Conference On CPEC
Jammu Kashmir International People's Alliance(JKIPA)
in Birmigham ,United Kingdom
Resolutions passed in a conference on CPEC, arranged
JK International People's Alliance
29th May-2016 - Birmingham - United Kingdom.
Resolutions passed in a conference arranged by Jammu Kashmir International People’s Alliance on 29 May 2016 in Birmingham, England. The Conference was attended by leaders of Kashmiri parties, scholars, Councilors and prominent members of Kashmiri and Pakistani Civil Society.
Title: How China Pakistan Economic Corridor will affect people of former Princely State of Jammu and Kashmir?
This Conference unanimously:
1. Declare that Former Princely State of Jammu Kashmir is one political entity; and the entire State, which includes areas of Gilgit Baltistan, so called Azad Kashmir, Jammu, Valley of Kashmir and Ladakh is disputed; and future of the entire former State is yet to be determined;
2. Acknowledge Pakistan’s right to development, hence do not oppose construction of the CPEC, however, we strongly feel that people of Gilgit Baltistan should also benefit from this mega project and they should be part of the decision making;
3. Request the relevant authorities to formulate policies that will empower people of Gilgit Baltistan, develop their educational, professional, and technical skills; and build infrastructure in such a way that people of Baltistan and Azad Kashmir could also benefit from the CPEC;
4. Urge both India and Pakistan to make serious efforts to resolve the Kashmir dispute in accordance with the aspirations of the people of Jammu and Kashmir State; and that will start a new era of friendship and cooperation which will bring economic prosperity and stability to the region;
5. Emphasis that State Subject Ordinance gives identity to all citizens of former Princely State of Jammu and Kashmir. It is regrettable that Pakistan has over the years violated this law in Gilgit Baltistan which has created serious social, economic and political problems because of migration of Pakistanis in to the region. We urge the government of Pakistan to respect State Subject laws and ensure that all non - local people settled here are repatriated;
6. Concerned about the denial of civil, political, economic and social rights to the people of Gilgit Baltistan and Pakistan Administered Kashmir; and emphasis that in order to promote development, urgent attention must be given to the promotion and protection of fundamental human rights as enshrined in the UN Charter;
7. Demand that treason charges against political prisoners must be dropped and all such prisoners, including Baba Jan must be released without any delay.
8. Call upon both China and Pakistan that the CPEC is being built through a disputed territory, therefore, a provision should be incorporated in the agreement that future government of the former Princely State of Jammu and Kashmir should have a right to negotiate new terms with the respective governments of China and Pakistan.
Economic and Strategic Designs
and Social Justice – A Global Talk
Regarding the CPEC
Respected Ladies and Gentlemen,The purpose of the proactive economy initiative by China with Pakistan, called CPEC, is to embed economic growth into hard strategical goals; as I explained itin my penultimate speech at the Conference in Brussels last October.This geo–economy of China would change the geo-strategy from Asia to Europeas well as in the new ‘Silk Roads’ to be built. It is backed by the new big bank AIIB (Asian Infrastructure Investment Bank), which was established for this specific purpose – to finance all the projects of the CPEC, through Kasghgar, Gilgit – Baltistan, Kashmir, Fata, Khyber Pakthunkwa, Balochistan, Sindh and Punjab.The consequent reduction of dependence on the International Monetary Fund, caused objections concerning the bank and China`s plans, raised in both the USA and Japan. Unfortunately, Germany, the UK and other European governments were founding members of AIIB.Their objective, to remove any control and influences from international authorities and foreign economic designs, can now be seen in its development - China is becoming the main political influence in the region through the conditions of the CPEC contract, supported by Pakistan. China is siding with thePakistan regime in Islamabad to secure influence over the resources along the CPEC with the aid of the Special Security Division (SSD), a body responsible for the security of the Chinese in the area of CPEC. Regardless of the interests of the Balochs, Pashtuns, Sindhis and Kashmiris, Islamabad has signed the contract under the condition that only Chinese Industrialists would be allowed toset up their industries in the proposed economic zones to be created along the corridor. There are nine Special Economic Zones planned. One each in Punjab, Khyber Pakthunkwa, Balochistan and Islamabad, two in Sindh and one each in Fata, Azad Kashmir and Gilgit – Baltistan, however, the work on them has not yet begun. These planned enclaves are Special Economic Zones in which energy and water supplies will have to be supplied from Pakistani resources. They will be open only to Chinese investors, prohibited to foreign or local provincial investors and, the state Balochistan which still exists de jure, commensurate with International Law. Balochstan’s independence was acknowledged by Muhammad Ali Jinnah, the founder of Pakistan. Prince Suleman Dawood Ahmadzai presented the proof of this in a paper to the House of Lords one month ago.
