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Ups and Downs of Supreme Court’s Decision about Gilgit-Baltistan

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Supreme Court's Decision about Gilgit-Baltistan

The Supreme Court of Pakistan’s judgment about the constitutional rights of Gilgit-Baltistan was enthusiastically awaited by its people, the Federal Government, the people of Azad Kashmir and even the people of Jammu & Kashmir. Obviously, the people of Gilgit-Baltistan were considering the Supreme Court of Pakistan as their last hope to determine their constitutional status which was pending for more than seven decades on the pretext of Kashmir issue. The judgment by the Supreme Court of Pakistan finally came on 17th January 2009 which is now publicly available.

The people of Gilgit-Baltistan, since their independence, are ruled by the Federal Government either by imposing Frontier Crimes Regulation – FCR or through “administrative orders”. Persistent denial of granting fundamental rights and constitutional status to the people of Gilgit-Baltistan, in fact, tantamounts to denial of aspirations of people towards Pakistan. The prejudicial attitude of Federal governments compelled people to invoke the constitutional jurisdiction of Supreme Court as last resort to address their basic grievances.

Eventually, they knocked the doors of Supreme Court and the Supreme Court, for the first time, delivered a judgment in this regard in the year 1999. Whereby, the august Supreme Court recognized the fundamental rights of GB as citizens of Pakistan and directed the federation to initiate appropriate administrative/legislative measures, even federation was directed to make necessary constitutional enactments.

Eventually, they knocked the doors of Supreme Court and the Supreme Court, for the first time, delivered a judgment in this regard in the year 1999. Whereby, the august Supreme Court recognized the fundamental rights of GB as citizens of Pakistan and directed the federation to initiate appropriate administrative/legislative measures, even federation was directed to make necessary constitutional enactments.

Also on GBee: Watch Justice (R) Muzaffar Ali’s take on Supreme of Court Pakistan’s verdict on the Constitutional Rights of Gilgit-Baltistan

The Federal Government ignored the above cited judgment and continued “administrative orders” time and again. This worse situation was enough to awake Gbians to protest against. People raised strong protest resultantly, Nawaz government constituted a facts finding committee headed by Mr. Sartaj Aziz, the former foreign minister, to submit its recommendations about constitutional status of GB. The recommendations were submitted to the government but all in vein. The government instead again framed an executive order called The Government of Gilgit Baltistan Order 2018. The people lodged a strong protest against but it was imposed anyway.

When Pakistan Tehreek-e-Insaaf established Federal Government after the General Elections of 2018, the hopes of the people of Gilgit Baltistan were extended with an express impression, to table the point of “provisional provincial status” before the cabinet meeting in pursuance of recommendations made by Sartaj Aziz Committee.

The point was tabled twice before the cabinet meeting but turned down. Khan’s cabinet apparently surrendered before an effective protest launched by the AJK leaders and to cover this U-turn, the government introduced a new “Executive Order”. The Supreme Court attached the new order with the instant judgment calling it as “Proposed Order”.

Read: Interview with Afzal Shigri – Why do the people of Gilgit-Baltistan oppose GB Order 2018?

The “Proposed Order” attached with the instant judgment seems far better than that of previous orders, for its salient features i.e. (a) its preamble speaks about intention of federal government to make GB a “provisional province” till pending disposal of Kashmir issue. (b) It admits the new “order” to be a temporary arrangement till the time constitutional amendments are sought. Despite of above narrated good features in the order, it is again an executive one having discriminatory provisions contradictory to full fundamental rights which can be provided to the people of Gigit Baltistan under the constitution.

The petitioners almost in all petitions have assailed the vires of executive orders including the “Proposed Order” attached with judgment, with the plea that, the executive authorities including the president having no sanction of constitution to frame such orders as no article including article 157 of the constitution empowers them to frame and approve such orders in respect of Gilgit-Baltistan.

The bench while framing questions for their answer in the judgment, totally ignored this crucial issue to frame and to answer. Instead, the honorable bench went to rationalize the “Proposed Order” without going into its vires and constitutional sanction behind it. In my opinion, the honorable bench has exercised dictum of necessity once again to meet the prevailing situation rather go into the issue of vires of the order under articles of the constitution.  The honorable bench provided its auspices to it and bestowed with judicial imprimatur and permanence. The verdict in favor of “Proposed Order” would encourage the executive authorities to resile from their promise to bring a bill before the parliament in respect of a provisional province for Gilgit-Baltistan.

The advantageous aspect of the instant verdict is that, the Supreme Court categorically rejected the propaganda raised by the AJK political leadership holding that, quoted; “that is why we hold that the committee’s recommendations relating to the provision and enforcement of fundamental rights provided by the constitution must be implemented immediately and with full force and effect. As a matter of law as well as morality”. Unquoted, the supreme court is in full agreement with the recommendations made by the Sartaj Aziz committee and it transpires from the judgment, while reading paras 21, 22 and 23 that, a status of provisional province of GB pending disposal of the Kashmir issue is not fatal and injurious to the Kashmir issue, even after introducing amendments into the constitution.

