- Gilgit Baltistan remains in constitutional limbo
By: Rabbia Hayat
Someone rightly said, “Federation envisages a union rather than unity”. An ideal federation happily feeds its units with greater autonomy, and a distinct entity within their sphere. But Gilgit Baltistan has been grasping at straws, even while treated as a non-entity— just like administrative units in a unitary State.
The fate of Gilgit Baltistan is soon going to be decided in elections next month. Meanwhile, GB has been shown as a part of the federation by Pakistan. But in reality, it is a victim of “Doctrine of Colorable Legislation”— due to the dormant role of its legislative assembly. The people of GB have lacked equal representation in the written constitution of Pakistan for decades. Now, religious extremism and ruthless sectarianism have added salt to the people’s injuries.
GB had been riding a political rollercoaster of so-called reforms since its inception. Like that of Z.A Bhutto’s 1974 abolition of the Frontier Crime Regulations, when Gilgit declared Zone E by Zia’s Martial Law, the Legal Framework Order 1994 by Benazir Bhutto, and the failure of the 2018 and 2020 reforms.
However, the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, was finally passed sunfrrPresident Asif Zardari. Interestingly, the Order added more ambiguity to its status by introducing a parallel system of legislation. By virtue of article 33, it created the Gilgit Baltistan Council, with a controversial composition of members. In reality, the Prime Minister enjoys excessive powers as its chairman. The order constituted the GB Assembly under article 35. Meanwhile, if one reads both the legislative lists thoroughly, important matters such as electricity, water etc. are the subjects of the council legislative list. And so, in every important decision, council dominates the GB Assembly. Besides, the Centre had been collecting the revenues in the divisible pool from vehicles, forests, agriculture income, rent of buildings, electricity charges and other indirect taxes ( mentioned in the GB Assembly List; fourth Schedule) by Gilgit. That means, the locals of GB have no actual representation, and the elections are nothing but mere a political play.
GB had been facing legal challenges due to extra-constitutional reforms. It is still a presidential order written on black and white pages with no constitutional binding, which is a major hurdle to introduce reforms. Due to political and parliamentary obstacles, yet, it has not been approved as an act
After the 18th amendment, the center has been distributing revenues between the four provinces through NFC under article 160. These revenues are exactly the same as those mentioned in Council namely, taxes on income, capital value tax; taxes on sales & purchases of goods imported, exported, produced, ad custom duty or consumed and custom duties. Unfortunately, there is no specified share of Gilgit under NFC award because of its non-entity and vacuumed status in 1973 constitution.
Interestingly, article 47(3) gives excusive legislative Powers to the Government of Pakistan to make laws in any matters that is not mentioned in both lists. Taxes on oil, gas and minerals are not mentioned in any of the lists. It is assumed that federal can legislate upon these matters. However, obscurities in laws and political will has shattered the confidence of energy segments in GB. GB has no oil storage and depot facility except one in located in Jaglot. EX-depot pricing formula in oil pricing mechanism includes, petroleum levy, IFEM and dealers’ and distribution margin. Regrettably, locals of the GB have been paying petroleum levy on HSD and petrol to centre as per the Petroleum Products (Petroleum Levy) Ordinance, 1961.
After the 18th Amendment, the Centre is authorized by virtue of Article 70(4) powers to legislate on mineral resources necessary for the generation of nuclear energy. On the other hand, under GB Mineral Policy, 1995, the Centre is authorized to make laws, policies, and to generate basic geological data. This task has been assigned to a state agency, the Geological Survey of Pakistan, to explore the minerals. GB has no control over it. However, the mineral sector of GB pays 1 to 10 percent of the royalty to the Centre. It is imperative to say that the location of GB is geostrategically very importany. Earlier, we have seen India’s claim over it. It is a land embedded in precious resources. But still the Mineral sector is striving under GB’s poor fiscal regime. Mineral processing units rely on electricity and hydel power. Moreover, the roads are poorly constructed, and there is no manpower and energy infrastructure planning in GB.
Due to hilly areas and extreme weather conditions in Gilgit, it is impossible to set up an ideal pipeline and distribution network in GB. Locals in GB preferred LPG for household usage over expensive resources. According to the OGRA petroleum industry report 2017-18, LPG accounts for 1.3 percent of the supply of energy throughout the country. It has 4 to 5 percent regional share amongst all provinces. GB’s domestic consumption stood at 39,754 annual tonnes in the year 2017-18 which is less than the year 2015-16 when it stood at 47,470 annual tonnes. Under new LPG policy 2016, LPG was regulated; hence the LPG became very costly for distributors to supply it throughout the Northern areas because of high freight charges (transportation cost). The reason why energy supply/ chain mechanism is another looming hurdle for Gilgit is that the government also did not pay any heed to initiate any new project to meet energy demands through the utilization of accessible renewable resources.
Apart from the harshest energy situation, the Self-governance Order, 2009, does not contain any provision related to the right to fair trial, the right to education and the right to information. The locals are deprived of schools and good universities. There is no IT infrastructure and technological advancement, and a very a smaller number of judges in the court. Very little has been done due to the lack of resources and the tumbling economy of GB.
Above all, the order is silent on its representation in the major forums such as the Council of Common interest, National Economic Council, National Finance Commission and Supreme Judicial Council. Neither government has made a single attempt to make any like forum for GB, nor have the provinces come up with any unified policy to address the GB’s deteriorating situation.
It is pertinent to mention here that GB had been facing legal challenges due to extra-constitutional reforms. It is still a presidential order written on black and white pages with no constitutional binding, which is a major hurdle to introduce reforms. Due to political and parliamentary obstacles, yet, it has not been approved as an act.
Thus, it is just a hollow piece of paper far from reality of being amended. It is dominated by nothing but the colorable legislation! If GB lacks political ability, legalism, common economic interest, basic principle of distribution of powers, and equality among the component units, then how is Pakistan even a true federation?
