FATA Reforms News Summary June-October 2014

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FATA Reforms News Summary June-October 2014

.................................................................................................................................................. 1 FATA REFORMSMajor parties approve recommendations for FATA reforms ............................................................................ 1 FATA Governance Reforms: CGPA Policy Brief .................................................................................................. 1 Pakistan Constitution Amendment Act 2014 for Tribal Areas ........................................................................... 2 FATA system in focus after Senate bill tabled ................................................................................................... 3 Resolution submitted in National Assembly to make laws for FATA ................................................................ 4 JUI-F leader advocates amendments to Constitution for FATA ........................................................................ 5 Abolish FCR Movement launched on Facebook ................................................................................................ 6 Reforms Commission scrutinizes work of all FATA offices ................................................................................ 7 Commission considers effectiveness of FCR and FATA justice system .............................................................. 8 Amending not abolishing FCR considered by Commission ................................................................................ 8 Why tribal area reforms are not moving forward (audio) ................................................................................. 8 Govt asked to amend laws in FATA, rehabilitate IDPs ..................................................................................... 10 Reforms Commission examines representative council for FATA ................................................................... 10 FCR black law continues to evade Pakistan legislators attention (Waseem Ahmad Shah) ............................. 11 JI seeks constitutional rights for FATA ............................................................................................................. 12 FCR and the future of FATA (Abdul Majeed Dawar) ........................................................................................ 13 Asfandyar supports democracy and FATA reform ........................................................................................... 14 FATA lawyers urge parties to amend Article 247 ............................................................................................ 15 Pakistan lawmakers push sweeping tribal area reforms ................................................................................. 15 Bajaur leaders call for fundamental rights in FATA ......................................................................................... 17 Regulating the fanatical northwest (Iftikhar Firdous) ..................................................................................... 17 Another attempt at FATA reform (Dawn) ........................................................................................................ 18 Hum Bhi Pakistan FATA television talk show (video)....................................................................................... 19 Hum Bhi Pakistan fata talk show topics ........................................................................................................... 20 The Nation publishes E-Poll on abolishing FCR ................................................................................................ 22 Frontier Crimes Regulation restricts citizen rights (Aamir Usman Burki) ........................................................ 22 Experts and citizens for abolishing FCR in FATA .............................................................................................. 23 Military action spurs debate on FATA status ................................................................................................... 25 War on the border and FATA reforms ignored ................................................................................................ 26 KP and FATA lawmakers join to fight for rights ............................................................................................... 26

..................................................................................................................................... 27 LOCAL GOVERNMENTFATA local bodies needed for development .................................................................................................... 27

...................................................................................................................................... 28 COURTS AND JUSTICEFATA lawyers blast govt for challenging High Court verdict ............................................................................ 28 Peshawar High Court FATA Judgment Analysis ............................................................................................... 28 Court seeks reply from FATA Secretariat on closure of radio stations ............................................................ 29

.................................................................................................................................. 30 FATA ADMINISTRATIONFATA additional chief secretary replaced ........................................................................................................ 30 FATA agencies get new political agents ........................................................................................................... 30 ECP and govt fail to hold polls in Kurram after one year ................................................................................. 30 Accountability of FATA political agents a pipe dream (Zulfiqar Ali) ................................................................ 31 Counting FATA (Rahimullah Yousufzai) ............................................................................................................ 32 How to register FATA complaint with federal ombudsman ............................................................................ 34 FATA political agents misinforming Army ........................................................................................................ 35

......................................................................................................................................................... 35 FATA IDPsIDPs jirga threatens protest in Islamabad ........................................................................................................ 36 Geo Jirga program focuses on FATA IDPs (video) ............................................................................................ 36 FATA committee urges equal rights for IDPs ................................................................................................... 36

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FATA REFORMS Major parties approve recommendations for FATA reforms JUNE 12, 2014

