BALOCHISTANS’ CLAIMS ON NATURAL RESOURCES IN THE LIGHT OF CONSTITUTION, Archives 10.10.2005;

BALOCHISTANS’ CLAIMS ON NATURAL RESOURCES IN THE LIGHT OF CONSTITUTION

10.10.2005 http://www.balochunity.org/facts/789/

By: Nizamuddin Nizamani After recent wave of terror and violence, Balochistan the conflict ridden province is hot topic of debate. Parliamentary Committee disappeared but and track two diplomacy efforts are going on simultaneously to find perpetual solutions to the critical issues. Federal Government has been working and suggesting handing over of some of the portfolios at present with federation to the provinces.  On the other hand scholars, journalists and political critics have deliberated and opined on this sensitive issue, vital for the very stability of Pakistan, according to their own criteria. Most of them bombarded the press with their, at times logical but some time naïve views in a very sarcastic tone. Their criticism at times look pretty composed and very much convincing, when they discussed tragedy Dera Bugti, Some of them shifted whole of the responsibility to and tried to prove the demands by Nawab Akbar Khan Bugti and other nationalists as illegal and illegitimate in the light of constitutional Articles 24 and 172, concluding that  "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 criticized Nawab Akbar Bugti and blame him to be responsible for lawlessness, and violence, support establishment and criticize those who support dialogue process. The tragic aspect worth considering is the legitimizing and justifying the deprivation of Baloch native people that have been confessed by President Perwaiz Musharaf and all other politicians, in the name of constitution, which is supposed to be the custodian and guarantor to protect the citizens’ rights. Probably 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.  Previously Nawab Bai Khan,  Head of Makran state and Qued-eAzam signed similar Instrument of Accession pertaining about Makran State dated March 17, 1948.  As commentators and writers question the Baloch people’s 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 these two Instrument of Accessions signed separately, for the Public. These contain nine articles but articles 5 & 6 of both the agreements worth mentioning are as under.  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.  Baloch nationalist claim that according to these 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. Although another agreement was signed titling Balochistan States Union Merger Agreement dated October 25, 1956 under enigmatic circumstances; however legitimacy of 1952 amendment is debatable in the light of provisions 5 & 6 of Instrument of accession in vogue at that time. 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. Even the 1973 constitution provides that the net income of Natural Gas & Hydro-electric power must go to the provinces. Article 161 provides: "1, Notwithstanding the provision of Article 78 the net proceeds of Federal duty of excise on natural gas levied at well-head and collected by the Federal Government, and of the royalty collected by the Federal Government, shall not form part of the Federal Consolidated Fund and shall be paid to the Province in which the well-head of natural gas is situated. 2. The net profits earned by the Federal Government, or any undertaking established or administered by the Federal Government, from the bulk generation of power at a hydro-electric station shall be paid to the Province in which the hydro-electric station is situated."  As the 1973 is very clear and legitimacy of 1952 amendments are debated by the nationalists and they challenge it, therefore whole of the multi billion assets of Sui Southern & Northern Gas becomes the assets of Balochistan provinces not the federation. Or at least the period till this province was sole contributor to SSGC. In the event of its privatization the total auction price and net proceeds must also go to Balochistan. Considering the constitutional provisions, it is clear that what ever the Balochs have demanded so far are just their human rights, allowed in constitutions and charters of right under all available laws, local and international.  It appears that as they were punished for demanding minimum, therefore, now they are naturally pressing for the maximum. Balochistan therefore deserve serious attention of the politicians, scholars, serious newspapers and TV channels, planners and strategists to diagnose the situation through in-depth research, finding facts and realizing the ground realties.  For stable Pakistan, stability in half of its territory Balochistan is a must. Historical data proves that 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. Sanity must prevail instead of present chaos and confrontation.   Note: Writer is a trainer and social researcher in the field of Sustainable Development, Conflict Management, Peace and Mediation studies.