Gilgit-Baltistan Order 2018: A Copy-Paste Bureaucratic Endeavor

By Samina Shah

Good governance in a country could be referred as the best decision making and implementing those decisions to the get better results, where the public institutions could conduct public affairs and to see how to manage the resources in it. The main credentials of being a good governed country there are many aspects which needs to be addressed, who play their roles in making of the entire structure which become the back bone of the country, those activities and interventions are included as, the best of legislation, policy making and devising , budget making, financial management, hiring of the personnel ,procurements , monitoring and evaluation , surveys and researches, public dealing and executing development projects and schemes.  However the stock situation in Gilgit Baltistan in the light of the aforementioned concepts of good governance and democracy is seems to be paralyzed and one foremost reason is the recruitments which are done through nepotism and bribery in the line departments. 

The Assessment of 2009 order of Self-Governance and Empowerment:

• On August 28, 2009, “Gilgit-Baltistan Empowerment and Self-Governance Order, 2009” was introduced through which the people of Gilgit-Baltistan could have their own Governor and Chief Minister with some judicial reforms in a province like status while keeping constitutional rights in oblivion.
• 2009 the Gilgit Baltistan empowerment and self-governance order replaces northern Areas Legal Framework order in 1994, which was incorporate to give its representation with in the country.
• The reform package was a major improvement on previous orders meant to extend limited democratic rights to them.
• Those reforms were half-heartedly welcomed by the people with aspirations that Governance Order 2009 will be a momentous step towards becoming ‘complete Pakistani’ from almost Pakistani in the near future.
• The reform package introduced in 2009, known as Gilgit-Baltistan Empowerment and Self-governance ordinance, gave a little autonomy to the region. Among other things.
• It introduced a local legislative body known as Gilgit-Baltistan Legislative Assembly, whose 24 members are elected on the basis of adult franchise. GBLA has the legislative jurisdiction over 53 subjects.
• A landmark decision was implemented by self-governance reform package for the Northern Areas aimed at giving it full internal autonomy, but without the status of a province, and changed its name to Gilgit-Baltistan.
• Gilgit-Baltistan Assembly will formulate its own Rules of Procedures, while legislation on 61 subjects will be done by a council and an assembly in their respective jurisdictions, the powers of the council
• The government has claimed in 2009 that all stakeholders should take on board prior to getting approval of the ordinance from the cabinet. However, it seems that this has fallen short of the aspirations of the people.
• Northern Areas is not fully included in Pakistan. Its inhabitants have never had any representation in the National Assembly or have been included in the process of decision-making.

Salient features of Gilgit Baltistan order 2018:

The most important points in 2018 GB order are as follow.

Part I Article 5:

• All citizens of Gilgit-Baltistan, his Ordinance will apply wherever they live. As residents of Gilgit-Baltistan living in other countries outside Gilgit-Baltistan, this constitution will be declared the country’s enemy and deceptive actor.

Part II Article 3:

• This Ordinance will not apply to the army, police and agencies.

Part II Article 9:

• People arrested under specific laws will not get legal rights or legal support rights.
• Persons arrested in matters related to integrity, security and defense of Pakistan or Pakistan, matters related to the affairs of Pakistan, the foreign affairs and the affairs of the public and the media.
• The will be kept in force for three months continuously and every three months After that, more than three months will be expanded, and this series will continue for an indefinite period.
• Those arrested in certain circumstances, if authorized authorities want to arrest them, they will be arrested. Authorized authorities also have the option to hide information about the people arrested in specific circumstances. Any person will be terminated as an enemy agent or a country hostile for a period of time. There will be no legal protection for the people of the country declared as enemy.

Part II Article 15, 16, 17:

• Freedom of mobility, freedom of collective freedom, and organization of freedom will only be achieved by the state that will allow this.

Part II Article 19:

• The freedom of speech will be the same as the state will be considered appropriate.

Part II Article 21:

• Religious Freedom Law and Peace Security will be in the boundaries.

Part II Article 24:

• Right ownership and property will also be subject to the state’s influence.

Part II Article 25:

• The government will be entitled to occupy any property that it will not be considered to be a citizen or to make certain people use it to provide facilities.
• The government will pay the compensation for the land acquired in any court.

Article IV Article 41:

• The government of Gilgit-Baltistan will be bound to the instructions of Pakistan’s Prime Minister.