ISLAMABAD: Representatives of all the major political parties on Wednesday unanimously approved recommendations for reforms in the Federally Administered Tribal Areas (FATA) with the aim to bring the deprived tribal people of the volatile regions at par with the rest of Pakistanis. A joint committee of ten political parties on FATA reforms – the ruling PML-N, PTI, PPP, JUI-F, JI, ANP, QWP, MQM, PML and National Party – acknowledged that the people of tribal regions deserve the same rights, freedom, protection and economic opportunities which are available to people of settled districts. They said that the political, economic, social and administrative reforms in the tribal areas are necessary to ensure sustainable peace and development in FATA. Following discussions with stakeholders from all the tribal agencies, the committee endorsed 11 recommendations. While emphasising on establishment of peace in the militancy-prone areas, the committee proposed that Article 247 of the constitution should be amended to guarantee fundamental rights of all tribal citizens and shift the legislative powers from the president to parliament. The committee, however, did not give solutions for establishment of peace in tribal regions used by several proscribed militant groups as a launch-pad for attacks on important government installations and innocent civilians across the country. The joint committee demanded that local bodies elections should be held in FATA and a comprehensive package should be developed for tribal areas besides infrastructure development initiative, with special focus on health, education and employment. The

committee’s members demanded that the future status of FATA should be decided by its people irrespective of whether they wish to maintain their semi-autonomous position or form a separate province or merge in Khyber Pakhtunkhwa. Since media has no access to the tribal belt, the committee recommended that the Pakistan Electronic Media Regulatory Authority’s (PEMRA) jurisdiction should be extended, and media should be extended and provided greater access to FATA to provide the tribal citizens with opportunities for media interaction and participation. Source: http://paktribune.com/news/Major-political-parties-approve-recommendations-for-FATA-reforms-269654.html

FATA Governance Reforms: CGPA Policy Brief OCTOBER 11, 2014 A Center for Governance & Public Accountability (CGPA) policy brief for Pakistan lawmakers to inform debate on legal and political reform for the Federally Administered Tribal Areas (FATA). FATA Governance Reforms: Issues and Way Forward is a timely report as the Senate considers a constitution amendment bill and MNA discussions are underway. PDF Link: http://bit.ly/cgpafata Link: http://www.slideshare.net/fatanews/cgpa-fata-reforms-policy-brief-2014-october FATA Governance Reforms: Issues and Way Forward October 2014 Policy Brief Executive Summary Under Article 1 of constitution of Pakistan, Federally Administered Tribal Areas (FATA) is an integral part of Pakistan. However, Article 247 of constitution gives special status to FATA. Under Article 247, the laws enacted by the parliament are not applicable to FATA. Rather the President of Pakistan is vested with such powers to extend laws to FATA. Similarly, under Article 247, Supreme Court of Pakistan and High Courts have no jurisdiction whatsoever in FATA. Article 247 of constitution of Pakistan directly violates many fundamental rights. These fundamental rights are not only enshrined in the constitution for all citizens of Pakistan, including FATA, but are also guaranteed in international agreements and treaties which Pakistan has ratified. These international agreements and treaties include the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Social Economic and Cultural Rights (ICSECR), and the Convention Against

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Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). For ensuring protection of fundamental rights of FATA inhabitants, lasting peace and stability in FATA, Article 247 shall be amended. Key Policy Recommendations are:

Constitutionally, FATA is an integral part of Pakistan and any law repugnant to the constitution should be repealed. The people of FATA are as much citizens of Pakistan as people of any other part of the country. The constitution must treat all the people equally.

The legislative and administrative powers of the President of Pakistan under Article 247 (3) of the constitution regarding FATA should be transferred to parliament. FATA is represented by elected members in parliament and the people of FATA deserve to be duly represented. The decisions made and laws enacted in parliament should automatically be applicable to FATA.

Article 247 (7) of the Constitution should be removed from the constitution to extend jurisdiction of the superior judiciary to FATA. Denial of superior courts’ jurisdiction in FATA is a denial of fundamental rights available to the Pakistani citizens there. The denial of rights is blatant discrimination and should be removed from the constitution.

