View from Ladakh. Northern Areas: the last living colony in South Asia. By Gh. Hassan Khan
Today the Northern Areas of Pakistan comprising of Gilgit and Baltistan have captured a prominent place in all debates and discussions on Kashmir issue, because these areas were part of the princely state of Jammu and Kashmir and also part of the document of the Instrument of Accession signed by Maharaja Hari Singh on October 26, 1947, where in it is mentioned as, " Jammu and Kashmir Tatha Tibet adi".
In the wake of 1949 Cease Fire Agreement and UN Resolution after the Indo- Pak conflict, Gilgit and Baltistan went into Pakistan control along with other areas of the state of Jammu and Kashmir. Government of Pakistan named this part as Azad Kashmir but Gilgit and Baltistan was separated from Azad Kashmir and renamed
as Northern Areas through an agreement signed between Government of Pakistan and Government of "Azad" Kashmir on 28 April 1949, called as "The Karachi Agreement of 1949" This sliced part of the state was brought under direct control of the Federal Government and was administered through political agents from Pakistan. Government of India protested strongly against this move, pleading that Gilgit and
Baltistan was part of Jammu and Kashmir and was linked with the main Kashmir issue which is pending in the UN. Government of Pakistan has no right to de-link this part from the main territory of the state but Pakistan rejected Indias' claims, citing the so called Karachi Agreement.
In 1963, Pakistan and China signed a border, agreement. According to this agreement Pakistan handed over an area of 5180 Sq. kilometres to China from Shamshal area of Gilgit to facilitate the construction of Karakoram Highway over Khanjarab Pass. Government of India again lodged a complaint with the United Nations, stating that Pakistan has no sovereign right to hand over any part of the disputed territory to a third country.
In reply to India's complaint, Pakistan this time stated that, the boundary agreement between China and Pakistan does not affect the Kashmir Issue and UN resolution.
Today Karakoram Highway is the only strong land route link between Pakistan and China. Trade, transit and defence deals taking place between the two countries are materialised mainly through this route. The two countries have also agreed to start daily bus service between Pakistan and China through this route from June 2006.
In the aftermath of the Karachi Agreement of 1949, the Northern Areas (Gilgit and Baltistan) were put under the direct control of the Federal Government of Pakistan with no right of representation either in the Assembly of POK or in the National Assembly of Pakistan (the Parliament). Even during Maharajas' rule the people of Gilgit and Baltistan had the right of representation in the state Praja Sabha. Today, in the name of democracy they are allowed to form elected Councils but the Chief Executive Councillor comes from Pakistan with full control over the administration and developmental activities. The Karachi Agreement virtually turned the so called
Northern Areas of 1.5 million people spread over an area of more than 50,000 square kilometres from Khanjarab to Siachen into a colony of Pakistan. It was neither allowed to remain as part of POK nor accepted as part of Pakistan.
In the famous Mushkin case in 1995, the High Court of Azad Kashmir upheld that the so called Northern Areas were part of the former princely state of Jammu and Kashmir (present Azad Kashmir)... But the Federal Government of Pakistan went in appeal against this judgment in the Supreme Court of Pakistan where it is still
subjudice.
Even the Supreme Court of Pakistan could not clarify the legal status of Northern Areas. In two constitutional Petitions Nos. 11 & 17, 1994 under Article 184 (3) Mehdi Ali Khan and 9 others Vs Govt. of Pakistan, the apex court observed that, "since the geographical location of Northern Areas is very sensitive because it is bordering India, China, Tibet and USSR, and as the above areas in the past have also been treated differently, this court can not decide what type of government should be provided to ensure the compliance with the above mandate of the constitution.
Nor we can direct the petition, the people of Northern Areas should be given
representation in the Parliament at this stage, it may not be in the larger interest of the country because of the fact that a plebiscite under the auspices of the United Nations is to be held. The above questions are to be decided by the parliament and the executive. This court at the most can direct that the proper administrative and
legislative steps should be taken under the constitution..."
At an another occasion Mr. Afzal Khan, the then Minister of Kashmir affairs and Northern Areas stated, "If the opposition wants to give due status to Northern Areas they must come forward, so that we may amend the constitution to make Northern Areas a legal part of Pakistan-"Similarly in another writ petition No. 5961, 1978 in
Lahore High Court, Justice Javaid Iqbal observed "Northern Areas which are administered by the federal government directly are not part of any province. These areas are also not included in the tribal areas list as per 246 of the constitution..." Apart from legal struggle, the people of these areas have formed several political organizations like the Balwaristan National Front, Karakoram National Moment, Gilgit, Baltistan National Alliance etc. These organizations are actively engaged for their fundamental rights as well as for a legitimate place in the ongoing talks of
Kashmir issue.
After repeated discussions in the National Assembly (Parliament) of Pakistan, after lengthy legal debates in the highest courts in the country, after all kinds of deliberations among people of different shades of opinion in Pakistan and outside Pakistan at various platforms during the last 48 years, the fate of the people of Gilgit
and Baltistan is still hanging in air.
They are neither owned as part of Pakistan nor allowed to be owned as part of POK. The recent turmoil in the region on one issue or the other is actually the outcome of the state of mind of those people living in colonial conditions under the rule and ruler attitude of the Pakistan Government. Political critics also term it as the, "Last living
colony." It is said that present Government of Pakistan headed by General Musharraf has now started showing some concerns about the affairs of this strategically important area. Let us hope that this area also finds a place in the ongoing talks, options and opinions as a part of the erstwhile state of Jammu and Kashmir. It will solve not only the problem of uprising in the area but also take care of the legal and constitutional status of the region.
Gaash news team. 
