China-Pakistan Economic Corridor: A Study of Chinese Soft Power and Power Dynamics

• In Event: Power and Democracy

Abstract

This research paper delves into the intricate and contentious issue of Gilgit-Baltistan's constitutional limbo and its profound implications for human rights, power dynamics, and democratic processes. Gilgit-Baltistan (GB), a strategically significant region located in the extreme north of Pakistan and bordering Republic of China. The region has been under Pakistan's administrative control since 1947. However, its legal status remains ambiguous due to its integral association with the broader Kashmir dispute between Pakistan and India. Both nations claim the region, yet neither recognizes its inhabitants as constitutional citizens, placing them in a state of statelessness that exacerbates their vulnerability to human rights violations and disenfranchisement.

The paper explores the historical and political contexts that have led to the current constitutional ambiguity of Gilgit-Baltistan. Despite being administered by Pakistan for over seven decades, the region is not constitutionally integrated into the country, leaving its approximately two million residents without the full rights and protections afforded to Pakistani citizens. This lack of constitutional recognition means that the people of GB are excluded from key democratic processes, including national elections, and do not have proper representation in the federal legislative bodies. The region's administrative setup, governed by a series of presidential orders rather than constitutional mandates, underscores its precarious legal standing.

Through a mixed-methods approach, this research incorporates qualitative data from first-hand interviews with local lawyers, human rights activists, political leaders, and members of the Gilgit-Baltistan Legislative Assembly (GBLA). These insights are supplemented by quantitative data from surveys and secondary sources to provide a comprehensive analysis of the region's political and legal landscape. The findings reveal a complex interplay between power dynamics and human rights, highlighting how the region’s ambiguous status facilitates systematic rights violations and undermines democratic governance.

One significant consequence of this constitutional limbo is the persistent human rights abuses in Gilgit-Baltistan. The lack of clear legal status has led to arbitrary governance practices, including land appropriation without proper compensation, suppression of political dissent, and restrictions on freedom of expression and assembly. The absence of constitutional safeguards means that residents have limited avenues for redress and accountability, further entrenching their disenfranchisement and marginalization.

Moreover, the power dynamics in Gilgit-Baltistan are heavily skewed. The central government's control over the region's administrative and legislative affairs diminishes local autonomy and exacerbates feelings of political disenfranchisement among the populace. The GBLA, although functioning as a legislative and judiciary, has limited powers and operates under the overarching authority of the federal government. This imbalance of power not only stifles local governance but also perpetuates a cycle of dependency and underdevelopment.

In conclusion, this paper provides a detailed examination of the constitutional limbo of Gilgit-Baltistan and its ramifications for human rights, power structures, and democracy. It calls for a reassessment of the region’s legal status to ensure that the fundamental rights of its residents are protected and that democratic principles are upheld. By addressing these issues, Pakistan can take a significant step towards resolving one of its most pressing regional disputes and promoting greater stability and justice within its borders.

Author

• Ejaz Karim, Yunnan Minzu University, China