HUNZA DEVELOPMENT FORUM: May 2018

Monday, May 28, 2018

Objectionable contents of the GOP order-2018 - Requiring wide consultation with populations and Intellectuals in GB

UPDATE, JUDGMENT
3. Elimination of exploitation.- The Government shall ensure the elimination of all forms of exploitation and the gradual fulfilment of the fundamental principle, from each according to his ability to each according to his work.

5. Obedience to this Order.- Obedience to this Order and law is the inviolable obligation of every citizen, wherever he may be, and of every other person for the time being within Gilgit-Baltistan.

7 Laws inconsistent with or in derogation of Fundamental Rights to be void.-(1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void.

(2) The Government shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall,to the extent of such contravention, be void.

(3) The Provisions of this section shall not apply to any law relating to members of the Armed Forces, or of the Police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter.

(4) The rights conferred by this Chapter shall not be suspended except as expressly provided by this Order.

33. The Governor.- (1) There shall be a Governor of the Gilgit-Baltistan who shall be appointed by the President on the advice of the Prime Minister.

43. Conduct of business of Government. (1) All executive actions of the Government shall be expressed to be taken in the name of the Governor.

46. Exer cise of Powers by the Prime Minister.- The Prime Minister shall perform his functions and exercise his powers in such manner as may be prescribed by rules made by the President

60. Legislative Powers.- (1) Subject to this Order, both the Prime Minister and the Assembly shall have the power to make laws,-

(3) The Prime Minister shall have the powers to adopt any amendment in the existing laws or any new law in force in Pakistan subject to the legislative competence under sub-section (2).

61. Obligation of the Prime Minister and the Government.- (1) The executive authority of the Government shall be so exercised as to secure compliance with the laws made by the Prime Minister which apply thereon.

62. Directions to Government in certain cas es. (1) The executive authority of the Government shall be so exercised as not to impede or prejudice the exercise of the executive authority of the Prime Minister, and the executive authority of the Prime Minister shall extend to the giving of such directions to the Government as may appear to the Prime Minister to be necessary for that purpose.

(2) The executive authority of the Prime Minister shall also extend to the giving of directions to the Government as to the construction and maintenance of means of communication declared in the direction to be of national or strategic importance.

(3) The executive authority of the Prime Minister shall also extend to the giving of directions to the Government as to the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquility or economic life of Gilgit-Baltistan or any part there

64. Acquisition of land.- The Government of Pakistan may, if it deems necessary to acquire any land situate in Gilgit-Baltistan for any purpose, require the Government to acquire the land on behalf, and at the expense, of the Government of Pakistan or, if the land belongs to the Government, to transfer it to the Government of Pakistan on such terms as may be agreed mutually.

102. Power to issue proclamation.- (1) If the Prime Minister, on receipt of a report fromGovernor or otherwise, is satisfiedthat grave emergency exists in whichthe security of Gilgit -Baltistan is threatened by war or external aggression or by internal disturbances, in which the Government cannot be carried on in accordance with the provisions of this Order, the Prime Minister shall issue Proclamation of Emergency, hereinafter referredto as the Proclamation.

(2) On the issuance of the Proclamation the Prime Minister may assume to himself, or direct the Governor to assume on behalf of the Prime Minister, all or any of the functions of the Government, and all or any of the powers vested in, or exercisable by, any body or authority in the Gilgit-Baltistan, other than the Assembly
GOP order 2018 on GB
IMPORTANT MESSAGE TO THE POLICY and DECISION MAKERS: GB is not a captured territory to be treated as a colony. We acceded to Pakistan and as such we have the legal option to REVOKE if we are not integrated constitutionally through democratic dispensation.

LATEST: The federal government on Monday sought time to implement Proposed Order pertaining to the status, authority and powers of Gilgit-Baltistan (GB) and the rights available to its people. “Time frame prescribed in the January 17, 2019 judgement may kindly be extended,” said the application filed by Ministry of Kashmir Affairs and Gilgit and Baltistan. A seven-member larger bench, headed by Justice Gulzar Ahmed heard the case related to implementation of the judgement. The bench issued notices to the Supreme Appellate Court GB and others.

