David Butz & Nancy Cook 45 partly from the communitys self-reflexive efforts to overcome the perceived deficiencies of the project. Overall, the Oral Testimony Project increased Shimshals sense of its status as a community experienced with research, and this gave people confidence that they could exercise more control over what research gets done in Shimshal and how it is conducted. One aspect of this control is a tendency toward the bureaucratisation and commodification of research, evident in emerging discourses of transparency and accountability, formal arrangements for involving local field assistants, procedures for vetting and archiving research data, and expectations of remuneration for certain types of participation (often in the form of left over research equipment, such as cameras). At a more mundane level, Shimshalis have become more comfortable with audio- and video-recording equipment, and now expect that social research will involve formal, recorded interviews, not least because recordings are a good way to make data accessible to everyone in the community. We think the project has also helped consolidate Shimshalis understanding of a distinction between physical science and social science research. In our experience during the 1980s and 1990s, both were understood as offshoots of tourism: externally driven endeavours where foreign researchers called the shots, and Shimshalis were hired as labourers. In those days the research relationship mirrored the tourism labour relationship, and researchers were referred to locally as tourists. The PANOS project was part of a shift toward understanding social research as more akin to international development. This is evident in the communitys growing expectation that research will involve formal community-researcher collaborations, targeted income generation, capacity building in the form of local training, and community oversight. Finally, in the decade since the testimonies were produced and uploaded to the Mountain Voices website, Shimshal has become an increasingly active site of social research and other forms of mainly development-oriented transcultural collaboration. It is likely that the published testimonies have attracted some of this attention to the community, although we have no reliable data to establish such a correlation. More importantly, when researchers and other non-locals visit Shimshal they encounter a population that is ready to engage with them confidently, skillfully, and with a clear sense of intention. Some of the seeds of this transcultural cultural capital were sown by the Oral Testimony Project. 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 betw 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 Si 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 Livia Holden 7 Transition from a Traditional Nature and Game Reserve to a National Park: the Case of Khunzhrav Valley in Norther 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 w 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 an Livia Holden - Introduction 9 and its accession to the state of Pakistan, the inhabitants of the area found themselves in a setting of democratic competition with new stakeholders where national laws were for the first time referred to as having supremacy over local customs. Faizal Amin Beg and Mu 10 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Governance and customary laws of Hunza in Burushaski folktales: An emic approach by Abida Ali brings the readers into the world of oral literature, for detecting and explaining recurrent themes which pertain to local cust Livia Holden - Introduction 11 The last paper entitled Britain and Chinas 19th Century Stalemate over Hunza Kanjut, Precursor to the Kashmir Dispute by Julie Flowerday brings the readers to the 19th century stalemate over Hunza-Kanjut which the author proposes as a precursor to the Kashmir dispute Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018, pp. 13-32 Transition from a Traditional Nature and Game Reserve to a National Park: the Case of Khunzhrav Valley in Northern Pakistan Fazal Amin Beg, Muhammad Ali and Zoran Lapov Abstract Governance systems aimed at protect 14 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 by the Government of Pakistan on the same valley, are comparatively explored with particular attention to the issue of communal rights as predicted by the related cus tomary laws addressing the governance of natural resou Fazal Amin Beg, Muhammad Ali, Zoran Lapov 15 an area of land, the IUCN-designed definition of protected area broadly applies to Khunzhrav valley. The former principality of Hunza has been no exception in this process of political and administrative transformations. Accordingly, the phenomenon prod 16 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Contextualisation of the Khunzhrav Valley A Basic Orientation within the Area The Khunzhrav valley (now: Khunzhrav National Park, KNP) falls within the territory of Hunza district: evolved from the former principality of Fazal Amin Beg, Muhammad Ali, Zoran Lapov 17 Source and courtesy: Hermann Kreutzmann, Field Manual for Karakorum Traverse, 2008, Part I. At present, Hunza-Nagar district is among the top ten districts with high literacy rate with over 77.8% for both male and female populations (SDPI-Alif Ailaan 2 18 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 as to other local communities including a significant number of Burushaski speaking population. A number of villages, namely Ghalapan, Murkhun, Jamalabad, Gircha, Sarteez, Nazeemabad, Sost, and Hussainabad, falls into thi Fazal Amin Beg, Muhammad Ali, Zoran Lapov 19 Although the indigenous people of Khunzhrav de jure had their pastures within the Khunzhrav valley and de facto paid various taxes including grazing taxes to the Hunza State, the Khunzhrav valley was designated as a nature and game reserve by the Mirs w 20 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 the paths