What is the issue between Pakistan and Balochistan? What are the legal aspects?

The News:

On Tuesday, March 11, insurgents from the Balochistan Liberation Army (BLA) captured passengers after stopping a long-distance train in a rough, rocky region south of Quetta. The BLA claimed in a statement that they were holding 182 hostages, had shot down a military drone, and had killed 20 members of the Pakistani Army. According to the BLA, the hostages included active-duty members of the Anti-Terrorism Force, the Pak Army, and the Inter-Services Intelligence. Security forces claimed that approximately one hundred passengers had been rescued and 16 extremists had been slain as of early Wednesday.

What is the Jaffar Express and what happened?

In the Bolan area of Kachhi district, between Pehro Kunri and Gadalar, the nine-coach Jaffar Express, which was traveling from Quetta to Peshawar, was targeted, according to a Balochistan government spokeswoman.  In Tunnel No. 8, armed men stopped a train carrying about 500 passengers, according to Muhammad Kashif, Controller of Railways.  More than 20 years ago, the train, named for Mir Jaffar Khan Jamali, a Baloch tribal chief of staff who was close to Muhammad Ali Jinnah, the father of Pakistan, started service between Rawalpindi and the provincial capital of Balochistan.

The train was extended to Peshawar In Khyber Pakhtunkhwa in 2017, covering a distance of over 1,600 kilometers and stopping at various significant cities in Pakistan. The raging Baloch militancy has often affected the train’s operations. Following a series of BLA bombings that destroyed vital infrastructure, including a railway bridge on the train’s route, services were suspended from August 26 to October 10 of last year. An explosion at the Quetta train station in early November claimed the lives of sixty-two individuals. Due to security concerns, the train’s services were once more suspended the following month.

What is behind the baloch insurgency ?

With a population of about 15 million, Baluchistan is the largest province in Pakistan in terms of area but the smallest in terms of population. It is home to the country’s ethnic Baloch minority, whose members claim they are subjected to discrimination and exploitation by the central government. Separatist militant groups have been waging a long-running insurgency in Balochistan, carrying out attacks against the government, army, and Chinese interests, demanding a larger share of the province’s mineral and gas resources. The BLA is the largest of these groups, and it wants independence for Balochistan.

Allegations of enforced disappearances and extrajudicial killings of activists, intellectuals, and regular residents are also made against Pakistan’s federal government, which has attempted to stop the violence.  The main rebel group is the BLA, which the US and Pakistan both consider to be a terrorist organization.  It wants to create an independent state that includes portions of Afghanistan, Iran, and Pakistan and is against the current Pakistani government.

After the Pakistani Taliban broke a ceasefire with the government in November 2022 and ordered its fighters to resume their attacks on the military, the BLA gained confidence and began targeting security forces in Balochistan and occasionally in Karachi, Pakistan’s largest city and economic hub in the neighbouring Sindh province. In 2024, armed activities in Balochistan sharply increased as “pro-independence” groups, including the BLA, stepped up their operations against the Pakistani state.

Over 70 individuals were killed in a series of armed attacks by the BLA last September, with Punjabi workers accounting for nearly half of the deaths. The Baloch people are angry at the inflow of Punjabis, who they believe have profited from the economic opportunities that have arisen in Balochistan at the expense of the natives.
A recent statement from the Baloch Raji Aajoi Sangar (BRAS), a coalition of armed separatist groups, announced a major restructuring of its military and diplomatic strategy. BRAS, which comprises the Baloch Liberation Army (BLA), Balochistan Liberation Front (BLF), Baloch Republican Guards (BRG), and Sindhudesh Revolutionary Army (SRA), will soon take the form of a “Baloch National Army”, establishing new committees and departments to bring the “leadership and activists of various organizations under a unified military structure,” according to the statement cited by The Balochistan Post.

The move comes amid a surge in militant attacks in the south-western province, with the “pro-independence” outfits intensifying operations against Pakistani security forces, government installations, and Chinese-backed projects.

