Protection of fundamental rights of peoples belonging to disputed/occupied territories not protected by a constitution (Gilgit-Baltistan): Approaches of developing democracies (India and Pakistan) to autonomy and self-determination

Abstract

Constitutions not only guarantee fundamental rights but also prevent arbitrary state restriction on these rights. The absence of constitutional protection raises significant political and legal challenges both to the fundamental rights as well as governance system, as seen in the case of Gilgit-Baltistan. Gilgit-Baltistan, is a disputed/occupied territory under de facto administration of Pakistan, which is located to the North of Pakistan, bordering China and India. Gilgit-Baltistan is a region/territory which is neither constitutionally integrated into the federation of Pakistan, nor protected by the constitutions fundamental rights provision. Due to this peculiar situation of constitutional limbo, Gilgit-Baltistan occupies a unique position in political and legal academic discourse. Unlike other cases of autonomy and self-determination such as, Quebec, Catalonia, South Sudan, West Bengal, and Kashmir, Gilgit-Baltistan lacks constitutional recognition within any state vis a vis Pakistan. This research project will address the political, democratic, and legal implications of this unique status, proposing a novel approach to autonomy with due consideration to the existing principles of autonomy (such as self-determination through autonomy or independence by Dr. Markku Suksi), that elaborates a unique autonomy arrangements in the case of New Caledonia, which can form a foundation in the case of Gilgit-Baltistan. In doing so, the project will contribute to the broader discourse on autonomy and self-determination for disputed/occupied territories which lie outside the formal constitutional frameworks of sovereign states.