnocaonsto
ensure that the people of Northern Areas enjoy their fundamental rights and are governed
through their chosen representaves and to have access to jusce through an independent
judiciary,f ore nforcemento
ft heirf undamentalr ightsg uaranteedu
ndert heC
onstuon.

PART 3

GBB
OUNDARIES
36. Diamer K
PKB
oundary
Historically and culturally greater part of the Kohistan district is a part of Gilgit Balstan. It
was considered so unl late in the beginning of the present century, when the ruler of
Sowat, probably with the connivance of the Brish master, raided right up to the western
bank oftheIndusandadvancedeventoKandiavalleyinordertoestablishhisadministrave
control over the region. Even then the part, east of the Indus remained YAGISTAN
(Unadministered area). This is conrmed by the following leer No 381 of 1913 fromS.M.
Fraser, Resident in Kashmir to Lt Col. Sir George Roosekeppel, chief commissioner of
Peshawar,d
ated2
4thF ebruary,1
913.
. The Jalkoes, as you are aware, are a Kohistan tribe occupying a valley on the Indus of
the south west of Chilas and west of Kaghan in the Hazara district. Their country is
independent territory but their polical relaons, so far as such relaons exists, have been
mainly with Gilgit agency further I think it will be agreed that since Jalkot falls naturally
with in the sphere of the Gilgit agency, by reasons of geographical posion, race, language
and inter communicaons, it is polically expedient for the iniave to lie with Chilas
authories.
37. This posion is further conrmed in leer no Y 103/27, dated 12th January, 1928 from
resident in Kashmir to col. C.P. Gunter, director of froner circle survey of India, where in
he writes: The territory comprised with in the Gilgit agency falls into three
categoriesviz.
1. Kashmir state territory, i.e. Gilgit Wazarat, comprising Gilgit tehsil (Including Bunji)
withitsn
iabato
fA
store.
2. The polical districts, i.e. Hunza, Nagar, Punial, Yaseen, Koh e Ghizer, Ishkoman and
republico
fC
hilas.
3. Unadministered area, i.e. Darel , Tangir, Kandia (Killi), Jalkot, Sazeen, Shaal and
Hurban.
38. This posion remained unl 1947 and even laer in 1950, when with the constuon of
Kohistan district the area was separated from Gilgit agency. Even today Thakot Bridge on
theIndus,b
uildb
yt heC
hinese,M
arksa g atew
ayt oK
arakorumH
ighW
ay.( Danni,1
991).
39. GhizerC
hitralB
oundary.
As a result of the Brish froner policy and their
movaon to demarcate the boundary line made the Brish to intervene in the local
polics of Chitral. This intenon is clearly stated inleeroftheforeigndepartment,Govt.
of India dated 19th October 1892 to secretary of state forIndia.Inanotherleerno161it
is recommended The charge of Chitral up to theShandurandDarkutpassesmaynowbe
convenientlyseparatedfromtheGilgitagencythisrecommendaonwasfullledwiththe

establishment of Malakand Agency, when the aairs of Chitral were nally transferred to
this agency. Since that me Chitral has been linked to froner and Koh e Ghizer up to
Shandurp
assb
ecamet heb
oundaryo
fG
ilgita gencyo
nt hiss ide.( Danni1
991).
40. PakC
hinaB
oundary._ Professor Dani states that the adjustment of Northern boundary
(boundary of State of Hunza with China and Russia) was result of AngloRussian rivalry in
19th Century for dening the boundaries to inuence Hindokush region South of Pamir.
Resultantly AngloRussian Commission granted Wakhan corridor and Pamir, part of
domain of Mir of Hunza, to Afghanistan in order to create a neutral ground and buer
zone between Russian Empire and Brish India. In return Mir of Hunza was oered two
villages near Gilgit, namely Matumdas and Oshkhandas. The same gets authencaon
from Memoires of Sir Muhammad Nazim Khan 13, the ruler of Hunza state from 1892
1938, who menons that Brish and Maharaja, both feared from Hunza ll they ousted
Mir Safdar Khan by aggression in 1891 and forced him to have an exiled lifeinChina.The
presentb
oundaryisc onsequentt oP
akChinaB
orderA
greement1
963.

PART 4

POLITICALS TATUSO
FG
B F UTUREP
ERSPECTIVES
FutureP
erspectivesf orI ntegrationo
fG
ilgitBaltistanw
ithP
akistan.
40.
The GilgitBalstan (Empowerment and Self Governance) Order 2009, in thelightofthe
decision of Supreme Court of Pakistan, is a fairly comprehensive package.Anobjecveanalysis
of Supreme Courts judgment reveals that the decision had two main parts, i.e. the decision
regarding the future of the GilgitBalstan, to be decided by the Parliament/Execuve and
restoraon offundamentalrightsofthepeopleofGilgitBalstan,includingrulethroughchosen
representaves and access to independent judiciary. Whereas the second poron of Supreme
Courts decision i.e. selfgovernance and independent judiciary has been fullled through
enforcement of above menoned Presidenal Order, the rst poron of the decision, i.e. the
maer of representaon to GilgitBalstan, in the Parliament of Pakistan to be decided by the
Parliament/Execuve, is yet to be decided. As the integraon of GilgitBalstan with Pakistan
has been a desire and demandofthepeoplesince1947,followingoponsemergewithrespect
tod
ecidingitsf uture.
41.

Option 1. Present Status with Addition of InterimRepresentationintheParliamentof

Pakistan. Under the provisions of the GilgitBalstan (Empowerment and Self
Governance) Order, 2009, a special status, akin to that of provincial
administrave/organizaonal structure in other provinces, is already inplace.Theoce
of the Governor, Chief Minister, Ministers, the Legislave Assembly, the Chief Court,
oce of Auditor General, Elecon Commissioner and Public Service Commissionetc,all
are in line with the infrastructure exisng in other four provinces of Pakistan. The
GilgitBalstan Council, an amalgamaon of the members from GilgitBalstan and
Parliament of Pakistan and Prime Minister of Pakistan, as its Chairman, to some extent
symbolizes interacon of representave ofGilgitBalstanwiththoseofPakistan,buton
subjects dealing with GilgitBalstan only. At the moment there is noworthwhileforum
where the elected representaves from GilgitBalstan can air out their thoughts and
views and parcipate in aairs of naonal interest. Hence, the exisng setup can be
augmented with interim or provisional provincial status and representaon in the
parliament of Pakistan. This will require amendment in 1973 Constuon, providing
GilgitBalstan interim provincial status. Though this opon may draw cricismandhue
and cry from India, Kashmiri leadership, but the acon can be jused and legalized
adding only one word interim or provisional, which is covered under Karachi
Agreement 1949. In this opon the rao of representaon in Naonal Assembly and
Senatec ouldb
ea su
nder:

a.

Advantages
i) The sense of polical deprivaon of the people of GilgitBalstan, with regards to
identy and representaon, will be addressed and the future of GilgitBalstan will be
determineda sp
ert heirw
ishes.
ii) The opon ensures beer integraon of GilgitBalstan withthemainstreampolical
systemo
fP
akistan.
iii) Kashmiri leadership, India and United Naons can be sased, as it will be
interim/provisional status, i.e. retaining the disputed status of GilgitBalstan as part
ofJ ammua ndK
ashmir.
iv) India and United Naons can be reminded that as per Indian Constuon, the State
of Jammu and Kashmir including Laddakh has been is includedintheirterritorywithout
resorng to plebiscite and they have been given representaon in the Parliament of
India. Why Pakistan can do so in case of GilgitBalstan. Another, logic is that India has
given Laddakh region a special autonomous status although it is a part of disputed
Jammua ndK
ashmir.
v) As the selement of Kashmir issue, as per UN resoluons appear to be a dicult
proposion in near future, relief could be provided to people of GilgitBalstan, yet
retaining the exibility of use of vote of GilgitBalstan in favor of Pakistan in case of a
plebiscite.
vi) If Pakistan at some stage feels that the status quo is the future of Kashmir issue,
thiso
ponw
oulds erveb
eert heinteresto
fP
akistan.
vii) In case the plebiscite in which third opon (independent state of Jammu and
Kashmir)isp
roposed,t hep
eopleo
fG
ilgitBalstanw
ills llv otef orP
akistan.
viii)T heo
ponsr equirem
inimumo
rganizaonala nds tructuralc hanges.
ix)T heu
prisingn
aonalistm
ovementa ndc entrifugalt endenciesw
illb
ed
efeated.
x) The opon has over whelming support of the people of GilgitBalstan as evident
fromt hef eedbacko
btainedt hrought heq
uesonnaire.

b.

