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GILGIT-Baltistan’s unclear political status remains the primary obstacle to its progress and development. Historically, the region has viewed itself as an integral part of Pakistan with its people independently liberating themselves from Dogra rule at the time of Partition. Despite having other choices, they unconditionally opted to join Pakistan, inviting government representatives to take control. This voluntary accession should have settled the region’s status as part of Pakistan. However, following an agreement between the leaders in Azad Kashmir, GB was redefined as a disputed territory under Pakistan’s administrative control. Pakistan chose to pursue a plebiscite in the disputed territory of Kashmir and GB. Ironically, this fundamental shift emerged without any consultation with the local population or leadership, consequently placing GB in a state of political limbo. To this day, Pakistan continues to administer the region under revenue regulations introduced by the Dogras.
Successive governments have treated the sensitive issue of land ownership rights cavalierly, extending little effort towards improving the Dogra system which pivots on discriminatory laws and traditions trespassing upon the rights of the weak. Most of the common land was defined as khalsa sarkar, virtually depriving the locals of any collective or individual claim on their own land. In 2017, when a small area of land was allotted to a development project, no compensation was extended to the affected people, leading to a dangerous law-and-order situation.
It was then that the government realised that ownership and usage of land could not be resolved through the existing system. Hence, the PML-N government formed a land reform commission, but no definite reforms emerged. However, the succeeding government, under the locals’ pressure, asked the chief secretary Mohyuddin Wani to draft a comprehensive law ensuring transparent procedures for establishing equitable rights for locals to useable land. Mr Wani formed a team of competent officers posted in GB to work on various aspects of the existing legal framework for land management. Interacting with numerous stakeholders, the team also examined customary practices for determining the parameters of usage of common land. A draft law addressing all aspects of land management, with 41 sections of the bill comprehensively covering all key concerns of GB residents, was produced in record time.
Successive governments have treated the sensitive issue of land ownership rights cavalierly.
However, influential people in illegal possession of land, and other groups with vested interests, politicised the issue, creating the misperception that the law was designed to take over their land. The PTI government, already known to have obstructed a constitutional reform bill granting provisional provincial status to GB, failed to enact the Land Reforms Act. Meanwhile, a tourism surge created new investment opportunities in hotels and resorts. Investors often purchased land without realising that land titles in many areas were ambiguous, leading to widespread litigation and unrest. Land grabbers also sold communal land without proper documentation or legal title. While some parts of the GB region were settled and documented by the revenue department, others lacked official records. Land ownership in these areas was governed by complex customary practices, leaving vulnerable individuals open to exploitation.
Despite the challenges, the current government under Haji Gulbar Khan took decisive action. Following extensive consultations with stakeholders and with the active involvement of committed politicians led by GB PPP president advocate Amjad Hussain, a draft law was prepared. The draft was based on the template already developed by former chief secretary Mr Wani, which was designed to address core stakeholder concerns. Despite opposition from vested interests, including those backed by land grabbers, Mr Hussain stood firm and with some compromises enabled the local assembly to pass this important law.
As a practical framework to address long-standing land issues in GB, the new law replaces the archaic colonial legal structure imposed by unrepresentative authorities lacking legitimate mandate. It comprehensively defines the individual rights of those in possession of or claiming land and introduces a process for categorising land as ‘partible’ (divisible) or ‘impartible’ (indivisible) to clearly resolve ownership rights for individuals, communities and the state. The law also provides a mechanism for identifying illegal possession of land by powerful individuals and their eviction.
While a significant step forward, the new law in Gilgit-Baltistan has some serious flaws that may lead unscrupulous elements to exploit it for compromising the rights of the vulnerable populations. Immediate attention is required to rectify these lacunae, lest the law ends up reinforcing existing inequalities.
A critical concern pertains to how the provincial and district apportionment/ partition boards are composed. Responsible for land distribution, these bodies are dominated by government functionaries, with nominal public representation. This imbalance raises serious questions about transparency and objectivity. Furthermore, essential procedural provisions, such as quorum requirements, meeting protocols, and agenda distribution, are left to be determined by the provincial board. Again, such ambiguity creates opportunities for manipulation and lack of accountability, with an open-ended number of co-opted members to be appointed by the chairmen of the provincial and districts boards. Crucially, there is no provision for the inclusion of neutral civil society members who could advocate for the concerns of ordinary citizens.
Adding to these flaws, some 50 per cent of the region has been excluded from the law’s implementation for land apportionment and title transfer, pending ‘settlement’ of these areas, thus denying nearly half the population the benefits of this legislation. Such exclusion enables influential individuals in unsettled areas to protect their vested interests at the expense of the weak, thus questioning the very purpose of the legislation.
Nonetheless, despite its shortcomings, the law represents progress in addressing a core issue. It is now for committed assembly members, such as Amjad Hussain, to spearhead efforts in clarifying integral legislative ambiguities. Equally important is the GB government’s resolve to ensure the law’s swift and effective implementation to catalyse the region’s investment clime, economic growth and much-needed employment opportunities for the youth. To truly deliver on this promise, the government must act decisively by initiating and completing implementation within the next six months, thus bringing succour to people who have waited far too long for justice and development.
The writer, a former IGP Sindh, belongs to Gilgit-Baltistan.
Published in Dawn, June 18th, 2025