According to a report released a few months ago by the Pakistan Institute for Peace Studies, the government had to revise its policy since the BLA’s operational plan and capabilities had undergone a “significant evolution,” which was reflected in the increase in the frequency and intensity of attacks.  Safdar Sial, an institute research analyst, told AP that the BLA was taking cues from the Pakistani Taliban’s strategies.  He claimed that although the two outlawed groups had no shared ideology, the BLA was effective in using suicide bombers and striking soft targets to cause a large number of casualties.“ This BLA is different from what it was four or five years ago,” he stated. They are carrying out strategic attacks.  The goals are now different.  The strategies have evolved.  The administration will find it challenging to address the emerging threat.”

The China angle

A key Chinese project is the main cause of Pakistan’s concerns about increased activities by Baloch extremists. Balochistan is traversed by the multibillion-dollar China-Pakistan Economic Corridor (CPEC), a component of China’s grandiose Belt and Road Initiative (BRI), which aims to establish an infrastructural network throughout the world.  The CPEC’s primary entry point, the strategically significant Gwadar Port, is located in the province.
In the province’s southern coastal town of Gwadar, China has constructed a port, an international airport, and mining projects.  The province and the Pakistani government possess the remaining 50% of the Reko Diq mine in the Chagai area, which is 50% owned by Canadian miner Barrick Gold.  According to Barrick, the mine is among the biggest undeveloped copper and gold prospects in the world.  Baloch separatist organizations have been attacking CPEC and Chinese employees more frequently in recent years, claiming that China is trying to colonize the area.

The Pakistan Planning Commission reports that China has invested almost $65 billion in Pakistan through the China-Pakistan Economic Corridor (CPEC).  However, local opposition has intensified, particularly in Balochistan, where indigenous people claim the government is denying them the advantages of these investments.  In the 2022 Human Rights Watch report, the Baloch people expressed their worries with forced relocation and inadequate restitution.  These complaints are made worse by frequent accusations of corruption.  Chinese-backed projects have also come under fire for exorbitant prices and dubious agreements with local authorities.

A proposal sent to Islamabad by Beijing mentions a clause allowing the dispatching of security agencies and military forces into each other’s territory to assist in counterterrorism missions and conduct joint strikes. The Pakistani Taliban, which primarily operates in the northwest province of Khyber Pakhtunkhwa (KP), has reportedly been pushing Pakistan to start formal negotiations for a joint security management system after at least 21 Chinese workers have been killed since CPEC projects began ten years ago. The Pakistani Taliban also frequently target Chinese workers involved in infrastructure projects. Li was the first Chinese premier to visit Pakistan in more than a decade.

China has fully funded the $240 million New Gwadar International Airport, which is empty of flights and passengers.  Although it was finished in October 2024, the international airport’s opening was postponed due to security concerns.  Because of their close proximity to the airport, there were concerns that the mountains in the vicinity might serve as the perfect starting point for an attack.  Rather, a virtual event was hosted by Chinese Prime Minister Li Qiang and Pakistani Prime Minister Shehbaz Sharif.  The public and media were not allowed to attend the first flight.

Legal Aspects:

The act of hijacking a train by armed militants is considered an act of terrorism under Pakistan’s Anti-Terrorism Act, 1997. This law criminalizes any act that creates fear, endangers public safety, or disrupts transportation systems. Similarly Railways Act,1890 of pakistan criminalises obstruction, damage, or hijacking of railway property. Hostage-Taking Convention (1979) says that If passengers or crew members were taken hostage, Pakistan is bound under this UN treaty to criminalize and prosecute the offenders. International Humanitarian Law (IHL) says If the hijacking occurs as part of an armed conflict (e.g., Baloch insurgency), it may be governed by Common Article 3 of the Geneva Conventions, which protects civilians and prohibits hostage-taking. Further Section 121 of Pakistan Penal Code states Waging or attempting to wage war against Pakistan is  Punishable by death or life imprisonment.

Conclusion:

In conclusion, the recent Baloch rebel capture of a Pakistani train highlights the continuous instability in Balochistan and the long-standing frustrations that are stoking the conflict.  The event serves as a reminder of Pakistan’s ongoing security concerns in the region, where armed groups are still demanding more autonomy and control over resources.  The Baloch people’s socio-political and economic issues must be addressed for a lasting solution, even though the government has responded with military operations and counterinsurgency measures.  The cycle of violence is likely to continue without significant communication and development initiatives, presenting a constant risk to national security and regional stability.