 

Part VI Article 57:

• In Gilgit-Baltistan Assembly, there can be no talk about foreign affairs, defense, internal security issues and judges’ decisions.

Part VII Article 60:

• All the legislation options will be received by Prime Minister of Pakistan and if the Assembly makes any law on which Pakistan’s Prime Minister is not happy then the decision of the Pakistani Prime Minister will be legal and the law of the Gilgit-Baltistan Assembly Will be rejected.

Part VII Article 61:

• The administrative options of the Government of Gilgit-Baltistan will be limited to the outcome of the orders of Pakistan’s Prime Minister.
• Saving Gilgit-Baltistan from internal disaster will be the responsibility of Pakistan’s Prime Minister. And for this purpose, he will use his discretionary options.

Part VII Article 62:

• All the options for the government of Gilgit-Baltistan will be at the discretion of the Pakistani prime minister. The government of Gilgit-Baltistan is not authorized to order the order of Pakistani Prime Minister.
• The government of Gilgit-Baltistan will be bound to the orders and decisions of the Pakistani Prime Minister in law and order and economic and economic matters. 

• Part VII Article 64:
• The government has the power to acquire any land for any purpose within Pakistan, Gilgit-Baltistan. And the government of Gilgit-Baltistan cannot refuse any decision in that case.

Part XI Article 75:

• The Government of Pakistan will have the option to appoint Supreme Court of Judge judges in Gilgit-Baltistan. The options of the appointment of judges and salaries will be with the Pakistani Prime Minister.

Part XI Article 8:

• In Gilgit-Baltistan, the Pakistani Prime Minister will have the option to consolidate judges.

Part XII Article 95:

• Members of the Public Service Commission and the appointment of chairman in Gilgit-Baltistan will receive the Pakistani Prime Minister.

Part XIII Article 97:

• Election Commissioner’s appointment to Gilgit-Baltistan will be given to Prime Minister Pakistan.
• Part XIV Article 98:
• The appointment of Auditor General in Gilgit-Baltistan will be directed on the Pakistani Prime Minister and will determine the terms of his work by the Prime Minister of Pakistan.
• The Prime Minister will also appoint the determination of the options and scope of the auditorium.

Part XVI Article 102:

• The Pakistani Prime Minister has the power to enforce Emergency, based on the internal disaster etc. in Gilgit-Baltistan. On the implementation of emergency, all administrative options of the government of Gilgit-Baltistan will be transferred to the Pakistani Prime Minister. Who will use them or give administrative instructions to the governor.

Part XVI Article 103:

• On the implementation of emergency, all basic human and legal rights of citizens of Gilgit-Baltistan will end.

Part XVI Article 104:

• The decision of the Pakistani Prime Minister to implement Emergency in Gilgit-Baltistan will not be challenged in any court.

Part XVI Article 105:

• The Pakistani prime minister will also have the option to implement financial emergency in Gilgit-Baltistan and in such cases the salaries and benefits of employees of Gilgit-Baltistan will also be reduced.

Part XVII Article 107:

• The Pakistani prime minister will have the authority to give public forgiveness to government employees working in Gilgit-Baltistan

Part XVII Article 108:

• The steps taken by the Pakistani Prime Minister, or the Government of Gilgit-Baltistan’s government’s duties, will not be challenged in any court proceedings. Nor can any criminal or civil legal action be taken against his Pakistani government against the Pakistani Prime Minister and the Governor of Gilgit-Baltistan.

Part XVII Article 113:

• The Pakistani Prime Minister will have the option to establish special courts in Gilgit-Baltistan and to punish the accused.
• In order to empower the Council and the Assembly on financial matters, there shall be a Council Consolidated Fund under Article 54 of the Constitution, and Gilgit-Baltistan Consolidated Fund under Article 55.
• A detailed item-wise budget shall be presented before the Gilgit-Baltistan Assembly and shall accordingly be voted upon under Article 56. 

The schedules of the order self-governance and empowerment 2018:

First Schedule:

Governor, Chief Minister, Assembly Speaker, Deputy Speaker, Members of Parliament, Member Assembly, Supreme Court, High Court Judge, Auditor General and Government Advisor will make oaths with the Pakistan and Pakistan constitution, preserving loyalty and constitution of Pakistan. Will be given

The Election Commissioner will also pledge his loyalty with the Constitution of Pakistan in his oath.