Last but not least, the Supreme Court of Pakistan’s verdict has thrown the ball into the court of leadership in Gilgit-Baltistan who belong to national parties i.e. Pakistan Tehreek-e-Insaaf, Pakistan Peoples Party and Pakistan Muslim League. It is of their task, how they play their influence before their central leadership to motivate them to table a bill before the parliament and to seek amendments in the constitution to award a provisional provincial status to Gilgit-Baltistan.  

Climate

Aga Khan Agency for Habitat (AKAH) Wins Gold Award at World Habitat Awards 2020

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Aga Khan Agency for Habitat (AKAH) Wins Gold Award at World Habitat Awards 2020
AKAH geologists and community volunteers measuring crevasses on a glacier, Shimshal. AKAH’s technical teams and community volunteers monitor glaciers and glacial lakes to advise communities on disaster risk.

The Aga Khan Agency for Habitat (AKAH) won the World Habitat Awards 2020 Gold Award today for its “Integrating Indigenous Knowledge and Technology for Safer Habitat” project.

In the winning project, the Aga Khan Agency for Habitat in Pakistan pioneered the use of Hazard Vulnerability and Risk Assessments (HVRAs), which integrate science, technology and local knowledge for disaster risk management and sustainable habitat planning and development.

Reflecting the importance of this work, Prince Rahim Aga Khan, Chair of AKDN’s Environment and Climate Committee, said “For decades the AKDN has been working with vulnerable communities to improve quality of life and reduce disaster risk. Today in the face of the climate crisis, understanding and mitigating these risks is even more urgent. Only by helping these communities adapt and thrive in harmony with their often-precarious habitat can we hope to mitigate the effects of climate change.”

AKAH’s technical experts conduct hazard vulnerability and risk assessments using satellite data and geographic information system technologies together with participatory on-site assessments to help communities understand, map and plan for the risks they face.

Maimunah Mohd Sharif, UN-Habitat Executive Director, said: “UN-Habitat commends “Integrating Indigenous Knowledge and Technology for Safer Habitat” because of its community-based planning and risk management approach, integrating local knowledge. This is very much in line with UN-Habitat’s belief that when developing, formulating and implementing tools, policies and programmes, we should place people at the centre of our thinking and action.”

One of the judges of the award, Leilani Farha, Global Director of The Shift, former UN Special rapporteur on the right to adequate housing, said: “This project, led by the Aga Khan Agency for Habitat, Pakistan, is the embodiment of a human rights approach to climate change adaptation policies. This novel project manages to combine indigenous knowledge, community involvement and technological advancements to ensure resilient, sustainable communities capable of living in dignity, security and peace amidst the rising threat of climate-induced disasters.”

Ghulam Murtaz, Glacial Lake Outburst Flood Survivor, Badswat. If disaster strikes, the hazard maps also show where it is safe to evacuate and relocate displaced people. For families whose homes are damaged or lost, AKAH provides emergency winterized tents and transitional shelters and as well as support for more permanent housing.

The project combines local and scientific knowledge in order to assess hazards, map risks, determine residential and economic zones, and develop disaster management and habitat plans. AKAH geologists use remote-sensing and geographic information system (GIS) technologies and risk-scoring tools, combined with participatory risk assessment and community knowledge, to develop plans for safer habitats.

Nawab Ali Khan, Chief Executive Officer, of the Aga Khan Agency for Habitat (AKAH) in Pakistan, said that, “Winning this Gold Award is an honour for AKAH and gives us added motivation to do more for building safer communities and safer habitats. We at AKAH value the trust and engagement of the communities and volunteers we work with and the support of our local and international donors and partners who believe in our work integrating emergency planning and preparedness and habitat planning for climate change adaptation in Pakistan”.

In Pakistan, AKAH conducts HVRAs – for nearly 800 settlements that cover over one million people – with robust risk mapping and monitoring capacities and development planning. The Agency has also provided technical assistance on safer and greener home improvements to more than 20,000 households while constructing over 4,000 shelters for internally displaced people. AKAH has also trained over 50,000 local volunteers in Pakistan in community-based disaster risk management. The volunteers have responded to over 200 disaster events.

Jamal Khan, volunteer caretaker of a Flood Early Warning System in Sherquilla. AKAH installs early warning systems and community-managed weather monitoring posts in the most vulnerable areas.

Onno Rühl, General Manager of the Aga Khan Agency for Habitat, “Our mission is to empower communities living on the frontlines of climate change to not only survive but thrive despite the
growing risks they face. Integrating deep community engagement with scientific data, we help
communities understand and manage disaster risk to be able to plan for a better future. We
are honoured by the recognition of the World Habitat Awards and proud to promote solutions
that help vulnerable communities adapt to climate risk.”

