I wish to bring to your attention my outrage over the recent developments that are underway in the US Congress following the hearing on Baluchistan by the Oversight and Investigation Sub-committee of the House of Representatives Foreign Affairs Community on February 8, 2012. Needless to say the fact that a debate is taking place on Capitol Hill which in essence talks of the dismemberment of Pakistan is highly disturbing. This has the potential of having serious repercussions not only for the future of relations between Pakistan and the United States but also for the stability of the region which in turn can have serious global implications.

In this regard, I would like to point to the following:

Baluchistan is an integral part of the Pakistani federation. Pakistan is a democracy conducting itself in accordance with international law. Pakistan’s elected Parliament and the Provincial Assembly of Baluchistan, the independent judiciary, a vigorous media and a thriving civil society are all avenues for expression and seeking redress of grievances, political and economic.

The Government of Pakistan is committed to protecting fundamental rights and freedoms in all parts of Pakistan, including Baluchistan, and has initiated an extensive package of constitutional and other reforms to empower all citizens in the continuing consolidation of democracy.

Last November, a reforms package for the province of Baluchistan was unanimously passed by the Parliament of Pakistan which inter-alia states the following:

• Return of political exiles to Pakistan will be facilitated (except those known to be involved in terrorist activities)
• Trace all missing citizens, facilitating their immediate release
• Ending construction of military cantonments within the cities. Army will leave the cities and hand over security to the Frontier Constabulary (FC). The FC will also replace the Army in SUI, the city which provides gas to the entire country.
• The FC’s law-enforcement role to be under the chief minister, powers conferred under the customs act to be withdrawn and the coastguard to perform its primary duty of checking arms and narcotics smuggling
• Rs120 billion to be given as gas royalty by the Federal government to the province
• There will be ownership of Baloch citizens in oil and gas companies
• Consent of the Baluchistan legislature in launch of all mega development projects
• 10 percent of profits to be allocated for development of areas with natural resources
• Constitutional matters to be settled by Constitutional Reforms Committee of Parliament
• Restructuring of National Finance Commission Award criteria to benefit maximum number of people within the province
• Judicial probe to be held into killings of Akbar Bugti and other Baloch leaders
• Release of all political workers except those charged with heinous crimes
• Political dialogue with all stakeholders is being conducted
• End of all security operations targeting the Baloch except actions against terrorism
• The Federal Government to immediately give 20 per cent from its 30 per cent shares in
• Saindak project to the province, which will exclusively own it on completion and after
• withdrawal of the foreign company
• Judicial probe into the allotment of land at Gwadar
• Special quota in HEC scholarships to ensure access of education
• 5,000 additional jobs at the earliest
• Parliament Committee on National Security to monitor package implementation

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In January 2012, Pakistan’s Interior Minister Rehman Malik constituted a task force for the implementation of Balochistan package. The interior secretary would head the task force while additional secretaries of ministries concerned would be its members. According to Interior Ministry, keeping in view the complaints from various quarters, a close monitoring system is needed to be evolved to check progress of the implementation by ministries and departments concerned. It is, therefore decided that the concerned ministries would prepare their suggestions to evolve a system to make it more expeditious and result-oriented mechanism for the implementation of package.

The Interior Minister was informed that many matters relating to provincial government have not yet been implemented and they need immediate attention of the provincial government. Frontier Constabulary (FC) and Coast Guards have been strictly prohibited from intercepting any vehicle on the RCD highway. Now they will not stop any vehicle and take it to road side with the purpose of checking. The interior secretary has been asked to ensure this from the IG FC and DG Coast Guard.

The other decisions taken at the meeting pertained to follow up of the policy of the government that all contractual employees recently recruited under the Aghaz-i-Haqooq-i-Balochistan in the federal government departments would stand regularised from January 20. The federal government had asked the provincial government to regularise all the employees recruited under the package and being funded by the federal government.

It is unfortunate that the Congressional hearing was marked by a blatant disregard for history and inflammatory use of selective facts. It is deeply regrettable that the legislature of a country that calls itself a friend of Pakistan should allow itself to be used as a platform by those advocating the dismemberment of Pakistan. This kind of exercise constitutes interference in Pakistan’s internal affairs.

The hearing will be detrimental to building mutual trust and confidence and will add to suspicions in Pakistan about the US’ motives in the region and concerning Pakistan. The bilateral relationship and the joint Pakistan-US fight against terrorism will be major casualties at a sensitive moment when the two countries need to focus the most on defeating this common enemy.”

(Details of the Baluchistan package are placed below for use by the Community)

Balochistan Package

The Government of Pakistan presented the Aghaaz-e-Huqook Balochistan to a joint sitting of Parliament on November 24. The landmark package contains several initiatives to address the problems of the Baloch people and bring them into mainstream.