Disadvantages
i) The pro Pakistani Kashmiri polical leadership on the both sides of the line ofcontrol
may not like it. They term it a step amounng to weakening Pakistans original stance
withr espectt oK
ashmirissue.

ii) It can be termed a step towards recognion of statusquo,whichismoreofanIndian

desire.iii) The polical status of GilgitBalstan yet remains in ux and hang on and the
originald
esire/demando
ft hep
eoplef ora ccessiont oP
akistanisn
ota ddressed.
iv) As the public opinion keeps on changing, this move may become counterproducve
andm
ayignites upportf orindependentG
ilgitBalstan.
42.

Option2
.
Ending Karachi Agreement and Merging GilgitBaltistan With Azad
Jammua ndK
ashmir.

a.

Advantages
i) Supplements Pakistans principalstanceregardingresoluonofKashmirissuethrough
plebiscite,a sp
erU
Nr esoluons.
ii)P
olicalleadershipo
nb
oths ideso
fL ineo
fC
ontrolw
illw
elcomet hiss tep.
iii) The people of GilgitBalstan, belonging to Kashmiri caste and possibly some
percentageo
fp
eoplef romD
iamera ndA
stord
istrictm
ayw
elcomet hiss tep.

b.

Disadvantages
i.T hes enseo
fp
olicald
eprivaono
fp
eopleo
fG
ilgitBalstanw
illincrease.
ii. Will have shocking eect for the majority of the people of GilgitBalstan, whose
forefatherso
ptedf orP
akistanin1
947.
iii. The nonSunnisectsi.e.Shia,IsmailiandNoorbaksh,whoform75%ofthepopulaon
ofG
ilgitBalstan,w
illd
enitelyr esistit.
iv.N
aonalista ndp
roindependencet rendsw
illb
ee ncouraged.
v.Indiass tancea boutG
ilgitBalstanw
illb
eu
nderstooda ndjused.
vi. The policalleadershipofAzadJammuandKashmirwilldominateandGilgitBalstan
willb
ecomea m
inorityinA
zadJ ammua ndK
ashmirA
ssembly
vii. The distances and communicaon problems with Azad Jammu and Kashmir will
createm
oreg overnancea nda dministraveb
olen
ecks.

43.

O
ption3
._

a.

A
dvantages

ProvidingS tatusA
kinT oA
zadJ ammua ndK
ashmir

i. The issues relang to selfgovernance and internal autonomy willbebeeraddressed

as GilgitBalstan will aain status of state akin to that of Azad Jammu and Kashmir
having own interim Constuon, ag, President, Prime Minister, the Assembly and
judicialinfrastructure.
ii. Minimum organizaonal and structural changes will be required, as exisng
infrastructure is almost on thesimilarlinesexceptthechangeofnames/appointments,
i.e.P
residenta ndp
rimeM
inisterinsteado
fG
overnora ndC
hiefM
inister.
b.

D
isadvantages
i. The basic demand of the people, i.e. integraon with Pakistan would remain un
addressed.
ii.N
ointegraonw
itht hem
ainn
aonalp
olicals ystemo
fP
akistan.
iii. A State for 1.2 million people of GilgitBalstan may not be a viable administrave
and
nancialo
pon.
iv.A
utonomousS tates tatush
asn
everb
eena d
emando
fp
eopleo
fG
ilgitBalstan.
v. The pro Pakistani Kashmiri leadership on both sides of line of control will bierly
opposeit.
vi.Indiaw
illm
akea loto
fh
uea ndc ry.
vii.Itw
illb
ed
icultf orP
akistant ojusfyitsp
rinciples tanceinU
N.
viii.N
aonalistp
aress trivingf ora utonomousS tatew
illb
ee ncouraged.
ix. The opon has received halearted response as per the feedback received through
quesonnaire.

PART 5

CONCLUSIONSF ROMH
ISTORY,T
REATIES,A
GREEMENTSA
NDC
OURTSD
ECISIONS
44.

Conclusionsf romH
istoricalP
erspective
i. The ancient history of GilgitBalstan is not much in recorded form. In era BC, the
region wasruledbyimperialpowersfromCentralAsiaandChina.Howevermedievalage
is signied by rule of selected local dynases in respecve valleys, which connued ll
independencein1
947a nde vent hereaer.
ii. The Brish interest in this regiongrewinthelaerhalfof19thCentury,inviewofthe
threatp
osedt oB
rishIndiab
yC
zaristR
ussia.
iii. Sequel to the treaty of Amritsar in 1846,theMaharajaofKashmirenjoyedasuzerain
status over Rulers of GilgitBalstan. The Maharajas defactoruleinnowayjusesthe
claimo
fM
aharajao
fK
ashmiro
verG
ilgitBalstan.
iv. On the eve of independence in 1947, the Brish handed over Gilgit Balstan to
Maharaja of Kashmir in the light of the 1935 Lease Agreement, disregarding popular
senments of local inhabitants, which was not acceptable tothemasses.Thisledtothe
waro
fliberaono
fG
ilgitBalstaninN
ovember1
947a nditsa ccessiont oP
akistan.
v. The governance arrangements and administrave reforms in postindependence
period have remained far below the expectaons of the people. From Froners Crimes
Regulaons to Presidenal Order 2009, the concessions andreliefhasbeengradualand
inb
itsa ndp
ieces,y etn
otc omplete.
vi. GilgitBalstan Empowerment and Self Governance Order 2009, is a comprehensive
package from administrave and governance point of view, yet the package does not
ensurec onstuonalintegraono
fG
ilgitBalstanw
ithP
akistan.
vii. The unresolved polical status of GilgitBalstan for last six and half decades and
linking it with Kashmir Issue has resulted into sense of polical deprivaon in the
masses.
viii. The public opinion of people of GilgitBalstan has neither been obtained nor a
consensus has been developed to resolve the issues regarding determinaon of its
polical status and cizenry rights, rather the area so far has been governed through
bureaucract ool.

ix. Besides undetermined polical status, sectarian divide, poor communicaon

infrastructure, economic inacvity and nonexploitaon of its natural resources remain
majorg overnanceissuesf acedb
yG
ilgitBalstan.
45.

Conclusionsf romT reatiesa ndA

greements
i. Treaty of Lahore and Amritsar 1846. SurrenderingtotheGovernmentofBrishIndia,
the territories situated between the Rivers Beas and Indus, by Sikh rulers of Lahore, in
nowayincludeGilgitBalstan,asthemonarchialdynasesofhereenjoyedautonomous
status. Moreover, 80 percent of GilgitBalstan lied towards North and West of Indus
River;h
ence,t echnicallya lsoG
ilgitBalstand
idn
otf ormp
arto
ft hisT reaty.
ii. Lease of Gilgit26 March 1935. This treaty was under peculiar geo polical
environment, i.e. to exercise check on the Russian communist expansion, entering into
Brish India. At the me of the deal, the Maharaja of Kashmir enjoyed a defacto
suzerain status and not dejure status over princelyStatesofGilgitBalstan.Hence,this
agreementd
oesn
otm
akeG
ilgitBalstana c onstuencyo
fK
ashmir.
iii. Karachi Agreement 1949. While assigning the responsibilies with reference to
maers relang to Kashmir, within the purview of the Government of Pakistan,
GilgitBalstan was administravely placed under the control of Federal Government of
Pakistan. This agreement can be viewed as therstformaldocumentbetweenPakistani
Govt. and the leadership of Jammu and Kashmir. Neither parcipaonnorconsensusof
peopleo
fG
ilgitB
alstanw
ass oughtint hisr egards.
iv. United Nations Resolutions. Whereas United Naons Commission for India and
Pakistan (UNCIP) in all its resoluons stressed on holding of immediate ceasere by
India andPakistan,reduconofforceslevelinKashmirandholdingofplebiscite.Thereis
nos pecicm
enono
fG
ilgitBalstanina nyo
ft her esoluon.
v. SinoPak Border Agreement 1963. This agreement can be seen as thesecondocial
declaraon by Pakistan, as the two pares (Pakistan and China) agreed that aer the
selement of the Kashmir dispute between Pakistan and India, the sovereign authority
concerned will reopen negoaons with the Government of the Peoples Republic of
Chinao
nt heb
oundarya sd
escribedint hisa greement.

