India Protests Pakistans Order On Gilgit Baltistan

In 2019, India vehemently protested an order issued by the Supreme Court of Pakistan concerning Gilgit-Baltistan (GB), a region formerly part of the princely state of Jammu and Kashmir. Gilgit-Baltistan has been under Pakistan's control since 1947, following an invasion by tribal militias and the Pakistan army. Initially referred to as the 'Northern Areas of Pakistan,' it was directly governed by Pakistan's federal government under the Karachi Agreement of 1949.

The region was renamed Gilgit-Baltistan after the GB Empowerment and Self-Governance Order in 2009, which established a legislative assembly and council. This order was superseded by the Gilgit-Baltistan Order of 2018, designed to integrate GB as Pakistan's fifth province through legislative, judicial, and administrative measures, similar to Baluchistan, Khyber-Pakhtunkhwa, Punjab, and Sindh. However, the 2018 order provides limited fundamental rights and does not grant constitutional status to GB. Gilgit-Baltistan is strategically vital, lying at the intersection of the Indian Subcontinent, Central Asia, and China. Its territory is more than five times larger than Pakistan-occupied Kashmir and includes Baltistan (part of Ladakh) and Gilgit. It is also significant for water and energy resources, as the Indus River passes through it and contains important glaciers like Siachen, holding significant hydro-electric potential. The China-Pakistan Economic Corridor (CPEC) passes through GB, making India reluctant to join Chinese-sponsored transport and infrastructure projects. India shares a 3,323 km border with Pakistan, divided into the International Border (IB), the Line of Control (LoC), and the Actual Ground Position Line (AGPL).

The Geopolitical Flashpoint: India's Protest Against Pakistan's Actions in Gilgit-Baltistan

The year 2019 witnessed a significant escalation in the long-standing dispute over Gilgit-Baltistan (GB) as India lodged a strong protest against Pakistan's intensified efforts to integrate the region as its fifth province. This move, characterized by legislative and administrative actions culminating in orders from the Supreme Court of Pakistan, reignited tensions between the two nuclear-armed neighbors and underscored the complex interplay of history, geography, and geopolitics that defines the Kashmir conflict. The protest was not merely a knee-jerk reaction but a culmination of decades of disagreement over the status of GB, a region that holds immense strategic importance due to its location, resources, and its role in China's ambitious Belt and Road Initiative (BRI).

The roots of the Gilgit-Baltistan dispute lie deep within the tumultuous history of the Indian subcontinent's partition in 1947. The British withdrawal from India led to the creation of two independent nations: India and Pakistan. The princely states, semi-autonomous entities under British paramountcy, were given the option to accede to either India or Pakistan. Jammu and Kashmir, a state with a majority Muslim population but ruled by a Hindu Maharaja, Hari Singh, initially hesitated to make a decision. Amidst this uncertainty, tribal militias, allegedly supported by the Pakistani army, invaded the state in October 1947. This invasion triggered Maharaja Hari Singh to accede to India, seeking military assistance to repel the invaders. Indian troops were dispatched, leading to the First Indo-Pakistani War.

The war ended with a ceasefire brokered by the United Nations in 1948, resulting in the division of Jammu and Kashmir. India retained control of approximately 65% of the state, including the Kashmir Valley, Jammu, and Ladakh, while Pakistan gained control of the remaining territory, which it refers to as Azad Kashmir and Gilgit-Baltistan. While India considers the entire Jammu and Kashmir, including GB, as its integral part, Pakistan views GB as a separate administrative entity under its control. This fundamental difference in perspective has been the source of continuous conflict and diplomatic friction between the two nations.

Gilgit-Baltistan, formerly known as the "Northern Areas," is a region of immense strategic significance. It borders Pakistan's Khyber Pakhtunkhwa province to the west, Afghanistan's Wakhan Corridor to the north, China's Xinjiang Uyghur Autonomous Region to the northeast, and the Indian-administered union territory of Ladakh to the east and southeast. Its location at the crossroads of South Asia, Central Asia, and China makes it a critical geopolitical node. The region's rugged terrain, high mountain ranges, and strategic passes have historically served as conduits for trade, migration, and military campaigns.

