Monday, September 14, 2015

What Is the Legal Basis of Pakistan's Control over Gilgit Baltistan: Some Questions Addressed To the Pakistani Occupation Regime of Gilgit Baltistan

By Abdul Hamid Khan
12 September, 2015
Chairman (Balawaristan National Front (BNF)
12 September 2015
1. Is it not true that the members of the so-called GBLA have never elected their Chief Minister and the only power to elect the Chief Minster and other Ministers rests with the Prime Minister of Pakistan in conjunction with the recommendation of Pakistan Army and its intelligence agency?
2. Is it not true that after Pakistani occupation regime’s appointed DSP (Deputy Superintendent of Police), Babar Khan, had killed an innocent father and son in Hunza, you not only awarded life imprisonment to those who were protesting against these killings, but also awarded the culprit officer a promotion, just because he had killed GB citizens who were not Pakistanis?
3. Is it not true that you did not bring a single culprit to justice who had killed peaceful protestors in Chilas, at the occasion when they were protesting against the forceful occupation of their land for the construction of Diamar Bhasha Dam?
4. Is this not your track record that you have been protecting the killers who were involved in the killing of innocent passengers who were travelling by KKH, but you never bothered to arrest the terrorists in spite of eye-witnesses and clear video footage evidence? However, you were in great hurry in arresting the killers when Chinese citizens were killed.
5. Is it not your actual definition of terrorism, where you framed political leaders and activists as terrorists on 4th June 2015 when they wanted to present a memorandum to the UN Military Observers for India and Pakistan (stationed at Jutial, Gilgit) against the fake elections and so-called China Pakistani economic corridor?
6. Is it not true that you have established a court in Gilgit solely for the purpose of taking revenge against nationalist political opponents, on one hand by conveniently labeling them as terrorists and on the other hand by protecting your dearly nurtured terrorists to freely target these opponents on the basis of their faith and ideology?
7. Is it not true that your Punjab Rangers, FC and Intelligence Agency, have been taking those culprits to Pakistan who were directly involved in sectarian wall-chalking as well as killing innocent people in Gilgit for a long time? 
8. Is it not true that your Rangers and FC have been involved in killing and torturing innocent people of Gilgit Baltistan and have helped in the escaping of Pakistani killers from Jail and Police custody?
8.a Is it not true that ISI has been also involved in kidnapping, torturing, and then killing and dumping the bodies in Police stations in its underground torture cell on Helipad near Gilgit Airport?
9. Is it not true that you had sold an entire part of our land (7000 Sq Km of Shoomshaal, Hunza) to China in 1963, without even consulting our people?
10. Is it not true that you stopped the owners of Land in Astore from selling their valuable shrubs and herbs in the market, and your corrupt officials snatched all the products from them?
11. Is it not true that you violated the 1952 Agreement of Jungle made with the people of Darel, Tangir, etc. in which you had accepted their ownership of Jungle, but later you snatched more than 90% of all the value of Jungle and gave only a meagre amount to the owners? Is this because of your corruption or is it a breach of agreement?
12. Why have you given all the key posts to Pakistani nationals and not even a single person from this disputed land is given such jobs? Is it because of mistrust or discrimination?
13. Why do you not permit Journalists from GB, to attend any high level program by allowing only your own Citizens?
14. Why do you not permit GB leaders to sit along with your high officials including President, Prime Minister, and Chief of Army, on the occasions when they visit your colony (Gilgit Baltistan is Pakistani colony of 21st Century)?  Is it because of your mistrust, disregard, or fear?
 Pakistan’s Serious Lapse In Implementing Uncip Resolutions
We, the indigenous people (excluding the Pakistani, Afghan, and Chinese settlers) of Gilgit Baltistan seek answers from Pakistan.
1. If an accession was indeed legitimately signed by both Pakistan and any representative/representatives of Gilgit Baltistan, why then, to this date, the status of GB is still disputed in the UN?
2. Why did Pakistan sign an agreement, in Karachi on 28 April 1949, with two Kashmiri leaders by deliberately keeping the people of GB in the dark?
3. Why are Nagir and Hunza States still disputed like the rest of Gilgit Baltistan and J&K, if Mir of Nagir and Mir of Hunza’s so-called accession had any authenticity or legal value in the eyes of Pakistan or in the UN?
4. What is the true legality of Karachi agreement which was completely concocted without taking into account the actual owners of Gilgit Baltistan (2 million indigenous people)? Isn't that an obvious instance of state-directed fraud committed by Pakistan?
5a. Why Karachi Agreement was signed on the very same date, when UNCIP had passed Truce Terms on 28th April 1949 to withdraw all Pakistani civilians and Forces and bulk of Indian Forces from the whole J&K including GB. Isn't this agreement an outright violation of the Truce Terms, and implies ridiculing of the UN?
5. Why does Pakistan consider Political activities by nationalist leaders of Gilgit Baltistan as sedition, in spite of the fact that GB is still disputed as per UNCIP, and on top of that PHGB has not even been included in the constitution of Pakistan? Hence, on what legal grounds can Pakistani regime impose sedition charges against the citizens of Gilgit Baltistan who are not Pakistani citizens as per Pakistan's own constitution, and also as per Pakistan’s illicitly imposed, so-called, Empowerment Package of 2009?
