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Law, Culture, and Governance in Hunza NAVEIÑ REET: Nordic Journal of Law and Social Research NAVEIÑ REET: Nordic Journal of Law and Social Research (NNJLSR) is a peer reviewed annual research journal. NNJLSR aims to publish original and innovative legal scholarship in the diverse fields of law. NNJLSR is keen to publish interdisciplinary socio-legal research that examines the interface between law and political science, economics, sociology, philosophy, anthropology, ecology, feminism and legal institutions. The journal further aims to share research and ideas about legal matters of concern which are common to developing countries; to encourage research in these fields; and to build conventions of academic discourse and publication. The journal encourages work which sees law in a broader sense, and so sees legal matters as including cultural diversity and plural legal realities all over the world. Moreover, the journal aims to function as a platform for communication on legal matters of concern among the powerless and those who struggle to access justice. The journal welcomes contributions from judges, lawyers, academics and law students. In addition, given its policy of encouraging interdisciplinary scholarship, it welcomes input from specialists belonging to other disciplines. Contributors are welcome to address issues from national, comparative and international perspectives. Contributions may be in the form of articles, book reviews, case comments or other forms. The views expressed in the NNJLSR are those of the authors and they are responsible for their views expressed in the NNJLSR. Published by the Department of Cross-Cultural and Regional Studies at University of Copenhagen. Cooperation: Bahauddin Zakariya University, Multan and The Islamia University of Bahawalpur, Pakistan. Copyright: All rights reserved, with the exception of fair dealing for the purposes of research or private study, or criticism or review. No part of this publication may be reproduced, stored or transmitted in any form or by any means without the prior permission in writing from the copyright holder. The name of the journal is NAVEIÑ REET: Nordic Journal of Law and Social Research (NNJSLR). NAVEIÑ REET is a punjabi word meaning “New Tradition”. Printed and bound by GRAFISK – University of Copenhagen Layout and graphic design by Åse Marie Fosdal Ghasemi Cover photograph by Marius Holden Cover design by Åse Marie Fosdal Ghasemi www.jlsr.tors.ku.dk Subscriptions: All subscription requests and orders should be sent to The Editor NAVEIÑ REET: Nordic Journal of Law and Social Research [email protected] ISSN 2246-7483 (print) ISSN 2246-7807 (online) NAVEIÑ REET: Nordic Journal of Law and Social Research LAW, CULTURE, AND GOVERNANCE IN HUNZA An Annual Interdisciplinary Research Journal Number 8 2018 Guest editor: Livia Holden Dedicated in honour of Prof. Gordon R. Woodman. Editor Rubya Mehdi, Senior Research Associate, Department of Cross Cultural and Regional Studies (ToRS), University of Copenhagen, Denmark Editorial Committee Livia Holden, Prof. Dr. Livia Holden Dean of Faculty - Humanities and Social Sciences - Karakoram International University, Pakistan Osama Siddique M.B.A (LUMS); B.A (Hons) (Juris), M.A (Oxon); LL.M, S.J.D (Harvard) Associate Fellow – Institute of Development and Economic Alternatives (IDEAS) Abdul Quddos Sial, Associate Professor, Department of Law, the Islamia University of Bahawalpur, Pakistan Jørgen S. Nielsen, Honorary Professor of Islamic Studies, Faculty of Theology, University of Copenhagen, Denmark Javaid Rehman, Professor Brunal Law School, Brunal University, UK Prakash Shah, Reader in Culture and Law, Director, GLOCUL: Centre for Culture and Law, Department of Law, Queen Mary, University of London, UK Marie-Claire Foblets – at the Universities of Leuven, Brussels and Antwerp, Belgium Muhammad Khalid Masud, ‘ad-hoc member of the Shariat Appellate Bench, Ex- Chairman Council of Islamic Ideology, Pakistan Khalid Saeed, Department of Psychology, BZU, Multan, Pakistan Muhammad Shafique Bhatti, Chairman Department of Philosophy, BZU, Multan, Pakistan Werner Menski, School of Law, SOAS, University of London, UK Rashdeen Nawaz (advocate Supreme Court of Pakistan) Lahore, Pakistan Lisbet Christoffersen, Professor of Law, Religion & Society; Roskilde University Centre (RUC) Denmark Peter Birkelund Andersen, Lecturer, Department of Cross-Cultural and Regional Studies (ToRS), University of Copenhagen, Denmark Karin Buhmann, Professor, Dr.Scient.Adm. (CSR and Business & Human Rights) & PhD (law) Department of Management, Society and Communication (MSC) – Copenhagen Business School Advisory Committee Hanne Petersen, Professor of Legal Cultures, Faculty of Law, University of Copenhagen, Denmark Lawrence Rosen, Cromwell