of their social transition from an old royalist towards a new democratic system of governance, as shared by one of the key informants on June 12th, 2015. The transition was illustrated by a socio-political activ Fazal Amin Beg, Muhammad Ali, Zoran Lapov 21 Indigenous Rights and Resistances In 1976, the native community members took their livestock to the Khunzhrav National Park (KNP) up to the Core Zone. The Park Administration brought the grazers down in order to have the Governments writ on the KNP. Com 22 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Despite the existing circumstances of the KNP, more invigorated steps are observed since 1986 on, especially during the semi-civilian government of Muhammad Khan Junejo, the then Prime Minster of Pakistan under General Zi Fazal Amin Beg, Muhammad Ali, Zoran Lapov 23 In January 1992, a decision was finally taken (thanks also to the facilitation of WWF) in the form of a mutual agreement between the local community and the Park Administration: by reaching this agreement regarding the KNP management, the communal right 24 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 a van, would meet with the Avgarch community representatives at that time if any help was required. The Avgarch representatives answered that the case concerned the 12km of the Core Zone (Wiyinsar). However, if the case s Fazal Amin Beg, Muhammad Ali, Zoran Lapov 25 outstanding civil society organisation, the KVO safeguards not only the natural resources of the KNP, but also works for the preservation, mobilisation and promotion of any other resources under its jurisdiction. Comparative Perspectives of Conservanci 26 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Despite the regulations, episodes of poaching were not missing: the reported examples speak of poachers hiding their weapons under their beds, or on the horses or yaks back. In the former principality, two figures were in Fazal Amin Beg, Muhammad Ali, Zoran Lapov 27 safe havens. The Nature Conservation of IUCN Model (through KNP) focused on all natural resources (with Marco Polo sheep as a top priority). Conservation approach. The traditional model privileged the top-down approach allowing and/or rewarding few past 28 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 discouraging this approach, emphasises instead on decreasing livestock population, particularly yaks. Abiotic component. Although concrete and detailed information on traditional approaches regarding abiotic aspects of na Fazal Amin Beg, Muhammad Ali, Zoran Lapov 29 security) as a top priority, while KSF put human or political security between Pakistan and China as the top concern. KNP strictly advocates and restricts in carrying even a knife along while entering the natural park; quite the opposite, KSF has employ 30 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Inclusive approach in communal matters, based upon acknowledgement of relevant rights and responsibilities, along with promoting a multilevel communication with the concerned communities, leads towards productive forms of Fazal Amin Beg, Muhammad Ali, Zoran Lapov 31 Campbell, J. Gabriel. Inventory of Glaciers, Glacial Lakes and the Identification of Potential Glacial Lake Outburst Floods (GLOFs) Affected by Global Warming in the Mountains of India, Pakistan and China/Tibet Autonomous Region. Kathmandu: Internationa 32 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Shroder, John F., Ronald Johnson, Saqib M Khan, and Mark Spener. Batura Glacier Terminus, 1984, Karakoram Himalaya . Geology Bulliton, University of Peshawar, 1984: 119-126. Sokefeld, Martin. The Attabad landslide and the Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018, pp. 33-50 Autoethnography, Knowledge Governance and the PANOS Oral Testimony Program in Shimshal, Pakistan David Butz & Nancy Cook Abstract Between 2000 and 2002 the community of Shimshal, Gilgit-Baltistan, Pakistan collabo 34 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 The Shimshal transcripts are especially intriguing to us for several reason. We have had an ongoing research relationship with the community since 1988, so we know most of the interviewers and many of the people who were David Butz & Nancy Cook 35 Butz 2003). In this context, the Oral Testimony Project represented both a risk and an opportunity in relation to the governance of transnational knowledge. The paper unfolds in four main sections. We begin by briefly describing the PANOS Oral Testimony Program and its o 36 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Speaking Freely on HIV, Pushed to the Edge, Survival Strategies, and Living with Poverty (http://panos.org.uk/oral-testimonies/). In two publications that outline the organisations approach to oral testimony (Bennett 2003 David Butz & Nancy Cook 37 worked with a community-based volunteer organisation called the Shimshal Nature Trust (which was established in 1997 initially to contest Shimshali pastures inclusion in Khunjerab National Park; see Ali & Butz 2003) to organize a training workshop in which the terms of t 38 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 already knew us and several well-educated Shimhalis in that context. Shimshals partnership with PANOS grew out of that pre-existing network of connections and local pool of transcultural competence. Shimshal is not among David Butz & Nancy Cook 39 subsistence farmers and rose to positions of respect and influence, usually outside the community. These are community success stories, evidently intended to provide encouragement and a degree of moral instruction to community youth. Although descriptions and evaluations 40 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 among people who know each other well, but are pretending not to for the sake of the interview. Compared with our own casual conversations in Shimshal, in which individuals usually express themselves with considerable nua David Butz & Nancy Cook 