[Discussion] The Gilgit – Baltistan Order: would GBLA matter?
Dear readers
Lost in the noise of elections, many of us may not have had the time to study the presidential order under which Gilgit – Baltistan Legislative Assembly (GBLA) would be functioning.
Skeptics say that “the order”, lacking any constitutional protection, doesn’t have any significance for our region.
Others argue that by making the distinction between Kashmir, Pakistan and Gilgit – Baltistan clearer, the issue of identity has been resolved, to a major extent.
The administrative and judicial reforms are also being counted as positive aspects of the “Empowerment Order”.
While some may think that it’s too late to discuss it, I truly think that we all need to read and understand this document to fully comprehend the capacities and incapacities of the assembly that people of the region have voted for.
Click HERE to download pdf version of the document. Study it, in detail, and then let’s discuss.
Noor
Well i guess if we define a pattern for discussion it would be better. open ended will be less focussed and ineffective to comprehend the document.
my suggestion is that we go article by article; one clause per day to discuss, in comparison to constitution of Pakistan..
Regards.
It is a good idea. I had already given my brief comments based on my information from the print media. However, we should read the document first and give self contained comments.
I think we must read this artical as well before commenting on GBLA matters
http://arjimandtalib.blogspot.com/2009/09/jinnah-and-gilgit.html
Thank you Mr. Adil for your brilliant idea. In my opinion going article by article would be a long and tiresome process. We have no objection on most of the articles like vote of no confidence motion against chief minister or freedom of trade, profession etc and the like. The article we should discuss is why the GB Council has vast powers as against the GB Legislative Assembly, the size of the Assembly and why the governor is more powerful than the elected chief minister.
This is really good to share with the newly elected members from GB. They are well educated and they have to read in detail that, tomorrow they should not stay at :SEVEN BROTHER HOTEL RAJA BAZAR” KNOW THEIR PROTOCOAL AND OBLIGATIONS .
THIS QUESTION IS KIDDING ME WHY THE GOVERNOR IS MORE POWER FUL THEN THE CHIEF MINISTER-WHILE THE CHIEF MINISTER IS SELECTED BY THE PEOPLE.
IF WE ALL DEFINE IN A VERY ATTRACTING WORDS THAT DEMOCRACY-FOR THE PEOPLE, FROM THE PEOPLE, WHY THIS LOKONA— IS THERE????
ADAA TETER ADAA BATEER WILL NOT MACH WITH THE DREAM OF THE PEOPLE OF GB.
HOWEVER, THANKS TO THE PPP GOVERNMENT, SOME THING IS BETTER THEN NOTHING————
Thanks Noor for asking readres for the comments of G-B order.
I wish the draft order could have been discussed a before it was finalized which could have attracted broader participation in the ownership. However, I did read the document- firstly it appears gender- blind. third person singular mentioned always is HE.
Secondly, Council verses LA of G-B. Creating an addition layer of red tapism will not help the LA to undertake its function. composition of the council – 8 ( non elected from G-B ) and 7 ( elected from G-B) of members, the ratio does not reflect the essence of self governance intentions.
Powers of the chairnam of the council appears to be infenity!!
Participation of people in the needs assessment, planning and budgeting exercises are completing missing.
I guess it needs to be debated more but I believe the comments may not have any impact immidiatly on policy decision. We will learn lessons in the course of its implementation and may be be reviwed in the future with course corrections to demonstrate true sense of self governance objectived.
Darjat
Dear Uncle Darjat, where the word he is used it also includes she. It is understood in any law which is made that the word he will be used for both male and female and any gender discrimination is not intented by the use of it.
Dear Noor
Cursory look at the package indicates that the most powerful institution created by the package is PART-V- “GILGIT_BALTISTAN COUNCIL”,which will function under the chairmanship of the Prime Minister and the Governor who is a nominee of the Federal Government will be its vice-chairman. Besides, there would be nominated six to seven members from amongst the Fedarl Ministers including Minister of Kashmir Affairs as Minister Incharge of the Council and members of the parliament. The remaining 6 members will be elected by the Assembly and Chief Minister will also be one of the mmbers. It shows that the package is heavily biased in favor of Federal Government. This could be due to the fact that Gilgit- Baltistan has not been declared as full fledged Province. This would require amendment in the constitution.
We should look at the package as a makeshift arrangement,albeit; a first step in the right direction. At least the area would be full province whenever it happens. However, our identity has been determined and no other party can claim the area. Menawhile,we should make the best of whatever has been provided to us. Onerous responsibility lies on the shoulders of our leaders. Politics in Pakistan is characterised by corruption, nepotism,cronism and many ills. Our politicians should shun these bad habits and practice honest politics for the benefit of the people of G-B.
Excerpt and an analysis
“Extent of Executive Authority of Government.-
(1) Subject to this Order, the executive authority of the Government shall extend to the matters with respect to which the Assembly has power to make laws.
(2) The executive authority of the Government shall be so exercised as to secure compliance with the laws made by the Council and Pakistan laws.
(3) Notwithstanding anything contained in this Order, the
Government may with the consent of the Council, entrust, either conditionally or unconditionally, to the Council, or to its officers functions in relation to any matter which the executive authority of the Government extends”.
This is very important to be clarified, since assembly has 61subjects for legislation, this means the CM will have limited authority and rest will be done, by virtue of, (3) above mentioned article, the secretary GB council will have the authority. and Minister KANA will be the in charge of Council secretariat
I.e. 37 (12). (12) “The executive authority of the Council shall extend to all matters with respect to which the Council has power to make laws and shall be exercised, in the name of the Council, by the Chairman who may act either directly or through the Secretariat of the Council of which Federal Minister for
Kashmir Affairs and Gilgit-Baltistan shall be in charge”
This in my opinion is not autonomy.