By: Nizamuddin Nizamani
Researcher
Nizambaloch@yahoo.com
Balochistan the largest province and conflict ridden province of Pakistan is once again in flames, and hot topic of debate in the media. The scholars, journalists and political critics have deliberated and opined on this critical issue, vital for the very stability of Pakistan.
Their criticism at times look pretty composed and very much convincing as they discuss overall scenario prevailing around Dera Bugti,. Some of them prove the demands by Akbar Khan Bugti and other nationalists as illegal and illegitimate in the light of constitutional Articles 24 and 172.
According to their understanding of law "oil well and the land containing it becomes the property of the state and the original owner ceases to have any rights there to except for compensation for the acreage at the going rate." They also criticize Akbar Bugti and blame him to be responsible for lawlessness, and violence, support establishment and criticize those who support dialogue process. They looked surprised on the demonstration of weapons and militancy too.
The contentions of these experts are debatable, because they seem to have missed other side of the picture completely. Their learning seems depending upon the ordinary government published material. Their opinions portray personal prejudices and priorities and show support for specific school of thought regarding this highly sensitive issue.
Working on Balochistan’s’ ethno political conflicts and development process for last one and half year, for me that stuff is a normal campaign from a particular mind frame regularly appearing in the paper. However, as a researcher I am compelled to conclude that contention of these commentators are not the out come of research oriented learning , but stereotype opinion prevailing in dominant sociopolitical class based on the theory of invasion, which itself is a root cause of Balochistan problem.
One tragic thing worth considering is the legitimizing and justifying the deprivation of Baloch native people (confessed by President Perwaiz Musharaf and all other politicians) in the name of constitution supposed to be the custodian and guarantor to protect the citizens’ rights. I am afraid most of the writers have almost either missed or forgot the origin of constitutional development process particularly its components pertaining to Balochistan.
Literature, documents and information available in the historical achieves show that vast majority of the active Baloch leadership of the time, religious and political together, wanted to live independent because they were doubtful of their future treatment. It was personal friendship, attachment and trust of Khan of Kalat in Quaed-Azam on one hand and some pressure on the other that resulted in the conditional accession to Pakistan.
Balochistan was annexed to Pakistan through Instrument of Accession signed by than Khan of Kalat Ahmed Yar Khan dated March 27, 1948 (under enigmatic circumstances) and accepted by the Father of the nation, Quad-Azam Mohammad Ali Jinnah dated March 31, 1948.
As many commentators and writers question the Baloch peoples claims on their resources in the name of constitution, it will not be out of place to bring into light the articles and conditions of Instrument of Accession for the Public. It contains nine articles as under:
1. I hereby declare that I accede to the Dominion of Pakistan with the intent that the Governor-General of Pakistan, the Dominion Legislature, the Supreme Court and any other Dominion authority established for the purposes of the Dominion shall, by virtue of this my Instrument of Accession, but subject always to the terms thereof, and for the purposes only Dominion, exercise 1n relation to the State of Kalat (Balochistan) such functions as may be vested in them by or under the Government of India Act, 1935, as in force ,in the Dominion of Pakistan on the 15th day of August 1947.
2. I hereby assume the obligation of ensuring that due effect is given to the provisions of the Act within this State so far as they are applicable therein by virtue of this My Instrument of Accession.
3. I accept the matters specified in the Schedule hereto as the matters with respect to which the Dominion Legislature may make laws for this State.
4. I hereby declare that I accede to the Dominion of Pakistan on the assurance that if an agreement is made between the Governor-General and the Ruler of this State whereby any functions in relation to the administration in this State of any law of the Dominion Legislature shall be exercised by the Ruler of this State (Balochistan government), then any such agreement shall be deemed to form part of this Instrument and shall be construed end have effect accordingly.
5. Nothing in this Instrument shall empower the Dominion Legislature to make any law for this State authorising the compulsory acquisition of land for any purpose, but I hereby undertake that should the Dominion for the purposes of a Dominion law which applies in this State deem it necessary to acquire any land, I will at their request acquire the land at their expense or if the land belongs to me transfer it to them on such terms as may be agreed, or, in default of agreement, determined by an arbitrator to be appointed by the Chief Justice of Pakistan.