41 Our point here is not that the testimonies are less rich and informative than they could be although that may be the case for methodological reasons but rather to suggest that interpreting them productively requires understanding them as autoethnographic, that is, as se 42 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 especially for readers unfamiliar with Shimshal and its knowledge governance environment. This perhaps limits the testimonies usefulness as an international resource for encouraging debate over development issues, but enh David Butz & Nancy Cook 43 rumour of small-scale financial irregularities. However, underlying these complaints is a larger context of anxiety over collective self-representation. Shimshalis are keen to produce representations that intervene strategically in the ways the community has been portray 44 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 of the value of a consistent and carefully-articulated collective self-representation, and deeply value the cultural virtues of respect for elders and community cohesiveness. As we experience (with some frustration) in th David Butz & Nancy Cook 45 partly from the communitys self-reflexive efforts to overcome the perceived deficiencies of the project. Overall, the Oral Testimony Project increased Shimshals sense of its status as a community experienced with research, and this gave people confidence that they could 46 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 We are not suggesting that these changes in Shimshalis perspectives on or involvement in research stem solely from the Oral Testimony Project. Many of them are part of larger processes of modernisation, of which the PAN David Butz & Nancy Cook 47 interventions, and necessary to the process of knowledge decolonization. But, as we have attempted to show through our discussion of the Shimshal Oral Testimony Project, generating such a testimonial record is far from uncomplicated for the individuals and communities in 48 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 types of data, has reduced the inclination of Shimshals knowledge gatekeepers to microgovern the interactions between researchers and community members. We have found that this results in a more intellectually productive David Butz & Nancy Cook 49 Butz, David. 1998. Orientalist representations of resource use in Shimshal, Pakistan, and their extra-discursive effects. In, I. Stellrecht (ed.) KarakorumHindukush Himalaya: Dynamics of Change, Part I. Köln: Rüdiger Köppe Verlag, pp. 357-386. Butz, David. 1996. Sustaini 50 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Spivak Gayatri C. 1999. A Critique of Postcolonial Reason: Toward a History of the Vanishing Present. Cambridge: Harvard University Press. Steinberg, Jonah. 2011. Ismaili Modern: Globalization and Identity in a Muslim Com Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018, pp. 51-82 Governance and Customary Laws of Hunza in Burushaski Folktales: An Emic Approach Abida Ali Abstract Folktales in Hunza, as in many cultures, are the repositories of the local culture, traditions, language and hist 52 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 folktales, but it is a picture which nevertheless maintains ties with the everyday lives of the people of Hunza today. Keywords: Hunza, Gilgit-Baltistan, folktales, governance and culture Introduction This is probably th Abida Ali 53 By tracing the socio-political representation of Hunzas governance and traditional laws as narrated in folktales, this article will contribute to scholarship in the fields of anthropology, sociology and history. Within a framework of self-ethnography that looks through the lens of the 54 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 is divided among five principal extended family clans: Diramting, Baratling, Brong, Khurukutz, and Beyricho. 7 I come from Hunza and my field-trip there was a part of my M.A dissertation research. This paper builds on tha Abida Ali 55 Oral Tradition and Analysis of Folklore This section will focus on the approaches used for the analysis of folklore in this paper. Also, it is appropriate to provide a background on folktale research in Hunza, to examine its scope and issues surrounding it. The ATU 10 classification s 56 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 South Asian languages like David Lorimer 19 and John Mock 20 respectively. Skyhawk 21 studied Kesars Nagyr version. Also, Tiffou 22 with the collaboration of Naseeruddin Hunzai 23 has collected and analysed 550 Burushaski Abida Ali 57 and governance from folktales. Rather, it is seeking to trace popular themes revolving around law and governance in folktales. This analysis contains the inside views of the respondents and of the researcher herself. Also, upon examining individual words and phatic phrases in these fo 58 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 The interviews served two purposes: the collection of folktales and data about the traces of customs and laws in these folktales. Most informants have lived in Hunza and observed its society since the time of their birth. Abida Ali 59 framework, my own observations are those of an insider. I grew up listening to these oral narratives but unfortunately at the time of my fieldwork I could only remember parts of some of them. Analysis demands that we learn from storytellers: The primary lesson from storytellers is tha 60 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 This story contains many central elements of Burusho culture, which address subthemes of hierarchical structure, societal norms and political conditions that elucidate customary laws and governance in Burusho society. Sub Abida Ali 61 of the Thum underlie his political power. The story of Turanas reflects the strong belief of the Burusho in the existence of supernatural powers and the role these play in their lives. Other instances also show that the ruling family was given a