See additional recommendations at link: http://fatareforms.org/2014/10/11/fata-governance-reforms-cgpa-policy-brief/

Pakistan Constitution Amendment Act 2014 for Tribal Areas SEPTEMBER 4, 2014 On August 11, 2014, Senator Farhatullah Babar of the Pakistan People’s Party (PPP) presented a bill on the Senate floor to extend the jurisdiction of the High Court and Supreme Court to Pakistan’s Federally Administered Tribal Areas (FATA). The complete text of the Senate bill is quoted below. Download the bill: http://slideshare.net/fatanews/ppp-fata-senate-bill-2014-0811 [AS INTRODUCED IN THE SENATE OF PAKISTAN] A BILL further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing; It is hereby enacted as follows:- 1. Short title and commencements.- (1) This Act may be called the Constitution (Amendment) Act, 2014. (2) It shall come into force at once. 2. Amendment of Article 247 of the Constitution.- In the Constitution of the Islamic Republic of Pakistan, in Article 247, clause (7) shall be omitted. STATEMENT OF OBJECTS AND REASONS Under paragraph (c) of clause (2) of Article 1 of the Constitution the Federally Administered Tribal Areas also constitute the territory of Pakistan. The people of Tribal Areas are therefore entitled to the same protection of fundamental rights as are guaranteed under the Constitution to the people of other parts of the country. By ousting the jurisdiction of the Supreme Court and a High Court, Article 247 (7) acts as a grave impediment in the way of the tribal people in securing their fundamental rights and thereby in their integration and mainstreaming. Strident voices have been raised from time to time by the people of Tribal Areas and the stake holders calling for extending jurisdiction of Supreme Court and High Court to FATA. The Provincial Assembly of Khyber Pakhtunkhwa through a unanimous Resolution No.711 passed on May 7, 2012 urged the President and the Federal Government to adopt measures to ensure that the people of FATA also fully enjoyed the protection of and equality before the law as inalienable right of every citizen. The Resolution called for deleting clause (7) of Article 247 of the Constitution so as to extend the jurisdiction of the Supreme Court and High Court to the Tribal Areas. Peshawar High Court in its judgment dated April 4, 2014 in case No.1741 of 2012 also advised the Parliament through Federal Government to make suitable amendments in Article 247(7) of the Constitution to enable the people of FATA to invoke jurisdiction of the Peshawar High Court or the Supreme Court in case of infringement of their fundamental rights. Tribal people and lawyers bodies including the Supreme Court Bar Association have also been raising voices in support of deleting clause (7) of Article 247 of the Constitution; the latter having adopted a Resolution on August 22, 2010 calling for extending

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jurisdiction of the Supreme Court and High Court to Tribal Areas. The Constitutional Amendment Bill seeks to give same protection of fundamental rights and equality before law as is guaranteed to the people of other parts of the country under the Constitution. SENATOR FARHATULLAH BABAR Member-in-charge ORIGINAL ARTICLE OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973, WHICH THE CONSTITUTION (AMENDMENT) BILL, 2014, SEEKS TO AMEND [MOVED BY SENATOR FARHATULLAH BABAR] 247. Administration of Tribal Areas.- (1) Subject to the Constitution, the executive authority of the Federation shall extend to the Federally Administered Tribal Areas, and the executive authority of a Province shall extend to the Provincially Administered Tribal Areas therein. (2) The President may, from time to time, give such directions to the Governor of a Province relating to the whole or any part of a Tribal Area within the Province as he may deem necessary, and the Governor shall, in the exercise of his functions under this Article, comply with such directions. (3) No Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof, unless the President so directs, and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area, or to any part thereof, unless the Governor of the Province in which the Tribal Area is situated, with the approval of the President, so directs; and in giving such a direction with respect to any law, the President or, as the case may be, the Governor, may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction. (4) Notwithstanding anything contained in the Constitution, the President may, with respect to any matter within the legislative competence of Majlis-e-Shoora (Parliament), and the Governor of a Province, with the prior approval of the President, may, with respect to any matter within the legislative competence of the Provincial Assembly make regulations for the peace and good government of a Provincially Administered Tribal Area or any part thereof, situated in the Province. (5) Notwithstanding anything contained in the Constitution, the President may, with respect to any matter, make regulations for the peace and good Government of a Federally Administered Tribal Area or any part thereof.