The apex court in its judgement on January 17, 2019 had directed the federal government to promulgate the Proposed Order forthwith or within fortnight. “The Proposed Order (modified in the manner as noted in the judgement), shall be forthwith promulgated by the President on the advice of the federal government, and in any case within a fortnight.”

“No amendment shall be made to the order as so promulgated except in terms of the procedure provided in Article 124 of the same, nor shall it be repealed or substituted without the instrument amending, repealing or substituting the same being placed before this Court by the federal through an application that will be treated as a petition under Article 184(3) of Constitution. Nothing in this judgement shall be construed to limit the jurisdiction conferred on this court by the Proposed Order itself.”

“If the Order so promulgated is repealed or substituted by an Act of Parliament the validity thereof, it challenged, shall be examined on the touchstone of Constitution.” Attorney General for Pakistan, representing the ministry, submitted that the federation informed that in compliance with the apex court’s directions the Proposed Order was placed for approval before the federal cabinet. Some discontentment expressed by people and the government of GB were reported.

The people of GB demanded that instead of governing Gilgit-Baltistan through presidential orders, the areas should be governed through an Act of Parliament of Pakistan. The government of GB also raised certain observations that their viewpoints were not addressed. A meeting of the stakeholders was held on 06-02-2019, and consensus was reached that the Gilgit-Baltistan Governance Reforms, 2019 may be enacted through the Parliament as per aspiration of the people of Gilgit-Baltistan.

Accordingly, some amendments in the Proposed Order of the Gilgit-Baltistan Governance Reforms, 2019 were made in consultation with all the stakeholders including the government of Gilgit-Baltistan, Ministry of Law and Justice and the office of the Attorney General for Pakistan. It said that as per the outcome of the said meetings, it is proposed that a bill be tabled before the Parliament with the proposed amendments. The substantial compliance with the directions of the Supreme Court has been done and it would also fulfil the demands of the people of Gilgit-Baltistan.

For full and complete compliance with the directions of the apex court, time is granted for the enactment of the Gilgit-Baltistan Governance Reforms 2019 such that the federal government may table the bill before the Parliament with the amendments. In June 2018, the President of Pakistan approved the promulgation of “The Government of Gilgit-Baltistan Order, 2018,” which was challenged in Supreme Appellate Court GB. The GB Court set aside the Order 2018 on 13th July 2018 being not approved by the federal cabinet and restored the Gilgit-Baltistan (Empowerment & Self Governance) Order, 2009.

The judgement of the Supreme Appellate Court was challenged before the Supreme Court through a constitutional petition. On 8th August, 2018 the Supreme Court of Pakistan suspended the decision of the Supreme Appellate Court Gilgit-Baltistan. The apex court on 3rd December, 2018, ordered the federation to prepare a fresh draft for the governance of Gilgit-Baltistan of the amendments on the basis of the recommendations of the Sartaj Aziz Committee and a high-level committee constituted by the federal cabinet.

Legislation Proposal

NOTE: We can use this order to evolve a law reflecting the democratic aspirations by asking GB assembly to consult populations and pass a law thus rejecting this dubious order as LAW for GB. I think this proposal as a practical strategy instead of resorting to FASAD. Hisamullah Beg I have shared my proposal with assembly through FB wall and telephone call to speaker and urge fellow citizens to follow in large numbers

Preamble: After the successful rebellion of Gilgit scouts on 31^st October- 01^st November 1947, some elements of Kashmir infantry and above all strong feelings of the populations the governor sent from Kashmir in August 1947 was overthrown. Subsequent military campaigns in 1948 under express approval of the newly established government in Pakistan resulted in the total freedom of the territory initially designated as NORTHERN AREAS.

