Recently, the Gilgit-Baltistan Cabinet approved the controversial Land Reform Bill 2024, sparking widespread criticism from opposition political parties, and a flurry of online debate. The Awami Action Committee Gilgit-Baltistan (AAC-GB), a coalition of progressive and nationalist political groups, and trade associations, has denounced the bill as a “black law” designed to strip locals of their ancestral collective lands, pastures and natural resources.
The AAC has called for the reinstatement of the State Subject Rule and the return of all arable land to the local population. The committee dubbed the bill of legitimizing illegal land grabs and transfers since 1947 and seizing control of pastures, forests, and mountains from the people. The AAC has also vowed to resist the bill, warning of an organized public movement against it and accusing MPs of facilitating the “sale” of Gilgit-Baltistan for personal gains.
The Awami Workers Party Gilgit-Baltistan, a member of the AAC-GB, has also rejected the bill emphasizing that all land and natural resources—minerals, water, pastures, and forests—from mountaintops to riverbeds have been managed collectively by the people through customary laws for generations.
An Alternative Proposal
Amidst the outcry, several activists and analysts have voiced their concerns online. Notably, Amir Hussain, a noted columnist, policy adviser and political commentator, has proposed an alternative to the government bill.
Mr Hussain’s draft proposal titled: “The Gilgit-Baltistan Land Governance and Community Ownership Act, 2024” suggests a holistic, community-centric approach that safeguards local land rights and ensures sustainable and transparent land management.
The proposed bill emphasizes recognition of customary land rights, by upholding indigenous and community land rights, with strict prohibitions on altering these without explicit community consent; It proposes redefining of Khalsa Sarkar to acknowledge community ownership and management and allotting the unclaimed government land to the people.
The draft proposes safeguarding community and ancestral lands from being converted or sold without comprehensive environmental assessments and clear community approval.
The draft suggests sustainable resource management which requires rigorous environmental and social impact assessments for granting resource leases, prioritizing local employment, ecological integrity, revenue transparency, and equitable development with public disclosure of lease agreements.
It proposes the mandatory formation of community Land boards (CLBs) to oversee and approve land use and transfers based on free, prior, and informed consent (FPIC), with ecological conservation measures such as reforestation.
The draft also suggests fair compensation and livelihood restoration plans for communities impacted by mining projects.
Mr Hussain’s draft proposes a community-driven land registration system and the establishment of a Land Dispute Resolution Committee (LDRC) for enhanced transparency and impartial mediation of conflicts.
It also outlines the creation of a Land Reform Monitoring Authority (LRMA) to oversee implementation, enforce compliance, and impose penalties for illegal activities.
The alternative bill prioritizes active community involvement, proposing regular reviews and amendments to the Act with documented input from local stakeholders.
Hussain’s draft champions the principles of community ownership, environmental sustainability, and equitable governance, reinforcing the empowerment of local communities and stewardship of natural resources.
The following is the text of the “Draft Alternative Proposal for the Gilgit-Baltistan Land Reforms Bill, 2024” prepared by Amir Hussain. –Editor
Preamble
This draft Bill seeks to establish a fair, transparent, and inclusive land governance system in Gilgit-Baltistan, ensuring that the land rights of the indigenous people are respected and safeguarded. Recognising the unique cultural, economic, and environmental significance of Gilgit-Baltistan’s lands, this Bill aims to promote sustainable land use, equitable resource distribution, and community involvement in decision-making processes.
Title of the proposed Bill
Gilgit-Baltistan Land Governance and Community Ownership Act, 2024
This proposed alternative Bill to Gilgit-Baltistan Land Reforms Bill 2024 emphasises fair governance, community ownership, and regulation, highlighting the Act’s purpose to empower local communities and establish sustainable land practices.
This alternative bill is an effort to safeguard the land rights of the people of Gilgit-Baltistan, promote transparency in land dealings, and protect the region’s unique environment. It acknowledges the indigenous and customary land rights of the people, integrating sustainable development, equitable revenue sharing, and community involvement as pillars of land governance in Gilgit-Baltistan.
Chapter 1: Preliminary
1. Short Title and Commencement
- This Act may be called the Gilgit-Baltistan Land Governance and Community Ownership Act, 2024
- It shall come into force immediately after the approval by the Gilgit-Baltistan Legislative Assembly.
2. Definitions
- Community Lands: Lands that are held collectively by local communities and recognized for common use.
- Khalsa Sarkar: Refers to unclaimed or government lands, as traditionally defined, which require re-evaluation under this Act.
- Lease: An agreement granting temporary rights to use land or resources, subject to conditions outlined in this Act.
- Local Community: Residents of a particular area who hold customary rights over land and resources.
- Sustainable Use: Use of resources that ensures economic development without compromising environmental integrity or future generations’ needs.
Chapter 2: Principles of Land Ownership and Tenure
3. Recognition of Indigenous and Customary Land Rights
- All lands within Gilgit-Baltistan will recognize and uphold indigenous and customary land rights. These rights cannot be extinguished or overridden without the express, informed, and documented consent of the communities concerned.
