PH UK decides to challenge Gilgit-Baltistan constititoonal package

LONDON (SANA): Non-Governmental Organizations Alliance for Protection of Human Rights United Kingdom (NAPHR UK) and Jammu Kashmir Council for Human Rights have rejected the Gilgit-Baltistan Empowerment and Self-Governance Order 2009.

Meanwhile the Alliance for the Protection of Human Rights Organizations has decided to challenge the said act in the courts of Pakistan and Azad Jammu and Kashmir.

This was decided in a meeting of NAPHRUK – NGO Alliance for the Protection of Human Rights UK was held here at JKCHR – Jammu and Kashmir Council for Human Rights head office in London on 15 September 2009 to discuss the merits of Gilgit-Baltistan

Empowerment and Self-Governance Order 2009 signed by the President of Pakistan Asif Ali Zardari on Monday 7 September 2009.

The meeting noted that it is unfortunate that the Government of Pakistan had continued to misinform the people of Pakistan and the world community in regard to the process and quality of life in all disciplines of public life in Gilgit and Baltistan for the last 60 years.

Therefore, all Governments in Pakistan have accrued a liability of all manners for denying the full regime of Human Rights, a freely elected popular legislature, an independent judiciary and other rights to which the people of Gilgit and Baltistan remain entitled as State Subjects.

The meeting also noted with great disappointment that the people of Gilgit and Baltistan have not been Empowered since surrendered (without any authority) as a Trust to the control of Government of Pakistan on 28 April 1949.

It noted that the Gilgit-Baltistan Empowerment and Self-Governance Order 2009 is a violation of the Trust Obligations assumed under UNCIP responsibilities by the Government of Pakistan as envisaged in the Constitution Act 1974 which has over ridden the Karachi Agreement of 1949 as per the judgment of AJK High Court on Gilgit and Baltistan.

The meeting observed that none of the three signatories of Karachi Agreement of 1949 had any authority, direct or indirect from the people or leadership of Gilgit and Baltistan to ink this agreement which surrendered them under an undemocratic and colonial control of the political agents appointed by various Governments of Pakistan.
It noted that the said act is a violation of the pledges given by the Government of Pakistan before the High Court and Supreme Court of Azad Jammu & Kashmir.

The meeting noted that the action and other follow up under it constitute a violation of the article 257 of the Constitution of Pakistan which envisages Pakistan policy on the future of the State of Jammu and Kashmir.

It noted that The AJ K Interim Constitution Act, 1974 did not recognize the President of Pakistan for any such authority in respect of Gilgit and Baltistan or any other territory of Jammu and Kashmir.

The meeting noted that governor designate Qamar Zaman Kaira as new Governor of Gilgit Baltistan is a non-State Subject.

The meeting was attended by the constituents of NAPHRUK and other groups and individuals invited.

The joint declaration of the meeting is mentioned below:

The meeting decided - “Since JKCHR has remained involved in the Constitutional Writ Petition from December 1992 – April 1999 (YLR 77) in the High Court of Azad Jammu & Kashmir, JKCHR Secretary General should be resourced to travel at the earliest to Pakistan and Azad Kashmir and take appropriate legal and other action on the capacity of President of Pakistan to sign the Gilgit-Baltistan Empowerment and Self-Governance Order 2009 and on the question of a non-State Subject as Governor of Gilgit Baltistan.”

“All actions arising out of NAPHRUK Meeting deliberations to be explored and taken”.
“Violation of Trust Obligations envisaged in The Azad Jammu & Kashmir Interim Constitution Act, 1974, contempt of court, violation of article 257 of the Constitution of Pakistan and non compliance of UNCIP resolutions in respect of Gilgit and Baltistan to be considered and appropriate remedies sought”.

“JKCHR Secretary General to communicate with the Government of Jammu and Kashmir in respect of their duties in regard to State Territory defined under article 4 of The Constitution of Jammu and Kashmir and with Government of India in regard to her three obligations in the provisional agreement with J & K Government, more importantly, the ‘territorial integrity’ of the State as defined under article 4 of The Constitution of Jammu and Kashmir.”

“To take up the issue of the ‘failure of Azad Jammu & Kashmir Government to provide for the better Government and administration of Azad Jammu & Kashmir until such time as the status of Jammu & Kashmir is determined in accordance with the freely expressed will of the people of the State through the democratic method of free and fair plebiscite under the auspices of the United Nations as envisaged in the UNCIP Resolutions adopted from time to time’.”

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