Beyond its geographic importance, GB is also vital due to its water and energy resources. The Indus River, one of the major rivers of the Indian subcontinent, flows through GB, making the region crucial for water security in both Pakistan and India. The region is also home to numerous glaciers, including the Siachen Glacier, the world's highest battlefield, which serves as a critical source of freshwater for the Indus River system. The melting glaciers contribute significantly to the river's flow, sustaining agriculture and livelihoods downstream. Furthermore, GB possesses significant hydro-electric potential, which could be harnessed to address Pakistan's energy needs. The Diamer-Bhasha Dam, a major hydro-electric project under construction on the Indus River in GB, is expected to generate thousands of megawatts of electricity, but its construction has also been mired in controversy due to environmental concerns and displacement of local populations.

Pakistan's administration of Gilgit-Baltistan has evolved over the decades. Initially, the region was directly administered by the federal government through the Ministry of Kashmir Affairs and Northern Areas. The Karachi Agreement of 1949 formalized this arrangement, placing the "Northern Areas" under the direct control of the Pakistani government. This agreement, however, was never fully accepted by all stakeholders, particularly those in GB who sought greater autonomy and self-governance.

In 2009, Pakistan introduced the Gilgit-Baltistan Empowerment and Self-Governance Order, which aimed to grant the region greater autonomy. The order established a legislative assembly and a council for GB, providing the region with a degree of self-governance. However, the order was criticized for not granting GB full constitutional rights and for maintaining significant control in the hands of the federal government. The legislative assembly's powers were limited, and the council, headed by the Pakistani Prime Minister, retained significant authority over key matters, including defense, foreign affairs, and finance.

The Gilgit-Baltistan Order of 2018, which superseded the 2009 order, further intensified the controversy. This order sought to integrate GB more closely into Pakistan's federal structure, essentially treating it as a de facto fifth province, alongside Baluchistan, Khyber-Pakhtunkhwa, Punjab, and Sindh. The order aimed to extend Pakistani laws and judicial jurisdiction to GB, while also providing for the election of representatives to the Pakistani parliament. However, the order was met with strong opposition from various quarters, including India, which viewed it as an attempt to unilaterally alter the status of the disputed territory. Critics also argued that the order did not grant GB full constitutional rights and that it further entrenched Pakistan's control over the region.

India's strong protest against Pakistan's actions in Gilgit-Baltistan stems from its long-held position that the entire Jammu and Kashmir, including GB, is an integral part of India. India maintains that Pakistan's control over GB is illegal and that any attempt to alter the region's status is a violation of international law and relevant UN resolutions. India's protests are not merely symbolic; they reflect a deep concern over Pakistan's intentions and the potential implications for regional stability.

India's concerns are multifaceted. First, India fears that Pakistan's integration of GB as its fifth province could set a precedent for further altering the status of the disputed territory. Second, India is concerned about the potential for increased Chinese influence in the region, given the China-Pakistan Economic Corridor (CPEC) passes through GB. Third, India is wary of the potential for increased instability and militancy in the region, which could have spillover effects on the Indian-administered Kashmir.

The China-Pakistan Economic Corridor (CPEC) is a collection of infrastructure projects that are under construction throughout Pakistan since 2013. Valued at over $62 billion USD, CPEC is intended to rapidly modernize Pakistani infrastructure and strengthen its economy by means of transportation networks, energy projects, and special economic zones. CPEC is a flagship project of China's Belt and Road Initiative (BRI), a massive infrastructure development program aimed at connecting China with the rest of the world through a network of roads, railways, ports, and energy pipelines.

