The question of ownership

Somewhere along our history, the original concept behind having government and leaders became muddied. What might have been intended to solve a problem of in-group coordination and resource allocation instead became an entirely self-serving entity. One should not place the blame entirely on those who make up a government. While many at the helm are absolutely power and wealth hungry — in some ways it is the natural manifestation of our worst impulse — many more who made up governments in history and today perhaps never really understood the consequences.

And so you have situations like the one the Balochistan High Court recently had to settle. The judges involved must definitely be commended for the progressive stance they have taken. Their ruling sets a precedent not just for our own country but also for the issues of the indigenous around the world. The BHC had been listening to a petition filed by a number of local agriculturalists to determine the status of unsettled lands of the province. According to the petitioners, most of the lands throughout the province are unsettled with the land of a few districts completely undocumented to date. The petitioners and members of the indigenous tribes had claimed ownership of these lands.

The provincial government, despite seemingly lagging in documenting these lands, has laid claim to them. This opinion, no doubt, stems from the notion that a government is ‘master of its domain’ rather than a service for citizens. Hence, it is no surprise that the government had disputed the petitioners’ claim. In the landmark judgment, the BHC declared that the unsettled land of the country’s largest province belongs to the indigenous tribes inhabiting those plains and mountains for centuries rather than to the provincial government. “[The government] by not conducting settlement in the area, naturally the landowners concerned will have no documentary proof, for which they cannot be held responsible, hence cannot be deprived of their rights,” it observed.

One hopes that authorities in Balochistan and beyond will pay heed to the BHC judgment. The issue of indigenous settlements is one that plagues almost every country in the world, and is at the root of displeasure among marginalised native communities.

 

Published in The Express Tribune, March 29^th, 2021.

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