The Northern Areas of Pakistan, which are not a constitutional part of Pakistan, are being subjected to untold miseries with special respect to basic human, legal and constitutional rights and also the mode of governance in the region.
The people of Northern Areas of Pakistan fought an indigenous and independent war for their freedom from the cruel clutches of the Dogra Rule. This freedom war was neither externally motivated nor externally assisted. In this view, it can be termed as an expression of their right to self determination as envisaged in the charter of the United Nations. The people, after gaining freedom from Dogra rule, opted to join Pakistan without any pre-conditions, but in response to this good-will gesture, the Government of Pakistan imposed a colonial system of governance in the form of the Frontier Crime Regulation (FCR), known as the ‘black law’.

The Bhutto Government abolished this ‘black law’ in 1972, and direct federal rule was introduced in the region. The introduction of this direct federal rule also could not meet the requirements of the people of the region, and they were not given any protection under the constitution. Instead the area is still being governed under an ad-hoc system.

The Government of Pakistan in general and the KANA Division authorities are a target of open criticism in the area for not bringing socio-political and economic stability to the region. Instead they have created a situation that has left the constitutional status of the region under dispute, and also brought socio-political and economic instability to the region.

Since the people of the region have no political representation in any of the electoral colleges of the country, they cannot speak for their rights. The people of the area have no proper forum from which to call for the resolution of their issues both at the national as well as local levels. It is unfortunate too that the devolution plan, put in place in other parts of the country, has not been extended to the Northern areas.

Society in these areas is divided into three different sects of Islam, Shia, Sunni and the Ismaili. The Shia sect is in the clear majority throughout the region, with the very small exception of Chilas, Darel and Tangir villages of the Diamer district.

The Shia community in 1999 peacefully raised the issue of curriculums taught at schools and their religious content. The authorities promised to look into this, but the lethargic approach adopted since then has meant the issue remained unresolved for the past five years.

Consequently, this year, school children were compelled to come out on the streets to protest for the resolution of their problem and hold a hunger strike for two days to peacefully register their protest with the authorities. Instead of attempting to resolve the issue, the local administration in close collusion with the Ministry of Kashmir Affairs & Northern Affairs at Islamabad, arrested the school children and subjected them to untold torture, humiliation and harassment. The local administration did not even hesitate to put these innocent juveniles behind the bars without respecting the Juvenile Justice System Ordinance (JJSO) promulgated in the country, which duly stands extended to the Northern Areas.

One-month prior to this unprecedented violence, the curriculum issue was resolved at the local level and all the sects of the region agreed to the settlement on three points formula e.g.

1. In Shia majority areas, the controversial aspects of the curriculum would not be taught, and the Shia faith would be taught.
2. In Sunni majority areas, the curriculum would be taught as it is.
3. In the areas where there is mixed population, the curriculum would specify the faith of both the sects.

After, reaching the above settlement, the local government sought time to get final approval of the said settlement from the Chief Executive Northern Areas Legislative Council (Minister KANA) and the Deputy Chief Executive of NALC was assigned with the task of getting approval from the competent authority. The Chief Executive NALC refuted to assent to the settlement for reasons best known to him, due to which the situation aggravated. The Shia leadership, in response to the adamant attitude of the competent authority, called for a peaceful strike on June 3rd 2004. The local government decided to arrest the top leadership and to impose curfew in the area, which they did.

Consequent upon the imposition of curfew and the arrest of the top leadership, the situation was further aggravated and led to violence of the worst kind. The government functionaries imposed a curfew that continued for about 130 hours continuously.
The HRCP core group for the Northern Areas intervened in the situation, and established their groups in different affected areas to help pacify the tense situation, and also attempted to collect the information about all untoward incidents in the area.

During this episode, the HRCP Core Group Northern Areas noticed the following violations of human rights;

» On the first day of imposition of curfew e.g. June 3, a boy, 17, was stabbed to death by an employee of Frontier Constabulary.
» On the same day, the security forces critically injured six other civilians, while two security officials sustained firearm injuries.
» On the second day of the curfew the security forces opened indiscriminate fire on the houses of the civilians injuring one woman sitting in her drawing room.
» On the second day of the curfew, an old sick man, aged about 65 years, breathed his last in his house due to non-provision of medical treatment. The curfew prevented him from reaching medical help.
» On June 6, the third day of curfew, the security forces opened unwarranted fire with heavy arms on 11 civilians traveling out from Gilgit Town during a break in curfew killing three on the spot and injuring four others.
» The people of the town faced food shortages during this unprecedented and prolonged curfew.
» Pregnant women gave birth to babies during the tough hours of curfew without any medical aid.
» Taking benefit of this unwarranted curfew, the government functionaries demolished the houses of Nomal community on a disputed land between the community and the local government and forcibly occupied the land of the said community.
» This demolition caused damages of about Rs 8 million to the community.
» The affected community belongs to the Shia sect, and as such the action taken can again aggravate the sectarian situation.
» The security forces arrested innumerous innocent juveniles and they are still being subjected to torture and harassment.

After this violence, the local government simply agreed to enforce the formula already put in place to resolve the curriculum issue. It is unclear why this could not have been done earlier, or why, even after the settlement, the curfew was kept in place.

Reasons for violence:

a) Non-involvement of people of the region n the political mainstream of the country
b) Indifferent attitude of the government functionaries controlling the affairs of the area.
c) Strong bureaucratic system, weak justice system and weak political institutions.

Recommendations

I. Involvement and full participation of the people of the region in the political mainstream, by giving them representation in the political institutions of the country.
II. If the above recommendation cannot be entertained, the people of the region may be given the right of self-rule on the pattern of Azad Kashmir, as directed by the apex court of the country in its judgment dated May 28, 1999.
III. An independent and competent judiciary for the region so that the people have access to justice.
IV. Inter-provincial transfers of the local government functionaries at all level.

Report by HRCP core group, Northern Areas