6. Why has Pakistan made an agreement with China regarding the land of this disputed area without the will of its people, without even administering a plebiscite or referendum as per the UN mandated requirement?
6a. Which law had authorized ZA Bhutto to abolish the traditional system of GB in 1974, while he was not approved by the people of GB through any vote? Pakistani parliament did not have any authority in the past, nor does it have any authority now, to pass any law over GB. Citizens of GB are not Pakistani citizens according to Pakistan's own constitution, and more importantly, according to the UN.
7.  If Pakistan’s stand on Kashmir was genuinely sincere, why did it not keep its words by withdrawing its civilians and forces from PHGB and PHJK, as per UNCIP resolutions of 28th April 1949, within 3 months of striking the agreement?
8.  Do PHGB citizens have any right to vote to elect their own representatives, to enact laws/ordinances/notifications etc, about matters related to PHGB, like Pakistani Members of Parliament and its designated officials do?
9. Why have Pakistanis snatched our land, natural resources, including our mines, forest, herbs and shrubs, and even the basic rights of equal opportunity from the indigenous employees / service men and women, even after the imposition of a new package drama introduced in 2009?
10.  How many native citizens of Gilgit Baltistan have been deputed as high-ranking officials within any of the Pakistan's four provinces in comparison to the native Pakistani citizens deputed in PHGB (Pakistan Held Gilgit Baltistan)?
11. How much area of land has been allotted to the citizens of PHGB within all the four provinces of Pakistan as compared to the land allotted to Pakistani citizens in PHGB?
12. How much power the citizens of PHGB officials are allowed to exercise as compared to that of Pakistan's citizens in similar positions deputed in GB?
13.  Does GBLA (Gilgit Baltistan Legislative Assembly) enjoy the same powers as compared to any of the constituent assemblies of the four Provinces of Pakistan?
Is it also not true that Pakistan has only escalated the occupation process by increasing the deployment of Pakistani troops in GB by many folds, after the so-called empowerment package of 2009?
14. Is a governor belonging to PHGB entitled to the same adjudication powers as that of one imposed from Pakistan?
15. Do the Pakistani bureaucrats obey GBLA and its Chief Minister in the same manner as they obey the respective Chief Ministers of Punjab and other Pakistani provinces?
16. Why is GBLA (Gilgit Baltistan Legislative Assembly) not even entitled to powers at par with, at least, the Municipal Corporation of any major Pakistani city, if it is to be really regarded a Legislative Assembly in any sense?
17. Moreover, why does GBLA submit all its resolutions to the Ministry of Kashmir Affairs, if it really is a "legislative" body as purported by the deceptive nomenclature?
17a. Is it not true that the members of the so-called GBLA have never elected their Chief Minister and the only power to elect the Chief Minster and other Ministers rests with the Prime Minister of Pakistan in conjunction with the sole recommendations of Pakistan Army and its intelligence agency?
18.  Why are people of GB always compelled to vote for people who have affiliation with Pakistani ruling parties, if elections are really conducted in a fair, impartial manner with no threats?
19.  Why does Pakistan equate political activities of the people of PHGB to terrorism?
20. Why even on the meager posts in GB Police (Deputy Superintendent of Police) and Administration (Assistant Commissioners) citizens of Pakistan have been deputed overwhelmingly, even after implementation of the over-hyped, so-called, Empowerment Package of 2009?
21.  Why are the rights to promotion of indigenous Police Officers, Administration, and Military officials being persistently violated?
22.  Why citizens of Gilgit Baltistan are never entrusted by Pakistani Civil and Military regimes, with appointments such as FCNA, IGP, Chief Judge of Supreme Appellate Court, Chief Secretary, and not even for the Post of home secretary?
23.  Why are Pakistani settlers being protected by Pakistani forces and administration in clear violation of State Subject Rule, while the indigenous people are kept under a constant threat from Pakistani forces, its intelligence agencies, and Pakistani Rangers?
24.  Is it an assigned duty of Pakistani security forces and its intelligence agency to create insecurity and fear in the indigenous people, so they may loose their courage to pose any challenge to the occupation regime?
25.  We have witnessed in our past that Pakistan Army, headed by General Zia, used Afghan and Pakistani terrorists against us during the 1988 genocide. Now, can the people of PHGB really trust Pakistani Security Forces with providing us the necessary protection against the impending threat from the Talibaan / Al-Qaida or ISIS from Afghanistan side or elsewhere?
26.  Is there any guarantee, at all, that Pakistani regime and its Security forces will not repeat such a heinous Crime against the indigenous people of Gilgit Baltistan in the manner they did in 1988?
27.  Why did Pakistan ban Gilgit Scouts - the historic regiment which had freed Gilgit Baltistan from the occupation of Moharaja of J&K?
28.  Why did Pakistani regime demolish the historic GS (Gilgit Scouts) Cantonment in Gilgit town, destroyed all their historical evidence, and subsequently replaced it by constructing a Market exclusively for Pathan merchants?