(6) The President may, at any time, by Order, direct that the whole or any part of a Tribal Area shall cease to be Tribal Area, and such Order may contain such incidental and consequential provisions as appear to the President to be necessary and proper: Provided that before making any Order under this clause, the President shall ascertain, in such manner as he considers appropriate, the views of the people of the Tribal Area concerned, as represented in tribal jirga. (7) Neither the Supreme Court nor a High Court shall exercise any jurisdiction under the Constitution in relation to a Tribal Area, unless Majlis-e-Shoora (Parliament) by law otherwise provides: Provided that nothing in this clause shall affect the jurisdiction which the Supreme Court or a High Court exercised in relation to a Tribal Area immediately before the commencing day. More about Article 247: http://www.fatareforms.org/article-247/

FATA system in focus after Senate bill tabled AUGUST 18, 2014 Senator Farhatullah Babar of Pakistan Peoples Party moved a private member’s bill in Senate on Aug 11, seeking amendment to the Constitution of Pakistan for extending jurisdiction of superior courts to the Federally Administered Tribal Areas (Fata) for the enforcement of fundamental rights. He has sought amendment to Article 247 (7) of the Constitution, which presently bars the Supreme Court and high court from exercising any jurisdiction in tribal areas. According to preamble of the bill, the tribal areas under Article 1 (2) of the Constitution were part of the territory of Pakistan. Its people are therefore entitled to equal protection of rights but by ousting the jurisdiction of the superior courts, Article 247 (7) was a ‘grave impediment’ in the way of tribal people in securing their fundamental rights. After the bill was moved the Senate referred it to the Committee on Law for examination. This move of Senator Babar has been hailed by different circles, especially by the FATA Lawyers Forum which had demanded that the amendment to the Constitution. Under Article 1 of the Constitution of 1973 the tribal areas are part of Pakistan and fundamental rights provided therein are applicable to Fata. However, through Article 247 both Fata and Pata (Provincially

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Administered Tribal Areas) have been given status different from rest of the country. This Article clearly pronounces that no Act of Parliament should apply to Fata or to any part thereof, unless the President so directs, and in giving such direction with respect to any law, the President may direct that the law has effect subject to such exceptions and modifications as may be specified in that direction. Similarly, no act of the provincial assembly applies to the Pata unless the Governor of the province with the prior approval of the President so directs. The President is also empowered to make regulations, with respect to any matter, for the peace. Article 247 (7), which is the most controversial constitutional provision related to tribal areas, states: “Neither the Supreme Court nor a High Court shall exercise any jurisdiction under the Constitution in relation to a tribal area, unless [Majlis-i-Shoora (parliament)] by law otherwise provides.” The inhabitants of Pata were fortunate enough as compared to that of Fata as in 1973 the jurisdiction of superior courts was extended there through an Act of the Parliament. The “Supreme Court and High Court (Extension of Jurisdiction to Certain Tribal Areas) Act, 1973,” was enacted in Feb 1973 and through it the jurisdiction of SC and PHC was extended to Pata. While the 18th amendment of 2010 for devolution of powers to provinces is considered a milestone in the constitutional history of Pakistan, it proved to be a big disappointment for the inhabitants of Fata. In the said Act no changes were introduced in relation to Fata. Former president Asif Ali Zardari promulgated the Frontier Crimes Regulation (Amendment) Regulation 2011 through which certain amendments were made to the colonial era FCR. However, those changes proved to be cosmetic as then government was shy of extending jurisdiction of superior courts to Fata. The then government had replaced the erstwhile FCR Tribunal with that of FATA Tribunal, the final judicial forum under the FCR, and limited powers were extended to this tribunal which is no match to the one exercised by the high court under the Constitution. Another important development is the PHC judgment delivered by a full bench on Apr 7 regarding issues concerning Fata. The five-member bench, headed by PHC chief justice Mian Fasihul Mulk (now retired), discussed different issues and gave its findings. The court made an advice to the Parliament through Federation for making suitable amendments to Article 247 (7) of the Constitution so as the people of Fata could invoke the jurisdiction of the high court or the Supreme Court in case of infringement of their fundamental rights.