If access to investment in these Special zones was allowed to all other investors around the world, that would be solid confirmation of the promises made by Islamabad, to create employment for the inhabitants of Balochistan, Pashtun regions, Sindh and Kashmir and Gilgit – Baltistan; nevertheless, Islamabad has signed agreements for these special zones, to allow only Chinese investors access. Another important disadvantage of this agreement concerns taxes. Examples in Sri Lanka have proved that enclaves of China include what amounts to colonisation through the migration of Chinese citizens with Chinese investmentsexempt from paying taxes. The role of Pakistan is illegal in this treaty. The treaty has feet of clay because the consistency of the contract cannot be guaranteed. I examined its legal foundations in my last evocation speech at the Bangkok Conference in: ‘Legal aspects of the CPEC’. In law, Pakistan should enter into treaties only for which it has the requisite domestic, political consensus and, after it has created the necessary political and legal space for their execution. Once Pakistan signs a treaty, it is bound to make it part of domestic law and to expeditiously implement its obligations. In accordance with UN convention, all provinces, including Gilgit–Baltistan andthe representatives of a free Balochistan (which by right is the Khan of Kalat and a free elected government of Balochs), must be asked in advance to find a consensus for signing the right contract, with the right conditions; a contract which will deliver real benefit and development to all and one that is not simply a ‘paper tiger’.At present the politics of federalism and the absence of any domestic legal recording and preparedness, have created the strong possibility of CPEC projects being subjected to unscheduled delays and possible cancellations; thus, exposing Pakistan to liability for violating its international commitments. A senior Chinese official has said to the Pakistani media that ‘China cannot afford to invest billions of dollars on roads that pass through a disputed territory.’ And yet Kashmir is still a disputed territory. Therefore, Pakistan is not entitled to conclude the CPEC contract. Furthermore, the role of Pakistan is reduced in this treaty, to strengthen security for the planned projects. The Pakistan government has been forcibly evacuating locals and razing entire villages to the ground in order to make way for the CPEC. The human rights violations, abductions, torture and killings have increased. Everyday news
concerning the enforced disappearances of local people in Balochistan floods in and now the same atrocities are being reported in the Pashtun regions.The Minister for Planning, Development and Reforms, Ahsan Iqbal, has said that those protesting against the CPEC will be charged under anti–terrorism laws. Rather than the CPEC contributing to stabilizing the whole region, it is instead inflaming the factions and creating more unrest. If we have a look at Gwadar, local sellers at markets are excluded from providing for the Chinese, food is bought in Iran and Karachi. Balochs are not allowed to enter the Gwadar port area which has been leased by China for 40 years. The Strait of Hormuz is the channel for about one third of the world`s oil trade, making Gwadar’s role in Balochistan vital for ensuring China’s energy security; the proposed naval base for China in the area would act to counter US influence in the whole region. It is also a threat to free passage from and to the UAE and Oman. So how can this problem become solved? So how do we propose economic and efficient designs and strategies which will bring social justice to Balochs, Pashtuns, Kashmiris and Sindhis?First there must be founded a ‘Government in Exile’ by the Baloch leaders and the Khan of Kalat; perhaps in India. Second, this government must be acknowledged by India and the US and perhaps, also by Russia, with provision for the countries of Europe following. Media around the world will be informed about the legality of an independent Balochistan. The Security Council of UN will face only China and Pakistan’s vetoes. If China and Pakistan are controlling the coasts of Balochistan and Sindh through their navy, the’ Government in Exile’ of the Balochs can then legally call for the help of the US and Indian Governments, perhaps Russia too, to intervene and secure Gwadar port. When US influence is restored, Balochistan along with the USA can dictate the conditions of a new CPEC treaty; a treaty which would really lead to benefits forthe local people. The Pakistan government can be obliged to stop atrocities, to let in UN controls, journalists and human rights organizations. Balochistan`s resources, which are now being plundered by China, will be open to international investors through negotiations with the ‘Government in Exile’ for the benefit of Baloch people. Both US and Russia will be invited to invest in Balochistan, to fight terrorism with the co-operation of the Balochs; a country