29.  Why ZA Bhutto injected sectarian cancer against the exemplary religious harmony and unity prevalent among the people of Gilgit Baltistan, after the people had broken Gilgit Jail to free political prisoners in 1971?
30. Is it not true that ZA Bhutto had snatched our freedom within Gilgit Baltistan by introducing a new drama in 1974 and by imposing Pakistanis without consulting even a single person from GB? This conspiracy of abolition of Rajgi System outright demolished the State Subject Rule and opened the gates wide for settling Pakistani, Afghani and Chinese citizens. The State Subject Rule is strictly honoured by the government of India in its controlled J&K (headquarters: Srinagar), and Pakistan also honours it in its controlled J&K (headquarters: Muzzafarabad).
The ground reality is that Pakistan has settled its own nationals, besides Afghan, Chinese and other nationals by thousand folds, to change the demography on one side and multiplied its Army, Para Military and Punjab rangers on the other. After demolishing Gilgit Scouts Pakistan also punished the NLI by sending them to the civil war zones in Pakistan after 1999 Kargil war, when NLI demonstrated tremendous bravery against Indian Army. Due to their courageous acts of bravery in the war, Pakistan Army headed by General Musharraf realised the threat of keeping NLI within GB and subsequently displaced NLI from GILGIT BALTISTAN and dispatched them to the deeply troubled areas of Pakistan. Before the deployment of NLI to these areas more than 4000 personnel of Pakistan Army had surrendered before Talibaan. In contrast, the NLI has also demonstrated their remarkable bravery in Waziristan, as well as in Swat, fighting against the Talibaan.  It is an outstanding fact that not even a single soldier of NLI has surrendered to the Taliban so far, on the very contrary to what Pakistan Army members did. In spite of such unparalleled bravery,  all the high ranking posts in the Military (above the ranks of Brigadiers ) are meant for Punjabis followed by Pathans, but not for the brave soldiers of GB.
Finally, it is the birthright of the people of PHGB to ask from Pakistani President/ Prime Minister, its Parliament, its Judiciary, and Military: which Pakistani or UN code of law allows Pakistan to rule and apply its own laws, depriving the 2 million indigenous people of Gilgit Baltistan of all their basic human rights, the right to Justice, right of vote (except local bodies, which is GBLA) to elect for parliament to make laws for them, right to cultural safeguard, right of free speech, right to peaceful assembly, and the right of ownership to their own land and resources? All those rights which have been given to the whole world by UN under Universal Declaration of Human Rights are 100 percent denied to the indigenous people of GB under Pakistani occupation.
What Is The Legal Basis of Pakistan's Control Over Gilgit Baltistan?
Does Pakistan accept the right of GB people to ask questions and demand answers, or is you (Pakistan) above your own constitution and you have decided to continue dishonouring International law and UNCIP resolutions?
Do you have any example to point out in the whole world history or from UNCIP or International law, which allows any government to impose laws on citizens other than its own? Why did USA not impose its own law over Afghanistan and Iraq after occupation? Why did USSR not impose its own laws over Afghanistan after occupation? Which rule of accepted law allows Pakistanis to impose their own laws (made by their own parliament, consisting of 4 provinces and 8 tribal regions) on GB which is clearly outside the legal jurisdiction of its constitution? The 2 million people of GB are not voters in electing members of Pakistani parliament, because GB is disputed like J&K and the people of GB are not Pakistani citizens.  This fact has been accepted by government of Pakistan itself in the UN and mentioned in its imposed package of 2009. That empowerment package of 9th Sept 2009 PART I, PRELIMINARY 2 Definition: (b) “Citizen” unless otherwise expressed in this order “CITIZEN” means a person who has a domicile of Gilgit Baltistan”. It means constitution of Pakistan also acknowledges the disputed status of Gilgit Baltistan, not as part of Pakistan. In such clear situation what is the justification of imposing Pakistani laws and issuing Pakistani passport and Identity Cards, stamped as Government of Pakistan? Doesn't this signify fraud, cheating, and clearly amount to carrying out state-orchestrated lies?
 On what basis government of Pakistan has made its agreement to sell Gilgit Baltistan to China by signing the so-called Economic Corridor without taking into account the will of 2 million people and without even consulting the UN? There is no way for China (a permanent member of UNSC) and Pakistan to make any legitimate agreement on behalf of the people of Gilgit Baltistan to dangerously alter its demography by constructing huge dams, railways without explicit permission of the 2 million indigenous people. This conspiracy of both China and Pakistan is not only for economic reasons but it's rather designed to occupy this region and beyond by deputing huge number of Military and secret service agencies, which will pose as persistent threat to the very existence of 2 million indigenous people of GB. The only way to ask the will and permission of the people is a referendum under UN supervision. It’s also an obligation of China being a permanent member of UN Security Council besides Pakistan to honour UN and UNSC resolutions of 13th August 1949, 5th January 1949 and 28th April 1949 regarding Gilgit Baltistan.
Abdul Hamid Khan
Balawaristan National Front (BNF)
Head Office: Majini Mahla, Gilgit, Balawaristan (Pakistan & China Occupied Gilgit Baltistan)

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