Third Schedule:

It is mentioned in the 62 fields on which the legislative authority will get the Pakistani Prime Minister instead of the assembly of Gilgit-Baltistan. This list includes all the important issues of the superior government of Gilgit-Baltistan. As Gilgit-Baltistan will be the Prime Minister of power and legislation, the Chashma is the Prime Minister. From citizenship determination, control of political movements, postal system, waste management, public savings, government financial control, public service commission, pension, ombudsman, libraries, museums, research, technical training, administrative courts,

education, training in foreign countries, minerals and minerals required for it, border trade matters, air and sea traffic issues, property rights of inventions and innovations, cultivation of opium, national bank, currency and banking system, all external All matters of trade, insurance system, industrial and commercial corporations, stock markets, economic plans, external trade agreements and consultations, issues related to national roads and major roads, fish industry, federal government work and buildings Issues, all types of surveys, determination of ozone scales, mortgage matters, customs duty and other import and export tax, police matters and use of excise duty, minerals, natural gas, establishing industries, movements of prisoners, Pakistan’s integrity issues and For this purpose, establishment of police and other institutions, all matters relating to electricity and damages, newspapers, books and printing press affairs, curriculum assessment and quality of education, filmmaking, border trade control, legal, medical and other professional fields Matters related to ‘higher education’ and its quality, items of movement and tax matters, national economic planning, cases of determination of fees, court scope and options of options, benevolence issues, lawful issues, statistics of matters and besides Prime Minister Pakistan Instead of the assembly of Gilgit-Baltistan, the right to legislation will be to the prime minister of Pakistan.

In this schedule, details of Pakistan’s quota are listed in government jobs of Gilgit-Baltistan. Which is like this:

18% of the total jobs

Grade 17 Grade 18%

30% in Pakistan

40% in grade 19

50% in grade 20 And 60% of Pakistan’s grade 21 Will be posted

The judicial authority will not be able to check any violations of the fundamental rights of the Gilgit Baltistan people. Therefore, Part II of the order, on fundamental rights and principles of policy, remains without the necessary legislative and judicial force needed to enforce them.

Conclusion:

Apparently, GB Order 2018 looks like a hurriedly done cut and paste bureaucratic assignment from Constitution of Pakistan and Governance from the Order 2009. What is new intervention provisions are such that it has renamed the GB Legislative Assembly into GB Assembly with an additional definition of citizen from GB domicile holders in previous order to GB domicile holders as well as those who hold citizenship under Pakistan Citizenship Act 1951, which makes every citizen of Pakistan a citizen of GB. Article 5 of the GB Order 2018 requires inviolable obligation of every citizen to remain obedient to the order contrary to Article 7, of the draft which also requires the loyalty with the state. The definition of State under Article 7 has been changed as to definition of the Government in the new order which means the “Prime Minister, the Government, the Assembly, and such other local or other authorities in Gilgit-Baltistan as are by law empowered to impose any tax or ”.

Important issues of GB in the recent times are the acquisition of land and imposition of taxes against which massive and unprecedented protests were observed in GB and across Pakistan due to which the government was forced to retreat. As far Judicature is concerned, apparently no any lawyer from GB can become Judge in the Supreme Appellate Court because the criteria for the appointment Judges. This criterion has already been rejected by the Bar Councils. The Judges of the Supreme Appellate Court are to be appointed by the Prime Minister and they have no authority over the actions and orders of the Prime Minister. Moreover, the judges of the Supreme Appellate Court will not be entitled to pension related benefits.

No taxation without representation’. Events hint at the popular feeling of discontent and political disempowerment to which Gilgit-Baltistan has been subjected over the past seven decades and if this could be approved it will only amplify the grievances.

However, it has sparked a very hot debate in the entire region, terming the new order and the package the NSC provided where the prime minister is the centric. The prime minister will have the final authority on legislation and policies of the government, he will levy taxes and no mandate in the order can be issue against him, he will enjoy all powers in GB as he cannot enjoy in the other provinces and moreover no one can challenge the question of validity of this order.

The leadership in Gilgit Baltistan and all the citizens oppose this order and they consider this package as they are imposing a black colonial law on already depressed people of GB, it is basically the reward of our 70 years of allegiance to Pakistan we had and now national Security Council is pushing us back to our slavery again.

Our orientation is being suppressed by elite rule and making us the most vulnerable region.

The contributor works as a research assistant at Center for Global and Strategic Studies.