46.C
onclusionsF romC
ourtsD
ecisions
i. Azad Jammu and Kashmir High Court Ruling 18 March 1993. The decision has based
on the historical evidences regarding paern of rule of GilgitBalstan aer 1846.The
Court however, did not take into account, the history of GilgitBalstan prior to that, as
the area was ruled on monarchial paern, for about one thousandyearsbylocalrulers.

Moreover, the demographic realies and the public opinion have been totally
disregarded.
ii. Azad Jammu Kashmir Supreme Court Ruling, 14 March 1994. The Courtviewedthat
the High Court of Azad Kashmir did not have jurisdicon of hearing the case. Thus the
HighC
ourtsd
ecisionw
asn
otu
pheldb
yt heS upremeC
ourt.
iii.RulingofSupremeCourtPakistan29May1999.TheCourtsdirecvetoGovernment
of Pakistan to, iniates administrave and legislave steps by making necessary
amendments in the Constuon and statutes, to ensure that the people of
GilgitBalstan enjoy fundamental rights, can be considered as landmark decision
relang to determinaon of polical and constuonal status of 1.3 million inhabitants
of GilgitBalstan. GilgitBalstan Empowerment and Self Governance Order 2009isthe
outcomeo
ft heC
ourtsm
iles toned
ecision.
47.

Conclusionf romB
oundarieso
fG
B. Cis and trans border froners of GB have been
changed from me to me. The cis froner border of Diamer with Kohistan and Ghizar
with Chitral are disputed. Trans borderfronerswithChinaareconsequenttoPakChina
Agreement of 1963 while same with IOK is demarcated by LOC and Line of Actual
ContactinS iachena rea.

PART 6

RECOMMENDATIONS
48.C
oreR
ecommendation I ntegrationo
fG
ilgitBaltistanw
ithP
akistan.
The Supreme Court of Pakistan in its landmark decisiononthesubjecthas,underlinedacourse
of acon to solve the issue. With the enforcement of GilgitBalstan (Empowerment and Self
Governance) Order, 2009, a poron of the Supreme Courts judgment order has been fullled.
However, issue relang to representaon of GilgitBalstan in the Parliament of Pakistan,
ensuring beer integraon of GilgitBalstan with the main streampolicsofPakistan,isyetto
be decided by the Parliament and Execuve. The establishmentoftheGilgitBalstanCouncilis
a step in this direcon, but more of symbolic in nature. Ideally, the merger of GilgitBalstan
with Pakistan as its h provincewouldbringanendtotheidentycrisisonceforall.However,
in view of the Governments policy adopted so far, a complete policy shi may not be a viable
opon. The commiee thusrecommendsinterimorprovisionalstatustoGilgitBaltistanwith
right of vote and representation in Parliament of Pakistan as best possible opon. For this
purpose, necessary legislaon and amendment in 1973 Constuon can be made, as
permissible vide para 1 (2) (d) of the Constuon of Pakistan 1973. Sincerepresentaoninthe
Naonal Assembly isbasedonpopulaonrao,convenientlythreeelectedrepresentaves,one
each for three divisions, i.e. Gilgit, Balstan and Diamer respecvely. While one women seat
can be kept for GilgitBalstan.ForrepresentaonintheSenateofPakistan,GilgitBalstanmay
be considered as an interim federang unit with due recognion and representaon as incase
of other federang units. Pakistan can jusfy its stance, as India has already extended its
constuonal jurisdicon to the part of Jammu and Kashmir under its administrave control,
including Laddakhregion.Moreover,Kashmirissuealsoremainsunhurtduetointerimnatureof
thep
rovision.
2.

SubsidiaryR
ecommendations
1) Extension of bench of Supreme Court of Pakistan, bringing GB under wider judicial
umbrella.
2) Establishment of instuons like oce of Provincial Public Service Commission,
Provincial Ombudsman, oce of ProvincialConsolidatedFund,etc,aspermissibleunder
theC
onstuono
fP
akistan1
973.
3) Due representaon of GB in NFC award and other naonal level forums, having
representaono
ff ederangu
nits.
4) Determinaon of due share / royalty of projects of naonal magnitude, like Diamer
BashaD
am,B
unjih
ydelp
rojecta ndm
ineral,t ourisma ndw
aterr esources.
5) Safeguardinge conomicinterestso
fG
BinP
akChinaE conomicC
orridorp
roject.

BIBLIOGRAPHY
1. Chaudry,G.M (2010). Constuon of Pakistan, 1973, (2nd ed.) Arcles, 142, 246 and 247,
FederalL awH
ouseR
awalpindi.
2.K
arachiA
greement1
949.E n.wikisource.org/wiki/KarachiA
greement,R
etrieved,8
S ept2
011.
3. Dani,Ahmad. Hasan.(1991).HistoryofNorthernAreasofPakistan(2nded.).NaonalInstute
ofH
istoricala ndC
ulturalR
esearch,Islamabad.
4.A
li,Manzoom.(1985).KarakaramHindukush(1ste d.).B
urqS onsL imited,Islamabadp
.1
.
5. Dani,Ahmad. Hasan.(1991).History of Northern Areas ofPakistan(2nded.).NaonalInstute
ofH
istoricala ndC
ulturalR
esearch,Islamabad.pp.4
6.w
ww.gilgitbalstan.gov.pk/GilgitBalstan/...ofgilgitbalstanof,R
etrieved,s ept8
,2
0117
.
HistoricalP
erspecveOfG
ilgitBalstanO
fP
akistan| G
ilgitBalstan.
8. Dani,Ahmad. Hasan.(1991).History of Northern Areas ofPakistan(2nded.).NaonalInstute
ofH
istoricala ndC
ulturalR
esearch,Islamabad.pp.161a nd2
36.
9. Dani,Ahmad. Hasan.(1991).History of Northern Areas ofPakistan(2nded.).NaonalInstute
ofH
istoricala ndC
ulturalR
esearch,Islamabad,pp.5
.
10. Durand,Algernon,(2008),Making of a Froner,urdu version translated by Lt Col (r) Ghulam
GillaniK
han,DostP
ublicaons,Islamabad,pp.184201.
11. Dani,Ahmad. Hasan.(1991).History of Northern Areas of Pakistan (2nd ed.). Naonal
Instuteo
fH
istoricala ndC
ulturalR
esearch,Islamabad.p
p.5,7
,8
a nd8
9.
12. Nazim,M.Khan,Memories,(Khud Noosht Sawana E Omree) (n.d.), urdu translaon by Sher
BazB
archa,HanisaraP
ublishers,G
ilgit.
13. Dani,Ahmad. Hasan.(1991).History of Northern Areas of Pakistan (2nd ed.). Naonal
Instuteo
fH
istoricala ndC
ulturalR
esearch,Islamabad.pp.247.
14.A
ngloSikhT reaes4
1
846 S ikhC
yberM
useumHistoryw
ww.
sikhcybermuseum.org.uk/history/AngloSikhtreaty1846.htm,r etrieved,s ept8
,2
0111
5.K
ashmir:
LegalD
ocuments,K
ashmirinformaon.com/L egalDocs/T reatyofAmritsar.html
16. Dani,Ahmad. Hasan.(1991).History of Northern Areas of Pakistan (2nd ed.). Naonal
Instute of Historical and Cultural Research, Islamabad.pp.288 and 289 17. Kashmir Lease of
Gilgit,k 4kashmir.com/?p
=508,r etrievedo
ns ept6
,2
011.