The Mirs and the Governors of the Political Districts exercised their option to accede to Pakistan [obviously in consonance with the wishes of the populations] their territories and communicated the same either in writing or verbally to Major William Brown, Commandant GILGIT SCOUTS - obvious authority in Gilgit at that time - who in turn communicated it through wireless messages to Khan Abdul Qayyum Khan, the Prime Minister [CM] NWFP Peshawar as well as Col Bacon PA Khyber [the last British Political Agent in Gilgit] with an additional request to post a Pakistan Government Political Agent expeditiously. Further parleys with the delegations from the region in 1950 resulted in continuation of the administrative structure of an Agency which continued till 1974. Ever since different options have been instituted by GOP. On 29 August 2009 the Government of the Islamic Republic of Pakistan announced the creation of Gilgit–Baltistan, a new province-like autonomous region with Gilgit city as its capital and Skardu as the largest city. The most recent being Gilgit-Baltistan Order 2018.

A sizable number of young generation activists are however not satisfied and raise their voices for a vigorous constitutional status – some even demanding cessation and independence.

CONTEXTS FOR CONSTITUTIONAL STATUS/GOVERNANCE STRUCTURES IN THE MODERN WORLD

· Federalism, Human Rights and Peace within the State

· The main constitutional Principles:

a. History

b. Rule of Law

c. Protection of Minorities

d. Democracy

· Built and driven by the society and the sub-national societies.

· Democracy and freedom are results from the French Revolution. Other people in Europe tried also to free themselves from feudal powers. The 1848 “Peoples Spring” were economically and politically - “we want to be our own masters of our life” - reasonable.

· The way it was achieved and its societal diversity marked the political design of the new Federations.

· Strong Decentralization and Sharing of Powers:

· Bicameral Parliament as the U.S.A.

· Collegial Federal Government (No strong President)

· Double majorities for Constitutional Powers

· Power sharing - vertical and horizontal - helps you to integrate a diverse society and produces stability by high legitimacy. Real participatory rights transform a primarily representative, indirect democracy into a direct democracy.

· Nobody has so much power that he has the ambivalent privilege, not to have to learn. When the democratic power is really shared with the people, political progress and social change have to be understood as collective learning processes. Every citizen has the right to propose where he or she thinks progress and change are necessary!

· Inside the infrastructure of a democracy has to be modernized in order to remake its direct democracy serve the people best.

· The region has some natural resources such as minerals, glaciers etc. which can be utilized towards development of this region and indigenous populations as such need to be safeguarded through legislation against exploitation by other regions.

· United Nations in its Universal Declaration (Agenda 21: Chapter 26) titled "Recognizing and Strengthening the Role of Indigenous People and their Communities" has called on Governments to recognize that the lands of indigenous people and their communities should be protected from activities that the indigenous people consider to be socially and culturally inappropriate through adoption or strengthening of appropriate policies and /or legal instruments at the national level (or intergovernmental organizations) . Government of Pakistan being a signatory to this declaration has the moral responsibility to harmonize the customary laws (and rights of indigenous people) to evolve indigenous population friendly rules.

· Customary laws, established by communal practice and usage for generations and passed down through oral tradition, are familiar, effective and continue to be practiced to a greater or lesser extent throughout the Gilgit and Baltistan. And yet few of them have been documented so far. There are many opportunities for reforming statutory laws governing natural resources in Gilgit and Baltistan to converge with elements of customary law, thus adding greater legitimacy and efficacy to the State's efforts towards conservation of natural resources in the region. The objective of this draft law and analysis is to draw out and evolve an interface of customary laws governing the use and management of mineral resources in the Gilgit and Baltistan and modification in the statutory laws so that the spirit of UN universal declaration on the rights of indigenous people applied for the same purpose is also actualized in this field.

In view of these principles, the legislative assembly of Gilgit-Baltistan has drafted this law towards governance and constitutional affiliation with Pakistan.

Sunday, May 27, 2018

Diamond Jubilee Goals

Points for discussion and consideration - Meeting between Mr Bolani Chairman AKRSP and Brigadier Hisamullah Beg former VP ICP.