sacred status by its subjects in the pa 62 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 of Hunza. In the court of Tham, Wazir, 50 Trangfa 51, Charbu 52 and a representative from each tribe were assigned the task to collect maliya 53 and control forced labour. Varieties of taxes on marriage and divorce were i Abida Ali 63 Tiffou it is used for a person who is not good-looking, but full of qualities 61. The idiomatic phrase goskil matum manum 62 shows how black colour was disapproved of in Burusho society. Even uttering the word matum 63 was considered taboo and was only used as a swear word. For punish 64 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 This story, however, shows how a common subject struggled against the monarchs. An examination of the usage of phatic phrases and individual words gives more insights into the folktales and their recurrent themes. There i Abida Ali 65 The above interview signifies the value of the old wise men of times of yore. They would continuously provide informal training to successive generations. In this way, elders counselled and mentored the young ones through this oral tradition. Therefore, most people would pass the long 66 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 between two different ethnolinguistic groups (the Wakhi and Burusho) could be because of the unrestricted shared border of Wakhan with Misgar and Chupurson. Before the reign of Mir Jamal Khan 77 movement in and out of Hun Abida Ali 67 abilities and can turn impossible tasks into realities. The sons and daughters of the ruling family are among the most revered class in society, thus it is astonishing that a mere cockroach was able to forge a matrimonial relationship with a princess. This also shows that folktales ar 68 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 enchanted person too soon, 89 D100D199 - transformation: man to animal, 90 D300 D399 - transformation: animal to person, 91 B643 - marriage to person in insect form. 92 These shared motifs about animals treated like human Abida Ali 69 and status in the end) who is similar to Turanas (a black and ugly cockroach that turns into a prince). Pangchu and Turanas both possess magical qualities. Both stories share underlying cultural substrata including monarchy, belief in deities and supernatural elements, and the practic 70 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 In this fairy-tale, Shorti and Borti find and steal food from the phuts underground home. Searching and acquiring food items like butter, dried apricots, walnut kernels and meat shows the longing for and importance of cer Abida Ali 71 Social and economic conditions: There are some idiomatic phrases in Burushaski which mirror the social and economic conditions of the Burusho in Hunza. Some of the idiomatic phrases are present in folktales. For instance, the idiomatic expression phut-e doolat te/paatshey te het umana 72 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 According to the informants, the word phut is used in various forms in the Burushaski language: phutey maltash 109 (a kind of wild mushroom); phutey shuting 110 (a thorny plant which spreads on the land); phutey oq 111 (u Abida Ali 73 This indicates the strong belief of the people in supernatural elements in this region in the past. Phut is greatly used in folktales and idioms because in the past, Hunza was not a thinly populated area and in the absence of electricity or a lack of any other lighting source, the inh 74 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 AT 1, AT 9C, AT 31, AT 37, AT 47A, AT 50, AT 56, AT 60, AT 61, AT 62, AT65, AT 275. 124 In this story, the foxs offer of help was not a selfless gesture but one made out of greed for butter. Here again, an insight into an Abida Ali 75 Highway (KKH). As a consequence hunting has been restricted in most parts of Hunza. The same story is also found among both the Xhik and Kho communities. 127 This species 128 of wild goat 129 is usually found in high altitude mountainous region surrounding the Hunza Valley. Due to exc 76 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 its mother why the hunter is coming towards them. The ibex, in order to pacify her kid says that he is a shepherd, not a hunter, and that he is holding a rope in his hand, not a gun. The kid again asks why she has a blood Abida Ali 77 If this folktale is seen through the lens of symbolism, the hunter can be seen as impersonating the ruler of the time. The hunter is a tyrant and the mother-ibex a common person, who is trying to save her child and sacrifices herself for his freedom. It is classified as a tragedy whic 78 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 have also started to interact with other cultures and languages, and are embracing new lifestyles. Conclusion This research paper by closely examining three Burushaski folktales sheds light on some aspects of governance Abida Ali 79 keep these a secret. This refers to a possible revolt against the societal norms and changes when both ladies hide their discovery from their family. The third folktale uncovers themes of traditional law and governance concerns, wildlife and hunting in the mountainous region of Hunza. 80 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Chan, Tak-hung. Text and Talk: Classical Literary Tales in Traditional China and the Context of Casual Oral Storytelling. Asian Folklore Studies 56, no. 1 (1997): 33-63. Clark John. Hunza, lost kingdom of the Himalayas. [ Abida Ali 81 Lorimer, Emily. Language Hunting in the Karakoram. London: G. Allen & Unwin, 1939. Lorimer, David. An Oral Version of the Kesar Saga from Hunza. Folklore 42, no. 2 (1931): 105-140. Mock, John. Shimshal Nature Trust (SNT), John Mock & Kimberley ONeil, accessed on Jan 5, 2015, http://ww 82 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Tiffou, Étienne. Hunza Proverbs. Calgary, Alberta: University of Calgary Press. 1993. Uther H.