which stands for secular thinking, holds western values and wants to close madrassas and to end the dangerous religious ideology of extremism, Wahhabism, upheld by Islamabad.Investment is needed to ease the poverty of the Baloch population and would provide taxes to pay for an unconditional basic income for everybody. The control of taxes must be guaranteed to prevent them being siphoned off to Punjabis or others and China would be obliged to pay taxes for the infrastructurethey need for their projects. To create a Baloch state under the rule of law is in the interest of India and its neighbours, including Afghanistan and the Arabian states along the Strait of Hormuz. It is especially in the interest of the US and possibly Russia too, to balance out the increasing imperialist and colonial expansion plans of China. It could have also a positive effect on new Silk Routes to Europe through Russia, which could be built in future. To provide a way for fair and just negotiations on an even level would be a contribution to peace in the region. It is in this sense that I appeal to the states, to think about justice, autonomy and peace.Thank you for your esteemed attention, Ladies and Gentlemen!
Claudia Heidelberg ( Wädlich ) Germany
Professional Think-tank, writer of four published books
and studied lawyer in diplomacy and criminology
Correspondent and Columnist on The Pashtun Times
Freedom Democracy Equality
United Kashmir People,s National Party
EIAS Briefing Seminar
China Pakistan Economic Corridor(CPEC):
Challenges and Opportunites
The European Institute of Asian Studies has organized a briefing seminar on "China Pakistan Economic Corridor : Challenges and Opportunities" on 02 /12/2015 at Brussels. The Four main areas of cooperation under the CPEC are transports, infrastructure, energy and industrial cooperation. EIAS has organized this conference for seeking to raise awareness and intrest regarding the biggest overseas investment of 46 Billion USD Project initiated by the government of china.The introductory remarks has given by the Moderator Mr David Fouquet ,Senior associate of the European Institute of Asian Studies
Dr Safdar A. Sohail ,member of discussion panel ,Minister -Counsellor ,Embassy of Pakistan in Brussels has given a short presentation of the CPEC.The CPEC projects is emphasizing more on energy rather then a political implications or security challenges. The anxiety and sustainability of of the project has been disscused.
Mr. Tomas Niklasson -Deputy Head of Division European External Action Service(EEAS) has delivered a wonderfull speech on the occasion of the Seminar where he put light on all issues of local people regarding CPEC. He further elobrated that the route btween china Pakistan crosses Kashmir the disputed area between india ,Pakistan and China. The EU's Developmental Assistance to Pakistan Focus on rural Development ,education, health, good governance, Human rights and rule of law. Pakistan is beneficiary of the GSP+ Scheme and is supported by the EU in area of Security, counter terrorism and non-poliferation under the EU Pakistan Five year Engagement Plan. Democracy is going foward but Mr Tomas has criticized Pakistan government on corruption.
Ms Laurence Vandewalle-Asia Analyst for the policy Department, European Parliament ,member of the discussion panel ,She was last key speaker in this seminar where she has shed light on concerns and reservation of the people of Balochistan and Kashmir regarding CPEC. She has highlighted the human rights violations in Balochistan including brutal repression and torture bodies. She has also highlighted the miserable situation of Muslims in China. The route of corridor crossing pakistani controlled Kashmir is serious point of contention for india. India is concerned about the miltary potential of the Gwadar harbour and Chinese arm sales to pakistan. Despite Pakistan and saudi Arabia's Past cooperation, the CPEC mey lead to a Gradual Shift in Pakistan's regional alliances, away from Saudi Arabia and towards China and Iran. She has discussed the new trade route in Pakistan ,Silk Roads: China plans to Spend Billions on infrastructure in Pakistan that would help open new trade route.