4. Abolition of Khalsa Sarkar Concept in its Current Form
- The historical concept of Khalsa Sarkar shall be redefined to respect community ownership and land tenure rights.
- Any unclaimed lands shall be considered community lands unless the local community agrees otherwise, based on documented consultations.
5. Protection of Communal and Ancestral Lands
- Communal and ancestral lands, which include agricultural lands, pastures, forests, and grazing lands, shall be protected and cannot be converted for other uses without the explicit and documented consent of the community and Environment Impact Assessment
- No ancestral or communal lands may be leased or sold without free, prior, and informed consent from the majority of the community members.
Chapter 3: Land Ownership and Transfer
6. Prohibition on Transfer of Community-Owned Lands
- Community-owned lands cannot be transferred, leased, or sold to any entity without documented consent from the community.
- Any transfer or lease must go through a transparent process with full public disclosure and independent oversight by community-elected representatives. local elected bodies and village committees (not by Assistant or Deputy Commissioner)
7. Safeguards for Sustainable Mining and Resource Use
- All leases for mining, timber, and natural resource extraction must undergo a rigorous Environmental and Social Impact Assessment (ESIA) approved by community representatives and village committees
- Mining and other extractive activities must be sustainable, and operations must employ local labor wherever possible, providing fair compensation and job security to local residents. No mining and extractive activities be allowed in ecologically fragile areas which should first be identified through a multi-prong criterion at the stage of ESIA
- Lease agreements must clearly define environmental and social obligations and safeguards management which must be monitored and enforced by a regulatory authority.
8. Lease Agreements and Revenue Sharing
- Any revenue generated from land leases or resource extraction shall be shared equitably with local communities, with a minimum of 50% of revenues going directly into community development funds managed by elected representatives.
- All lease agreements must be published and made accessible to the public for transparency, with a detailed breakdown of projected revenues, environmental mitigation plans, and social benefits.
Chapter 4: Establishment of Community Consultation and Consent Mechanisms
9. Establishment of Community Land Boards (CLBs)
- CLBs shall be formed in each district to represent community interests in land use and ownership matters. CLBs will consist of elected community members and traditional leaders.
- CLBs will have the authority to approve or reject any land transfers, leases, or resource extraction activities within their jurisdiction.
10. Free, Prior, and Informed Consent (FPIC) Requirement
- All decisions related to land leasing, transfers, and development projects must obtain FPIC from affected communities.
- FPIC processes shall include documented public consultations, community meetings, and, where necessary, referendums.
Chapter 5: Environmental and Social Safeguards
11. Environmental Protection and Land Conservation
- All land use plans must prioritize environmental sustainability, preserving forests, pastures, and critical habitats. Any development or extraction activities must maintain a buffer around ecologically sensitive areas.
- Mandatory reforestation and land rehabilitation requirements shall be included in any leases involving deforestation or mining, funded by the leasing company and supervised by the CLBs.
12. Social Impact and Compensation Measures
- The Act mandates that any person or community affected by land leases or developments shall receive fair compensation.
- Compensation should include livelihood restoration measures and educational, health, and employment opportunities, prioritized within the local community.
Chapter 6: Land Registration and Dispute Resolution
13. Community-Based Land Registration System
- A transparent land registration system will be established in consultation with CLBs to document community, individual, and government land titles.
- This registry shall be publicly accessible and subject to annual review by an independent body to prevent encroachment and ensure compliance with the Act.
14. Dispute Resolution Mechanisms
- A Land Dispute Resolution Committee (LDRC) will be established to address and mediate land-related disputes. LDRC will include members from the judiciary, CLBs, and independent experts.
- LDRC decisions shall be binding, with appeals allowed only under specific conditions as outlined in this Act.
Chapter 7: Monitoring, Enforcement, and Amendments
15. Establishment of Land Reforms Monitoring Authority (LRMA)
- A Land Reforms Monitoring Authority will be set up to monitor the implementation of this Act, enforce compliance, and ensure accountability in land transactions.
- LRMA shall report biannually to the Legislative Assembly and the public on the status of land reforms and land use across Gilgit-Baltistan.
16. Penalties for Illegal Land Grabbing and Non-Compliance
- Strict penalties, including fines and imprisonment, will be imposed for illegal land grabbing or encroachment on community-owned lands.
- Leases found to be violating the terms of this Act shall be subject to immediate revocation, and companies involved will be disqualified from future bids.
17. Provision for Amendment and Community Review
- This Act shall be subject to periodic reviews every five years, allowing for amendments based on community feedback, socio-economic changes, and evolving environmental priorities.
- Amendments shall require public consultations and documented consent from CLBs to ensure continuous alignment with community needs.
Chapter 8: Miscellaneous Provisions
18. Community Awareness Programs
- Regular awareness programs shall be conducted to educate communities on their land rights, environmental protection practices, and sustainable resource management.
19. Financial Provisions for Implementation Funds generated through leases and revenues will partially finance the Act’s implementation, with a transparent financial system to ensure accountability and reinvestment into community infrastructure and development.