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Fata needs a new social contract

ONE of the most significant events in the history of Fata and the lives of its people

was the creation of Pakistan in 1947.

After a long period of isolation and suffering during the British period, their dream of a

Muslim state, in which they would be free and equal citizens, was being realised.

The tribes welcomed the new state of Pakistan with one voice and, without any

hesitation, signed agreements to be a part of it as its loyal citizens.

There was hope that with the establishment of Pakistan a new era of progress and change

would begin for the tribal people. The tribes were optimistic that their own government,

run by their own people, would, in due course, correct and improve the old system of

governance while framing a new constitution for Pakistan.

Their optimism was reinforced by the Quaid`s announcement of his decision to pull out

all military forces from the tribal areas and to allow the people complete freedom of

movement.

The tribesmen soon reciprocated the trust and confidence reposed in them whenthousands of them fought voluntarily for the liberation of Kashmir in Pakistan`s first war.

The successive constitutions of 1956, 1962 and 1973 of Pakistan, however, retained the

colonial-era administrative and legal system enacted in 1872 and embodied in the

Frontier Crimes Regulation(FCR) 1901. This system is inherently oppressive, negative in

purpose and authoritarian in spirit.

It gave virtually unlimited judicial and administrative powers to the political agents to

fine, blockade, detain and seize hostile groups and confiscate or demolish property in the

tribal areas.

Fata MNAs did not voice the true feelings of the people as, being themselves no more

than glorified maliks, their own interests coincided with the continuation of the system.

The larger, dominant state system bears the responsibility for continuing with the

outdated parallel legal system for over six decades after Independence.

Lack of effective representation and participation of the tribal population in the decision-making process was always a sore point. At present, they are represented by 12 members

in the National Assembly and eight in the Senate but these legislative bodies cannot make

any laws for Fata being the absolute domain of the president.

Fata has no representation at a provincial level and no elections are held at the local level.

With devolution of powers to the provinces through the 18th Amendment, representation

at a provincial level has become critically important.

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Neglected for decades, Fata is one of Pakistan`s poorest regions, with reportedly over 60

per cent of the population living below the poverty line.

Huge unemployment, alarmingly low literacy rates, poorhealth services and a badlyunderdeveloped infrastructure has set Fata apart from the rest of Pakistan. The dismal

human development indicators are a clear sign that the state has failed to perform its rolein Fata.

Unlike previously, the tribesmen, after some reluctance, welcomed all developmentinitiatives of the government after Independence.

Society was well on its way to progress when it saw its `natural` course of change and

development rudely interrupted with the coming of thousands of foreign Mujahideen and

recruitment of locals by the US and Pakistan in the 1980s to fight what was then theSoviet Union. The story of how the world abandoned the Mujahideen and Afghanistan,

following the end of the Cold War is well known. But what is, perhaps, not known is that

Fata too was abandoned, leaving it with a jihadi mindset, an abundance of cheap modernweapons and easy entry and exit of foreign Mujahideen.

The weaponisation of society and the presence of foreign extremist elements has dealt a

serious blow to the tribal system. This in large part is responsible for the current

imbroglio.

Some people erroneously think that Fata, being a tribal society, is static and lacks anyinternal dynamic of change.

An objective view of change in Fata is sufficient to convince one that it is impacted just

as much by events as other parts of the country.

The tribal society, consid-ered classless and egalitarian, has transformed considerablyinto a class-based society.

Four distinct classes comprising the big maliks, the new rich, the educated and

professionals and the common masses can be identified in tribal society. Their overall

aspiration and social behaviour towards change and reforms are often characterised bythe class to which they belong.

Though appreciably impacted by modern changes, Fata`s special status was retained

under Articles 246247 of the 1973 constitution.

No serious effort was ever made by the government to change the FCR, reduce poverty

and give effective political representation, basic human rights and a mechanism to redressgrievances to this marginalised region of Pakistan.

By failing to fulfil its obligations, the state appears to have abandoned Fata to its fate.

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Fata has suffered heavily for being consigned to the backwaters, ignored and exploited

for jihadi activities.

The resulting militancy has considerably weakened the tribal structure as well as the oldsystem of governance that cannot be revived.

A paradigm shift is required in approaching governance and socio-economic issues in

Fata. It will not be easy but the path to peace and lasting solution lies in ending the

isolation of Fata and integrating the region into the mainstream through a new socialcontract.

The writer is a retired army officer from Fata.