In Q&A Session of the seminar where the role of china & Pakistan has been criticized by the European diplomatic circles and the representatives of the United Kashmir people's National Party.
The secretary Foreign Affairs UKPNP,Jamil Maqsood has comment and raised the question of construction of mega dams in the disputed regions of kashmir occupied by Pakistan and so called charges against Nadar Hassan and Baba Jan in Gilgit.
The General Secretary UKPNP Belgium Sajid Hussain has raised the questions why Pakistan is ignoring Kashmiris from last 68 years.The people of Kashmir wants ownership of their resources including on all mega projects and specially CPEC.Under which law Pakistan has brought Chinese Army in the name of all these Mega project in this disputed region.The member of pannel from Islamic Republic of Pakistan has completely failed to respond the questions.
United Kashmir People's National Party Belgium
Military Operations and Enforced Disappearances------Seeking UN Intervention for the safe recovery of Missing Persons in Pakistan
Respected Ladies and Gentlemen,The UN offers different mechanisms against the Enforced Disappearance of people, but not all of them lead to efficient results. For example, because of the need of ratification on the International Convention for the Protection of All Persons from Enforced Disappearance (CPED) - a legally binding Convention for States - it is ineffectual in the case of the state Pakistan. Although, Pakistan was recommended to ratify it, there are well-known reasons why this has not yethappened - the Convention obliged states to fight against Enforced Disappearances. Compliance with the Convention is monitored by the Committee against Disappearance and the Committee and a Working Group operate closely together. This Body could be effective, but at present, there is no possibility of implementing it.The Working Group on Enforced or Involuntary Disappearances, founded in 1980, comprises five independent experts belonging to five world religions, is searching for those ‘disappeared’ and at the same time, fighting against the crime. They are helping relatives to find out where their loved ones are and will continue until these people’s destinies are discovered. The Pak Army has killed tens of thousands of Baloch civilians during military offensives and abducted more than 30,000 Baloch Freedom-seeking activists, among whom are 400 Baloch women and children. Tens of thousands of Baloch families have been forced to migrate from Balochistan. The numbers involved seem unbelievable but lists of all these disappeared people can be handed over to the UN Working Group. The Security Council of the UN in New York only can act through the member governments of the USA and India, risking the veto of China or Russia. My NGO Balochistan project, just registered in the USA, will contact the government of President Trump as well as representatives of Congress to whom we have access. They can determine whatever Peacekeeping operations can and should be imposed, such as giving access to journalists and Human Rights Organisations in the closed area of Balochistan.The United Nations Office on Genocide Prevention and the responsibility to protect people is a preventative Body for raising awareness. The special Advisor
on the Prevention of Genocide is mandated to liaise with the UN system on activities for the prevention of genocide. In line with their mandate to enhance capacity, the Special Advisors support national, regional and global networks of national focal points on genocide and atrocity prevention. The proof of the ISI and Pak Army’s systematic genocide of the Baloch people, their plan to change the demography of Balochistan by settling Punjabis and Chinese thereby advantaging the CPEC project, enables this tool to be utilised for the sake of the Balochs.There is also the CTITF. The United Nations Action to Counter Terrorism. The General Assembly endorsed Counter–Terrorism Implementation. The Task Force, consisting of 38 entities of the UN and affiliated organizations, is also to be addressed in the War on Terror, the important Subcommittee against terrorismof the Congress of the United States. Ted Poe is the President and already active on the bill to declare Pakistan a terror state. In this case, we can address the Trump Government and take action against the Pak Army and ISI. ISI has already been declared a terror organization by the Congress of United States of America and the CTITF should not accept any propaganda attempts from Islamabad, which declares everyone opposing CPEC a terrorist. Even being against the suppression of opposition is enough to be declared a terrorist.To me it often seems that governments are too naïve in believing the disinformation by such a regime, which uses this