Gilgit: The Gilgit Baltistan Minerals and Gem Association has expressed serious reservation over the draft GB Mining Concession Rule 2014, an statement said.
According to the statement, an emergent Meeting of the General Body of the Gilgit Baltistan Metals Minerals & Gems Association (GBMMGA) was held at its Head Office in Gilgit on 6th July 2014 under the president ship of Mr. Shehbaz Khan Chairam. The meeting discussed the Draft GB Mining Concession Rules 2014 proposed by the GB Council in detail. The Meeting showed its great concern and serious reservations on these Rules and unanimously passed the following resolution:
According to the statement, an emergent Meeting of the General Body of the Gilgit Baltistan Metals Minerals & Gems Association (GBMMGA) was held at its Head Office in Gilgit on 6th July 2014 under the president ship of Mr. Shehbaz Khan Chairam. The meeting discussed the Draft GB Mining Concession Rules 2014 proposed by the GB Council in detail. The Meeting showed its great concern and serious reservations on these Rules and unanimously passed the following resolution:
1. That the meeting terms the present Draft Mining Concession Rules 2014 proposed by the GB Council, a fueling step for uprising against the colonial policy of Ministry of K & GB Islamabad to deprive the people of GB from their economical constitutional and political rights prevailing since 67 years.
2. That the meeting observed with with great concern that the subject of Minerals remained under the domain of Provinces of Pakistan and AJK since 1973 & 1974. The 18th Amendment of Constitution of I.R of Pakistan has given the Concurrent List Subjects to the Provinces which were falling under the domain of Federal Government previously, to ensure provincial autonomy. Even, the Government of Northern Area & the NA Legislative Assembly was empowered to deal with the affairs of the subject of Minerals under the NA Governance Order 1994. But it is a matter of surprise that contrary to claims of Federation of Pakistan giving people of Gilgit Baltistan a complete local autonomy , empowerment and self governance under the GB Governance Order 2009 , even main revenue generating subjects including the Minerals falling previously under the domain of Northern Areas Administration in 1994, have been given under the clutches of even less than half represented Gilgit Baltistan Council based in Islamabad.
3. That the United Nations in its Universal Declaration (Agenda 21: Chapter 26) titled "Recognizing and Strengthening the Role of Indigenous People and their Communities" has called on Governments to recognize that the lands of indigenous people and their communities should be protected from activities that the indigenous people consider to be socially and culturally inappropriate through adoption or strengthening of appropriate policies and /or legal instruments at the national level (or intergovernmental organizations) . Government of Pakistan being a signatory to this declaration has the moral responsibility to harmonize the ownership rights prevailing in customary laws of Gilgit Baltistan to protect the rights of indigenous local people to evolve indigenous population friendly rules.
4. That the constitution of Pakistan as well as National Mineral Policy 1995 & 2014 has declared the subject of Minerals purely to be a Provincial subject for legislation & executive purposes; however this has not yet been included in the legislative list allowed to Gilgit Baltistan Legislative Assembly. The Claus 2 of the National Mineral Policy also declares the “Minerals” as Provincial subject and focused that all activities and decision making in this regard shall be taken at the provincial level.
But the proposed Mining Concession Rules 2014 drafted by the Gilgit Baltistan Council is a total negation of the facts mentioned above . Rather in these draft Rules:
· The executive and legislative powers of Government of Gilgit Baltistan has been taken away. The powers exercised by a Director as Licensing Authority & Chief Secretary as Appellate Forum of Government of Gilgit Baltistan stationed at Gilgit has been proposed to be assign to the Secretary GB Council as Licensing Authority & Minister In Charge GB Council as Appellate Forum based in Islamabad, which infect, is a serious joke in the present democratic society of decentralization and devolution of powers all over the world including Pakistan where the Federating Units have been given complete provincial autonomy. No doubt these rules drafted by GB Council is a straight slap on the face of the conceptual claim of Federation of Pakistan that the people of Gilgit Baltistan have been given complete Empowerment & Self Governance.