18. Dani,Ahmad. Hasan.(1991).History of Northern Areas of Pakistan (2nd ed.). Naonal

Instuteo
fH
istoricala ndC
ulturalR
esearch,Islamabad
19. Dani,Ahmad. Hasan.(1991).History of Northern Areas of Pakistan (2nd ed.). Naonal
Instuteo
fH
istoricala ndC
ulturalR
esearch,Islamabad.pp.327361
20.B
rownA
.W
illiam,(1998)TheG
ilgitR
ebellion,
21.K
hanM
.S hah( 1999).GilgitS couts(n.d.)
22. Dani,Ahmad. Hasan.(1991).History of Northern Areas of Pakistan (2nd ed.). Naonal
Instuteo
fH
istoricala ndC
ulturalR
esearch,Islamabad,p
p.341
23. Dani,Ahmad. Hasan.(1991).History of Northern Areas of Pakistan (2nd ed.). Naonal
Instute of Historical and CulturalResearch,Islamabad,pp355.KarachiAgreement:Informaon
fromA
nswers.com,www.answers.c om/t opic/karachiagreement1
24.K
ashmirL egalD
ocumentsK
ashmirnformaon.com/LegalDocs/SinoPak.html
25. Northern Areas Governance Order, 1994,published by Secretary Law, NorthernAreasGilgit,
May2
5th,2008
26. The GilgitBalstan (Empowerment and SelfGovernance) Order 2009, published by Law
Department,G
ilgitBalstan
27. Writ peon under secon 44 of Azad Jammu and Kashmir interim constuon Act
1974,(n.d.),byA
zadJ ammua ndK
ashmirH
ighC
ourt
28. AlJehadvsFederaonofPakistan,1999SCMR.1379,constuonalpeonNO.11and17of
1994,d
ated1
8M
ay1
999.
29.G
ilgitBalstanU
nitedM
ovement W
ikipedia,t hef reee ncyclopedia,
en.wikipedia.org/wiki/GilgitBalstan_United_Movement
30.B
alawaristanN
aonalF ront W
ikipedia,t hef reee ncyclopedia,
en.wikipedia.org/wiki/Balawaristan_Naonal_Front
31. Hasan, Tariq (2009), Tribal andNorthernAreasofPakistan:ACaseofConstuonalNeglect,
Power point presentaon delivered atSZABIT,IslamabadCampuson30March2009.32.Hasan,
Khalid,
Northern
Areas,
Neither
Fish
nor
Fowl,
www.khalidhasan.net
/.../northernareasneithershnorfowl,r etrieved,Sept1
0,2011
33. Khan A.Ullah(1995), GilgitBalstan Ki Aine Hesiat published in GilgitBalstan Tarekh wa
AineH
esiatb
yM
.S aeedA
saedinM
arch2
004,publishersInstuteo
fK
ashmirA
airs,L ondon.

34. Hashmi, Mumtaz Ahmad(1971),GilgitBalstan mein Agency Nizam Que published in

GilgitBalstan Tarekh wa Aine Hesiat by M. Saeed Asaed in March 2004,publishers Instute of
KashmirA
airs,L ondon
35. Khan,M. Arif,(n.d.)GilgitBalstan Tarekhi wa Aine posion published in GilgitBalstan
Tarekh wa Aine Hesiat by M. SaeedAsaedinMarch2004,publishersInstuteofKashmirAairs,
London.

ANNEXA

TREATYO
FL AHORE 1846
Arcle 1. There shall be perpetual peace and friendship between the Brish Government and
MaharajahD
huleepS ing,h
ish
eirsa nds uccessors.
Arcle 2. The Maharajah of Lahore renounces forhimself,hisheirsandsuccessors,allclaimto,
or connecon with the territories lying to the south of the River Sutlej, and engages never to
havea nyc oncernw
itht hoset erritorieso
rt heinhabitantst hereof.
Arcle 3. The Maharajah cedes to the Honorable Company, in perpetual sovereignty, all his
forts, territories and rights in the Doab or country, hill and plain, situated between the Rivers
Beasa ndS utlej.
Arcle 4. The Brish Government having demanded from the Lahore State, as indemnicaon
for the expenses of the war, in addion to the cession of territory described in Arcle 3,
payment of one and half crore of Rupees, and the Lahore Governmentbeingunabletopaythe
whole of this sum at this me, or to give security sasfactory to the Brish Government forits
eventual payment, the Maharajah cedes to the Honorable Company, in perpetual sovereignty,
as equivalent for one crore of Rupees, all his forts, territories, rights and interests in the hill
countries, which are situated between the Rivers Beas and Indus, including the Provinces of
Kashmira ndH
azara.
Arcle 5. The Maharajah will pay to the Brish Government the sum of 60 lakhs ofRupeeson
orb
eforet her acaono
ft hisT reaty.
Arcle 6. The Maharajah engages to disband the munous troops of the Lahore Army, taking
from them their armsand His Highness agrees to reorganize theRegularRegimentsofInfantry,
upon the system, and according to the Regulaons as to pay and allowances, observed in the
me of the late MaharajahRunjeetSing.TheMaharajahfurtherengagestopayupallarrearsto
thes oldierst hata red
ischarged,u
ndert hep
rovisionso
ft hisA
rcle.
Arcle 7. The Regular Army of the Lahore State shall henceforth be limited to 25 Baalions of
Infantry, consisng of 800bayonetseachwithtwelvethousandCavalrythisnumberatnome
to be exceeded without the concurrence of the Brish Government. Should it be necessary at
any me for any special cause that this force should be increased, the cause shall be fully
explained to the Brish Government, and when the special necessity shall have passed, the
regular troops shall be again reduced to the standard specied in the former Clause of this
Arcle.

Arcle 8. The Maharajah will surrender to the Brish Government all the gunsthirtysix in
numberwhich have been pointed against the Brish troopsand which, having been placed on
ther ightB
anko
ft heR
iverS utlej,w
eren
otc aptureda tt heb
aleo
fS ubraon.
Arcle 9. The control of the Rivers Beas and Sutlej, with the connuaons of the laer river,
commonly called the Gharrah and the Punjnud, to the conuence of the Indus at
Mithunkoteand the control of the IndusfromMithunkotetothebordersofBeloochistan,shall,
in respect to tolls and ferries, rest with the Brish Government. The provisions of this Arcle
shall not interfere with the passage of boats belonging to the Lahore Government on the said
rivers, for the purpose of trac or the conveyance of passengers up and down their course.
Regarding the ferries between the two countries respecvely, at the several ghats of the said
rivers, it is agreed that the BrishGovernment,aerdefrayingalltheexpensesofmanagement
and establishments, shall account to the Lahore Government for onehalf thenetprotsofthe
ferry collecons. The provisions of this Arcle have no reference to the ferries on that part of
theR
iverS utlejw
hichf ormst heb
oundaryo
fB
ahawalpura ndL ahorer especvely.
Arcle 10. If the Brish Government should, at any me, desire to pass troops through the
territories of His Highness the Maharajah, for the protecon of the Brish territories, or those
of their Allies, the Brish troops shall, on such special occasion, due noce being given, be
allowed to pass through the Lahore territories. In such case theocersoftheLahoreStatewill
aord facilies in providing supplies and boats for the passage of rivers, and the Brish
Government will pay the full price of all such provisions and boats, and will make fair
compensaon for all private property that may be damaged. The Brish Government will,
moreover, observe all due consideraon to the religious feelings of the inhabitants of those
tractst hroughw
hicht hea rmym
ayp
ass.
Arcle 11. The Maharajah engages never to take or to retain in his service any Brish
subjectnor the subject of any European or American Statewithout the consent of the Brish
Government.
Arcle 12. In consideraon of the services rendered by Rajah Golab Sing of Jummoo, to the
Lahore State, towards procuring the restoraon of the relaons of amity between the Lahore
and Brish Governments, the Maharajah hereby agrees to recognize the lndependent
sovereignty of Rajah Golab Sing in such territoriesanddistrictsinthehillsasmaybemadeover
to the said Rajah Golab Sing, by separate Agreement between himself and the Brish
Government, with the dependencies thereof, which may have been in the Rajah's possession
since the me of the late Maharajah Khurruck Sing, and the Brish Government, in
consideraon of the good conduct of Rajah Golab Sing, also agrees to recognize his
independence in such territories, and to admit him to the privileges of a separate Treaty with
theB
rishG
overnment.