Notes:

The World Habitat Awards is an international charity dedicated to finding, supporting, sharing and celebrating projects related to housing that can have an “overwhelmingly positive impact on individuals, families and communities”. It posits that housing is a basic right. Its World Habitat Awards – organised in partnership with UN-Habitat – “recognise and highlight innovative, outstanding and sometimes revolutionary housing ideas, projects and programmes from across the world”.

For more information, please see: https://world-habitat.org/

The Aga Khan Agency for Habitat works to ensure that the places people live are as safe as possible from the effects of climate change and natural disasters while also helping them to be prepared to cope with and respond to disasters that do strike. Beyond safety, AKAH aims to ensure people have access to services and opportunities to improve their quality of life.

Established in 2016, AKAH combines several agencies and programs of the AKDN that had been working on housing, habitat, and disaster preparedness and relief since the 1990s in South and Central Asia, including Focus Humanitarian Assistance, the Aga Khan Planning, and Building Services, and the Disaster Risk Management Initiative.

For more information:

Trushna Torche / info@akdn.org

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Environment

AKAH Pakistan join hands with the Government of Gilgit-Baltistan to design a major water supply project in Central Hunza

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Aga Khan Agency for Habitat (AKAH) Pakistan Hunza Water project

The Aga Khan Agency for Habitat (AKAH) Pakistan, signed a partnership agreement with Government of Gilgit-Baltistan to conduct a study for sustainable solution of drinking water supply for central Hunza sourced from Attabad lake. The feasibility will include Hazard Vulnerability and Risk Assessments of the supply line and eight settlements. The agreement was signed between the Planning and Development Department of Gilgit Baltistan, the District of Hunza and Aga Khan Agency for Habitat in Hunza.

Central Hunza faces acute water shortage as most settlements depend on two glacial melt streams (Hassanabad Nallah and Ultar Nallah) as their primary source of water. The recent glacial lake outburst floods from both glaciers have severely impacted water supply and other community infrastructure.

Growth in tourism to the area, critical for economic development, adds further pressure on the region’s water resources. Using its rich experience around the design and implementation of water supply systems in mountain areas combined with its hazard risk assessment and overall habitat planning expertise AKAH will provide technical support to the Government on this highly important study.

Mr. Nawab Ali Khan, CEO, AKAH, P and Mr. Syed Abrar Hussain Shah, Additional Chief Secretary Gilgit-Baltistan and Mr. Fayaz Ahmed, Deputy Commissioner Hunza, are signing the partnership agreement to conduct a feasibility study to design a water project for central Hunza.
Mr. Nawab Ali Khan, CEO, AKAH, P and Mr. Syed Abrar Hussain Shah, Additional Chief Secretary Gilgit-Baltistan and Mr. Fayaz Ahmed, Deputy Commissioner Hunza, are signing the partnership agreement to conduct a feasibility study to design a water project for central Hunza.

Speaking at the occasion, Mr. Syed Abrar Hussain Shah, Additional Chief Secretary Gilgit-Baltistan, said
that “The Government of Gilgit Baltistan is grateful to Aga Khan Development Network (AKDN) for realizing several development projects, reducing poverty and empowering communities. We value AKAH’s support to the government of GB on various development initiatives particularly around climate change and providing access to clean drinking water to the rural and urban areas in Gilgit Baltistan.”

Mr. Nawab Ali Khan, CEO, AKAH,P and Mr. Syed Abrar Hussain Shah, Additional Chief Secretary Gilgit-Baltistan and Mr.  Fayaz Ahmed, Deputy Commissioner Hunza after signing the partnership agreement to conduct a feasibility study to design a water project for central Hunza.
Mr. Nawab Ali Khan, CEO, AKAH,P and Mr. Syed Abrar Hussain Shah, Additional Chief Secretary Gilgit-Baltistan and Mr. Fayaz Ahmed, Deputy Commissioner Hunza after signing the partnership agreement to conduct a feasibility study to design a water project for central Hunza.

In his address, Mr. Fayaz Ahmed, Deputy Commissioner Hunza, shared that “This partnership with AKAH will enable us to provide sustainable access to clean drinking water to 5,500 households, commercial entities, health and education facilities from eight settlements of central Hunza including Faizabad, Altit, Karimabad, Ganish, Garelth, Haiderabad, Dorkhand and Aliabad This feasibility study will not only identify solutions for the current needs of the community but also help boost the tourism potential of the area in the years to come”

In his remarks, Mr. Nawab Ali Khan, Chief Executive Officer, Aga Khan Agency for Habitat, Pakistan
shared that “AKAH has the mandate of creating resilient human habitats and we will support any initiative that is aligned with our mandate.” He further said “AKAH is thankful to the government for all
its support that has enabled us to serve communities in need.”

Over the last two decades, the Aga Khan Agency for Habitat, Pakistan has provided 500,000 people with water and sanitation facilities across Pakistan mainly in mountain communities. This has resulted not only in reducing waterborne diseases but also improved health and economic conditions as well as
reduced the burden on women and girls of fetching water from long distances.

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