rhetoric as a successful tactic to prevent investigation and to silence protest. The International Court of Justice is an instrument of dual Jurisdiction. It judges according international law and advises states to impose its decisions.There could be opportunities to accuse the Pak Army and ISI of crimes against the Balochs with a much-needed database of all the enforced disappeared Balochs addressing the different Bodies of UN. In June 2010, Pakistan ratified the International Covenant on Civil and Political Rights as well as the Convention against Torture. The various UN bodies listed can be consulted on these Baloch cases. The jurisprudence, once again strengthened with the end of the military rule in Pakistan, has not yet been able to ensure a better judicial protection of human rights in Pakistan; even when the Supreme Court deals specifically with particularly ‘public’ cases of human rights violations. As an example - the
disappearance of Persons in the context of the so-called insurrection in Balochistan and tribal areas. An insurrection that has increased since last year because of the ‘protection’ measures of planned CPEC projects at the cost of the Baloch population and human rights. Instead of corruption and unimplemented laws, the UN Bodies addressed can begin to work on the cases presented. I appeal to them to take action. I also appeal to the Balochs to keep collecting evidence with which to present to the Court of Justice and the United Nations Office on Genocide Prevention plus the Working Group on Enforced or Involuntary Disappearances. I appeal to all these bodies to raise awareness of the brutal injustice happening in Balochistan, Sindh, Pashtun and Kashmir regions and to counter the human rights violations being forced on them. And to counter terrorism spread by the Pak Army and ISI through propaganda and disinformation to the US and the World Community. In the hope that these atrocities will attract the attention of Big Media via these UN Bodies, I thank you for your esteemed attention to my speech, Respected Ladies and Gentlemen!
Claudia Heidelberg ( Wädlich ) Germany
Professional Think-tank, writer of four published books
and studied lawyer in diplomacy and criminology
Correspondent and Columnist on The Pashtun Times
Jammu Kashmir International People’s Alliance ( JKIPA ) at Torino Italy On 7th August 2016
"China Pakistan Economic Corridor(CPEC) and its political and environmental Implications on the Region."
This Conference unanimously:
1. Declare that State of Jammu Kashmir is one political entity; and the entire State, which includes areas of Gilgit Baltistan, so called Azad Kashmir, Jammu, Valley of Kashmir and Ladakh is disputed.
2. Assert that terrorism, religious intolerance and extremism are major threats to peace and fundamental human rights of people; therefore, they must be opposed in all forms and shapes by all governments, political and civil society organizations.
3. Condemn growing human rights violations in Kashmir; and strongly urge the authorities to respect human life, and liberty of the people, as it is their prime responsibility to ensure peace and stability, and that there is no threat to human life.
4. Express serious concern on the construction of the CPEC and exploitation of our national resources in Gilgit Baltistan by Pakistan and China; and strongly criticize deliberate endeavours of both countries to deprive benefits of the CPEC to the local inhabitants of Gilgit Baltistan and Pakistan Administered Kashmir.
5. Remind both governments that the CPEC will result in added pollution and serious environmental issues which will change the ecosystem of the region with disastrous consequences for human and wild life.
6. Urge both China and Pakistan to take appropriate measures to deal with issues related to environment; and formulate policies that will empower people of Gilgit Baltistan, develop their educational, professional, and technical skills that people of Gilgit Baltistan and Azad Kashmir could also benefit from the CPEC.
7. Demand that since the CPEC is being built through a disputed territory, therefore, a provision should be incorporated in the agreement that future government of the former Princely State of Jammu and Kashmir should have a right to negotiate new terms with the respective governments of China and Pakistan.
8. Recommend that Kashmir dispute should be resolved through a process of dialogue, and by adopting all peaceful means and in accordance with aspirations of the people of Jammu and Kashmir State.
9. Disturbed about the denial of civil, political and social rights to the people of forcibly divided State of Jammu and Kashmir; and demand that all such laws, ordinances, Pronouncements and Acts should be abolished which curb fundamental rights of the citizens.