Arcle 13. In the eventofanydisputeordierencearisingbetweentheLahoreStateandRajah

Golab Sing, the same shall be referred to the arbitraon of the Brish Government, and by its
decisiont heM
aharajahe ngagest oa bide.
Arcle 14. The limits of the Lahore territories shall not be, at any me, changed without the
concurrenceo
ft heB
rishG
overnment.
Arcle 15. The Brish Government will not exercise any interference in the internal
administraon of the Lahore Statebut in all cases or quesons which may be referred to the
BrishGovernment,theGovernorGeneralwillgivetheaidofhisadviceandgoodocesforthe
furtheranceo
ft heinterestso
ft heL ahoreG
overnment.
Arcle 16. The subjects of either State shall, on vising the territories of the other, be on the
foong of the subjects of the most favoured naon. Source: Encyclopaedia of Sikhism by
HarbansS ingh

ANNEXB

TREATYO
FA
MRITSAR1846
Arcle 1. The Brish Government transfers and makes over forever in independent possession
to Maharajah Gulab Singh and the heirs male of his body all the hilly or mountainous country
with its dependenciessituatedtotheeastwardoftheRiverIndusandthewestwardoftheRiver
Ravi, including Chamba and excluding Lahul, being part of the territories, ceded to the
BrishGovernment by the Lahore State according to the provisions of ArcleIVoftheTreatyof
Lahore,9
thM
arch,1
846.
Arcle 2. The eastern boundary of the tract transferred by the foregoing arcle tMaharajah
Gulab Singh shall be laid down bytheCommissionersappointedbytheBrishGovernmentand
Maharajah Gulab Singh respecvely for that purpose and shall be dened in a separate
engagementa ers urvey.
Arcle 3.In consideraon of the transfer made to him and his heirs by the provisions of the
foregoing arcle Maharajah Gulab Singh will pay to the Brish Government the sum of
seventyve lakhs of rupees (Nanukshahee), y lakhs to be paid on or before the1stOctober
oft hec urrenty ear,A
.D.,1
846.
Arcle 4. The limits of territories of Maharajah Gulab Singh shall not be at any me changed
withoutc oncurrenceo
ft heB
rishG
overnment.A
rcle
5. Maharajah Gulab Singh will refertothearbitraonoftheBrishGovernmentanydisputesor
queson that may arise between himself and the Government of Lahore or any other
neighboringS tate,a ndw
illa bideb
yt hed
ecisiono
ft heB
rishG
overnment.
Arcle 6. Maharajah Gulab Singh engages for himself and heirs to join, with the whole of his
Military Forces, the Brish troops when employed within the hillsorintheterritoriesadjoining
hisp
ossessions.
Arcle 7. Maharajah Gulab Singh engages never to take to retain in his service any Brish
subject nor the subject of any European or American State without the consent of the Brish
Government.
Arcle 8. Maharajah Gulab Singh engages to respect in regard to the territory transferred to
him, the provisions of Arcles V, VI and VII of the separate Engagement between the Brish
Governmenta ndt heL ahoreD
urbar,d
ated1
1thM
arch,1
846.
Arcle 9. The Brish Government will give its aid to Maharajah Gulab Singh in protecng his
territoriesf rome xternale nemies.

Arcle 10. MaharajahGulabSinghacknowledgesthesupremacyoftheBrishGovernmentand

will in token of such supremacy present annually to the Brish Government one horse, twelve
shawl goats of approved breed (six male and six female) and three pairs of Cashmere shawls.
Source.k ashmirinformaon.com/LegalDocs/TreatyofAmritsar.ht

ANNEXC

LEASEO
FG
ILGIT26M
ARCH1
935
Arcle I The Viceroy and GovernorGeneral of India may at any me aer the racaon of
this agreement assume the civil and military administraon of so muchoftheWazaratofGilgit
province (herein aer referred to as the said territory) of the State ofJammuandKashmiras
lies beyond the right bank of the river Indus, but notwithstanding anything in this agreement
the said territory shall connue to be included within the dominions of His Highness the
Maharajao
fJ ammua ndK
ashmir.
Arcle II In recognion of the fact that the said territory connues to be included within the
dominion of His Highness the Maharaja of Jammu and Kashmir salutesandcustomaryhonours
shall be paid in the said territory of the administraon on the occasion of the birthday of His
Highness, Baisakhi, Dussehra, BasantPanchmi and on such other occasions as may be agreed
upon by His Excellency the Viceroy and GovernorGeneral of India. TheagofHisHighnesswill
be
owna tt heo
cialh
eadquarterso
ft hea gencyt hroughoutt hey ear.
Arcle III In normal circumstances no Brish Indian troops shall be dispatched through that
porono
ft heW
azarato
fG
ilgitP
rovincew
hichliesb
eyondt heleb
anko
ft her iverIndus.
Arcle IV All rights pertaining to mining are reserved to HisHighnesstheMaharajaofJammu
and Kashmir.Thegrantofprospecnglicensesandminingleaseswillbemadeduringtheperiod
oft hea greementm
enonedb
elow.
Arcle V This agreement shall remain in force for sixty years from the date of its racaon
and the leases will terminate at the end of that period. Source: www.K4Kashmir.com, July 19,
2010,A
rcleb
yP
rofD
r.S habbirC
haudry

ANNEXD

KARACHIA
GREEMENT1949
Text of the agreement signedbetweenPakistanandAzadKashmirGovernmentsinMarch1949.
TheA
greementw
ass ignedb
yt hef ollowing:
1. Honourable Mushtaque Ahmed Gurmani, Minister without Porolio, Government of
Pakistan. 2. Sardar Mohammed Ibrahim Khan, the president of Azad Kashmir . 3. Choudhry
GhulamA
bbas,H
eado
fA
llJ ammua ndK
ashmirM
uslimC
onference.
M
attersw
ithint hep
urviewo
ft heG
overnmento
fP
akistan
1
.

D
efence( asm
odiedu
nder....).

2
.

F oreignp
olicyo
fA
zadK
ashmir.

3.

Negoaonsw
itht heU
nitedN
aonsC
ommissionf orIndiaa ndP
akistan.

4
.

Publicityinf oreignc ountriesa ndinP

akistan.

5
.

Coordinaona nda rrangemento

fr eliefa ndr ehabilitaono
fr efugees.

6
.

Coordinaono
fp
ublicityinc onneconw
ithp
lebiscite.

7
.

All acvies within Pakistan regarding Kashmir such as procurement of food, civil
suppliesr unningo
fr efugeec ampsa ndm
edicala id.

8
.

Alla airso
fG
ilgit L adakhu
ndert hec ontrolo
fP
olicalA
gent.

M
attersw
ithint hep
urviewo
fA
zadK
ashmirG
overnment
1
.

P
olicyw
ithr egardt oa dministraono
fA
Kt erritory.

2.

G
enerals upervisiono
fa dministraoninA
Kt erritory.

3.

Publicity with regard to the acvies of the Azad Kashmir Government and
administraon.

4.

Advice to the honourable Minister without Porolio with regard to negoaons with
UnitedN
aonsC
ommissionf orIndiaa ndP
akistan.

5
.

Developmento
fe conomicr esourceso
fA
Kt erritory.

M
attersw
ithint hep
urviewo
ft heM
uslimC
onference
1
.

Publicityw
ithr egardt op
lebisciteint heA
Kt erritory.

2
.

F ieldw
orka ndp
ublicityint heIndiano
ccupieda reao
ft heS tate.

3
.

Organizaon of polical acvies in the AKterritoryandtheIndianoccupiedareaofthe

State.

4
.

P
reliminarya rrangementsinc onneconw
itht hep
lebiscite.

5
.

Organizaon for contesng the plebiscite. 6. Polical work and publicity among the
Kashmirir efugeesinP
akistan.

7
.

Advise the honorable minister withoutPoroliowithregardtothenegoaonswiththe

UnitedN
aonsC
ommissionf orIndiaa ndP
akistan.

ANNEXE
SINOPAKB
ORDERA
GREEMENT1
963
Arcle 1. In view of the fact that the boundary between Chinas Sinkiang and the conguous
areas the defence of which is under the actual control of Pakistan has never been formally
delimited, twoparesagreetodelimititonthebasisofthetradionalcustomaryboundaryline
includingf eaturesa ndina s pirito
fe quality,m
utualb
eneta ndf riendlyc ooperaon.
Arcle 2.InaccordancewiththeprincipleexpoundedinArcle1ofthepresentagreement,the
two pares have xed as follows the alignment of the enre boundary line between Chinas
Sinkianga ndt hec onguousa reast hed
efenceo
fw
hichisu
ndert hea ctualc ontrolo
fP
akistan.
1) Commencing from its north western extremity at height 5,630 metres (a peak the
reference coordinates of which are approximately longitude74degrees34minuteseast
andlatude37degrees3minutesnorth),theboundarylinerunsgenerallyeastwardand
then Southeastward strictly along the main watershed between the tributaries of the
Tashkurgan river of the Tarim river system on theonehandonthetributesoftheHunza
river of the Indus river system on the other hand, passing through the Kilik Daban
(Dawan), the Mintake Daban (pass), the Kharchanai Daban (named on theChinesemap
only), the MutsgilaDaban(namedontheChinesemaponly)andtheParpikPass(named
ont heP
akistanm
apo
nly)a ndr eachest heK
hunjerab( YutrD
aban( Pass).
2) Aer passing through the Kunjerab (Yutr) Daban (pass) the boundary line runs
generally southward along the abovemenoned main watershed upto a mountaintop
south of the Daban (pass), where it leaves the main watershed to follow the crest of a
spur lying generally in a southeasterly direcon, which is the watershed between the
Akjilga river(anamelesscorrespondingriveronthePakistanmap)ontheonehand,and
the Taghumbash (Oprang) river and the Koliman Su (Orang Jilga) on the other hand.
According to the map of the Chinese side, the boundary line, aer leaving the
southeastern extremity of the spur, runs along a small secon of themiddlelineofthe
bed of the Koliman Su to reach its conuence with the Elechin river. According to the
map of the Pakistan side,theboundaryline,aerleavingthesoutheasternextremityof
thiss pur,r eachest hes harpb
endo
ft heS haksgamo
fM
uztaghR
iver.
3) From the aforesaid point, the boundary lines runs uptheKelechinriver(Shaksgamor
Muztagh river) along the middle line of its bed its conuence (reference coordinates
approximately longitude 76 degrees 2 minutes east and latude 36 degrees 26minutes
north)w
itht heS horbulakD
aria( Shimshalr ivero
rB
raldur iver).
4) From the conuence of the aforesaid two rivers, the boundary line, according to the
map of the Chinese side, ascends the crest of a spur and runs along it to join the

