Wednesday, March 27, 2013

Decolonisation and event led to occupation of Baluchistan by Pakistan.


The main fact of the Baluch and Pakistan and Iranian conflict has been the occupation.

The Baluch have acquired identity and ethno consciousness before the formulation of the nationalism doctrine. They have been a self defining ethno culture through history even if they did not have the required sense of social and political solidarity to assert themselves as a nation as it is understood in the today’s world.
Before the arrival of British colonial power the Baluch lived in the state rule by the Baluch nationality (the Khan).
The first incursion into Baluchistan by the British 1839;
( Kalat Charles Massion) wrote; the territories of Mehrab Khan (today Baluchistan) were dismembered and were annexed to dominion of the neighbouring states( Persia, Afghan, India).

The British interest grew in Baluchistan during 1860-70 because of the British perception that the Russian might extend their territory southward. The British introduced a different dimension into internal tribal relationship.

(IOR/1/34/60 1934 on the constitutional history of the Kalat state); Keyes writes that the khan alone, who had British government jurisdiction and power of treaty and administer over most of tribal territory... he argued the necessities of frontiers required the obedience of the powerful Sardars to the British Indian government; the right and privilege of the Khan of Kalat were matter of less important to British. The British decentralised power and empowered the Tribal chiefs and reduced the Khan influence on the Baluch. The British introduced heredity tribal chiefdom.  
Partitions,
Dr Inyatulla Baluch write in his book the problem of greater Baluchistan;
The British ignored all the evidences of certain areas, coming under the jurisdiction and influence of the Kalat state and gifted them away either to Iran or Afghanistan, in a bid to soothe the rulers in these countries and befriend them in anticipation of an attack from the Russian side. Baluch had to pay deadly for the selfish motives of the colonial rulers.
The British colonial power decided to divide Baluchistan under their control with Iran in 1870 and with Afghanistan 1896 and 1905. In 1871 major General Frederick Goldsmith was appointed chief commissioner of the joint Persian Baluch boundary and decision of the commission was not acceptable to the Baluch because the British were seen eager to persuade the Iranian away from Russia by gifting away some of Baluch territory.
The final demarcation of Persian and Baluchistan ignored the historical Baluchistan state and the principle of the right to self determination. Azand Khan of Kharan and western Baluchistan chiefs refused to acknowledge the Persian rules over the western Baluchistan and rose against British and Persian.
Ibrahim Khan Sanjrani chief of Chakansur (outer Seistan today Afghanistan) refused to acknowledge the Afghan rule. British encouraged Amir Abdul Rahman Khan the king of Afghanistan to occupy the part of Seistan, the Amir Abdul Rahman, an Afghan king whose antecedent had a treaty with the Baluch khan to respect each other territory, reluctantly invaded the Baluch khanate territory.
The Goldsmith line has no legitimacy in the Baluch eyes. The partition ignored the geography, culture, history and will of the people. The boundaries divided communities, and people. The Iranian regime has built a wall in order to divide people who are connected to each other by language, culture and blood relation.  

Decolonisation and event led to occupation of Baluchistan by Pakistan.


on the August 4, 1947, the British government, the Khan of Kalat (the Khan of Baluchistan) and Pakistan’s leaders have signed an agreement which clearly states;

The  Kalat state (Baluchistan today) will be independent (August 5, 1947), enjoying the same status it held originally in 1838, to have friendly relations with its neighbours.

 “In the case where relations Kalat (Balochistan now) with any future government got strained, Kalat will exercise its right to self-determination, and the British government should take precautionary measures to help Kalat in the matter by the treaties of 1839 and 1841. (By Hussain Bux Thebo balochvoice. com March 3, 2007)

original documents has been signed and sealed by the head of Kalat, and the Khanate of Kalat declared independence of Baluchistan August 11, 1947, the founder of Pakistan Mohammad Ali Jinnah signed the proclamation, August 12, 1947.

This is the first clause reads “the government of Pakistan acknowledged Kalat (Baluchistan) as an independent and autonomous has been different from other Indian states” (by Dr. Baloch Inyataullah Ph.D., author of ” problem of Greater Baluchistan “) and” The New York Times “reported that news. See the clip below.

From New York Times, 1947 democratically elected (upper and lower), the Parliament unanimously voted against the Baluch merger of Kalat (Baluchistan) in Pakistan on 14th December 1947 under the leadership of Mir Baksh Bizenjo Ghoz. Ironically, the Pakistani leaders blindly undemocratic violated the constitution of Kalat (Balochistan) and the parliamentary decision Baloch.