· That the rights of local inhabitants of the sites having mineral deposits, not been protected at all in this draft Rules. Even the nationals of Pakistan have been brought at par with the people of GB by giving them equal rights enjoyed by the people of GB with special reference to grant of EL/ML, employment and even in training programmes .
· That the Preferential rights of the Local Entrepreneurs with regard to award of ELs & MLs has not been guaranteed .
· That the powers given to GB Council to sign “Mining Agreements “ at Islamabad with any person” having no limitation of area and the minerals in the name of “Substantial Foreign Investment”, is the same methodology adapted previously by the rulers of the African & Latin American countries as a source of corruption to plunder the mineral resources by opening doors for Multi National Companies and Foreign Entrepreneurs in the name of Foreign Investment resulting cleansing of the whole precious minerals just in few years which was enough for centuries if locals extracted by themselves for centuries. Such kind of notorious and admittedly unsuccessful Mineral Policy would be a complete disaster for GB if approved. The 100% income and profit from the sale of raw material as well as value added product would go into the pocket of foreign investor and only peanut amounts in the shape of salaries & daily wages would go to locals as low paid employees and laborers just for few years, if titles given foreigners directly.
· That it is astonishing to note here that even the commonly used Sand and Gravel in GB for construction purposes, a source of earning of hundreds of families in low level as well, has also been proposed to get through grant of leased issued by the Secretary GBC sitting in Islamabad. This act could result law & order situation in GB if not done away at the earliest.
The Gilgit Baltistan Metals & Minerals Association (GBMMGA) is of the considered opinion that such kind of “colonial approach” towards the region of Gilgit Baltistan and its people even in this 21st century is not only an attempt to usurping of powers of local authorities of Government of Gilgit Baltistan but also a deliberate attempt to deprive the local people from their fundamental rights to utilize their natural resources as owners enjoying since centuries under customary laws and traditions.
Such kind of actions to snatch “rights & powers ” by the GB Council Islamabad shall not only confront the larger interest of State of I R of Pakistan in this sensitive region but would also be a violation of UNO Charter & judgment / orders of the Supreme Court Of Pakistan given in 1999 (1999 SCMR 1379).
The most recent categorical stance taken by the Ministry of K& GB Affairs on the status of Gilgit Baltistan declaring the Gilgit Baltistan as “not a constitutional Part of Pakistan being a disputed territory before the Standing Committee of the Parliament , has confirmed that the GB Council is actually and factually second face of K&GB Ministry Islamabad thus having no moral and legal authority to exercise remote controlled powers to conduct activities and making decisions to award & cancel the MLs & ELs of natural wealth located in Gilgit Baltistan from a distance of 650 km at Islamabad.
- Thus the Gilgit Baltistan Metals Minerals & Gems Association (GBMMGA) totally rejects these rules drafted with a malafide intention to shift all powers in this regard from Gilgit to Islamabad. The meeting declared these rules against the larger interest of the people and the region of Gilgit Baltistan thus refusing to accept at ll.
- The GBMMGA demands that an amendment in the Gilgit Baltistan (Empowerment & Self Governance) Order 2009 be made forth with to include the subject of Minerals, and other natural resources of Hydropower, Forest and Tourism in the Gilgit Baltistan Legislative Assembly List enabling the Executive Authority of Gilgit Baltistan to exercise its powers in this regard to avoid any future political complications.
Let the then GB Legislative Assembly to enact laws in this regard by safeguarding rights of people here and in the larger interest of the Region of Gilgit Baltistan.
Till then, NA MCR 2003 & the Draft GB Mining Concession Rules 2014 submitted by the GB Government Mineral Secretariat should prevail with the following changes and amendments to be made on emergency footings:
PROPOSED AMMENDMENTS:
1. APPROVAL AUTHITY :
All MLs /ELs/RLs/MDRLs shall be issued by the concerned Licensing Authority after getting approval from the Minister In Charge of the GB Government being administrative head of the Minerals Department in terms of GB Rules of Business 2009.
