- Under the 18th constitutional amendment 2010, legislation on mining other then the matters discussed in article 70(4) is provincial subject. The GB-ESGRO which was introduced in 2009, before the 18th constitutional amendment refers the subject matter to GB Council’s legislative list. The subject matter requires further understanding and elaboration in the context of the 18th constitutional amendment before finalizing the GB Mining Concession Rules 2014.
- The draft GB Mining Concession Rules 2014 is prepared by the concerned government department yet to be discussed in GB Council formal session for legislation purposes. Before discussions in the GB Council the draft rules should go through a multi-stakeholders consultation process to collect feedback and suggestions from the concerned stakeholders including the owner communities.
- It revealed that the draft GB Mining Concession Rules 2014 is more influenced from the Mining Concession Rules of Khyber Pakhtunkhwa and FATA, and extraordinary accommodative for corporate sector investment but is less reflective of customary laws and ownership rights of the communities. The mining concession rules should need to be reviewed and redrafted in accordance with the prevailing customary laws and ownership rights of tribes and communities of Gilgit-Baltistan.
- About 47% of the total land area in GB has been notified under various categories of protected areas by the government which is not accredited and no standards for environmental protections and biodiversity conservation are elaborated in the GB Mining Concession Rules 2014. It is recommended to develop environmental and biodiversity conservation standards for mining activities, creating restricted, partially restricted and relaxed mining zones in and around the protected areas, adopting a land use planning system and enumerating references to existing laws e.g. Environmental Protection Acts of Pakistan, Wildlife Act of Pakistan, Forest and Parks Acts/Rules, or other related laws in the Mining Concession Rules.
- International treaties, conventions and obligations on environment, mining, human rights and indigenous people should be reviewed, discussed and refined at the policy level making them relevant and applicable in the context of GB.