The Khan was the head of the Baluch Confederacy, and the suzerain of the Kharan and Las Bela confederacy, and that all Baluch tribes were conscious to preserve their national existence and stay out of the Indian and Pakistan. Khanate of Kalat  had  never been party of negotiations conducted by the Negotiating Committee of the Chamber of Princes with the Constituent Assembly, no khan had ever had compromised Baluchistan position as an independent state in the Treaty of 1876.


The minutes of the meeting shows that Jinnah had asked Khan of Kalat to whether he would be willing to send representatives to the Pakistan Constituent Assembly, but the Khan of Kalat had responded in the negative, saying it would not be possible because of Kalat ’is independent state.

A series of meetings between the Viceroy, as the Crown’s Representative, the Ali Jinnh and the Khan of Kalat followed, which resulted in a communiqué on August 11, 1947. The communiqué stated that:

The Government of Pakistan recognizes Kalat as an independent sovereign state in treaty relations with the British Government with a status different from that of Indian States.
Legal opinion will be sought as to whether or not agreements of leases will be inherited by the Pakistan Government.

Meanwhile, a Standstill Agreement has been made between Pakistan and Kalat.




After the independent, Muhammad Ali Jinnah had a change of mind on the recognition of Kalat as an Independent and a Sovereign State, and wanted the Khan of Kalat to sign the instrument of accession and joined Pakistan. The Khan was unwilling to abandon achieved independent but ready to agree upon a good neighbourly relation with Pakistan. The Khan wanted a satisfactory agreement on the leased areas. Fears were also being voiced  that the Government of Pakistan had start dealing with the two confederacies of Las Bela and Kharan,  as these two confedrate were recognized by the Crown Representative under the  suzerain the khanate of Kalat.






By February 1948, the negotiation between Kalat and the Government of Pakistan were coming to a head. Ali Jinah wrote to the Khan of Kalat: “I advise you to join Pakistan without further delay and let me have your final reply.  On February 15, 1948, Ali Jinah visited Sibi, Baluchistan the main reason for the Ali Jinah visit to Baluchistan was to persuade the Khan of Kalat to accede to Pakistan.   The Khan of Kalat refused to see Jinah in Sibi Baluchistan. In his letter to Ali Jinah, the Khan of Kalat said that he had summoned both Houses of the Parliament, Dar-ul-Umara and Dar-ul-Awam, for their opinion about the future relations with Pakistan, and the Khan of Kalat  would inform Pakistan  about Baluchistan parliaments opinion.

The both houses of parliament met on February 21, 1948, the Baluchistan both houses decided not to accede to Pakistan.  The Khan of Kalat also called a meeting of the Dar-ul-Umara to consider Ali Jinah request for Kalat to accede to Pakistan.
Mir Ghaus Baksh Bizanjo spoke against accession to Pakistan, and he argued that if Pakistan wanted friendship with Kalat, it should restore its leased territories and stop interparing in Kharan and Las-bela affairs.


By early March 1948 it was clear that Kalat’s accession to Pakistan was not insight. Ali Jinah met the head of Kharan confederacy Habibullah Khan on March 4, and raised the status of Kharan, Las Bella two Baluchistan confederacy under the khanate suzerain and the Makuran a district of Kalat prepare to princely state and independent from Baluchistan in order to by pass the Khan of Kalat and enable kharan and La- Bella to sign accession treaty with Pakistan.
 On March 17, 1948 Pakistan forces occupied that Kharan, Las Bela and Mekran.  Baluchistan was an independent country and Pakistan had recognised the independent of Baluchistan, Ali Jinah the head of Pakistan had no right to declare Kharan Las-Bella an independent princely state.  under the Baluchistan constitution only the Khan of Kalat the head of confederacy had right to sign treaty with foreign power.   The occupation of Kharan, Las-Bella and Makran had reduced the size of Kalat by more than one half, cutting Kalat completely from the coast and leaving Kalat under Pakistani military siege and largely isolated.  
 Pakistan was interfering in Baluchistan internal affair instigating internal tribal feud and bribed the tribal chief. The Khan of Kalat argued that the occupation  was a violation of Kalat’s sovereignty. He also said that while Kharan and Las Bela were its confederacy and Mekran was a district of Kalat.


The Pakistani forces occupied Kalat on the March 27 and forced the Khan of kalat to sign instrument of annexation. There were arms resistance to the annexation in the middle of July 1948, the brother of the Khan returned from Afghanistan, where he had fled with a body of armed followers. The Pakistan Army engaged resistance and the resistance to occupation was crush brutally by Pakistan superior army.