2. LICENSING AUTHORITY FOR MMINING LEASES:
The Secretary Minerals GB Government will be the Licensing Authority to grant the Mining Leases on the recommendation of Evaluation Committee.
3. LICENSING AUTHORITY FOR EL/RL/MDRL
The Director Minerals will be the Licensing Authority to grant the Mining Leases on the recommendation of Evaluation Committee
4. APPELLATE FORUM
The Chief Minister of Gilgit Baltistan shall be the Appellate Forum to adjudicate the appeals against the orders of Licensing Authorities.
5. EVALUATION COMMITTEE FOR EL/RL/MDRL
To ensure transparency in grant of , The EL,MDL and ML there shall be an “ Evaluation Committee” comprising Technical Officials of Directorate Minerals and a nominee of GBMMGA in case of applications for grant of Metals & Industrial Minerals and APGMA in case of Gems. This Evaluation Committee shall be headed by the Director Minerals.
6. EVALUATION COMMITTEE FOR ML
There shall be an Evaluation Committee for grant of Mining Leases comprising Technical officials of Mineral Directorate, Technical officials from the Minerals Secretariat and nominees of GBMMGA for Metals & Industrial Minerals & the APGMA for Gems. This committee shall be headed by the Secretary Minerals.
7. THE RECOMMENDATIONS OF ASSOCIATION
The applicants desirous to get title for Metals & Minerals shall have to be member of GBMMGA and in case of Gems, be member of APGMA. The Section 93 of MRC 2003 be implemented in letter and spirit.
8. AGREEMENT WITH THE LOCAL COMMUNITY
The Directorate of Minerals shall entertain only those applications for Grant of ML/EL/RL and MDRL having “Agreements with the Local Community of the Mineral Deposit area.
9. SHARE OF LOCAL COMMUNITY IN ROYALTY
In addition to agreed terms of royalty/cess to be paid by the Licensee or Lease holder to the local community, the Government should also fix some percentage of share to the Local Community from the Royalty received from the ML/EL holders
10 PARTICIPATION OF ML HOLDER IN THE SOCIAL DEVELOPEMENT
The Lease Holders shall be bound to take active part in the social development of the Mining area in case of successful mining operations.
11..BAN ON TRANSFER/ASSINMENT OF MLs/ELS
There shall be a ban on sale or transfer of ML/EL etc by the local Lease or License Holder to any other Pakistan national or foreign national.
12 TOP PRIORITY TO LOCAL ENTERPRENUERS
In case of more than one applications for the same area by a Pakistan national and the Local Entrepreneur, the application of local entrepreneur shall be considered /preferred and the EL/ML be granted accordingly.
13 RESTRICTION OF DIRECT GRANT OF ML/EL TO FOREIGN NATIONALS & ENTERPRENUERS
The Foreign Nationals & the Entrepreneurs shall not be given EL or ML
directly. The EL or ML be given to the locally registered Joint Venture with
the Foreign Nationals having a share of at least 50% to the local partner.
13 PAKISTAN NATIONALS APPLICANTS
The ELs & MLs may be granted to only those Pakistan National applicants who furnish guarantee to establish Processing Plants of applied metals/ minerals .
15 MAXIMUM AREA OF ML/EL/RL/MDL
The Area for ML should not exceed 25 Sq Km and the EL/RL/MDRL should not exceed 100 Sq KM.
16 GRANT OF ML FOR GEMS
Keeping in view of peculiar topographic as well as fragile situation in GB and to stop illegal transport of Gems from GB giving loss to exchequer, the ML be issued to the specifically established Cooperative Societies or Entrepreneurs of the Locality having Gems Deposit or those Local Entrepreneurs of GB having agreements with those gems mines localities. UNQUOTE
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