6. The terms of this my Instrument of Accession shall not be varied by any amendment of the Act or of the Indian Independence Act, 1947, unless such amendment is accepted by me by an Instrument supplementary to this Instrument.
7. Nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future constitution of Pakistan or to fetter my discretion to enter into arrangements with the Government of Pakistan under any such future constitution.
8. Nothing, in this Instrument affects the continuance of my sovereignty in and over this State, or, Save as provided by or under this Instrument, the exercise of any powers, authority and rights now enjoyed by me as Ruler of this State or the validity of any law at present in force in this State.
9. I hereby declare that I execute this Instrument on behalf of this State and that any reference in this Instrument to me or to the Ruler of the State is to be construed as including a reference to my heirs and successors.
Baloch nationalist claim that according to articles 5 and 6, federal government had no privilege to amend the constitution or acquire any land for what so ever purpose, but in the utter violation of the promises and agreements signed by Qued-e-Azam Mohammad Ali Jinnah, after exploration of the natural gas at Sui in 1952, the constitution was amended overnight without their consent, where in natural resources were taken as federal government property.
Even after this amendment they demanded 5 percent of income from the natural gas for the development of local area as per the provision of Indian Mining Act 1935 in vogue at that time, but no one listened to them. They pressed their demands in Parliament and Senate, entered into peaceful dialogue with federal government, chanted slogans in the streets, organized demonstrations and press conferences but to no avail. Before and after the ban on political activities by General Zia regime, the political activist went underground and appeared to have started preparing for an armed struggle against the federal government. The previous regimes and dictators, military and civilian together, created havoc and an aura of occupation forces.
Farmer Minister and Ambassador to United States Begum Syeda Aabda Hussain concludes this scenario in ARY digital talk show, Insight dated March 22, 2005 in these words "We have practically demonstrated the tone and attitude of an occupation force and we are treating Balochistan as conquered territory. Being a representative of Punjab I feel embarrassed when I saw the situation prevailing in Quetta. The city is stretched on both the sides of Military Staff Command College, and local people are required to have special permission pass to go from one corner to other in their native city. Coast guards and paramilitary forces have created harass among the local people. When a Brigadier moves on the road all the traffic is blocked and roads are cleaned for him, a very strange seen for the people who see many of them moving around in Lahore, Pindi, Multan and Karachi unnoticed. I am afraid we are sowing the seeds of hatred that will be lethal for the very stability of the country."
In the same talk show Mr Imran Khan Chairman Pakistan Tahrek-Insaf, fully endorsed her views.
It seems therefore the lack of credibility at the part of previous federal governments, after scores of broken promises that have created the aura of mistrust responsible for the present crises in Balochistan. This crises and issue is not limited to Dera Bugti, it is sense of deprivation prevailing all over Balochistan observable by any one, which caused the furor and uproar in the province and all over the country.
What ever they have demanded so far are just their human rights allowed under constitutions and charters of right under all available laws, local and international. They were punished for demanding minimum, now they are naturally pressing for maximum.
It is probably the arrogance at our part that we researchers, political scientists, sociologists and strategists have adapted sort of rock mentality and we are not ready to see other side of the picture. In my personal opinion this kind of attitude is directly responsible for today’s escalation and in the absence of empathetic negotiation; it turned to chaos and confrontation.
Balochistan therefore deserve serious attention of the scholars, planners and strategists to diagnose the situation through in-depth research, finding facts and realizing the ground realties. Otherwise one sided contention and comments will only add insult to the injury and instead of resolving the issue will only foment the fire, and further give logic to the extreme radicals who will logically justify that they are doing right and working on the only option available to them i.e. militancy and resistance.
For stable Pakistan, stability in half of its territory Balochistan is a must. Ignorance, traditional arrogance, and adventurism reaped nothing so far.
It is advisable and in fitness of things to adapt an empathetic attitude to address the real grievances among Baloch populace and diffuse the tension, otherwise the conflict and confrontation will only shift the center from Dera Bugti and will spread towards nooks and corner of Balochistan and may deal a lethal below to the very roots of federation.
Note: Writer is a trainer and social researcher in the field of Sustainable Development, Conflict Management, Peace and Mediation studies. |