10. Deplore sedition charges levelled against political leaders of Gilgit Baltistan and Azad Kashmir; and demand that these charges must be dropped and all political prisoners must be released, including Baba Jan and his colleagues who were tried under Anti Terrorist Acts and facing 40 years life imprisonment.
11. Criticise actions of Azad Kashmiri authorities for banning books on Kashmir, and booklets and literature related to history of State of Jammu and Kashmir; and demand that the right of expression must be respected.
12. Emphasis that State Subject Ordinance gives identity to all citizens of former Princely State of Jammu and Kashmir. It is regrettable that Pakistan has over the years violated this law in Gilgit Baltistan and in so called Azad Kashmir, which has created serious social, economic and political problems because of migration of Pakistanis in to the region. We urge the government of Pakistan to respect State Subject laws and ensure that all non - local people settled here are repatriated.
13. Point out that during our most difficult time when we faced a natural disaster in the form of devastating earthquake in which tens of thousands of people perished and millions were uprooted, China was not among the countries which extended helping hand. However, it is sad to note that China with help of Pakistan is very keen in plundering our resources.
Legal aspects of CPEC
Claudia Heidelberg ( Wädlich )
Both as a member of a think-tank and having studied law, I am currently investigating the legality of the CPEC (China-Pakistan Economic Corridor) treaty with a special regard to International law, National Pakistani law and its Constitution, and UN conventions; focussing particularly on some fundamental legal questions. With this in mind, I would like to make the following preliminary judgement before proceeding to details:The treaty has feet of clay and the consistency of the contract cannot be guaranteed.First, let`s examine the officially announced intentions that China has declared. The corridor will incorporate a 2,000 Kilometre transport link between Kashgar in northwest China and Gwadarport in Balochistan. Gwadarport is on the Arabian Sea near the border with Iran, historically a western Baloch area, occupied by Pakistan in the past and the route would be via roads, railways and pipelines. China and Pakistan have developed strong bilateral trade, economic ties and co-operation over several years during which China has gradually emerged as Pakistan`s major trading partner, both in terms of imports and exports. Bilateral trade and commercial links between the two countries were established in January 1963 when both signed the first bilateral, long term trade agreement. Both countries signed a Free Trade Agreement (FTA) on November 24th 2006 and it was implemented from July 1st 2007; subsequently, both countries signed an FTA on Trade in Services on February 21st 2009 which became active from October 10th that year. CPEC is an ‘under-construction’ mega-project which, purpursely, “shall” achieve its political and economic objectives through trade and development and, “shall” also strengthen the economic and trade cooperation between the twocountries. It is also expected that the corridor “shall” be helpful in creating stability in South Asia and after completion, it “shall” function as the primary gateway for trade between China, Africa and the Middle East. The first phase comprises the development of Gwadar Port and the construction of an international airport, to be completed in 2017. The Karakorum Highway connecting both countries is to be widened, whilst the rail network between Peshawar in the North and Karachi in southern Sindh is to be upgraded; the two countries also have a plan for ‘pf fibre-optic’ communication links. The Strait of Hormuz is the channel for about one third of the world’s oil trade, making Gwadar`s role in Balochistan vital for ensuring China`s energy security;
the proposed naval base for China in the area would act to counter US influence in the whole region. Three corridors are planned, one of which is the western route through Gilgit–Baltistan, that demonstrates how, in the fullest extent, this treaty is illegal from the outset. In compliance with legal standards, the contracting partners, Pakistan and China,must be legally recognised to represent Balochistan, the Pashtun areas, Gilgit–Baltistan (Kashmir) and Sindh in any treaty which directly concerns or concedesassess to these provinces or states. The annexation of Balochistan in 1948 by the Pakistani state was an illegal act. Balochistan was recognised as a self-governing state in a subsidiary alliance with British India, and it is a fact that the independent state of Balochistan still exists commensurate with International law. Pakistan was recognised by other nations as a separate state from India in 1947, but not the addition of, or annexing of, Balochistan. The Khan of Kalat tried to restore his state in a European Court declaring that Balochistan was ‘occupied’ by Pakistan.Gilgit - Baltistan is not part of the Pakistani Constitution nor do Kashmiris have a seat in the Assembly of Pakistan. It remains a disputed territory meaning that Pakistan is not authorised to act on its behalf in negotiations with the Chinese, especially without asking the citizens of Gilgit–Baltistan. In Pakistani law, provinces must be consulted prior to negotiations and agreements must be ratified by the province; Gilgit-Baltistan is not a province of Pakistan, neither is Balochistan, because the annexation was illegal. Therefore, Pakistan is not entitled to conclude the CPEC contract. The Chinese have expressed concerns about the legality of any work undertaken across Gilgit–Baltistan, a territory that is the subject of an international dispute. A senior Chinese official told the Pakistani media that “China cannot afford to invest billions of dollars on roads that pass through a disputed territory.” The several issues on which the Chinese have expressed reservations are:· Gilgit-Baltistan is claimed by India. · The people of Gilgit–Baltistan believe that the CPEC will allow exploitation of its water resources for the sole benefit of Pakistan. · Not a single Kashmiri worker is involved in this project. · The future development of the whole regions must first be proved. (So far,the opposite seems apparent)
If you look at other developmental records of China’s various expansionist projects there is a great deal to worry about.In Nigeria, you will not see any development of the regions through which the pipelines run. In Darfur in Sudan, in line with the official tenor of my government, China participated in the horrifying murder of the many Sudanese who protested about the lack of development and depletion of natural resources. Tibet is the other example of China’s complete disregard of Human Rights; evenin its own country, the extent to which individual rights are dismissed is frightening. Minister for Planning, Development and Reforms, Ahsan Iqbal, has said that those protesting against the CPEC will be charged under anti-terrorism laws. Political parties in Khyber, Pakhtunkhwa are also opposed to the CPEC, raising a big challenge for this multibillion dollars’ project as they submit that only Punjabis would profit by it. Rather than the CPEC contributing to stabilising the whole region, it is instead inflaming the factions and creating more unrest. In law, Pakistan should enter into treaties only for which it has the requisite domestic, political consensus and after it has created the necessary political and legal space for their execution. Once Pakistan signs a treaty, it is bound to make it part of domestic law and to expeditiously implement its obligations. At present the politics of federalism and the absence of domestic legal recordingand preparedness has created a strong possibility of CPEC projects being subjected to unscheduled delays, even possible cancellations, exposing Pakistan to liability for violating its international commitments.In accordance with UN convention, all provinces, including Balochistan and Gilgit–Baltistan, must be asked in advance to find a consensus for signing the right contract, with the right conditions; a contract which will deliver real benefit to all and development which is not only a ‘paper tiger’. Gwadar Port has been leased to China for 40 years. Balochistan nationals are notallowed to enter the port area and Baloch fishermen are prohibited their traditional and national rights to fish in the sea around the port. So, my question is how do China and Pakistan propose to develop Balochistan? I don`t see any effort to implement the proposals in these announcements.
Because Balochistan is an occupied country, according to its citizens, deemed a disputed territory at best in the eyes of the world, Pakistan could not negotiate with China about Gwadar. The Khan of Kalat and possibly a freely elected government of Balochistan must be the recognised contract partners of the western route through Balochistan. The contract is therefore illegal and must be renegotiated by the correct legal parties in the event of any such treaty being desirable. Regarding the strategic threat posed by the CPEC, which I addressed in the last lecture, I do not see any realisation of the project in the coming years, even though the work in Gwadar has already begun.The interrogation of International laws involved in the project should be pursuedbecause there may be legal prospects of nullifying the contract. “There is nothing more ancient than the truth” the philosopher Descartes once stated. The truth of Balochistan is that it exists. Pakistan may consider it an old-fashioned relic of former times, but they should never underestimate the will of the people. Pakistan will not survive as a state, if it continues to set aside democratic processes and use illegal means to suppress the people. In the words of one Baloch, “One can only feel like an outcast, in a land, that is supposedly mine. They come, they exploit and they leave.”
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