The bench observed that all citizens, hailing from Fata being Pakistanis, are entitled to all the fundamental rights as enshrined in the Constitution, and that in the present legal disposition the same cannot be executed or enforced by them. However, the federal government has recently challenged that verdict of the PHC before the Supreme Court, which makes the intentions of the government clear. Legal experts believe that it would have been more appropriate to table a bill for enacting a law on the pattern of the 1973 Act related to Pata as its passage would be much easier compared to passage of a Constitutional Amendment Bill. “The inhabitants of tribal areas could no longer be kept oppressed as the civil society, lawyers, etc have now been raising voice for change in the judicial system in vogue there,” said advocate Samiullah Afridi, a leader of FATA Lawyers Forum. He said that the system in which a political agent had been acting as judicial officer was in conflict with Article 175 of the Constitution, which guaranteed separation of judiciary from executive. By Waseem Ahmad Shah | Source: http://www.dawn.com/news/1126027/view-from-the-courtroom-fatas-judicial-system-in-focus-after-bill-tabled-in-senate

Resolution submitted in National Assembly to make laws for FATA JULY 24, 2014 ISLAMABAD: The Pakistan People’s Party (PPP) has submitted a resolution to the National Assembly Secretariat, seeking powers for the parliament to make laws for the country’s Federally Administered Tribal Areas (Fata). According to a spokesman for the opposition leader in the National Assembly, the resolution has been moved by PPP lawmakers Syed Naveed Qamar, Dr Azra Fazal Pechuho, Dr Nafisa Shah and Shazia Marri. It is expected to be taken up by the house in its forthcoming session starting from August 4. In the resolution, members state that “all legislation on Fata should be undertaken by the legislative assemblies, i.e. the National Assembly and/or the Senate”. Under Article 247 of the Constitution, the parliament has no powers to make laws for the tribal areas,

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which are governed by the country’s president through the governor of Khyber Pakhtunkhwa. The demand to amend Article 247 is also included in the 11-point consensus recommendations, prepared by the Joint Committee on Fata Reform, consisting of representatives from 10 mainstream political parties of the country. These recommendations have already been endorsed by the heads of eight parties, including the PPP and committee members have been waiting for an appointment with Prime Minister Nawaz Sharif and Pakistan Tehrik-i-Insaf chief Imran Khan to secure their formal endorsements. Opinion: Conflict in Fata Ajmal Khan Wazir, the focal person for the committee formed in 2010, sounded surprised when Dawn contacted him for comment over the PPP move, saying that the PPP should have moved the resolution in consultation with the parties involved. Mr Wazir, who hails from South Waziristan, said that despite having different ideologies and programmes, all 10 political parties had reached a consensus on the recommendations, which was a great achievement. Saying that he could not disagree with the PPP resolution, but added: “No party should indulge in point-scoring on issues which all parties have agreed upon”. The PPP, he said, should have waited for the final endorsement of the recommendations by the prime minister, since the PML-N was the largest party in assembly. Mr Wazir, who is also the senior vice-president of the Pakistan Muslim League, said other members of the committee would definitely like to see the approval of all these recommendations through parliament like the 18th Constitution Amendment. On the other hand, PPP Senator Farhatullah Babar, who is also a member of the Joint Committee on Fata Reforms and spokesman for party co-chairman Asif Zardari, supported his party’s move. “It would have been better if the MNAs had done so in consultation with other parties. However, it is good enough if they have done so on their own,” Mr Babar said when asked to comment on Mr Wazir’s viewpoint. Article 247(2) reads: “The President may, from time to time, give such directions to the Governor of Province relating to the whole or any part of a Tribal Area within the Province as he may deem necessary, and

the Governor shall, in the exercise of his functions under this article, comply with such directions.” Article 247(3) says: “No act of Majilis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof, unless the president so directs, and no act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area, or to any part thereof, unless the governor of the Province in which the Tribal Area is situated, with the approval of the president, so directs; and in giving such a direction with respect to any law, the President or, as the case may be, the governor, may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction.” Similarly, Clause 5 of the same article says that “Notwithstanding anything contained in the Constitution, the President may, with respect to any matter, make regulations for the peace and good government of a Federally Administered Tribal Area or any part thereof.” Mr Wazir said the joint committee would go into session on Thursday to discuss the issue of the internally displaced persons uprooted by the military operation in North Waziristan. By Amir Waseem | Source: http://www.dawn.com/news/1121194/resolution-submitted-to-make-laws-for-fata

JUI-F leader advocates amendments to Constitution for FATA OCTOBER 11, 2014

LANDIKOTAL: A Jamiat-e-Ulema Islam-Fazl (JUI-F) leader has said that amendments to the Constitution is inevitable for restoration of peace and development of tribal areas.