-J. The types of international folktales. A classification and bibliography, based on the system of Antti Aarne and Stith Thomp Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018, pp. 83-106 Civil Society and Governance in Gojal (GilgitBaltistan) Fazal Amin Beg 1 and Zoran Lapov 2 Abstract Focusing on both soft and hard development, Aga Khan Rural Support Programme (AKRSP) reached Gilgit-Baltistan an 84 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Introduction: Concepts and Contexts The discourse on civil society is not a new issue for the contemporary social scientists and development practitioners: as a core of social theory, it has been debated in different ways Fazal Amin Beg and Zoran Lapov 85 voluntary energies, and their purpose is to improve the quality of community life. They are private institutions, devoted to the public good. [...] Civil Society includes a host of professional, labour, ethnic and religious groups and a broad array of non-governme 86 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Front succeeded in creating its own space and position within the Gilgit-Baltistan Legislative Assembly as it has been frequently winning the last two elections. Under the administration of Pakistan, the Region has underg Fazal Amin Beg and Zoran Lapov 87 played a vital role in the life of valley communities under the rule of principalities and acephalous states. 4 The community governance scheme, based on clans and tribes, is further completed by nang or nomũs, a self-help system in Wakhi. Practised in Gojal valle 88 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Khan (reign 1945-1974), as well as in the present-day Ghizer District. This initiative paved the way for other communities to benefit from educational institutions, and provided opportunity for the respective educational Fazal Amin Beg and Zoran Lapov 89 Gilgit-Baltistan. Apart from them, some international development agencies and organisations have become active in the Region, namely: AKDN, International Union for Conservation of Nature (IUCN, or World Conservation Union), World Wide Fund for Nature (WWF), and f 90 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 representing them. This is how village and womens organisations (VWOs), as semiformal organisations, were democratically formed. The VWO members were requested to keep their weekly meetings, discuss collective issues, cha Fazal Amin Beg and Zoran Lapov 91 the respective VWO, that would become umbrella organisation and have a supervision over the activities. That said, the day had to come when AKRSP would no longer offer its support leaving the sustainability of the Programme to the local bodies. In conclusion: seve 92 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 As for the district of Hunza, there are 10 LSOs: 1 in S hinaki (Lower Hunza), 5 in Central Hunza, and 4 in Gojal (Upper Hunza). Out of multi-sectoral issues of societal development that the engagement of an LSO revolves a Fazal Amin Beg and Zoran Lapov 93 In the following paragraphs, the importance of both social and societal transformation is shown through a case study on the Attabad disaster. Gojal Valley: Natural Resources, Economy, Society In order to better understand social changes occurred as a result of th 94 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Besides traditional agro-pastoral activities, a significant share of Gojal population is employed in a variety of organisations (public, private, NGOs), connected with local enterprises or involved with trade and business Fazal Amin Beg and Zoran Lapov 95 Disasters and Politics The Attabad disaster occurred on January 4, 2010: the rockfall abruptly took place in the narrow valley devastating the small village of Attabad situated between Gojal and Central Hunza, taking 19 human lives, and blocking the Hunza River co 96 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 established in 1997 (Ali, Butz 2003: 5, 7, 15) in order to protect the rights of centuriesold indigenous communities over the local ecosystem, the community-initiated and -based SNT opposed the idea to be part of either t Fazal Amin Beg and Zoran Lapov 97 Emergence of Gojal LSO Network (GOLSON) As soon as the Attabad disaster occurred, representatives of the three Gojal LSOs MASO, GRSO and CLSO got together in AKRSP office in Gilgit 14 to explore their common issues, namely: confronted challenges, needs assessmen 98 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 With the support of AKRSP in different realms, the newly born GOLSON experienced, on the one hand, the process of building linkages and partnerships around its goals with NGOs at regional and international levels; on the Fazal Amin Beg and Zoran Lapov 99 Success and Failure: a Matter of Governance While the legacy of the civil society based on VWOs goes back to more than 30 years ago, GOLSON is at present only six and a half years old: still, it has contributed since its inception to the respective civil society a 100 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Due to heavy reliance on external resources, human resources management is sometimes challenging, especially when donors or philanthropists draw back after a specified time period. In this respect, hiring GOLSON human re Fazal Amin Beg and Zoran Lapov 101 Conclusions Coexisting in Gilgit-Baltistan, indigenous entities including traditional socio-cultural and kinship structures were able to harvest ideas, social norms, values and patterns while bringing their customary laws into exercise. Along with the intervent 102 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 to represent the respective VWOs at a broader level. Now praised, now criticised, the LSOs though novices proved in a short span of time to be productive in bringing positive changes within the domain of local CSOs. Em Fazal Amin Beg and Zoran Lapov 103 References Aga Khan, 2016, Speech by His Highness the Aga Khan on Civil Society, Sharm el-Sheikh, Egypt, February 