The Karachi Agreement – A Dark Chapter in the History of Gilgit-Baltistan

By: Ashfaq Ahmed Advocate

The geographical location of Gilgit-Baltistan holds immense strategic importance. It borders China’s Xinjiang province to the north, India-administered Jammu and Kashmir to the east, Pakistan-administered Kashmir to the south, and Afghanistan and Central Asia to the west through the Wakhan Corridor. Given its position, it has often been referred to as the “Gateway to Asia.” This geopolitical importance has made Gilgit-Baltistan a focal point of colonial powers in the past. It was part of the “Great Game” played between Russia and British India. The region became a contested area, as both British colonial rulers and Russian expansionists sought to dominate it.

Gilgit-Baltistan was historically part of the princely state of Jammu and Kashmir and, under British colonial rule, remained a part of the British Indian Empire until 1947. It was a region of considerable geopolitical interest due to its positioning and natural resources. In the context of the British Empire, it was a strategic area of focus during the colonial “Great Game” with Russia. From 1846 until 1947, Gilgit-Baltistan, alongside the rest of Jammu and Kashmir, was governed by the Dogra rulers under the suzerainty of the British Crown.

Following World War II, when colonial territories around the world began gaining independence, Gilgit-Baltistan also experienced significant changes. In the aftermath of the partition of India and the creation of Pakistan in 1947, the region found itself embroiled in the larger Kashmir dispute. On November 1, 1947, a historic event unfolded in Gilgit-Baltistan—its inhabitants launched a rebellion that ended the Dogra rule in the region, albeit briefly. This revolt lasted for only 16 days but marked the end of centuries of Dogra control over the region. British Commander of the Gilgit Scouts, Major Alexander Brown, referred to this event as the “Gilgit Uprising,” while the people of the region regard it as a significant liberation movement. However, despite the initial independence, the political landscape would soon change again.

The Karachi Agreement: A Controversial Document

From November 16, 1947, Gilgit-Baltistan came under Pakistan’s administrative control, following the Karachi Agreement signed on April 28, 1949, between the Government of Pakistan, Azad Jammu and Kashmir (AJK) Government, and the Jammu and Kashmir Muslim Conference. The Karachi Agreement has since remained a significant, albeit controversial, legal document in the history of Gilgit-Baltistan.

Over the years, the Karachi Agreement has been the subject of significant debate among legal experts, political leaders, and activists of Gilgit-Baltistan. One of the major grievances is the lack of representation from the people of Gilgit-Baltistan at the time the agreement was signed. The agreement effectively excluded any representation from the region itself. This has raised important legal and political questions: How valid is an agreement concerning a region when its people were never consulted about their future? And how does this align with the principles of self-determination?

Each year, on April 28, many in Gilgit-Baltistan protest and condemn the Karachi Agreement, calling it an illegitimate contract that was signed without the consent of the people. In fact, the agreement outlined key responsibilities of the Government of Pakistan, Azad Jammu and Kashmir, and the Jammu and Kashmir Muslim Conference, but Gilgit-Baltistan was not represented at any point in these discussions.

Provisions of the Karachi Agreement:

The Karachi Agreement defined the administrative roles and functions of the parties involved, but it also lacked an essential piece—representation from Gilgit-Baltistan. The responsibilities outlined in the agreement were divided as follows:

Part A: Responsibilities of the Government of Pakistan

1. Defense of the region
2. Foreign Policy in coordination with Azad Kashmir
3. Negotiations with the UN Commission for India and Pakistan (UNCIP)
4. Promotion of Pakistan’s international standing and public relations
5. Coordination of refugee resettlement and logistical support for relief
6. Public relations for the plebiscite and Kashmir-related issues under UN supervision
7. Administrative coordination for internal issues, such as food supply, transport, medical assistance, etc.
8. Political management of Gilgit-Baltistan and Ladakh under the political agent’s office

Part B: Responsibilities of the Government of Azad Kashmir

1. Administering the Azad Kashmir region
2. Overseeing the general administration of Azad Kashmir
3. Promoting the governance and functioning of Azad Kashmir
4. Advising Pakistan on UNCIP negotiations
5. Developing economic resources in Azad Kashmir

Part C: Responsibilities of the Jammu and Kashmir Muslim Conference

1. Promotion of the plebiscite in Azad Kashmir
2. Publicity and political activities within Indian-administered Jammu and Kashmir
3. Organizing political and refugee activities related to the Kashmir issue
4. Initial arrangements for the plebiscite
5. Managing plebiscite operations and ensuring their proper conduct
6. Political activities related to Kashmiri refugees within Pakistan
7. Advising the Government of Pakistan regarding negotiations with UNCIP

Lack of Gilgit-Baltistan Representation: A Legal and Political Issue

A critical aspect of the Karachi Agreement that remains controversial is the lack of Gilgit-Baltistan representation in the agreement. This absence has caused considerable tension, especially when it became clear that the agreement impacted the region’s future without consulting its inhabitants.

The Supreme Court of Pakistan, in a ruling on January 19, 2019, affirmed that Gilgit-Baltistan was not represented in the Karachi Agreement. The Court’s seven-judge bench, under Chief Justice Saqib Nisar, noted:

“On 28th April 1949, officials of the Pakistan Government met those of the AJK Government to ink the Karachi Agreement. Under this accord, it was agreed that the affairs of Gilgit-Baltistan would be run by the Pakistan Government. It appears that no leaders from Gilgit were included in this Agreement.”

This landmark statement by the Supreme Court firmly validated the notion that the people of Gilgit-Baltistan were never consulted or involved in the key decisions regarding their future. It confirmed that the Karachi Agreement was indeed an agreement between Pakistan and Azad Kashmir, with no direct input from Gilgit-Baltistan itself.

The Dispute Over Governance and Autonomy

Since the signing of the Karachi Agreement, Gilgit-Baltistan has been administered by Pakistan through the Frontier Crimes Regulation (FCR) and other presidential orders. These administrative arrangements have led to the region’s continued lack of autonomy, and its residents remain deprived of full constitutional rights under Pakistan’s constitution. Despite this, the Supreme Court of Pakistan has classified Gilgit-Baltistan as a disputed territory and part of the larger Kashmir conflict.

This status means that Gilgit-Baltistan has been excluded from full participation in Pakistan’s constitutional framework, which has hindered the region’s political progress. While Azad Kashmir enjoys significant autonomy and has a local constitution, Gilgit-Baltistan has not been afforded such rights. This disparity continues to fuel demands for greater autonomy, constitutional rights, and political recognition for the people of Gilgit-Baltistan.

Nationalist Movements: Rejecting the Karachi Agreement

Nationalist groups in Gilgit-Baltistan view the Karachi Agreement as a colonial-era document that disregarded their self-determination. These groups believe that the region has a distinct historical and cultural identity, and should not be treated as part of Jammu and Kashmir. They assert that Gilgit-Baltistan has its own unique national identity that predates its integration into the Kashmir dispute.

From their perspective, Gilgit-Baltistan was never part of Kashmir historically. They point out that after the 1840s, when Sikh forces and later the Dogra rulers invaded the region, the indigenous people of Gilgit-Baltistan fought back for their freedom. They eventually secured independence from Dogra rule in 1947.

Yet, despite this brief period of freedom, the region was soon embroiled in the broader Kashmir conflict when Pakistan and India disputed Kashmir. Nationalist leaders in Gilgit-Baltistan reject the notion that the region should be seen as a part of Jammu and Kashmir. They demand a local governance structure, similar to Azad Kashmir, that would allow them more autonomy and rights.