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Talking to reporter here on Friday, the JUI-F leader, Abdul Jalil Jan who is also the party’s provincial secretary information, said reforms were essential in Fata. He said authorities should concentrate on bringing peace to the tribal areas affected by militancy. Abdul Jalil Jan demanded amendment to the Article 247 of the Constitution and its extension to Fata. “This will enable the elected representatives of the area to legislate for own people,” he maintained. He urged the federal government to announce mega projects in tribal area and ensure transparency in the allocated billions of rupees funds being spent in Fata. The JUI-F leader said provision of education, health and communication facilities could change the fate of the area. He also urged the authorities to speed up the construction work on the Pak-Afghan highway that would boost the economies of both countries. Jalil Jan expressed concern over the miseries being faced by the internally displaced persons from North Waziristan and Bara and asked the government to send the displaced families to native areas with honour. Source: http://www.thenews.com.pk/Todays-News-2-277692-JUI-F-leader-advocates-major-amendments-to-Constitution

Abolish FCR Movement launched on Facebook OCTOBER 10, 2014

A new Facebook group is the home of more than 300 reform activists from Pakistan’s tribal areas. Together, they are sharing information and making statements about the need to abolish the Frontier Crimes Regulation (FCR) and other changes to guarantee the fundamental rights of the people of the Federally Administered Tribal Areas (FATA).

The mission statement of the group is as follows: “Working to raise awareness and peaceful protest against the repressive FCR. We want complete abolition of the FCR and constitutional integration with the rest of Pakistan.” Click on the following link to see the group directly on Facebook: https://facebook.com/groups/363998470415138 Below are some comments from the group, giving very interesting insight into the views of local people in FATA regarding the FCR and its abuse by government and local Maliks: Jalal Wazirov: Pakistan was created in the name of Islam by the people who had nothing to do with it (Islam) in the real sense of the word.We were staunch and practicing muslims, no doubt, but proved very simple-minded then by hugging its creation in the hope of seeing it a prosperous Khilafat according to the Mullahs’ version. The cunning maliks jumped on the bandwagon and played their cards close to their chests.They portrayed the common people nothing less than beasts and wayward creatures and thus signed an agreement of giving us into slavery to the Islamic Republic Of Pakistan beneath the dark shadows of apartheid FCR regime, already put in place by the erstwhile alien rulers. Mohammad Baseer Hassan: For how long will we bear this inhuman treatment to the people of FATA? Now the youth of FATA are capable to speak against this draconian law and we have to do this for our coming generation and to have a peaceful and prosperous future. Otherwise, this black law which has deprived us of our civil liberties will never let us live at peace in our regions. Jay Afridi Afridi: The people from FATA can’t get a home on rent in KP and in other provinces unless two other people not from FATA accept financial responsibility and liability. Are we not citizens of Pakistan? Israr Khan Mehsud: I am a supporter of the Abolish FCR Movement. I am not for amending the FCR. We want a separate province as well, called Qabailistan. Sheerina Khan: Our freedom makes many demands on us and our first duty is to ourselves. This is neither selfish nor self-projection. We must maintain our freedom. First question: How can we get freedom in the tribal areas? Answer: Kick out the FCR and its leadership that is held by only a few families. Only a few people are making a life and a future for themselves. All other educated people are hopeless and useless due to the FCR. Insha’Allah we should begin using a new slogan: “Go FCR go!”