21, 2016 (http://www.akdn.org/speech/his-highness-aga-khan/africa2016-conference). AKRSP, 2013, Self-Assessment Exercise of LSOs in Gilgit, Baltistan 104 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Clayton Andrew, Oakley Peter, Taylor Jon, 2000, Civil Society Organizations and Service Provision, Civil Society and Social Movements, Paper N 2, UN Research Institute for Social Development. Connor Desmond M., 1999, Pub Fazal Amin Beg and Zoran Lapov 105 Mock J., 2008, Mountain Protected Areas in Northern Pakistan: The Case of the National Parks, in: Israr-ud-Din (ed.), Proceedings of the Third International Hindu Kush Cultural Conference, Oxford University Press, Karachi, pp. 30-39 (Available at: http://www. moc 106 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Walter Anna-Maria, 2014, Changing Gilgit-Baltistan: Perceptions of the recent history and the role of community activism, Ethnoscripts 16 (1): 31-49. Zain O. F., 2010, A Socio-Political Study of Gilgit Baltistan Province Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018, pp. 107-122 Inheritance rights and tribal governance of innermost Hunza (Gilgit-Baltistan) Mueezuddin Hakal Abstract The tribes in Altit, Baltit (Karimabad) and Ganish, the innermost Hunza in Northern Gilgit-Baltistan, see 108 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 scholarship of Gilgit Baltistan, 1 notions of law and governance remain understudied, and in particular the notions that links the concentration of land with tribal power as a form of governance. Currently, the sources o Mueezuddin Hakal 109 personal observations, during my participation in such cases, including that related to my own family, part of Galyukutz clan in tribe Hakalukutz of Altit. This study is based on oral tradition, reached to my generation through my grandfather and father includes the family his 110 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 or negative impacts on the people of Hunza and particularly on the female segment of society. Therefore, I started to explore this tradition beyond of my family tradition during 2009. I discussed this topic with differen Mueezuddin Hakal 111 meetings and confirming it from material evidences. The codification of custom and its analysis to understand its impact on ethnic geography are the key outcome of this study. Tribal governance The conflict between the tribal and imported systems of governance, as well as the 112 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 of the Burushaski rōm, which designates the groups within the larger ethnic group of Burushaski speakers in Hunza 2. Everywhere in Hunza, the tribes were governed through their elders ranked as Uyuṃ (now rather called Na Mueezuddin Hakal 113 (Schmid 2006, 320-328). They are known as Bericho, speakers of Beriski or Domaki, which has been defined as an Indo-European language, whilst Burushaski would be a non-Indo-European language (Barbour 1921, 64). The Maqso of Baltit stretching from Ultar Ṣang to Hyderabad Har is 114 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 The four tribes of Altit are known as Khanukutz, Hakalukutz, Husaingutz and Ṣuṣorōting. Each tribe has its own story of origin. Khanukutz claim to be the earliest occupants of Altit. The word Khanukutz literally means th Mueezuddin Hakal 115 1920s, and to the other villages in the Gilgit regionSat maqso, the land of seven divisions/provincesoutside the territory of the state of Hunza. In continuation to this, later several people from Hunza purchased the lands around at the outskirts of Gilgit city, on their priva 116 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 to establish his village by the people of Altit. These mixed villagers were called Ghareỵ; mean the mixture of people of different colors or blood, and their village was called Ghareỵat. His wise idea and decision was mo Mueezuddin Hakal 117 pressure for human rights and democracy. The major element of this transformation might come from the adoption of Muslim Personal Laws in Pakistan, extended to Hunza after 25 September 1974, after the incorporation of Hunza State into Pakistan. In order to protect the womens r 118 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 The fourth question, regarding legal approaches towards inheritance, let us understand that majority of the female respondents cannot differentiate the approaches of the customary, Islamic and human rights towards inheri Mueezuddin Hakal 119 claim their share of inheritance even in the presence of brothers it will undermine the loyalty of their brother to their protection and honour within the tribe. Furthermore, it is feared that the division of land will facilitate the mix of tribes not only within Hunza, but al 120 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Biebuyck, Daniel P. 1966. On the Concept of Tribe. Civilisations Vol. 16 , no. No. 4: 500-515. http://www.jstor.org/stable/41231451 Cheema, S. A. 2012. Shia and Sunni Laws of Inheritance: A Comparative Analysis. Pakistan Mueezuddin Hakal 121 Khan, Masud A. 1996. Catching a Passing Moment: The Redeployment of Tradition. Traditional Dwellings and Settlements Review 7, no. 2: 43-62. Khan, Masud A. 2006 Conceptual Planning in the Karakoram: The Built Heritage and Dynamics of Institutional Building. In Karakoram in Tra 122 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Schmid, A. 2006. The Land Scape of Mominabad: Meanings and Identities. In Karakoram in Transition, Edited by Hermann Kreutzmann, 320-328. New York: Oxford University Press. Singh, S. Thakur. 