In the name
of development, massive efforts are taking place to change the
geo-political scenario at high mountains of Himalayan region. Pakistan
is playing a major role here because it has an illegal possession on
northern frontiers of Indian soil. Chinese also have their interests in
this land. Both the countries join hands to exploit this haven on the
earth, and made the life of the people living here like the hell.
Among the
major development projects in Pakistan in which the Chinese have been
involved till now are the construction of an international commercial
port cum naval base in Gwadar on the Makran coast in Balochistan and the
upgradation of the Karakoram Highway connecting the Xinjiang province
of China with Pakistan via the Northern Areas (Gilgit and Baltistan) in
the North-West Frontier Province.
The
Pakistanis, since the days of General Pervez Musharraf have repeatedly
sought Chinese assistance for the construction of a petrochemical
complex at Gwadar and oil and gas pipelines and a railway line
connecting Gwadar with the Xinjiang province. The Chinese interest in
participating in development projects in Pakistan is presently confined
to Pakistan-occupied Kashmir including the Northern Areas.
The
Karakoram Highway was originally constructed with Chinese assistance
with the participation of Chinese engineers. For the last 10 years it
has been in a bad state of repairs due to poor maintenance by Pakistani
engineers. The signing of an MOU for the construction of a dam at Bunji
in the Astore district of the Northern Areas by officials of Pakistan's
Ministry of Water and Power and China's Three Gorges Project
Corporation. The dam,one of the eight hydel projects short-listed for
construction will have a capacity of generating 7,000 megawatts of
electricity.
Zardari
attended a presentation on small and medium sized dams, water
conservation and irrigation by the Zhejiang Design Institute of Water
Conservancy and Hydroelectric Power. Li Yueming, the president of the
institute, said they had carried out feasibility studies of a couple of
medium-sized dams in PoK. Shakeel Durrani, chairman of the WAPDA, who
was present on the occasion, said that Chinese companies were already
working on a number of hydel projects in
Pakistan, including Neelum-Jhelum and Gomal Zam and the raising of the
height of the Mangla dam in PoK. He said the institute would be invited
to bid for the construction of 12 smalldams.
The State
was partitioned after the war between India and Pakistan and puppet
rulers of Pakistani Administered Kashmir signed away vast areas of
Gilgit Baltistan to their political bosses in Islamabad; and limited
their interest to the area known as Azad Kashmir. Since 1947 bureaucrats
and secret agencies of Pakistan ruled Gilgit-Baltistan with an iron
fist.
The party
(Muslim Conference) that signed that ignominious treaty with Pakistani
rulers had no branches or even a single member in the areas of Gilgit
Baltistan. One wonders what moral or legal justification they had to
sign that treaty and leave the people of 28 thousand Square miles at the
mercy of oppressive and imperialist minded bureaucrats of Pakistan.
After
signing this agreement, Muslim Conference leaders and rulers of Azad
Kashmir almost forgot about the plight of the people of Gilgit
Baltistan; and confined their rule and interest to the territory of Azad
Kashmir.
For the
first time in the past 63 years, rulers of Pakistani Administered
Kashmir were allowed to visit Gilgit Baltistan. When there was some
ambiguity regarding the legal status of these areas, Islamabad did not
allow any ruler of Azad Kashmir to visit Gilgit Baltistan. In September
2009, Pakistan unilaterally and against bilateral and international
covenants on Kashmir changed legal status of these areas and drastically
made them a province of Pakistan.
So, as far
as Islamabad was concerned they have allowed the Prime Minister and the
President of Azad Kashmir to visit a 'Pakistani province'.The question
is how do people of Jammu and Kashmir and All Parties Hurriyet
Conference, who claim to represent all the Kashmiris think of this? Are
they too frightened to speak about Gilgit Baltistan because their
political masters in Islamabad could get angry? In any case, the
leadership of APHC have myopic view of the struggle and want to see
everything with the lenses of religion and their influence is restricted
to some sub districts of the Valley.
In this
rooftop of the world, as many as 33 peaks rise 24,000 feet, the borders
of five countries lie in close proximity-Pakistan, China, India, Russia
and Afghanistan. India is concerned about vast logistical network
developed by China impinging on the country's security in the western
sector through Aksai Chin and PoK (Pakistan occupied Kashmir). As there
is no comparable road network anywhere else in the world with such a
high degree of military importance, it is not surprising that thousands
of Chinese and Pakistani troops are engaged more or less permanently on
either side of the Karakoram to maintain it. China is in control of a
portion of erstwhile Jammu and Kashmir.
The Azad
Jammu and Kashmir Interim Constitution Act 1974 oblige all leaders from
the President down and all legislators to swear loyalty to the cause of
accession of the state of Jammu and Kashmir to Pakistan." Islam is the
State religion (Article 3). The President and Prime Minister must be
Muslim.
