This article has been written by Tarannum Vashisht, from Rajiv Gandhi National University of Law, Punjab. This article attempts to explain the Gilgit Baltistan issue from its inception to the current scenario. 

Introduction

Gilgit Baltistan was earlier known as the Northern Areas. This region has a sparse population of under twenty lakh and is divided into ten districts and three administrative divisions. It is located in the trans-Himalayan region, forming the north-western part of the formerly princely state of Jammu and Kashmir. A part of Kashmir, it was illegally occupied by Pakistan. Due to this, the region has remained a source of constant conflict, first between India and Pakistan.

Gilgit Baltistan: brief history 

Gilgit Baltistan is currently under the occupation of Pakistan and hence constitutes its northernmost area. This area has Azad Kashmir to its south, Afghanistan’s Wakhan Corridor to the North, Khyber Pakhtunkhwa province to its west, Indian administered territories of Ladakh and Jammu and Kashmir in the southeast and China’s Xinjiang region in its east as well as northeast. The Line Of Control separates Indian administered territories and Gilgit Baltistan, serving as the formal border between India and Pakistan. 

How was Gilgit Baltistan occupied by Pakistan?

First of all, let me make this clear, Gilgit Baltistan was not occupied by Pakistan as was Azad Kashmir. Pakistan’s occupation of Gilgit Baltistan came because of the connivance of two British officers. In 1935, the Maharaja of Jammu and Kashmir leased the Gilgit agency to the British for a period of 60 years.

While the region’s security was the responsibility of a military force called the Gilgit Scouts headed by a British officer, its administration was handled by the British from Delhi. Before the above-mentioned lease agreement could expire, India got its impending independence in 1947. Maharaja Hari Singh, the king of Jammu and Kashmir, appointed Brigadier Ghansar Singh as the governor of Gilgit. 

As you all would be aware, Maharaja Hari Singh acceded to India on 31 October 1947, but what is a less known fact is that as soon as this was done, Major Brown of the Gilgit scouts imprisoned Brigadier Ghansar Singh. He informed Lt Colonel Roger Bacon, who was then at Peshawar that Gilgit had acceded to Pakistan and not India. He along with Captain A S Mathieson instigated a revolt of the people in this region. 

On second November, the flag of Pakistan was officially raised by Major Brown at the headquarters. He and Captain A S Mathieson, who was initially loaned to the Maharaja at Gilgit, claimed that while the Maharaja had signed the accession to India, they had opted for serving Pakistan. Two weeks later, Sardar Mohommad Alam, appointed by the government of Pakistan, took possession of the territory. This area was then used by the Pakistani soldiers and terrorists as the base for launching attacks on the adjoining areas. 

It is said that this British decision of giving away the area to Pakistan was because of an understanding that they had with the other Arab nations. British at that time were in no mood to antagonize these oil-rich nations, as this was amidst USSR’s growing communist influence in the west. Gilgit Baltistan has since been a part of Pakistan. India however, still considers it as an integral constituent of its territory, under the illegal occupation of Pakistan. 

Governance of Gilgit Baltistan

After Pakistan gained control of the area, it was renamed Northern Areas of Pakistan. Gilgit Baltistan comes under the direct rule of the federal government of Pakistan. Though the legislature of the state is elected, with limited powers. A council headed by the prime minister of Pakistan governs this state.

It is pertinent to note that the constitution of Pakistan makes no mention of Gilgit Pakistan and all the prime ministers who have come to power in Pakistan have treated this state as a separate geographical unit. 

The area was known as Northern areas late until 2009, until the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009 renamed it Gilgit Baltistan. By this order a legislative assembly for the state came into force, replacing Northern Areas Legislative Council.

The latter, though an elected body, was no more than an advisory body to the minister of Kashmir Affairs and Northern Areas who was a representative of the federal government. The new legislative assembly has shown only slight improvements, it now has the power to make laws on 61 subjects and pass the budget. However, still, the real power still rests with the federal government of Pakistan. 

China Pakistan relations

It is important to understand the relations of China and Pakistan, as they have a major impact on the Gilgit Baltistan issue between India and Pakistan.