Date and Venue: 24th May 2018, Boardroom TPS Serena Islamabad

In presence: Mr Javed Iqbal Vice Chairman/Coordinator UNDP for AKDN

1. Three targets for AKRSP

2. Issue of a public document in the context of goals assigned at the time of launching.

3. Diamond Jubilee goals covered by MHI.
https://www.youtube.com/watch?v=1mxaq095PBc
4. Individual Idea Demonstration Projects for study and adoption by Institutions.

5. Civil Society Learning Material Compiled by AKDN and it's implementation on Priority.

6. Networking of LSOs.

Action Points:

Issue of operating manuals to all VO/LSO's/WO on the basis of CIVIL SOCIETY LEARNING MATERIAL by AKRSP.

From this experience in stabilisation, we would emphasise three crucial elements:

The first key lesson is to concentrate at the local level. Wherever the national conditions are unfavourable - in fragile or conflict situations they rarely are favourable - meaningful changes often start fastest locally, quickly building credibility and confidence.

The second lesson is that commitment to pluralism is essential. The consultations must be wide, and everyone in the community must benefit. I have learnt this lesson during my more than 60 years as the Imam of the Shia Ismaili Muslims, responsible for the spiritual and physical well-being of my Jamat and - most crucially in this context - for those with whom they live, whatever their faith or creed.

Finally, we would insist on the critical importance of civil society, which we refer to as private organisations designed to serve public goals. Such institutions are stabilising factors and points of continuity where security is fragile and politics are volatile. Consequently, investing in them, alongside the state, remains critical.
H.H AGA KHAN,15 Jan 2019, Germany

إِنَّ اللَّهَ لَا يُغَيِّرُ مَا بِقَوْمٍ حَتَّىٰ يُغَيِّرُوا مَا بِأَنفُسِهِمْ 

خدا کسی قوم کو نہیں بدلتا جب تک کہ وہ اپنی حالت کو نہ بدلے

Lesson and purpose of sharing: The LSOs, VOs, WOs and above all the local Jamat institutions need to believe in this philosophy and organize according to CIVIL SOCIETY LEARNING MATERIAL.
PRESENTATION

Idea demonstration to be shown to AKRSP :

BACKGROUNG TO THE GOALS:
https://hisamullahbeg.blogspot.com/2017/06/civil-society-learning-material-energy.html

STRATEGY TOWARDS FOUR DJ GOALS:

https://hisamullahbeg.blogspot.com/2018/02/citizen-engagement-in-development.html

DJ GOAL ONE &THREE:

https://hisamullahbeg.blogspot.com/2014/08/knowledge-society-initiative-life-long.html

GOAL TWO:

https://hisamullahbeg.blogspot.com/2010/04/civil-society.html

https://hisamullahbeg.blogspot.com/2010/03/civil-soceity-guidelines-on-governance.html

DG GOALS ONE AND FOUR:

https://hisamullahbeg.blogspot.com/2017/04/concrete-proposal-towards-hunza-power.html

TASK FORCE

"DAI" Implications of the term used by MHI in Portugal recently.(Page-30 Encounters in Muslim history student reader volume-1 of TALIMAT curriculum): "A teacher who promotes the message through direct teaching and through their moral conduct and model behavior." The webcast on 11th July 2017 provides a good opportunity to spread the message by every mureed. Kindly go to para (F) of the preamble to the Constitution 11th July 1998 as well.

Recent dialogues:

1. Hunza Thinkers Forum: Hunza thinker’s forum arranged meeting today in Ali a bad. We are going to arrange a conference on issues of Hunza and their way forward.

In this conference all stakeholders of hunza will be invited. Political leadership, VOs, LSOs, KBOs, SBOs. Hunza Chamber of Commerce, societies (financial institutions) hotels association. Bazaar associations, Nambardars, community and sister community leadership, District Bar Association, press club, and other stakeholders.

We will discuss the issues and way forward in this conference and establish grand jirga.