Karakoram range main watershed at a mountaintop (reference coordinates

approximately longitude 75 degrees54minuteseastandlatude36degrees15minutes
north) whichonthismapisshownasbelongingtotheShorgulakmountain.Accordingto
the map of the Pakistan side, the boundary line from the conuence of the above
menoned tworiverascendsthecrestofacorrespondingspurandrunsalongit,passing
through height 6.520 meters (21,390 feet) ll it joins the Karakoram range main
watershed at a peak (reference coordinates approximately longitude 75 degrees 57
minutese asta ndlatude3
6d
egrees3
m
inutesn
orth).
5) Thence, the boundary line, running generally southward and then eastward strictly
follows the Karakoram range main watershed which separates the Tarim river drainage
system from the Indus river drainage system, passing through the east Mustagh pass
(Muztagh pass), the top of the Chogri peak (K2) the top of the broad peak, the top of
the Gasherbrum mountain (8,068), theIndirakolipass(namesoftheChinesemapsonly)
and the top of the Teramn Kankri peak, and reaches its southeastern extremity at the
Karakoram pass. Then alignment of the enre boundary lineasdescribedinseconone
of this arcle, has been drawn on the one million scale map of the Pakistan side in
English which are signed andaachedtothepresentagreement.Inviewofthefactthat
the maps of the two sides are not fullyidencalintheirrepresentaonoftopographical
features thetwopareshaveagreedthattheactualfeaturesonthegroundshallprevail,
so far as the locaon and alignment of the boundary described in secon one is
concerned, and that they will be determined as far as possible by bgint survey on the
ground.
Arcle 3.Thetwopareshaveagreedthat:i)Wherevertheboundaryfollowsariver,themiddle
line of the river bed shall be the boundary line; and that ii) Wherever the boundary passes
througha d
eban( pass)t hew
aterparnglinet hereofs hallb
et heb
oundaryline.
Arcle 4. One the two pares have agreed to set up, as soon as possible, a joint boundary
demarcaon commission. Each side will appoint a chairman, one or more members and a
certain number of advisers and technical sta. The joint boundary demarcaon commission is
charged with the responsibility in accordance with the provisions of the presentagreement,to
hold concrete discussions on and carry out the following tasks jointly. 1) To conduct necessary
surveys of the boundary area on the ground, as stated in Arcle2ofthepresentagreementso
as to set up boundary markers atplacesconsideredtobeappropriatebythetwoparesandto
delineate the boundary line of the jointly prepared accurate maps. To dra a protocol seng
forth in detail the alignment of the enre boundary line and the locaon of all the boundary
markers and prepare and get printed detailed maps, to be aached to the protocol, with the
boundary line and the locaon of the boundary markers shown on them. 2) The aforesaid
protocol, upon being signed by representaves of the governments of the two countries, shall

become an annex to the present agreement, and the detailed maps shall replace the maps
aached to the present agreement. 3) Upon the conclusion of the abovemenoned protocol,
thet askso
ft hejointb
oundaryd
emarcaonc ommissions hallb
et erminated.
Arcle 5. The two pares have agreed that any dispute concerning the boundary which may
arise aerthedelimitaonofboundarylineactuallyexisngbetweenthetwocountriesshallbe
seledp
eacefullyb
yt het wop
arest hroughf riendlyc onsultaons.
Arcle 6. The two pares have agreed that aer the selement of the Kashmir dispute
between Pakistan and India, the sovereign authority concerned will reopen negoaons with
the Government of the Peoples Republic of China on the boundaryasdescribedinArcle2of
the present agreement, so as to sign a formal boundary treaty to replace the present
agreement, provided that in the event of the sovereignauthoritybeingPakistan,theprovisions
of the present agreement and of the aforesaid protocol shall be maintained in the formal
boundaryt reatyt ob
es ignedb
etweent heP
eoplesR
epublico
fC
hinaa ndP
akistan.
Arcle 7. The present agreement shall come into force on the data of its signature. Done in
duplicate in Peking on the second day of March 1963, in the Chinese and English languages,
boths ideb
einge quallya uthenc.

ANNEXF
APPOINTMENTO
FG
OVERNORO
FG
ILGITW
AZARAT
The Jammu and Kashmir Government Gazee, 16th Sawan 2004 No.16 His Highness the
MaharajaB
ahadurh
asb
eenp
leasedt oc ommandt hat:
1. The Administraon of the enre Gilgit territory i.e. Former Gilgit Wazarat NorthoftheIndus
anda llP
olicalD
istrictb
et akeno
vero
n1
stA
ugust.
2.T hea bovet ogetherw
ithB
unjiw
illf ormt heG
ilgitF ronerP
rovince.
3. A post of Governor in the grade of 70040900 with the usual Froner Allowance and
sumptuarya llowanceo
fR
s.200p
.miss anconed.
4. Brigadier Ghansara Singh is appointed Governor. He will draw his personal pay Rs.1, 000
togetherw
ithF ronera ndS umptuarya llowances.
5. For Revenue and General administraon work, 3 ocers, one Revenue Assistant and two
NaibTehsildars,a res anconed.
6. Services of two Brish ocers, one as Assistant Governor Chilas and one as Commandant
Gilgit Scouts be taken over in for a period of one year each. The emoluments of these ocers
willb
es anconedlaterw
henw
ek nowt hec lasso
fo
cersw
ea reg eng.
7.T hec ompanys taoneda tB
unjim
ayb
er einforcedb
yo
nem
orec ompany.
8. The budgetfortheGilgitFronerprovincewillbesanconedwhenfulldetailsareknownand
haveb
eens crunized.P
rimeM
inister

ANNEXH

ACCESSIONL ETTERB
YM
IRO
FH
UNZA

ANNEXJ
ACCESSIONL ETTERB
YM
IRO
FN
AGAR

ANNEXK

ACCESSIONL ETTERB
YM
IRO
FN
AGAR

ANNEXL
ACCESSIONL ETTERB
YM
IRO
FP
UNIYAL

CONSTITUTIONOF
THEISLAMICREPUBLICOFPAKISTAN,1973
AsAmendedbyTheConstitutionTwentyFirstAmendmentAct,2015

PARTI
Introductory
1.TheRepublicanditsterritories:
(1)P
akistanshallbeFederalRepublictobeknownastheIslamic
RepublicofPakistan,hereinafterreferredtoasPakistan.
(2)TheterritoriesofPakistanshallcomprise:
(a)theProvincesof1Balochistan,the2KhyberPakhtunkhwa,3the
Punjaband4Sindh
(b)theIslamabadCapitalTerritory,hereinafterreferredtoasthe
FederalCapital
(c)theFederallyAdministeredTribalAreasand
(d)suchStatesandterritoriesasareormaybeincludedinPakistan,
whetherbyaccessionorotherwise.

(3)MajliseShoora(P
arliament)maybylawadmitintotheFederation
newStatesorareasonsuchtermsandconditionsasitthinksfit.

2.IslamtobeStatereligion.IslamshallbetheStatereligionofPakistan.

GILGITBALTISTAN
EXTRAORDINARYGAZETTEOFPAKISTANPARTII

GOVERNMENTOFPAKISTAN
MINISTRYOFKASHMIRAFFAIRSAND
NORTHERNAREAS
****
Islamabad,the9th
September,2009

AN

ORDER
to provide greater political empowerment and better governance to the
peopleofGilgitBaltistan

WHEREAS it is expedient to undertake necessary legislative, executiveand

judicial reforms for granting selfgovernance to the people of GilgitBaltistan and
formattersconnectedtherewithorincidentalthereto

NOW, THEREFORE, the Government of Pakistan is pleased to make the

followingOrder:
1.