Some area of Gilgit Baltistan was gifted to China, long ago in 1963.  Since then, the ties between China and Pakistan have seen many improvements, the most important one being the China- Pakistan Economic Corridor. Let’s look at this project in some detail.

China Pakistan Economic Corridor

This is a humongous project between Pakistan and China, aimed at increasing trade ties between the two countries, facilitating this by improving Pakistan’s infrastructure. This project’s inception is credited to Chinese President Xi Jinping and Pakistani Prime Minister Nawaz Sharif, who signed fifty-one memorandums of understanding and agreements, worth $46 billion. 

This corridor is aimed at re-architecting air, rail, road and energy systems, with the sole purpose of improving trade by improving the connectivity of Pakistan with China. The Pakistani ports of Gwadar and Karachi are to be connected to Xinjiang province of China. Plans on connecting the two countries through road were also made. 

This improved connectivity would enable faster transport of natural gas from Pakistan to China. This would be at a much cheaper price as compared to the earlier mode of transport opted by these countries.

China Pakistan Economic Corridor is part of China’s greater initiative called Belt and Road Initiative, announced by China in 2013. This was an attempt for greater connectivity between the countries of Eurasia, enabling greater trade, communication and cooperation.

This news of collaboration in trade preceded the news of joint space and satellite initiatives between these two partner countries, which came a year later in 2016. 

China Pakistan Economic Corridor was in its full hype during the tenure of Nawaz Sharif. However, the scenario in the country has changed with the coming of the new prime minister Imraan Khan.

With Nawaz Sharif’s removal from office, talks on the China Pakistan Economic Corridor have subsided. Various reasons have been ascribed to this, like fear of the United States, India and the United States’ increasing closeness, China’s internal corruption charges and Pakistan’s growing economic indebtedness. 

India’s reaction to China Pakistan Economic Corridor

The Ministry of External had shown deep concerns over the issue of building up the China Pakistan Economic Corridor. It is of the view that this move by China and Pakistan is a direct attack on its sovereignty and territorial integrity.

This is because the areas through which this corridor passes, that is, Jammu and Kashmir and Ladakh, had been illegally occupied by Pakistan. The state of Gilgit Baltistan has been under conflict for many years, India still claiming that it forms an essential part of its territory and is well within the country’s boundaries. 

Expressing its concerns to the world, and especially to China, India is of the firm belief that there should be connectivity and development enabling integrity of the Eurasian belt, but this should not be at the cost of some other country’s sovereignty. The universally recognized principles of transparency, openness and financial responsibility should be followed. 

Therefore, the China Pakistan Economic Project constitutes a major part of the Gilgit Baltistan issue as this has escalated tensions between the two countries. 

Opinion of the People of Gilgit Baltistan

It is more important to understand the opinion of the people who are to be governed, than the governments of the two countries who assert the territory to be theirs. 

First of all, we have to know who these people are. Are they Kashmiris? No, the people of Gilgit Baltistan are not Kashmiris, rather they have next to nothing in common with Kashmiris. This region is home to a population of several non-Kashmiri ethnicities speaking distinct languages. 

It is largely due to these differences that these people were against the decision of Maharaja Hari Singh’s accession to India. They considered themselves to be essentially different from Kashmiris. However, they are still not satisfied with the position that Pakistan has accredited to their state. Protests have now become commonplace in this region. 

The people of Gilgit Baltistan are unsatisfied as well as angered. This anger is with the Pakistan government which neither wants to give the state a completely autonomous status nor does it want a complete merger of the state with Pakistan.

A complete merger would weaken Pakistan’s stand on the Kashmir issue. This would imply that Pakistan is satisfied with Gilgit Baltistan, and hence dilute its cause of action in its struggle for acquiring Kashmir. On the other hand, Pakistan also wants that Gilgit Baltistan shall remain with it and hence at no cost wants to give up this territory. 

Concerns have also been raised by the people on Pakistan government’s efforts on dividing the people into sectarian lines. Militant groups have been planted to specifically target the Shia Muslims. Hence, Pakistan is doing nothing for the people of Gilgit Baltistan, rather using the region for its selfish needs. All this infuriates the people of this region.

