By Hasnain Sengge Thsering
22nd March 2006

Baltistan (West Ladakh): Five Decades of Impasse

Although it has been more than 50 years since West Ladakh (Baltistan) became part of the Federal Government of Pakistan, the Government always failed to recognize this area as an integral part of the present Pakistan. In fact the government has never had a permanent stance regarding the status of Baltistan and Gilgit and its relationship to the State of Jammu and Kashmir.

Until the 1950s, the Pakistani governments used to declare the Northern Areas (consisting of West Ladakh and Gilgit) as part of the State of Jammu & Kashmir; which was under the temporary control of the Government of Pakistan. During the 1960s, Pakistan fought a war with India and the consequences brought her very close to Peoples' Republic of China. This new relationship provided Pakistan with security against a stronger India as well as being recognized by the super powers of the world.

As the relationship grew stronger, Pakistan realized the strategic importance of the "North" and found that Gilgit was an important town on the only land route to China. This compelled her to declare the Northern Areas as part of Pakistan and rejected all claims made by the Government of Azad Jammu & Kashmir (Part of Jammu & Kashmir State under the control of Pakistan) over Baltistan or Gilgit.

It was an obvious denial to the agreements made by Pakistan, India and the United Nations in 1950s and reflected the contradiction in the statements made by the previous Pakistani governments. The UNO agreements clearly stated that the Northern Areas belong to the State of Jammu & Kashmir and Baltistan is the Pakistani administered part of Ladakh. On Page 140 (No 151) of "High Court of Judicature, Azad Jammu & Kashmir - Verdict on Gilgit and Baltistan", the agreement between the government of Pakistan and Azad Kashmir is mentioned, as reproduced here:

"the second part, postulated in part III, was relevant as by virtue of that part of the agreement, the sphere of administrative jurisdiction was divided among the component parties to the agreement. The matters assigned to the government of Pakistan were listed under caption "A". These subjects were eight in number. It contained the responsibilities of the government of Pakistan in respect of all affairs of Gilgit and [Ladakh, the area, at the relevant time (which would be Baltistan since the rest of Ladakh is under control of the Union of India)], under the control of Political Agent, at Gilgit".

By the end of the 1960s, another violation took place when the government of Pakistan handed over part of Baltistan (approx 5,800 sq km) to the Peoples' Republic of China. This area, known as Shaksgam, encompasses the strategic Karakoram mountain range. Later, both governments signed an agreement declaring that once the dispute of the Jammu & Kashmir State is resolved, the control of China over Shaksgam will be reconsidered. An abstract of the agreement between Pakistan and PR China went as follows:

".the two parties have agreed that after the settlement of the Kashmir dispute between Pakistan and India, the sovereign authority concerned will reopen negotiations with the government of the peoples' republic of China on the boundary, as described in Article II of the present agreement, of Kashmir so as to sign a boundary treaty to replace the present agreement. (Source: Dawn, Karachi March 3, 1963.")

Since the establishment of the current Army Regime of President Musharaf, the government's position on Kashmir has changed significantly and for the first time in the last five decades, the government is ready to accept the realities, no matter what it costs to Pakistan. The government has taken a bold step to clear up issues that have been in a state of confusion and indecision for a long time; one of them being the stance on J&K viz. a viz. ‘status of Baltistan and Gilgit’.

In December 2000, the Foreign Minister of Pakistan clearly stated that Northern Areas are part of the State of Jammu and Kashmir and the people of this region would take part in the plebiscite which should be conducted under the supervision of UNO. This statement was further confirmed by the Federal Bureau of Foreign Affairs, a week later.

There were different reactions from different political and religious parties of Baltistan and Gilgit regarding the statement of the Foreign Minister. Although the majority of the people of Baltistan agree that Baltistan is part of Ladakh Wazarat; the prime concern was towards an ever-shifting stance of the government of Pakistan regarding this area.