Highlights of the Package

A. Constitutional-related Matters

1. Constitutional Reform: A parliamentary committee has been constituted to consider various amendments in the constitution, including on provincial autonomy;

2. Constitutional Reform: The quantum, form and scope of provincial autonomy will be

determined by the Parliamentary Committee on Constitutional Reforms. The following provisions of the constitution on provincial autonomy are under consideration of the committee; (i) Deletion of the Concurrent List from the Fourth Schedule of the Constitution; (ii) Deletion of the Police Order, 2002 and The Balochistan Local Government Ordinance, 2001 from the Sixth Schedule of the Constitution; (iii) Effective implementation of Article 153 of the constitution, Council of Common Interests; (iv) Implementation of Article 160 of the constitution, NFC Award;

3. Restructuring of the NFC Award criteria: In the past, the formula was based on population. This has been changed and other criteria such as inverse population ratio, backwardness, poverty and resource generation need to be taken into consideration.

B. Politically-related Matters

4. Release of Political Workers: The federal government in consultation with the provincial government should immediately release all political workers, except those charged under heinous crimes;

5. Political Dialogue: Initiation of a political dialogue with all major stakeholders in the political spectrum of the province, to bring them into the mainstream politics.

6. Return of Exiles: Return of political exiles to Pakistan to be facilitated. (Except those involved in acts of terrorism).

7. Provincial Assembly Resolutions: Resolutions of the National Assembly from 2002 until date, related to the province, be implemented within the legal framework of the constitution.

8. Local Government: The Balochistan Local Government Ordinance to be amended by the provincial government keeping in view the administrative needs of the province.

C. Administratively-related Matters

9. Operations by Federal Agencies: Review of the role of federal agencies in the province and stop all such operations that are not related to the pursuit of fighting terrorism;

10. Construction of Cantonments: Presence of the army in Sui will be withdrawn and replaced by the FC in pursuit of peace in the present situation. Proposals should not be formulated for the construction of new cantonments except in frontier areas;

11. Commission: A commission constituted in respect of the missing persons. The commission is headed by sitting member of the superior judiciary from Balochistan, including the federal defence, interior ministers and the home minister of the province. The proceedings of such a commission shall be held in camera.

12. Missing Persons: The names of missing persons be identified and following actions be taken immediately, after verification, in any case, if they are found to be in custody. (i) Those persons against whom there are no charges be released. (ii) Those persons against whom there are charges be brought before a court of competent jurisdiction within seven days for trial (effective from the date of promulgation of commission). (iii) Such persons be allowed legal consul of their choice, the government should assist them in this regard in accordance with law. (iv) Family members of such persons be informed accordingly and allowed visiting rights.

13. Judicial Inquiry: Judicial inquiry by the superior judiciary be ordered by the federal

government to inquire into: -

a. Murder of Baloch political workers, Ghulam Muhammad, Lala Munir and Munir Ahmed.

b. Target killing in the province.

14. Nawab Akbar Bugti Shaheed: A fact-finding commission, headed by a retired judge of the Supreme or High Court be constituted, to determine the circumstances leading to the death of Nawab Akbar Bugti Shaheed.

15. The Role Of Civil Armed Forces:

(i) Frontier Corps; The role of the FC in law enforcement shall be under the chief minister of the province. (ii) Coast Guard; The Coast Guard should perform its primary duty of checking smuggling of arms and narcotics along the coast and the border. The check posts established beyond their territorial limits as prescribed under the law shall be dismantled. An exercise of delimitation of the border areas to be undertaken by the federal government, provincial government and the Frontier Corps.

16. Check Posts: The various check posts established by the civil armed forces and other related agencies, other than border areas should be in accordance with the directions of the provincial government.

17. Judicial Inquiry: here should be a judicial enquiry by the superior judiciary into the allotment of land at Gwadar,

18. Education: Balochistan be given a special quota of scholarships by the Higher Education Commission so that students of the province can pursue studies leading up to local or foreign Masters and PhDs.

D. Economically-related Matters

19. Rationalisation Of The Royalty Formula:

(i) Rationalization of the royalty formula and the Gas Development Surcharge have been done, (ii) The concept of public-private ownership in the areas of a district granted for exploration should be followed. Where contracts are awarded, the said district should be given 15% of revenue to be received by the provincial government, (iii) Due representation should be given to the province on the boards of the PPL; OGDC and Sui Southern Gas, (iv) Distribution companies should be obligated under contract/law to provide on priority basis gas to the district where it is explored, (v)

In case of a successful find the federal government shall spend an amount equivalent to 10% of the net profits on development projects in the area. The ascertainment of profits shall be open to scrutiny by independent/third party auditors, (vi) The federal government has released the accrued Production Bonus to the districts producing oil and gas. This policy will be strictly implemented.