2010. Dhilla Gilgit ke Qabail Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018, pp. 123-160 Britain and Chinas 19th Century Stalemate over HunzaKanjut Julie Flowerday 1 Abstract The political modality of modern state is associated with a particular time and European colonial practices of territorial ac 124 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 pre-Partition struggle between Britain and China over a political entity situated in the high Karakoram Mountains, which Britain named Hunza and China termed Kanjut, and asks if that impasse affects the Kashmir Dispute? Julie Flowerday 125 absence of an international border at Hunza, which separated China from the disputed territory entrusted to Pakistan. What makes this historical case both pertinent and remarkable to the contemporary period, I argue, is the unrecognized embeddedness of China, now the PRC, in th 126 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 rule on them. 8 Accordingly, in this section I ask why Britain erased this episode from its colonial history and why the stalemate must now be addressed. Section I. Background Hunza-Kanjut It was the 1880s. Following a Julie Flowerday 127 In 1888 Col. Algernon Durand and (medical doctor) George Robertson went to Gilgit to investigate why the tributary States of Hunza and Nagar were threatening to break their alliance with Kashmir and while there observed serious weaknesses in the Maharajas military presence and 128 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 murder of his father by which he had cut away the branch upon which he was sitting and [second] the fight against the Government [Britain]. 19 On both counts, Jangdarin said the Tham acted against Chinese advice and inte Julie Flowerday 129 That is, the Maharaja did not so much as confer his presumed power as he deferred his authority to the Governor-General of India in Council. According to the Parliamentary Interpretation Act of 1889, India enshrined the statutory employment of British Indias supreme suzerainty, 130 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 that] I should let the Political Agent [PA] in Gilgit see the letter that accompanied the gold before it was dispatched. 28 In 1894, the year that China resumed its tribute relationship with Hunza, Lieutenant Gurdon ackn Julie Flowerday 131 Where Three Empires Meet, which characterized China as an imperial power but largely inconsequential. 34 At Partition and unknown to the postcolonial public there was no completed Imperial Roadcause célèbre of the campaignand no international border with China. 35 More critical 132 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 on the Gilgit Agency, for example, are rare owing to practices of Lord Ripons kharaita, which directed government personnel not to commit to writing what could be said and when possible to reference existing documents. 3 Julie Flowerday 133 as a Chinese province. 44 Then, again, was the reason why Britain underreported its stalemate with China because it was preoccupied with Russias expansion towards India? Documents in the public domain of the colonial period support this position. 45 The material left to be anal 134 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 which Durand described as feudatories of the Suzerain Power [Britain]. 51 It was a totalizing view, a language of symbolic power that embellished British Indian polities by titles, salutes, obligations, and laws and that Julie Flowerday 135 Hindu Kush was held by Her Majestys Government to be within the sphere of their influence. 57 Once, however, Britain recognized the strategic importance of Raskam and the Taghdumbash Pamir to Hunza, the government shifted its tactic. In 1899 Britains Minister at Peking (Beijing 136 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 to the Mir for having conquered their enemies, and the Chinese messengers were sent back with a small present of gold. 59 Hence, in 1760 Tham Khisrau Khan inaugurated Hunzas submission to China; thereafter, a yearly trib Julie Flowerday 137 Lorimer sent a telegram to the Foreign Secretary, Foreign and Political Department, stating that Failing compliance friction is likely to arise. Hunza has for long been subject to China to whom she pays annual tribute [stop] Mir thinks it desirable to answer and I think that he 138 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 strategic. Raskam and Taghdumbash Pamir provided direct access to Hunza, which led to Gilgita key hub to south Asia. 66 The issue persisted throughout the colonial period. Closure of Gilgit Agency to the Maharaja of Kash Julie Flowerday 139 Missing from colonial files was a broader conceptual treatment of Chinas Hunza tribute. Based on the confidential papers that I saw, tribute was typically a transaction of gold, goods, and letters exchanged between the Mir, the Taotai, and some lesser Chinese officials. The PA 140 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 had brought fifteen bags of gold, a plate was brought to me and the gold was placed upon this and covered with a silk handkerchief. When I reached about twenty paces from the Durbar all those present rose to their feet m Julie Flowerday 141 Tribute Millward notes that gong, the Chinese term for diplomatic presents, is usually translated as tribute, but it would be better to simply call them gifts since tribute implies a subservient and extractive relationship that did not exist [73]. 75 By all accounts tribute go 142 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 implicated in these events, but it was not until some years later that Qing authorities mentioned them specifically. Kanjut appears twice in Newbys translations. In the first case, dated to the mid 1830s, Khoqandi troops Julie Flowerday 143 Kachute (喀楚特) in Hu Weizhongs Unification map should be Kanjuti (坎 巨), but Kachute (喀楚特) on the unification map is Ganzhute (乾竺特) on the waterway map. In addition to these three different variations of Kanjut, Qing sources connected claims to Kanjut with territorial claims dati 144 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 and bases from which to send out patrols into neighbouring regions. They did not, however, mark a defined territorial border. 