CPEC passes through Gilgit-Baltistan, making the region a critical link in the corridor. The construction of roads, railways, and energy projects in GB has the potential to transform the region's economy and improve connectivity with the rest of Pakistan and China. However, CPEC has also raised concerns about its potential impact on the environment, local communities, and the region's disputed status.

India has strongly objected to CPEC, arguing that it violates India's sovereignty and territorial integrity since it passes through GB, which India considers to be illegally occupied by Pakistan. India has also expressed concerns about the potential for CPEC to further entrench Pakistan's control over the region and to increase China's strategic influence in the area. India's reluctance to join CPEC reflects its broader concerns about China's growing assertiveness in the region and its strategic partnership with Pakistan.

The legal framework governing Gilgit-Baltistan is complex and contested. Pakistan's claim to control over GB is based on the Karachi Agreement of 1949, which placed the "Northern Areas" under the direct control of the Pakistani government. However, the legal validity of this agreement has been questioned, as it was not signed by representatives of the people of GB. India, on the other hand, bases its claim to GB on the Instrument of Accession signed by Maharaja Hari Singh in 1947, which acceded the entire Jammu and Kashmir to India. India argues that Pakistan's control over GB is illegal and that the region should be returned to India.

The United Nations has also played a role in the Kashmir dispute, passing several resolutions calling for a plebiscite to determine the future of the state. However, the plebiscite has never been held, due to disagreements between India and Pakistan over the modalities of the vote. The UN resolutions on Kashmir remain relevant, but they have not been fully implemented, and the dispute continues to be a source of tension between the two countries.

The historical precedents for dealing with disputed territories are varied and complex. The annexation of Crimea by Russia in 2014 provides a relevant, albeit controversial, example. Russia's annexation of Crimea following a disputed referendum was widely condemned by the international community, which viewed it as a violation of international law and the principle of territorial integrity. The Crimean annexation highlights the challenges and complexities of altering the status of disputed territories and the potential for international backlash.

In the case of Gilgit-Baltistan, Pakistan's attempts to integrate the region as its fifth province have been met with strong opposition from India and concerns from other international actors. The international community is divided on the issue, with some countries supporting Pakistan's position and others supporting India's position. The lack of a clear international consensus on the status of GB makes it difficult to resolve the dispute and increases the potential for further conflict.

The key stakeholders in the Gilgit-Baltistan dispute have divergent positions and interests. India views GB as an integral part of its territory and seeks to prevent any alteration of the region's status. Pakistan views GB as a separate administrative entity under its control and seeks to integrate the region more closely into its federal structure. China has economic and strategic interests in GB, given that CPEC passes through the region. The people of GB have diverse views on the issue, with some supporting integration with Pakistan, others supporting greater autonomy, and still others supporting reunification with India.

The broader implications of the Gilgit-Baltistan dispute are significant. The dispute has the potential to further escalate tensions between India and Pakistan, leading to increased military activity in the region. The dispute also has implications for regional economic development and trade, as it disrupts connectivity and investment. Furthermore, the dispute has implications for the rights and freedoms of the people of GB, who are caught in the middle of the conflict.

The Gilgit-Baltistan dispute is connected to several other ongoing issues in the region, including the Kashmir dispute, cross-border terrorism, and the China-Pakistan Economic Corridor (CPEC). The Kashmir dispute is the root cause of the conflict between India and Pakistan, and it continues to be a major source of tension. Cross-border terrorism, which India accuses Pakistan of sponsoring, further exacerbates the conflict. CPEC, which passes through GB, has added a new dimension to the dispute, as it involves China and raises concerns about its strategic influence in the region.

The historical connections to the Gilgit-Baltistan dispute are also important to consider. The partition of India in 1947 created the conditions for the Kashmir dispute and the division of Jammu and Kashmir. The Indo-Pakistani Wars of 1947, 1965, and 1971 further solidified the division and led to increased tensions between the two countries. The Simla Agreement of 1972, which aimed to resolve the Kashmir dispute through bilateral negotiations, has not been fully implemented, and the dispute continues to fester.