The right of freedom of association is restricted. Article 7(2)
says:
No person
or political party in Azad Jammu and Kashmir shall be permitted to
propagate against or take part in activities prejudicial or detrimental
to the ideology of the State's accession to Pakistan.
If one go through the documents, the UN Commission for India and Pakistan (UNCIP) adopted a resolution
embodying its proposals for a settlement. On December 11,1948 the UNCIP
offered proposals in amplification of the first to provide for a
plebiscite. Both sides accepted it.
They were formally embodied in its resolution of January 5 1949.
According it, while the tribesmen from Pakistan and Pakistan's troops were to be withdrawn completely,
India was to withdraw only the bulk of its forces retaining some "to
assist local authorities in the observance of law and order".
Accordingly the resolution provided that the government of the State of
Jammu and Kashmir will safeguard law and order and that human and
political right will be respected. This is clear recognition of the
legality of Kashmir's accession to India, India's external sovereignty
over the State and the legal authority of the Government of the State.
Though, the exercise was meaningless because Pakistan refused to
withdraw its forces from the occupied territory.
In utter
disregard of the UN resolutions by which it swears, Pakistan imposed a
new regime on POK on June 21 1952. Rules of Business were presented on
October 28. Rule 5 said: The President of Azad Kashmir Government shall
hold office during the pleasure of the All Jammu and Kashmir Muslim
Conference duly recognized as such by the Government of Pakistan in the
Ministry of Kashmir Affairs.
POK is
firmly riveted to Pakistan's control through the Azad Jammu and Kashmir
Council. It is presided over by the Prime Minister of Pakistan and
comprises his five nominees and The President and Prime Minister of POK
with six representatives of the POK Assembly elected by proportional
representation. In December 1993 the blasphemy laws of Pakistan were
extended to the POK. The northern parts of the State have been
dismembered from the POK and their status as part of the state
questioned. They are ruled directly through a chief executive, appointed
by Islamabad with a 26-member Northern Areas Council. The people have
never seen elections or enjoyed human rights.
The State's
accession to India has never been challenged by the UN Commission for
India and Pakistan or the Security Council. As early as 4 February,
1948, the US Representative in the Security Council declared: "External
sovereignty of Jammu and Kashmir is no longer under the control of the
Maharaja. With the accession of Jammu and Kashmir to India, this foreign
sovereignty went over to India and is exercised by India and that is
how India happens to behere as a petitioner."
Similarly, the representative of the USSR said at the 765th meeting of the Security Council:
"The
question of Kashmir has been settled by the people of Kashmir
themselves. They decided that Kashmir is an integral part of the
Republic of India."
The legal
adviser to the UN Commission came to the conclusion that the State's
accession was legal and could not be questioned. This fact was further
recognized by the UN Commission in its report submitted to the UN in
defining its resolutions of 13 August, 1948, and 5 January, 1949. Both
these resolutions were accepted by India and Pakistan.
The UN
Commission resolutions have become obsolete. This view was expressed by
the UN Commission itself as far back as 1949, and has been reiterated by
Dr. Jarring and Dr. Graham,both UN representatives. Passage of time,
change of circumstances, and Pakistan's repeated and continuing
violations, have ruled out all possibility of implementing them.
Pakistan
tried to impose a military solution by launching a war against India in
1965. The pattern was familiar. Massive infiltration was followed by
invasion of Indian Territory on September 1, 1965.
After the
war, bilateral talks were held in June/July 1972. Under the terms of
this Agreement, the two countries undertook to resolve all differences
bilaterally. Pakistan, through its commitment in the Agreement agreed to
shift once for all the entire Kashmir question from the UN to the
bilateral plane.
Gilgit and Baltistan of Pok are gateway to central Asia for India and southeastern countries, similarly it is gateway for central Asian countries to India, South east Asia and China.
Basically
it is a strategic junction full with natural resources. Demography of
POK has been systematically changed over past 6 decades with more of
punjabis residing there along with retired Pakistan Army personnel’s.
The dignity
of the Indian state would never allow it to compromise with any
dilution of its integrity. India has kept the doors open to a dialogue
with Pakistan, despite the latter's obduracy. But the offer of a
dialogue should not in any way lead Pakistan into believing that India
and its people do not have the innate strength and resilience to
confront any territorial ambitions that Pakistan may nurture in Jammu
and Kashmir.
Pakistan
ought to realize that the contours of a solution after six decades will
necessarily be different than those that were envisaged in 1948-49 given
Pakistan's concept of selective self-determination. Neither plebiscite
nor independence can now be contemplated. It is not beyond the wit of
man to devise a solution which satisfies the aspirations of the people
within the Indian Union, and redresses the wrongs, if any, they have
suffered.