The nationalist political activists of Baltistan utilize this opportunity to lead the nation to the right direction. For the past 59 years, nobody has felt the need to enlighten the nation about the real political and administrative situation of Baltistan and Gilgit concerning the J&K issue. It would be unjust to declare that Baltistan and Gilgit regions have no connection to the J&K dilemma. We would not have debated over J&K issue for 59 years if we were not connected to this issue. In fact, Ladakh-Baltistan and Gilgit are the regions which have been most affected by this dilemma.

It is a historical fact that Baltistan remained part of Dogra state. In "Crisis of Kashmir", Alistair Lamb has described the position of the State, at pages 17 and 18, as:

"In fact, the State contains at least five distinct regions. First, there is Kashmir proper, the so-called Vale along the upper reaches of the Jhelum River with its capital at Srinigar. Second, there is the State of Jammu, with its center at Jammu city. Third, there is the district Poonch: and fourth, the very extensive tract of Ladakh and Baltistan. Finally, in the northwest is the Gilgit region, comprising Gilgit, Gilgit Wazarat, Gilgit Agency, Yasin, Ishkuma, Hunza and Nagir"

Mr. Joseph Korbel, Member of the United Nations Commission for India and Pakistan (UNCIP), in his book "Danger in Kashmir" at pages 5,6,92 and 202, has described the status of all regions of Jammu & Kashmir State as under:

"The term (Kashmir), as is generally used (for the whole state), is actually not accurate. The official name is the State of Jammu and Kashmir. The state consists of several regions. Its heart is the famous Vale of Kashmir. South of it is the Jammu province, to the east is Ladakh, and north of it, Baltistan; farther north-west are the regions of Hunza and Nagir, and west of them, the Gilgit agency, composed of several political districts. West of the Vale are the districts of Muzaffarabad, Riasi, Poonch and Mirpur."

On page 23 (No 15) of the same book, the author has described the geographic boundaries of the Jammu & Kashmir State. It states:

".the final shape of J&K State, therefore was articulated during the regime of Ranbir Singh. It was administratively divided into provinces of:

1Jammu
2 Kashmir
3 Ladakh (including Baltistan); and
4 Gilgit and Frontier Ilaqas.

(Frontier Ilaqas comprised of:

1 Hunza;
2 Nagar;
3 Punial;
4 Yasin;
5 Kuh;
6 Ghizar;
7 Ishkomen; and
8 Chilas,

Covering an area of 14,680 sq. miles)"

The same book at page 48 (No 51) reads,

"..thus, the British government secured lease of the area of Gilgit Wazarat for a period of sixty years. The lease was signed on March 26, 1935. As a result of the treaty of lease, changes were made in the nomenclature of the administrative units as:

1 Ladakh Wazarat (comprising Tehsils of Leh, Kargil and Skardo);

2 Astore district (formerly part of Gilgit district);
3 Gilgit (leased area) district;
4 Gilgit Agency

Thus, from the above-mentioned statements, it is clear that the State of Jammu & Kashmir prior to August 15, 1947, was administratively divided into provinces and all regions within the Jammu & Kashmir State held equal status to each other.

The Maharajas maintained their rule over the Ladakh region for more than a century. They formed a Wazarat (Governorship) of Ladakh out of Purig, Baltistan, Zanskar and central Ladakh (including Changthang). Although, some factions do not agree that Ladakh Wazarat held the status of a Governorship, it can be proved from documents that the Wazir of Wazarat held the authority of a Governor of a province.

On page 54 of the book, High Court of Judicature, Azad Jammu and Kashmir - Verdict on Gilgit and Baltistan (No. 58), the term Governor is defined and reproduced from the Declaration as:

"-----under the provisions of "Prevention of Sedition Act, 1971 Bik.", the term "Governor" was defined under Section 2(3). It is:

"Governor" means the governors of Jammu and Kashmir and the Wazirs of Ladakh and Gilgit with their respective jurisdiction."