Need your input sir

Me: Great, finally someone has embarked on what needs to be done. I am talking through IDEA DEMONSTRATION PROJECTS in which I have invested my meagre resources as BETTER TOMORROW contribution and also sharing the GUIDANCE in original towards building mindsets and remindinding the Institutions about their constitutional obligations and the goals assigned to these entities. Reason: Institutions survive, individuals perish. My input is in written form and communicated through the post : ROAD-MAP

https://hisamullahbeg.blogspot.com/2019/05/sustainable-development-goals.html, Read the speech on 19^th January 2019 as well.

نزہ کے مسائل کی حل اپنی مدد آپ کے تحت اور ریاستی اداروں کی مدد سے حل کرنے کےلئے سماج کے تمام حصوں کا باہم ملنا بہت ضروری ہے ۔ اس لئے ہنزہ تھنکرز فورم ہنزہ کے تمام سیٹیک ہولڈرز کو ایک فورم پر سر جوڑنے کی دعوت دیتا ہے ۔ہنزہ تھنکرز فورم ہنزہ ایک کانفرنس بہ عنوان "Better Tomorrow ۔" منعقد کر رہا ہے جس میں مندرجہ ذیل ہنزہ کے سیاسی و سماجی، معاشی و تجارتی ، مذہبی و عمرانی ادارے و انفرادی اشخاص کو دعوت دی جائے گی ۔ 1۔تمام سیاسی رہنما 2۔ نمبرداران 3۔مذہبی رہنما تمام مسالک 4۔ بازار ایسویشن 5۔ہوٹل ایڈیشن 6۔LSOs 7۔ KVOs 8۔CBOs 9۔ Local NGOs 10۔ سوسائٹیز Financial Institution 11۔ Music Bands 12۔ہنزہ چمبر آف کامرس 13۔ پریس کلب 14۔ ڈسٹرکٹ بار ایسویشین سماج کے یہ حصے ایک جسم کے مختلف اعضاء ہیں انکا باہم ملنا اور تندرست ہونا از حد لازمی ہیں ۔ اس کانفرنس کا مقصد عملی لائحہ عمل طے کرنا ہے ہم آپ تمام سے اس کی کامیابی اور منطقی انجام تک پہنچانے میں مدد کے لئے التماس کرتے ہیں ۔ من جانب ہنزہ تھنکرزفورم

2. Amin Beg - Development Specialist: Are you looking for equity investment from community members or need private capital?

In both cases the champion of the idea need to sell the technical and business proposal to the relevant local institutions like Chamber of commerce, RC and network of LSOs/Kado and the cooperatives having pool of money.

Me: Please go through the road map compiled subsequent to AKRSP and KADO workshop in Galmit in 2004, every Hunzukutz has to participate through NETWORK of LSOs and invest BETTER TOMORROW donations as well as TANZIM savings in HUNZA POWER SUPPLY COMPANY. Loans from AIIB are a distinct possibility as further sources for Mega projects.

Amin: Yes have seen that. Yet as you mentioned how to solve the dilemma, it can only be done by talking directly to relevant leadership in those institutions by someone who knows what is the solution that is you taking the lead and walking the talk. Nobody else is better qualified to mobilize this.

Me: I am talking through IDEA DEMONSTRATION PROJECTS in which I have invested my meagre resources as BETTER TOMORROW contribution and also sharing the GUIDANCE in original towards building mindsets and reminding the Institutions about their constitutional obligations and the goals assigned to these entities. Reason: Institutions survive, individuals perish.

Amin: Thanks for sharing sir. I am a reader of your posts on your blog. Some of the posts on AKDN website or Ismaili.org are written by professionals sharing field experiences and a general knowledge publicity matter on civil society activities. In practice we all know how it works, what are the constraints both legal, political and social, and the strengths and weaknesses’ and sensitivities in our context.

Just for information. I am no more AKRSP staff; occasionally engage in contractual work with them and other AKDN in the region as freelancer and as volunteer on need basis.