As this point it is clear   that the annexation of Kalat was forceful. And Pakistan came into existence on August 14, 1947, the annexation of Kalat  did take place on March 27, 1948. The two confederacy Las Bela and Kharan and makarn a district of kalat were occupied first and the Pakistani isolated the Khan of kalat.


 In July 1948, three months after the annexation of Kalat,  the Khan’s brother, Prince Abdul Karim, returned from Kalat with the (armed civilian volunteers)  lashkar and a skirmish took place between the lashkar and  Pakistan army contingent. Mountbatten’s policy towards the Indian princely states had turned against giving the princely states the option of independence, and the choice was annexation to either of the Indi or pakistan.  The correspondence of the UK High Commissioner to Pakistan reveals that the British government was very concerned that Kalat should not be granted independence.


2-Appendix;
 Brief précis of the constitution history of kalat state,
Reference (IOR/1/34/60 1934 on the constitutional history of the Kalat state)


The khan existed in kalat before the confederacy was established and the component tribes of the confederacy came in under his banner for their own benefit. The original the khan’s people (Ulus) turned to cultivation and the independent nomads under sanders supplied the fighting men and were in a position to control the khan himself. The Wiser of the khans sought to bind sardars to them by grants of land in kalat proper, recognising the supreme importance of their military power which they and their tribes could provide.


In October 1926 Keyes submitted a most important note on constitutional aspect. In the course of this note he attempted to show that the tribal system was only a part of the khan state system which he describe, the warrior, and the worker, the khan tribes and cultivators of the khan’s lands according to keyes it was the cultivator of kachhi and of the lands above the passes who provided the khan with the resources  to retain the services of the nomad Baluch tribesmen it was the cultivator working the Comi Inam lands who freed the nomad tribesman for the services of the khan and it was the khan who brought the two elements together. This was the system of Nasir Khan the great and this was the system which Sir Robert Sendeman understood to be the constitution of Baluchistan.


Following the accession of Mahmud Khan we (British) had left the khan with little of the authority over the sardars to which he was entitled under the old constitution and which his predecessors had exercised until the time of our (British) intervention, while the position of the sardars under our (British) protection was one of an independence from the khan to which they had no historical or customary rights. He argued that we had whittled down the khan’s power vis-a-vis his sardars even more than we (British whittled down his khanate.


Keyes pointed out that Baluchistan is multiple federal states and not a simple confederacy. In both Sarawan and Jhalawn and in Kachhi, the khan was autocratic ruler,  and he added that the Niabats of Sarawan and Jhalawan including all the land irrigated by perennial water of two divisions, and that no tribal chief held there any land with a perennial source of irrigation except as a grantee and subject of the khan.

Magasi and rand tribes in Kachhi with their sardar in that area are revenue paying subject of the khan. In the Sarawan and Jhalawan he showed that many of the sardars own land as sardari, or private or family property with no feudal obligations, but that the chiefs and their tribesmen, while living there, these property are subject to the khan’s courts. In Sarawan and Jhalawan, in the areas of five tribes of Ulus the khan is autocratic ruler; in Kachhi he is something like a feudal over lord; while in the tribal territory he is head of a confederacy but even so hold a potion higher than the primus inter pares.

He argued the difference between the khan and sardar is therefore is not of degree but of kind. It was the khan alone who had to British government jurisdiction and power of administer of Bolan which almost exclusively tribal territory, the agreement ceding the land for Kandahar state railway, Mushkaf Bolan railway, the most part covering tribal territory, were made by the khan without the sardars....

 The well being of India and maintenance of peaceful developments of existing institutions in the frontier state Baluchistan, to countenance any attempt on the part of the khan to draw away from the constitution and set himself up as an autocratic ruler. In order words the necessities of frontiers defence required the obedience of the powerful sardars to the British Indian government; the rights and privilege of the khan of kalat were matter of less importance.

Colonel Flowden’s reference to the viceroy’s Durbar 1877 when the khan was not put in the special circle reserved for the feudatory princes of India but was told that he had been put in a special place set a part for himself as he occupied the position of a sovereign prince entirely independent of the British government with which he was connected only by his treaty engagements.


It seems that there can be no real doubt that colonel Key’s summing up of constitutional position of kalat was correct in its essentials. Baluchistan is a multiple federal state in a great part of which the khan is autocratic ruler. In the tribal areas the khan is clearly a something higher than primus inter pares and the restrictions by which he is bound in these areas are the result of more of practical than of constitutional considerations.

Note from the constitution history of kalat state,
M.Sarjov

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