Professor of Anthropology, Princeton University, USA Ahmed Ali, National University of Law, Islamabad, Pakistan Stig Toft Madsen, Nordic Institute of Asian Studies (NIAS) University of Copenhagen, Denmark Ali Khan, Head of Department - Humanities and Social Sciences (LUMS) NAVEIÑ REET: Nordic Journal of Law and Social Research Law, Culture, and Governance in Hunza Number 8 – 2018 Contents Law, Culture, and Governance in Hunza: Introduction 7 Livia Holden Transition from a Traditional Nature and Game Reserve to a National Park: the Case of Khunzhrav Valley in Northern Pakistan 13 Fazal Amin Beg, Muhammad Ali and Zoran Lapov Autoethnography, Knowledge Governance and the PANOS Oral Testimony Program in Shimshal, Pakistan 33 David Butz & Nancy Cook Governance and Customary Laws of Hunza in Burushaski Folktales: An Emic Approach 51 Abida Ali Civil Society and Governance in Gojal (Gilgit-Baltistan) 83 Fazal Amin Beg and Zoran Lapov Inheritance rights and tribal governance of innermost Hunza (Gilgit-Baltistan) 107 Mueezuddin Hakal Britain and China’s 19th Century Stalemate over Hunza—Kanjut 123 Julie Flowerday Call for Papers for special anniversary issue 2019 161 Edited by, Hanne Petersen, Louise Therese Koefoed Rasmussen and Rubya Mehdi Call for papers for special issue 2019 163 Edited by Mikele Schultz-Knudsen, Hanne Petersen and Rubya Mehdi Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018, pp. 7-12 Law, Culture, and Governance in Hunza: Introduction Livia Holden This special issue is the offshoot of Law and Governance in Gilgit-Baltistan under publication in the Journal of South Asian History and Culture to which I refer the readers for a general introduction on Gilgit-Baltistan as a disputed area under the control of Pakistan. Whilst this special issue focuses on law, culture and governance in Hunza, the extreme northern district of Gilgit-Baltistan, it is necessary to recall here some of the facts that I have already mentioned in the introduction to Law and Governance in Gilgit-Baltistan. In 1948 and 1949 the United Nations, solicited by Pakistan and India, delivered two resolutions attesting to the status of present-day Gilgit-Baltistan as a disputed territory waiting for the plebiscite to decide the fate of Kashmir. The UN advised both India and Pakistan to remove their armies from all disputed territories, so that the UN-supervised referendum could take place; however, neither country was prepared to do so. As a result, the situation has not changed since then. In April 1949, Pakistan signed the Karachi Agreement that gave to Azad Jammu and Kashmir (AJK), also called Pakistan Controlled Kashmir, power of administration over present-day Gilgit-Baltistan. The Agreement has always been considered highly controversial for negating rights of self-determination for the people of Gilgit-Baltistan. Hunza was a princely state located to the north of Jammu and Kashmir. It used to pay tributes to the Maharaja of Kashmir and to China. Some records say that on 3 November 1947, the Mir of Hunza sent a telegram to Jinnah stating that Hunza wanted to accede to Pakistan. It was however not until 1974 that Zulfikar Ali Bhutto abolished the Mir’s government and that Hunza was veritably annexed to Pakistan. Oral accounts tell that when this happened a light rain started to pour on central Hunza, over Baltit Fort and the central square: it was the sky crying for the lost kingdom of Hunza. As the authors of this special issue account from a variety of perspectives, the processes of local governance were progressively wiped out in Hunza to the benefit of a form of centralisation that still struggles to be implemented to this day. Customs and local governance have however been kept alive in several ways in Hunza and this is why this special issue focuses on the particular linkage of law and governance with culture. Law, Culture, and Governance in Hunza shares with Law and Governance in Gilgit- Baltistan not only a similar focus but also the same ideological positioning in support of diverse and inclusive scholarship. The choice of the authors for this special issue was guided by an engagement with the scholarship originating from and/or working on 8 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 the longer term in Gilgit-Baltistan. During my tenure as an anthropology professor in Lahore and later as the Dean of Faculty in Gilgit, I have realised that whilst there is a global consensus on the need to de-colonise anthropology in Western universities, a more subtle discrimination runs alongside and combines with the deep divide between scholars at well-raked and less-well-ranked universities. This divide deepens even further when scholars are affiliated with universities located in remote areas and in developing countries.
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