The future outlook for the Gilgit-Baltistan dispute is uncertain. Continued tensions between India and Pakistan over the region are likely. Pakistan may take further legal and administrative measures to integrate GB, while India will continue to protest these actions. International mediation or intervention may be necessary to resolve the dispute, but the prospects for a breakthrough are slim. The dispute is likely to remain a major source of instability in the region for the foreseeable future.

The Line of Control (LoC), the International Border (IB), and the Actual Ground Position Line (AGPL) are critical demarcations that define the territorial realities and military deployments along the India-Pakistan border. The LoC, established after the 1947-48 war, serves as the de facto border between the Indian and Pakistani-administered portions of Jammu and Kashmir. It is a highly militarized zone, with frequent skirmishes and ceasefire violations. The IB, on the other hand, represents the recognized international boundary between India and Pakistan outside of the disputed territory of Jammu and Kashmir. It is generally more stable than the LoC, but it is also heavily guarded and prone to occasional tensions. The AGPL divides the current positions of Indian and Pakistani troops in the Siachen region, the world's highest battlefield. The AGPL is a highly contested area, with both sides maintaining a significant military presence in extremely harsh conditions.

The Supreme Court of Pakistan's involvement in the Gilgit-Baltistan issue underscores the complex interplay of legal, political, and strategic considerations. As the highest judicial body in Pakistan, the Supreme Court has the power to interpret laws and issue rulings that can have significant implications for the region. Its orders concerning GB reflect Pakistan's efforts to assert its sovereignty and control over the region, but they also raise questions about the legal status of GB under international law and the rights of the people of GB. The Supreme Court's decisions are closely watched by India and the international community, as they can have a significant impact on the dynamics of the Kashmir dispute.

The ongoing dispute over Gilgit-Baltistan is a multifaceted challenge that requires a comprehensive approach. Addressing the root causes of the conflict, promoting dialogue and cooperation between India and Pakistan, and ensuring the rights and freedoms of the people of GB are essential for achieving a lasting solution. The international community has a role to play in facilitating dialogue, providing humanitarian assistance, and promoting respect for international law. A peaceful and just resolution of the Gilgit-Baltistan dispute is crucial for regional stability and the well-being of the people of the region.

The strategic importance of Gilgit-Baltistan cannot be overstated. It serves as a crucial land link between Pakistan and China, facilitating trade and economic cooperation between the two countries. The China-Pakistan Economic Corridor (CPEC), a flagship project of China's Belt and Road Initiative (BRI), passes through GB, making the region a vital artery for China's ambitious infrastructure development program. The presence of CPEC in GB has further complicated the dispute, as it has increased China's strategic interest in the region and raised concerns about its potential impact on India's security.

The region's water resources also contribute to its strategic significance. The Indus River, which flows through GB, is a lifeline for Pakistan's agriculture and economy. The glaciers in GB are a critical source of freshwater for the Indus River system, sustaining millions of people downstream. Control over these water resources gives GB significant leverage in the region, making it a valuable asset for both Pakistan and India.

The rugged terrain and high mountain ranges of GB have historically served as natural barriers, but they also provide opportunities for military operations. The Siachen Glacier, the world's highest battlefield, is a testament to the strategic importance of the region's mountainous terrain. Both India and Pakistan maintain a significant military presence in Siachen, despite the extremely harsh conditions and the high cost of maintaining troops in the area.

The Gilgit-Baltistan dispute is not just a territorial conflict; it is also a struggle for identity and self-determination. The people of GB have diverse ethnic and cultural backgrounds, and they have historically been marginalized and excluded from decision-making processes. Many people in GB feel that they have been denied their basic rights and that their voices have not been heard. Addressing the grievances of the people of GB and ensuring their participation in decisions that affect their lives is essential for achieving a lasting solution to the dispute.