Short title, extent and commencement. (1) This Order may be called the

GilgitBaltistan(EmpowermentandSelfGovernance)Order,2009.
(2)
(3)

ItextendstothewholeofareasGilgitBaltistan.
Itshallcomeintoforceonatonce.

HISTORICALCONTEXT

The administrative status existing in theareaatthetimeoftheeventsin1947were

asunder:
A.
Gilgit:

Gilgit Wizarat Gilgit proper with its immediate surrounding district is

known as the Gilgit Subdivision, and up till 1935 the Subdivision was
administered by Kashmir. The Gilgit Subdivision should notbeconfusedwiththe
Gilgit Agency. The former is about one tenth the areas of the latter. In 1935 the
British Government appreciated the necessity for the Subdivision being included
in the Agency and coming under the direct control of the Political Agentowingto
the increasing infiltrationintoChineseSinkiangofRussians.TheSubdivisionwas

therefore leased from the Maharaja of Kashmir for a period of sixty years and the
entireareawastakenundertheabsolutecontrolofthePoliticalAgent.
Chilas & Republics of Darel and Tangir Administered by the Assistant
PoliticalAgentinChilaswithanative"RajaArdal".
Political Districts of Punial, Gupis/KoheGhezir, Yasin and Ishkoman
Each headed by an appointed native Governor with restricted autonomyandunder
considerablecontrolofthePoliticalAgent.
Mirs of Hunza and Nager Hereditary and almost independent with only
limitation of conducting foreign affairs in which consultation with the Political
AgentinGilgitwasarequirement.

B.
Baltistan:

Forcenturies,Baltistanconsistedofsmallindependentvalleystatesthatwere
connectedtoeachotherthroughbloodrelationshipsoftherulers(r ajas),trade,
commonbeliefsandstrongculturalandlanguagebonds.[8]Thesestateswere
subjugatedbyforcebytheDograrulersofKashmirinthenineteenthcentury.[9]
ValleyState
District

Khaplu
Ghanche
Skardu
Skardu
Shigar
ShigarDistrict
Kharmang
Kharmang
Roundu
Skardu
Gultari
Skardu

AfterthesuccessfulrebellionofGilgitscoutson31stOctober01stNovember1947,
someelementsofKashmirinfantryandaboveallstrongfeelingsofthepopulations
thegovernorsentfromKashmirinAugust1947wasoverthrown.Subsequent
militarycampaignsin1948underexpressapprovalofthenewlyestablished
governmentinPakistanresultedinthetotalfreedomoftheterritoryinitially
designatedasNORTHERNAREAS.

TheMirsandtheGovernorsofthePoliticalDistrictse xercisedtheiroptionto
accedetoPakistan[obviouslyinconsonancewiththewishesofthepopulations]
theirterritoriesandcommunicatedthesameeitherinwritingorverballytoMajor

WilliamBrown,CommandantGILGITSCOUTSobviousauthorityinGilgitat
thattimewhointurncommunicateditthroughwirelessmessagestoKhanAbdul
QayyumKhan,thePrimeMinister[CM]NWFPPeshawaraswellasColBacon
PAKhyber[thelastBritishPoliticalAgentinGilgit]withanadditionalrequestto
postaPakistanGovernmentPoliticalAgentexpeditiously.Furtherparleyswiththe
delegationsfromtheregionin1950resultedincontinuationoftheadministrative
structureofanAgencywhichcontinuedtill1974.Eversincedifferentoptionshave
beeninstitutedbyGOP.

On2 9August2009theGovernmentoftheIslamicRepublic
ofPakistanannouncedthecreationofGilgitBaltistan,anewprovincelike
autonomousregionwithGilgitcityasitscapitalandSkarduasthelargestcity.A
sizablenumberofyounggenerationactivistsarehowevernotsatisfiedandraise
theirvoicesforavigorousconstitutionalstatussomeevendemandingcessation
andindependence.

VIEWSOFGOP

European Union constituted a committee under the chairpersonship of Baroness

Nicholson of Winterbourne. This committee compiled its report titled "Kashmir
Present Situation and Future Prospects" on 21 March 2007. The report also deals
with the status of Northern Areas (NowGilgitandBaltistan).EmbassyofPakistan
in Brussels through its letter dated 8thMay 2007 expressed the government's
views.

In this context, I would like to bring to your notice the following salient points
regardingtheNorthernAreasofPakistan:

The Northern Areas of Pakistan consist of six districts, viz. Gilgit, Skardu,
Diamir, Ghizer, ,Ghanche and Astore, Its population is around 1,5 million and it
spreadsoveravastareaof72,495sq.Km.

Historically, the Treaties of Lahore and Amritsar of 1846, which constitute the
basic documents regarding the establishment of the State of Jammu and Kashmir,
do not recognize its territorial limits on the areas westwards of the River Indus.

The whole of Northern Areas, which include Gilgit Agency and BaltistanAgency,
wasnotapartofJammuandKashmirStateinAugust1947.

TheStatesofHunzaandNagarwerenevertreatedaspartofJammuandKashmir.
They were autonomous states but nominally under the suzerainty of the Dogra
ruler. Hunza and Nagar acceded toPakistanandtheinstrumentofaccessionsigned
bytheMirs(rulers)ofthesestateswasacceptedbytheQuaideAzamin1947.

The UNCIP resolutions are also relative to the State of Jammu and Kashmir and
do not, in any manner, apply to any part of the Northern Areas which were not
included in the State of Jammu and Kashmir before 1947 From this perspective,
integrationoftheNorthernAreaswithPakistanisalsonotprohibited.

CONTEXTSFORCONSTITUTIONALSTATUS/GOVERNANCE
STRUCTURESINTHEMODERNWORLD

1.
2.

3.
4.

5.
6.

Federalism,HumanRightsandPeacewithintheState
ThemainconstitutionalPrinciples:
a. History
b. RuleofLaw
c. ProtectionofMinorities
d. Democracy
Builtanddrivenbythesocietyandthesubnationalsocieties.
DemocracyandfreedomareresultsfromtheFrenchRevolution.Other
peopleinEuropetriedalsotofreethemselvesfromfeudalpowers.The1848
PeoplesSpringwereeconomicallyandpoliticallywewanttobeour
ownmastersofourlifereasonable.
Thewayitwasachievedanditssocietaldiversitymarkedthepolitical
designofthenewFederations.
StrongDecentralizationandSharingofPowers:

BicameralParliamentastheU.S.A.

CollegialFederalGovernment(NostrongPresident)

DoublemajoritiesforConstitutionalPowers
7. Powersharingverticalandhorizontalhelpsyoutointegratead iverse
societyandproducesstabilitybyhighlegitimacy.Realparticipatoryrights
transformaprimarilyrepresentative,indirectdemocracyintoadirect
democracy.
8. Nobodyhassomuchpowerthathehastheambivalentprivilege,nottohave
tolearn.Whenthedemocraticpowerisreallysharedwiththepeople,
politicalprogressandsocialchangehavetobeunderstoodascollective
learningprocesses.Everycitizenhastherighttoproposewhereheorshe
thinksprogressandchangearenecessary!
9. Insidetheinfrastructureofademocracyhastobemodernizedinorderto
remakeitsdirectdemocracyservethepeoplebest.
10.SelfDeterminationSecessionandInternationalLaw,Historiccasesof
secession:
a. 1776USADeclarationofIndependenceAndlaterSecessionofthe
South?
b. 1903Panama
c. 1901VenezuelaandEquadorfromColumbia

d. 1905NorwayfromSweden
e. 1947IndiaPakistan
f. 1971Bangladesh
g. 1974Jura
h. 2006Montenegro
i. 2008Kosovo
j. 2011SouthSudan?
11.Threateningsecession:
a. NorthofIraq
b. Kashmir
c. Congo
d. Belgium
e. Italy
f. Spain
g. Quebec?
h. SriLanka?
12.Problems:
a. RightofselfdeterminationofwhomMajority,qualifiedmajorityof
Federalunit?
b. Peoples?Citizenswithresidence?