Through the formation of a Wazarat comprising of Balti, Purig, Zanskar and central Ladakh, the Maharajas united the areas under one administrative block - areas already united under similar cultures, traditions, language, ethnicity, religious beliefs, trade and socio-economic links. Skardo was given the status of the winter capital of the Wazarat whereas Leh was the summer capital. The Wazarat was divided into Leh, Kargil and Skardo districts.

The people of Ladakh Wazarat also received representation in the State assembly, which proves their equal status to the Kashmir and Jammu provinces. As recorded from the book:

".the assembly was partly representative as some of the members were nominated by the Ruler of the State. Among them, four members were nominated from Wazarat of Ladakh; two were Buddhists from Leh, one Muslim from Skardo, one Muslim from Kargil ~ the nominated members from Ladakh Wazarat, were:

1 Raja Jigmet Dadool of Stok, from Leh
2 Nono Thsewang Rinchan from Leh
3 Raja Fateh Ali Khan of Skardo from Skardo
4 Kacho Ahmed Ali Khan from Kargil

The actual area and population of the different provinces of Jammu & Kashmir State are described on page 24 (No 16) of the same book. It says:

" The Jammu & Kashmir State spreads over 84,471 sq. miles. The area of Jammu province was 12,378 sq. miles; Kashmir province 8,539 sq. miles; and Ladakh, Gilgit and Frontier Ilaqas (Northern Areas) 63,554 sq. miles."

Again, on page 40 (No 48), the writer states:

"In the census of India, 1911, volume XX, Part I, REPORT ON KASHMIR, administrative set up of the state, as divided at the relevant time, was described at page 6. The province of Jammu comprised of:

1 Jammu;
2 Jasrota;
3 Udhampur;
4 Reasi; and
5 Mirpur districts.

Kashmir province comprised of:
1 Kashmir north;
2 Kashmir south; and
3 Muzzaffarabad.

The frontier area comprised of:
1 Ladakh Wazarat; and
2 Gilgit and Frontier Ilaqas

The internal Jagirs and dependencies were described as:

1 Poonch
2 Bhadarwah; and
3 Chaneni

This administrative description was followed in the subsequent reports for the years 1921, 1931, and 1941.

The position which emerged in 1941, as seen in the census report described above, in respect of the Frontier Wazarat, was:

1 Wazarat Ladakh, with Leh, Skardo and Kargil
2 Gilgit, with Gilgit Wazarat and Astore as Tehsils
3 Frontier Ilaqas ."

By 1948, as different nations were fighting to annex the State, the Wazarat of Ladakh existed with all its areas intact. Within a few months of the war and the tribal attacks, the whole scenario changed and Ladakh Wazarat got divided between Pakistan and India. Later, in all the agreements between Pakistan, India and the UNO, Baltistan was always referred to as Ladakh or the Pakistani administered part of Ladakh.

A few years later, the Gilgit Wazarat, the Gilgit Agency and Baltistan (the part of Ladakh under Pakistani administration) were transformed into one administrative unit known as the Northern Areas. This has been referred on page 40 (No 48) of the book; High Court of Judicature, Azad Jammu and Kashmir - Verdict on Gilgit and Baltistan as:

"..at present, Gilgit, Baltistan (part of Ladakh) and the former Frontier Ilaqas are designated as "the Northern Areas".

All the above-mentioned references clearly state the links between Baltistan and Ladakh confirming the centuries old bond.

After 59 years of confusion, distrust and disillusion, the world is considering the chances of reunification of both parts of the Jammu & Kashmir State. Now the question arises whether Baltistan should be directly incorporated into Pakistan or should the status of Ladakh Wazarat be restored in order to amalgamate the area with the Jammu & Kashmir State. By recognizing Baltistan as part of the Jammu & Kashmir State, it also gets the chance to choose from one of the many options emerging on the political arena i.e. incorporation of the State into Pakistan, India or a division between both. Some groups also talk of an independent State. Others talk of division on ethnic grounds and some consider religion to be the determining factor. China, occupying more than 40,000 sq. km of Ladakh, must also not be forgotten as they have forwarded claims to the UNO over Baltistan, Ladakh and Hunza-Nagar on different occasions. The more one thinks of this matter, the more options appear for consideration.

