With the signing of the Gilgit-Baltistan (Empowerment and Self-Governance) Order 2009 by President Asif Ali Zardari Sep 7, the Pakistan government has taken the first step towards amalgamating this strategically significant part of the former princely state of Jammu and Kashmir into Pakistan. The Pakistan Peoples Party (PPP) government has patted itself on the back for undertaking far-reaching administrative, political, financial and judicial reforms in this region.

The order ostensibly offers autonomy to this region which till date had neither any status under the Pakistani constitution nor any modicum of self-governance. The region has since 1947 been governed by bureaucrats from Pakistan as a colony, without any avenue whatsoever of any judicial review. The order, signed by the president and aimed at giving more internal and political autonomy to the region, was unanimously approved by the Pakistan government Aug 29.

The order renames the region as Gilgit-Baltistan -- it was hitherto called 'Northern Areas' -- fulfilling a longstanding demand of the residents. It also gives the region a local administration headed by a 'Chief Minister', a post that did not exist. The chief minister will be elected by the Gilgit-Baltistan legislative assembly and will head a council of ministers, comprising six ministers and two advisers. The legislative assembly will consist of 24 directly elected members as well as six women and three technocrats who will be elected by the members.

The order proposes some financial autonomy for the region. A consolidated fund has accordingly been created. The budget for the region will be presented and approved by the assembly. It also incorporates a judicial set-up with the establishment of an appellate court, comprising a chief justice and two other judges; there is a provision in the order to eventually increase the strength of the court to five. The order has provision for a separate public service commission, a chief election commissioner and an auditor general for the region.

However, the devil lies in the detail. Neither the chief minister nor the legislative assembly will have any worthwhile powers. The real powers will be with the governor of Gilgit-Baltistan who will be appointed by the president of Pakistan on the advice of the prime minister. Unlike the provinces of Pakistan, he will be an outsider. As of now, Minister of Kashmir and Northern Areas Qamar Zaman Kaira has been appointed governor till a new person is appointed.

Although a legislative assembly will be elected, the real powers will be with the council, whose chairman will be the prime minister of Pakistan and most of whose members will be appointees of the Pakistani government. Although the number of subjects on which the assembly can make law has been increased from 49 to 61, the council retains the exclusive power to legislate on 55 issues which are of much greater significance.

Certain issues like defence, foreign affairs and security are beyond the purview of both the assembly and the council. The chief justice of the appellate court will be appointed by the chairman of the council on the advice of the governor; other judges will also be appointed by the chairman on the advice of the governor after seeking views of the chief justice.