13.Procedure:
c. Whodecides?
d. Democracy:Question,Citizens,qualifiedMajority?
14.TransitoryLaw
e. Property
f. Recognition
g. Contemporaryexamples:
a. Montenegro Article 60 Withdrawal from the State union of
SerbiaandMontenegro
Upon the expiry of a threeyear period the member state shall
have the right to initiate the procedure for a change of thestate
status, i.e. for withdrawal from the State union of Serbia and
Montenegro.
A decision to withdraw from the State union of Serbia and
Montenegro shall be made after a referendum has been held.
The Law on Referendum shall be passed by a member state,
taking into account recognized democratic standards. The
member state that exercises the right of withdrawal shall not

inherit the right to international legal personality and all

outstanding issues shall be regulated separately between the
successorstateandthestatethathasbecomeindependent.
If both member states declare in a referendum that they are in
favor of changing the state status, i.e.infavorofindependence,
all outstanding issues shall be resolved in the succession
procedure, as was the case with the former Socialist Federal
RepublicofYugoslavia
b. BadinterArbitrationCase:
i. that in the case of a federaltype state, which embraces
communities that possess a degree of autonomy and,
moreover, participate in the exercise of political power
within the framework of institutions common to the
Federation, the existence of the state implies that the
federal organs represent the components of the
Federationandwieldeffectivepower
ii. The composition and workings of the essential organs of
the Federation, be they the Federal Presidency, the
Federal Council, the Council of the Republics and the
Provinces, the Federal Executive Council, the
Constitutional Court ortheFederalArmy,nolongermeet
the criteria of participation and representatives inherent
in a federal state Consequently, the Arbitration
Committeeisoftheopinion:
thattheSocialistFederalRepublicofYugoslaviaisin
theprocessofdissolution
thatitisincumbentupontheRepublicstosettlesuch
problemsofstatesuccessionasmayarisefromthis
processinkeepingwiththeprinciplesandrulesof
internationallaw,withparticularregardforhuman
rightsandtherightsofpeoplesandminoritiesthatit
isuptothoseRepublicsthatsowish,toworktogether
toformanewassociationendowedwiththe
democraticinstitutionsoftheirchoice.
c. Ethiopian Constitution Article 39 the Right of Nations,
Nationalities and Peoples: Every nation, nationality or people
in Ethiopia shall have the unrestricted right to self
determinationuptosecession.

h. Secession Procedure: The right to self determination up to secession

ofnation,nationalityandpeoplesmaybeexercised:
a. Where the demand for secession is approved by a two thirds
(2/3rds) majority of the legislature of the nation, nationality or
peopleconcerned.

b. Where the Federal Government within three years upon receipt

of the decision of the legislature of the nation, nationality or
people demanding secession, organizes a referendum for the
nation,nationalityorpeopledemandingsecession.

c. where the demand for secession is supported by a simple

majorityvoteinthereferendum.
d. where the Federal Government transfers power to the
parliament of the nation, nationality or people which has opted
forsecession.
e. wherepropertyispartitionedinaccordancewiththelaw.
i. Effects of a clear Vote: No direct legal effect despite a clear
referendum result purport to invoke a right of selfdetermination to
dictate the terms of a proposed secession to the other parties to the
federation. Thedemocraticvote,byhoweverstrongamajority,would
have no legal effect onitsownandcouldnotpushasidetheprinciples
of federalism and the rule of law, the rights of individuals and
minorities, or the operation of democracy in the other provinces or in
the country as a whole. Democratic rights under the Constitution
cannot be divorced from constitutional obligations nor, however, can
the reverse proposition be accepted: the continued existence and
operation of constitutional order could not be indifferent to a clear
expression ofaclearmajorityofsecessioniststhattheynolongerwish
to remain in the country. The other provinces and the federal
government would have no basis to deny the right of a provincial
government to pursue secession should a clear majority of the people
of choose that goal, so long as in doing so the rights of others are
respected. The negotiations that follow suchavotewouldaddressthe
potential act of secession as well as its possible terms should in fact
secession proceed. There would be no conclusions predetermined by
law on any issue. Negotiations would need to address theinterestsof
the other provinces, the federal government and indeed the rights of

all citizens both within and outside the province, and specifically the
rightsofminorities.
j. WhyNegotiations?Thenegotiationprocesswouldrequirethe
reconciliationofvariousrightsandobligationsbynegotiationbetween
twolegitimatemajorities,namely,themajorityofthepopulationof
theprovince,andthatofthecountryasawhole.
15.ProtectionofMinorities:Weemphasizethattheprotectionofminority
rightsisitselfanindependentprincipleunderlyingofconstitutionalorder.
Consistentwiththislongtraditionofrespectforminoritieswhichisatleast
asoldasCanadaitself,theframersoftheC
onstitutionAct,1982includedin
s.35explicitprotectionforexistingaboriginalandtreatyrights,andins.25,
anonderogationclauseinfavouroftherightsofaboriginalpeoples.
16.RightofSelfdetermination:where"apeople"isgovernedaspartofa
colonialempirewhere"apeople"issubjecttoaliensubjugation,domination
orexploitationandpossiblywhere"apeople"isdeniedanymeaningful
exerciseofitsrighttoselfdeterminationwithinthestateofwhichitformsa
part.TermPeople?Whilemuchofthepopulationcertainlysharesmany
ofthecharacteristics(suchasacommonhistory,language,religionand
culture)thatwouldbeconsideredindeterminingwhetheraspecificgroupis
a"people".
17.Selfdetermination:
a. Internal:Therecognizedsourcesofinternationallawestablishthatthe
righttoselfdeterminationofapeopleisnormallyfullfilledthrough
internalselfdeterminationapeople'spursuitofitspolitical,
economic,socialandculturaldevelopmentwithintheframeworkof
anexistingstate.
b. External:Arighttoe xternalselfdetermination(whichinthiscase
potentiallytakestheformoftheassertionofarighttounilateral
secession)arisesinonlythemostextremeofcasesand,eventhen,
undercarefullydefinedcircumstances.
18.Thereisnonecessaryincompatibilitybetweenthemaintenanceofthe
territorialintegrityofexistingstatesandtherightofa"people"toachievea
fullmeasureofselfdetermination.Astatewhosegovernmentrepresentsthe
wholeofthepeopleorpeoplesresidentwithinitsterritory,onabasisof
equalityandwithoutdiscrimination,andr espectstheprinciplesof
selfdeterminationinitsowninternalarrangements,isentitledtothe
protectionunderinternationallawofitsterritorialintegrity.

1.

2.
3.

4.

CONCLUSIONS

GILGIT and BALTISTAN can be accepted as the 5th province in1[2]

d of the constitution of Pakistan through section 1[3]ofPART1asan
interim entity provided the present government in GB conducts a
referendum in all the districts. The question asked from each citizen
shouldbe:
a. Doyouwanttobethe5th
province?
b. MaintainStatusQuoor
c. SecedefromPakistaneithertojoinAJKorformanindependent
BOLORISTAN?
Based on majority vote for option 1c from one or more districts, the
legislative assembly will hold negotiation with the representatives of
thenetworkofLSOs[people]inthelightofprinciplescoveredabove.
Since majority of budget [mostly dependant on Federal Grants] is
presently utilized on salaries of adisproportionatecentralinstitutional
set up for the government, it needs to be revamped towards the noble
goals enshrined in the 2009 empowerment order. Excellent examples
of village/tehsil/district governments do successfully exist in the
world and recently in the KPK Province in Pakistan. In GB we have
72 LSOs established by AKRSP while the republics haveaneffective
JIRGA system asequivalentstotheseentities.Thesecanbeintegrated
in the governance as CIVIL SOCIETY institutions in fulfilling the
expectations of development and improvement in quality of life of
citizens of GB throughthesamelegalizedmechanismasimplemented
in the Province of KPK. Golden rule of democracy: we want to be
our own masters of our life and Built and driven by the society and
thesubnationalsocietiesw
illhavearealpresenceinourlives.
A steering committeebeimmediatelyestablishedwhichisresponsible
forplanningandimplementinge GovernmentinGB.

NOTE: ResearchpaperK
ashmirandthenorthernareasof
Pakistan:BoundaryMakingalongcontestedfrontiersbyH
ermann
Kreutzmann,containsmapswithdelineaonsandhistoricaldocuments
willprovideimmensehelpindecision/policymakingaswellresoluon
ofboudryissuescoveredinthispaper.
https://drive.google.com/drive/folders/0BxkGkCUURXBlcUhPRFN1ek
Qtc0k


hps://www.erdkunde.unibonn.de/archive/2008/kashmirandthenorthernareasofpakis
tanboundarymakingalongcontestedfroners