Me: Only constraint: Lack of MISSIONARY ZEAL to implement the guidance. LITMUS TEST: Let us jointly visit any dormant and weak TANZIM and see if an operating manual based on the CIVIL SOCIETY LEARNING MATERIAL - as stated by you compiled by the professionals in AKDN - does actually exists and practiced.

Amin: Not across all 4500 v/wos and over 80 LSos for many reasons including the one you mentioned missionary zeal field staff. But part of the work done by Richard Holloway was translated into urdu training organized for activists. But when Richard left AKDN civil society back in mid 2000s the new leadership and team had other views and ideas for strengthening CSOs. The current strategy focuses on CAT: capacity, asset and trust building of akdn own agencies as civil society and by extension mobilizing resources for legacy and non-legacy grassroots orgs due to funding and other limitations the gap surely exists.

Me: I am talking about the training and monitoring of LSOs, VOs and WOs and guiding them towards SELF HELP I. A. W July 2017 WEBCAST and Speech of 15th January 2019. One of priority assignments: Motivate every adult member of the family to join a TANZEEM towards re-invigorating social asset created by AKRSP. CIVIL SOCIETY LEANING MATERIAL HAS BEEN ISSUED IN 2007, it did not exist in this format in 2000.

Amin: Yes those are generic for whole world. Outreach is a major challenge despite being part of strategy to do so but lacks the financial muscle: it requires 90 USD reach each household in gbc. So the implementation is done subject to donor funding which is always skewed and location and time specific. Under the imamat finding in seven valleys they are trying to reach that goal but with it's own challenges.

Me: You have identified the handicaps associated with donor funding, I am talking about leveraging the available resources to achieve goals of Imamat in Hunza, Ghazer, CHITRAL and some localities in Gilgit. This link contains the minutes of meeting with chairman AKRSP.

https://hisamullahbeg.blogspot.com/2018/05/diamond-jubilee-goals.html

Amin: Yes sir found it. Leveraging has been a mantra for some years now. The perils are it mainly covers for non-developmental costs while actual investment at community level is left to the communities themselves. I am talking of the dev industry as a whole AKDN included.

Me: No one on the list defined in the civil SOCIETY publications is JAMATI INSTITUTIONS, No two AKDN, as such I do not consider them generic specially when Imam has given a clear reference in the web-cast and through appointment meeting guidance .

Amin: The likes of governance in service companies might not have the time, knowledge and vision how to leverage community investments for self-help. They are more concerned about saving Imamat resources. Global AKDN program area o mean not specific to gbc context.

I spent last 10 years in different units of akrsp in advisory positions and project lead and yes I take the responsibility for most failures on my part as part of the team. There is too much focus on combing and measurements and hands off approach when it comes to investing in civil society and less on investing in capacities asset and trust building. I have been a vocal critic of this approach inside but failed to change those mindsets who consider this social capital old fashioned and wanted to invest more in business and economic sectors. No 7 on the list VCCS VILLAGE_ /Valley CONSERVATION COMMITTEES.

Me: Request you to read this page: AKDN Civil Society Programme has produced a series of internal booklets to help those involved with AKDN agencies to acquire the skills they need to build and strengthen effective civil society organisations (CSOs). There are basically four types of institutions for whom these booklets are intended:

1. The Jamati Institutions: National Councils, ITREB, GRB, NCAB, and EPB

2. The Boards of the Service Companies – AKHS, AKES, AKPBS

3. Associations set up by the Service Companies or by other AKDN agencies to support the purposes of their programme – such as PTAs, school management committees, nurses associations, midwives associations, teachers associations, tenants associations

4. CSOs outside AKDN agencies which support their purposes

All such organisations involve people who have committed themselves to improving the society in which they live by what they do and how they behave. Commitment and voluntarism may, however, not be enough for an effective organisation – specific organisational skills are needed as well. And these skills can be learnt. The following booklets are also available in this series:

1. Problems in Managing Organisations

2. Skills in Managing Organisations

3. Improving Management

4. The Board and its Functions

5. Organisational Structures and Systems

6. Managing People and their Work

7. Managing Finance

8. Building a More Civil Society