What ever the solution is to this dilemma, at least one thing is obvious, that the result should satisfy all the players. Players like the United States of America, the European Community, India, Pakistan, the Peoples' Republic of China, the United Nations Organisation, as well as the State Subjects. So where do the people of Ladakh and Baltistan stand?

One thing is clear that as long as Ladakh and Baltistan is divided, nothing would happen to promote interests of the region. Therefore, our major focus and concern should be to work together for the unification of both parts of Ladakh Wazarat. Instead of opposing the different possibilities related to our political future, we should rather try to turn those options in opportunity.

While selecting any of the options, social features like culture, language, historical background, trade and commercial links, economic security and geographical connections should be addressed as well.

If today, Kashmiris on both sides of the Line of Control (LOC) desire reunification, it is basic right of the people of Baltistan and Ladakh to look for the possibilities of their reunification as well. We have to assess how we can strengthen our links with Ladakh and why this link seems "INEVITABLE".

In future, if Ladakh Wazarat accepts the status of an autonomous administrative body, then the necessity to unify both parts of the Wazarat intensifies. The unified Ladakh would be stronger and subsequently would be able to enhance cultural, social, political and economic status. In this way, we can talk of more autonomy, legislation, and protection and ownership of local natural resources. In total, we will achieve more "CIVIC SECURITY". In order to ensure freedom of expression and religion, it would be necessary to maintain the secular face of the State. The unification of Ladakh Wazarat would also help in maintaining the secularity of the Jammu & Kashmir State. This way, we would be able to improve relations with our neighbours.

The area of Ladakh Wazarat is massive, i.e. approx 118,000 sq km. This will also give it an edge over the other regions. The border of our province would touch the countries of Tajikistan, Afghanistan, Nepal, P R China and Pakistan, turning this region into a principal trade and transit route and a tourist spot. Moreover, heavy economic investments by different development agencies are expected in this area in the future. With the advent of an economic boom, it is expected that our culture, traditions, sports, heritage perseverance, language etc. will receive prime attention reviving the centuries old civilization.

God has given us the opportunity to find optimum solution for this region. This way, we can ensure a prosperous future for the coming generations. We must not let others make decisions for us. If we fail to respond to this prevailing situation, then we might face another crisis similar to the one that happened in 1948, when the local population was forced to part ways.

We should extend our full co-operation to initiate dialogues with other interested parties of the Jammu & Kashmir State so that our demands could be heard. We should also request that the Pakistani government allow Ladakhis and Baltis on both sides of the LOC to talk to each other.

The people of Ladakh and Baltistan have tolerated the separation of the Wazarat for the last five decades. In 1948, Ladakh and Baltistan were separated through a conspiracy and we have to face its consequences. Now it is becoming a reality and a concern of the community that if a solution for the Jammu & Kashmir State is proposed which ends in a division of Wazarat Ladakh, then it will be a threat to regional security and to the local people as well. A divided Ladakh and Baltistan under any of the options might never be able to achieve socio-economic and cultural progress. The division of Ladakh and Baltistan amongst two or three countries would go against the interests of the region and the people, and this unnatural division should be dealt with strong opposition from both sides of the LOC.

REFERENCE

HIGH COURT OF JUDICATURE AZAD JAMMU & KASHMIR - VERDICT ON GILGIT AND BALTISTAN VOL I, PUBLICATION BY © KASHMIR HUMAN RIGHTS FORUM, MIRPUR AZAD KASHMIR, --- PRINTED BY PERCETAKAN ZAFAR SDN. BHD. KUALA LUMPUR