ISLAMABAD, Nov 24 (APP): The
government on Tuesday presented the Aghaaz-e-Huqook Balochistan to joint sitting
of the Parliament.This landmark package contains number of initiatives to
address the problems of Balochistan people and bring them to mainstream.
Following is the text of
Aghaaz-e-Huqook Balochistan presented to joint sitting by Senator Raza Rabbani;
PREAMBLE
“CONSCIOUS, that the Provinces
have a sense of depravation, in the political and economic structures of the
Federation;
RECALLING, that the provisions
of the 1973 Constitution in particular relating to the Federation - Province
relationship have been circumvented;
STATING that the financial
assistance given by the present federal government in terms of Rs. 4.6 billion
PSDP support, Rs. 2.8 billion paid as arrears of royalty for Uch - pending
since 1995, Rs. 17.5 billion overdraft of Balochistan written off, realizing
that this is not a substitute to provincial autonomy;
ACKNOWLEDGING, that the
question of provincial autonomy needs to be revisited and the ownership of the
Provinces over their resources reasserted in the Constitution;
MINDFUL, of the tumultuous
history of the Province of Balochistan in the affairs of the Federation;
PLACING ON RECORD that the
present Federal Government has withdrawn cases and released political workers
and helped in identifying the places of detention and release of some of the
missing persons;
DETERMINED, to correct the
wrongs of history, by conferring the political, economic and cultural rights of
the Provinces, so that the Federation may blossom, and;
RECALLING, the documents made
from time to time, namely The Shaheed Mohtarma Benazir Bhutto Reconciliation
Committee Papers, the Interim Reports of the Wasim Sajjad and Mushahid Hussain
Sayed committees of the Parliamentary Committee on Balochistan, headed by
Chaudhary Shujaat proposals made by the Chief Secretary Balochistan and the
proposals of Mian Raza Rabbani.
The following “Proposals” are
made:
A. CONSTITUTION RELATED
MATTERS
1. Constitutional Reform: In
terms of the Resolutions passed by Parliament the Speaker has constituted a
Parliamentary Committee. The said Committee has commenced work of considering
various amendments in the Constitution, including on provincial autonomy, this
should be immediately addressed;
2. Constitutional Reform: The
quantum, form and scope of provincial autonomy will be determined by the
Parliamentary Committee on Constitutional Reforms which represents all shades of
political opinion in Parliament. 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; (v) Implementation of Articles 154, 155,
156, 157, 158 and 159 of the Constitution.
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:
Immediate to the acceptance of all the proposals contained herein, 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: The
political exiles who return to Pakistan will be facilitated. (Except those
involved in acts of terrorism).
7. Provincial Assembly
Resolutions: The unanimously passed Resolutions of the Assembly from 2002 till
date related to the Province be implemented within the legal framework of the
Constitution.
8. Local Government: The
Balochistan Local Government Ordinance needs 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: The Federal Government should immediately review 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: The Federal Government should announce, that the 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, wherever required;
11. Commission: A Commission
should be constituted in respect of the missing persons. The Commission should
be 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 namely 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/High Court be
constituted, to determine the circumstances leading to the death of Nawab Akbar
Bugti Shaheed.
15. New Army Cantonments:
Construction of new Cantonments in Sui and Kohlu be stopped for the time being.
Army will be withdrawn from Sui after handing over the duties to FC. FC will
also takeover the already constructed Cantonment at Sui.
16. Conversion Of “B” Areas
Into “A” Areas: In view of the decision of the Provincial Government, the policy
of conversion of “B” areas into “A” areas may be reviewed from time to time.
Urban areas may have regular police.
17. 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. The powers conferred under the Customs Act
shall be withdrawn, (ii) Coast Guard; The CG 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 needs
to be undertaken by the Federal Government, Provincial Government and the
Frontier Corp to give effect to the aforesaid.
18. 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.
19. Judicial Inquiry: There
should be a judicial enquiry by the Superior judiciary into the allotment of
land at Gwadar,
20. Flood Relief: Some monies
are due on the Federal Government for the flood affected people of Balochistan,
these amounts should be released.
21. 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
22. Rationalization Of The
Royalty Formula: (i) Rationalization of the Royalty formula and the Gas
Development Surcharge have been done, (it) 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.
23. Mega Projects: (i) All new
megs 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 finalized
immediately, (ix) The two jetties agreed to be constructed for the fishermen on
the Eastern and Western Bays be constructed, (x) A fisheries training center 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.
24. SUI: (i) There should be a
special development package for the area. (ii) The armed forces should be
systematically withdrawn from the area.
25. Employment Opportunities:
(a) The Federal Government will create, with immediate effect, five thousand
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 Standing Committee for Establishment, Senate of Pakistan.
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.
27. Ownership in oil and gas
companies: In Organizations 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.
28. 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.
29. Uniform Price of Gas: There
shall be a uniform price of gas throughout the country for the purpose of
calculation of GDS.
30. Fishing Trawlers: Fishing
trawlers should be restricted to the authorized limits of 33 kilometers from the
coast. This will help promote the small fishermen.
31. 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.
32. 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.
33. 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.
34. Dera Bugti Internally
Displaced Persons: The Federal Government for the rehabilitation and settlement
of the IDPs shall provide a sum of Rs. one billion.
35. 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, Qita Saifullah, Zhob etc.
E. MONITORING MECHANISM
36. 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 bases.
37. 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.
38. The Standing Committee on
Establishment Of The Senate Of Pakistan: The Standing Committee on Establishment
of the Senate of Pakistan shall present a report every three months on Item No.
25. The Chairman Senate, after the report has been laid in the Senate, transmit
the same to the Speaker, National Assembly of Pakistan, for information of that
House.
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.
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