92 She continues by saying that karun came closest to a physical representation of a border bu Julie Flowerday 145 when Tham Safdar Ali went inside he was seeking protection of the Khaqhan [Chinese Emperor]. Based on Hunzas tribute relation with China, this was his right. Looking again at why Britain underreported its stalemate with China, the matter merges with prestige. Russia was a risin 146 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 a political community, occupying a territory in India of defined boundaries, and subject to a common and responsible ruler who has actually enjoyed and exercised, as belonging to him in his own right duly recognised by t Julie Flowerday 147 In 1941 an internal decision binding for administrative purposes summarized the results of a previous discussion for two exemplar principalities in question: Hunza and Nagir:- Though these are under the suzerainty of the Kashmir State, they are not part of Kashmir but separate 148 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 With a view to renewing our old friendship with the Chinese Government and for the purpose of sending presents, I am sending Mr. Ali Jauhar to Kashgar. I hope that you will kindly extend to him any help he requires. And Julie Flowerday 149 official British personnel. By post-Partition time, when ordinary though privileged travellers entered Hunza, a very different society existed. Mir Nazim had died an autocrat and Knight Commander of the Indian Empire (KCIE) and his wazir and leaders of the confederated tribes h 150 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Yet for all its ideological and bureaucratic advantages, Britain did not emerge victorious. Instead, the United Nations Security Council, whose members included the United Kingdom, the United States of America, and Natio Julie Flowerday 151 late Mirzaida Shah Khan (son of Mir Nazim); Sherbaz Ali Bircha (retired Librarian of the Municipal Public Library, Gilgit); Ejaz Ullah Baig (Director of the Research Center, Karimabad, Hunza); Retired Pakistan Army Brigadier Hisamullah Beg (dedicated blogger); and valuable comm 152 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Benton, Lauren. From International Law to Imperial Constitutions: The Problem of Quasi-Sovereignty, 1870-1890. Law and History Review 26, No. 3, Law, War, and History (Fall, 2008): 595-619. Bircha, Sherbaz Ali. Khud Nawi Julie Flowerday 153 Curwen, C. A. Review. John King Fairbank, ed.: The Chinese World Order: Traditional Chinas Foreign Relations. Bulletin of the School of Oriental and African Studies. University of London 33, No. 3 (1970): 660-662. Curzon, G.N., The Pamirs and the Source of the Oxus: Part II (co 154 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Flowerday, Julie. Identity Matters: Hunza and the Hidden Text of Britain and China. South Asian History and Culture, 10:1, 46-63, DOI: 10.1080/19472498.2019.1576299. To link to this article: https://doi.org/10.1080/19472 Julie Flowerday 155 Hussain, Shafqat. Remoteness and Modernity: Transformation and Continuity in Northern Pakistan. New Haven: Yale University Press, 2015. Huttenback, Robert A. The Great Game in the Pamirs and the Hindu-Kush: The British Conquest of Hunza and Nagar. Modern Asian Studies 9, No. 1 156 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Kreutzmann, Hermann, Kashmir and the Northern Areas of Pakistan: BoundaryMaking along Contested Frontiers. Erdkunde, Bd. 62, H. 3 (July-September 2008): 201-219. Kreutzmann, Hermann. Globalization, Spatial Integration, a Julie Flowerday 157 Lin, Hsiao-ting. Tribal Diplomacy and Frontier Territoriality in Modern China: Hunza and Nationalist China, 1947-1948, Journal of Modern Chinese History 3, No. 1 (2009a): 27-43. Lin, Hsiao-ting. The Tributary System in Chinas Historical Imagination; China and Hunza, ca. 1760-19 158 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 version appears in: Müller-Stellrecht, Irmtraud. Hunza: Materialien zur Ethnographie von Dardistan (Pakistan). Aus den nachgelassenen Aufzeichnungen von D.L.R. Lorimer Teil I. Graz, Austria: Akademische Druck-u Verlagsan Julie Flowerday 159 Puri, Luv. Pakistans Northern Areas: Time for a Reality Check. Economic and Political Weekly 44, No. 39 (September 26-October 2, 2009): 13-15. Reynolds, Susan. Fiefs and Vassals: the Medieval Evidence Reinterpreted. Oxford: Oxford University Press, 1994. Richter, William L. and 160 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Straub, David. The Ismailis and Kirghiz of the Upper Amu Darya and Pamirs in Afghanistan: A Micro-History of Delineating International Borders. Indiana University, April 2013. Masters thesis, UMI No. 1537231; accessed Ap Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018, pp. 161-162 Call for Papers for special anniversary issue 2019 SPECIAL ISSUE OF NAVEIÑ REET: NORDIC JOURNAL OF LAW AND SOCIAL RESEARCH: Chinese Transitional Culture: Legal and Social Perspectives Edited by, Hanne Petersen, L 162 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 Periods of transition are also often periods of paradoxes and conflict, giving rise to confusion and insecurity, as is to a great degree the case in present Western societies. We invite contributors to consider how Chine Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018, pp. 163-164 Call for papers for special issue 2019 SPECIAL ISSUE OF NAVEIÑ REET: NORDIC JOURNAL OF LAW AND SOCIAL RESEARCH: Islam in the Nordic Countries Consensus Areas and Practical Solutions Edited by Mikele Schultz-Knud 164 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018 The conference has inspired this special issue of Naveiñ Reet. We are looking for papers that similarly explore bridge-building attempts, consensus areas and practical solutions between Islam and the Nordic countries in Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.8 2018, pp. 165-166 Information for Contributors Contributions must be complete in all respects including footnotes, citations and list of references. Articles should also be accompanied by an abstract of 100-150 words and a brief b