There are broadly three types of demands that the population of this region vocalizes. The first one supported by the majority, being a merger with Pakistan. The second in line being merger with Azad Kashmir. The third and most fresh demand is a demand for independence from both. Despite India’s claim, the hard truth is that the people of Gilgit Baltistan don’t want a merger with India. 

So far the people of Gilgit Baltistan remain unhappy, with their demands not met.  

India’s stand on Gilgit Baltistan

India has always considered the occupation of Gilgit Baltistan as illegal and has never approved of it. The country has even raised its voice several times in the international community, taking a strong stance on this issue, whenever feasible. In 1994, the parliament of India passed a resolution claiming that both Gilgit Baltistan and Pakistan Occupied Kashmir, being a part of the state of Jammu and Kashmir, form an integral part of the territory of India.

Current position 

The federal government of Pakistan, through a presidential proclamation on 16 May 2020, ordered elections to be held in Gilgit Baltistan on 24 June 2020. This move of the government came in consonance with its Supreme Court’s order to hold elections in the disputed state. 

The government of India through a “demarche” opposed the Pakistani Supreme Court’s decision to hold elections in Gilgit Baltistan in May 2020. 

Another recent development in Pakistan China relations has made India anxious. China and Pakistan have signed an agreement for building up to five large dams in Pakistan. One of them, called Diamer-Bhasha Dam, a project worth US $81 Billion, would be constructed in Gilgit Baltistan. 

This is the result of an agreement between Pakistan Army’s Frontier Works Organisation and China Power. These projects are in furtherance of China’s commitment to invest more than the US $ 50 billion for China Pakistan Economic Corridor. This is in consonance with Chinese president Xi Jinping’s Belt Road Initiative. The fact that this dam is situated in Gilgit Baltistan region, distresses India. 

These project’s obvious consequences would be China’s increased presence in this disputed region. This would lead to more military tensions and hence would add up to the already existing turbulence in the region. 

Some developments favouring India have also taken place, though most of them are symbolic. Google India has removed the lines of LOC (Line of Control) and LAC (Line of Actual Control) from Jammu and Kashmir’s maps. The Indian Meteorological department has recently included in its weather bulletin the regions of Gilgit Baltistan and POK. These are recent indications from India, that they remain firm on their stance that Gilgit Baltistan is a part of its territory. 

Most importantly, India’s abrogation of Section 370, shows India’s vehement voice towards the inclusion of the whole of Kashmir within its territory, in all aspects. This step of India made its stand loud and clear in the international community. 

Conclusion

Considering the current scenario and recent developments, many think that the time is right to sensitize the public of India, over this increasing nexus between Pakistan and China. In my opinion, the prime motive of the government of India should be to ease military tensions, enabling better lives of the people of border areas.  

The Opinion of the people of Gilgit Baltistan on whether they want to join India or Pakistan should be given foremost importance. As is evident, the people of the region are not in favour of joining India, they want to remain with Pakistan, though with increased integration with the latter. 

Therefore, according to me, India should let go of its demands of integrating Gilgit Baltistan within its territory. This is because anything contrary to this would be against the spirit of democracy, whose primary element is the will of people. India, like a responsible country of the world community, should initiate talks with Pakistan for the complete integration of Gilgit Baltistan into its territory. Pakistan should consider these people as full citizens of its country, giving them full rights and ensuring their welfare. 

References 

• https://www.financialexpress.com/defence/india-ratcheting-up-claims-over-pok-and-gilgit-baltistan-not-without-basis/1963895/
• https://indianexpress.com/article/explained/explained-pok-gilgit-baltistan-parts-of-jammu-kashmir-under-pak-occupation-explained-6010351/
• https://indianexpress.com/article/explained/gilgit-baltistan-alienation-is-an-issue-but-no-connect-to-india/
• https://timesofindia.indiatimes.com/topic/China-Pakistan-Economic-Corridor
• https://thediplomat.com/2019/10/has-the-china-pakistan-economic-corridor-stalled/
• https://thewire.in/diplomacy/china-pakistan-india-obor
• https://economictimes.indiatimes.com/news/defence/china-pakistan-economic-corridor-is-illegal-india/articleshow/73974996.cms

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