The political landscape in Gilgit-Baltistan is complex and fragmented. Various political parties and groups compete for influence in the region, representing a wide range of ideologies and interests. Some parties support integration with Pakistan, while others advocate for greater autonomy or even reunification with India. The political dynamics in GB are constantly evolving, and they are influenced by both internal and external factors.

The economic development of Gilgit-Baltistan has been hampered by the ongoing dispute and the lack of investment. The region has significant potential for tourism, agriculture, and hydropower, but these sectors have not been fully developed due to the instability and uncertainty caused by the conflict. Investing in the economic development of GB and creating opportunities for local communities is essential for improving the lives of the people of the region and reducing the potential for conflict.

The environmental challenges facing Gilgit-Baltistan are also significant. The region is highly vulnerable to climate change, and the melting glaciers are posing a threat to water security. Deforestation, overgrazing, and pollution are also contributing to environmental degradation. Addressing these environmental challenges and promoting sustainable development is essential for protecting the region's natural resources and ensuring the long-term well-being of its people.

The humanitarian situation in Gilgit-Baltistan is often overlooked. The region is prone to natural disasters, such as earthquakes and landslides, which can cause significant damage and displacement. Access to healthcare, education, and other essential services is limited in many parts of the region. Providing humanitarian assistance and improving access to basic services is crucial for alleviating suffering and promoting human dignity.

The Gilgit-Baltistan dispute is a complex and long-standing challenge that requires a comprehensive and multi-faceted approach. Addressing the root causes of the conflict, promoting dialogue and cooperation between India and Pakistan, ensuring the rights and freedoms of the people of GB, investing in economic development, addressing environmental challenges, and providing humanitarian assistance are all essential for achieving a lasting solution. The international community has a crucial role to play in supporting these efforts and promoting a peaceful and just resolution of the dispute. The stakes are high, and the future of Gilgit-Baltistan and the stability of the region depend on finding a way to break the cycle of conflict and build a future of peace and prosperity.

The concept of self-determination plays a significant role in the context of Gilgit-Baltistan. The people of GB, like any other population, have the right to determine their own political status and to freely pursue their economic, social, and cultural development. However, the exercise of self-determination in GB is complicated by the disputed status of the region and the conflicting claims of India and Pakistan. Any resolution of the GB dispute must take into account the wishes and aspirations of the people of GB and ensure their meaningful participation in the decision-making process.

The role of non-state actors in the Gilgit-Baltistan dispute should not be underestimated. Militant groups, religious organizations, and civil society organizations all play a role in shaping the dynamics of the conflict. Some of these actors may have vested interests in maintaining the status quo, while others may be working towards a peaceful resolution. Understanding the motivations and activities of these non-state actors is essential for developing effective strategies for conflict resolution.

The media also plays a crucial role in shaping public opinion about the Gilgit-Baltistan dispute. The media can either contribute to escalating tensions or promote dialogue and understanding. Responsible journalism that provides accurate and balanced information is essential for fostering a more informed and constructive debate about the issue.

The role of international law in the Gilgit-Baltistan dispute is complex and contested. Both India and Pakistan rely on different interpretations of international law to support their claims to the region. The International Court of Justice (ICJ) could potentially play a role in resolving the legal aspects of the dispute, but both countries would need to agree to submit the case to the ICJ.

The Gilgit-Baltistan dispute is a reminder of the enduring challenges of resolving territorial conflicts in the 21st century. The dispute highlights the importance of addressing the root causes of conflict, promoting dialogue and cooperation, respecting the rights and freedoms of all people, and upholding international law. Finding a peaceful and just resolution to the Gilgit-Baltistan dispute is not only essential for the stability of the region but also for upholding the principles of peace and justice in the world. The path forward requires a commitment to diplomacy, a willingness to compromise, and a recognition of the shared interests of all stakeholders.