20. Mega Projects:

(i) All new mega projects to be initiated with the consent and approval of the provincial

government. The share of the province in its profits/benefits to be assured in the

contact/agreement, (ii) The concept of public-private ownership in such projects to be followed where ever possible, (iii) In Gwadar, there shall be a free economic zone and political activities in the said zone may be regulated by an appropriate law to be framed in consultation with all the stakeholders, (iv) In Gwadar, all or as far as possible, appointments in BS-1 to 16, should be from the local population, (v) In Gwadar, the local youth should be provided technical training and absorbed in GPA, GDA and Special Economic Zone, (vi) Preference should be given to the qualified local contractors while awarding contracts related to the port, (vii) Compensation and reallocation of all those fishermen, who are being displaced due to the Gwadar Port must be finalised immediately, (ix) The two jetties agreed to be constructed for the fishermen on the

Eastern and Western bays be constructed, (x) A fisheries training centre as required to be

established under the 9th Five Year Plan for Balochistan be constructed, (xi) A portion of the revenue collected by the Gwadar Port Authority be allocated for the development of the province, (xii) The chief minister shall be the ex-officio chairman of the Gwadar Development Authority and there shall be seven members from the province on the Board of Directors, (xiii) The provincial government of Balochistan will nominate a person duly qualified to be the Chairman of the Gwadar Development Authority.

21. SUI:

(i) There should be a special development package for the area.

25.Employment Opportunities:

(a) The federal government will create, with immediate effect, 5000 additional jobs for the province, (b) (i) The quota for the province as prescribed in the rules/law for employment in government (specially foreign service), semi-government, autonomous/semi-autonomous, corporations and bodies must be strictly complied with. Deficiency if any, needs to be met in a proactive manner, (ii) The Overseas Employment Foundation needs to facilitate the recruitment of skilled or unskilled labour for employment aboard, (iii) The local people living along the coast who meet the criteria should be given jobs in the Coast Guards, (iv) The monitoring of the aforesaid

shall be the responsibility of the Senate Standing Committee for Establishment.

26. Gas Development Surcharge: The federal government agrees to pay the arrears of Gas

Development Surcharge from 1954 to 1991. This is a total amount of Rs 120 billion payable in 12 years.

26. Ownership in oil and gas companies: In organisations such as PPL, OGDCL and Sui

Southern, the province will be able to purchase up to 20% of the right shares when offered in the open market.

27. Sandak Project: The federal government from its 30% shares in the project will immediately give 20% to the province. On completion of the project and when the foreign company withdraws, the project shall be owned exclusively by the province.

28. Uniform Price of Gas: There shall be a uniform price of gas throughout the country for the purpose of calculation of GDS.

29. Fishing Trawlers: Fishing trawlers should be restricted to the authorised limits of 33 kilometres from the coast. This will help promote the small fishermen.

30. Kohlu District: Special incentives should be given to the local tribes to facilitate exploration in the area, which continues to be closed due to security concerns.

31. Poverty Alleviation: In all poverty alleviation schemes, the allocation of the province should be proportional to the percentage of people living below the poverty line.

32. Profit Sharing In Existing Agreements:

(i) It is proposed that existing agreements on projects such as SANDAK, REKODIC and others where agreements have already been negotiated, the federal government may reconsider the agreements concerning the sharing of income, profits or royalty between the federal government and the provincial government.

33. Dera Bugti Internally Displaced Persons: The federal government for the rehabilitation and settlement of the IDPs shall provide a sum of Rs 1 billion.

34. Water Management: The federal government shall immediately undertake schemes, which include the construction of small dams throughout the province but particularly in the districts of Quetta, Pasheen, Qila Abdullah, Qila Saifullah, Zhob etc.

E. Monitoring Mechanism

35. Parliamentary Committee on National Security: It is proposed that the federal government, provincial government and other departments/agencies involved in the implementation of the proposals shall brief the Parliamentary Committee on National Security on the status of implementation on a monthly basis.

36. Parliament: The federal government and the provincial government shall every three months lay a report before both Houses of parliament, separately, on the state of implementation of the proposals. The two Houses shall separately allocate appropriate time for discussion on the said report.

37. The Standing Committee on Establishment of the Senate of Pakistan: The Standing

Committee on Establishment of the Senate shall present a report every three months on Item No 25.

39. Certification: The federal minister for inter-provincial coordination shall at the end of each financial year certify to both the Houses of parliament separately, the amount of monies spent for the implementation of these proposals.