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Akhtar Khan: Maliks are never and were never on good terms with FATA. They were just the tools of the filthy Draconian Procedure. They did not play any role for the development of FATA but for filling their own repositories. They have gotten many schools, jobs, etc. and again they were and are using it as their father’s property. They are using our schools as hujras. The political agent (PA) has bequeathed them with dispensaries and schools, but many of these are only to be found on paper. All the staff are their own family members, regardless of whether the are educated or not. The Maliks never raised their voices for hospitals, colleges or universities for the rucksack of the populace (general people) and did not ask the PA why they have been underprivileged for more than a century. The Maliks took our funds, used secret funds and worked as spies for the political agent. We will never call them good Maliks (except a few) because there is no good Malik. And yes, they are chairing our Jirga system because of the Law of Jungle! This FCR system is a hilarious system and we will all pray, “Oh God!! Give us pure leadership and curse those who have embezzled our rights.” The composite demographic factor and the social fabric of the tribal is not the acute quandary but it has chronic precursors. We can’t hang on to our scarce social fabric, but rather must go shoulder to shoulder with the entrenched globe. Such a walk is only possible when you have your own pen and are empowered to make your own decisions. Now our pen is in Islamabad in the hands of those people which have nothing to do with our culture, traditions, norms and ground realities. Dominance of Maliks and the Political Administration: The Frontier Crimes Regulation (FCR) has created an environment where the political administration has no direct contact with the people but only with a few elders formally called Maliks and Sarkari Mullahs. These elders get money from the political administration fund for their service rendering in Jirgas. The money going into the political administration fund comes from direct taxes on food items sold in FATA. As these Maliks have a vested interest to make the political administration happy, they lack the courage to go against the illegal demands of the political administration. The common tribal has no voice and the system dictates to them to just follow the decisions of Maliks, the minion of the administration. This system has caused a serious resentment in common tribal people. This resentment is then exploited by evil forces that portray themselves as the

Messiah and challenge the Malik-dominated system. However, these forces have a secret agenda which the common tribal people don’t know about. The people then become the pawns of these corrupt souls, without even realizing they are being manipulated. Abdul Hai Wazir: A quote from FATA Committee member Ajmal Khan Wazir, “In 2014, the citizens of FATA are still deprived of their fundamental rights. Even after more than 65 years of Pakistani independence, tribal citizens have still not been set free from the “black law(FCR).” Who can believe that in the 21st century, an entire village can be considered responsible for the crime of a single person? Who can believe that the village is held responsible even if the alleged crime is committed hundreds of miles beyond the FATA border? This incomprehensible injustice has been the plight of FATA citizens in the past and continues today. The current scenario demands peace in the region and this peace is not only linked to peace inside Pakistan’s border, but also with peace in several other regions. What we are confronting today is the obvious result of ignoring the provision of fundamental rights to the citizens of FATA. It is the result of ignoring equal rights and development in the tribal areas. A new generation is seeking education. They are looking for new opportunities. They are waiting for assistance and expecting real development in FATA. None of this will be possible unless Article 247 is amended and the FCR is abolished. We call FATA a part of Pakistan. Its citizens are known as Pakistanis. Despite this fact, the people of FATA are treated unjustly. In their own land, they are waiting for the government of Pakistan—waiting for their own government—to bring them truly and completely under the umbrella of a true, united Pakistan.” Source: https://facebook.com/groups/363998470415138

Reforms Commission scrutinizes work of all FATA offices OCTOBER 9, 2014 The FATA Reforms Commission under its Chairman Ejaz Qureshi, held series of meetings in Governor’s House here on Friday to scrutinize the working of all FATA related offices in the light of many complaints put forward by various segments of FATA citizens. FATA related offices include Governor’s Secretariat, FATA Secretariat,FATA Disaster Management Authority, Governor’s Inspection Team and existing Monitoring and Evaluation arrangements.

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The Commission obtained facts and figures regarding the budget, manpower and their activities. The meetings considered various proposals to make these offices more efficient and pro active in their tasks and duties, by eliminating extra fat, waste and strengthen its delivery at the gross root level. Devolution of powers, decision making and oversight at the Agency level is the paramount consideration. The Commission comprises of Lt. Gen. (R) Syed Sabahat Hussain, Mir Laiq Shah and Mrs. Mossarat Qadeem as members and is working under the direction of the Governor Khyber Pakhtunkhwa. Source: http://www.4-traders.com/FINMECCANICA-SPA-162001/news/Finmeccanica–FATA-Reform-Commission-scrutinizes-work-of-all-offices-19166025/

Commission considers effectiveness of FCR and FATA justice system OCTOBER 8, 2014 The FATA Reforms Commission has prepared its recommendations to amend the FCR and the Constitution of Pakistan. The commission has recommended to amend article 247, change the political system of FATA and take effective steps to ensure security on the Pak-Afghan boarder. It is pertinent to mention here that the commission was tasked by the government to work on an 18-point reforms recommendation. Apart from this, governor Mehtab decided to restructure the governor house secretariat and FATA secretariat and redesign of the government inspection team. FCR-Frontier-Crimes-RegulationAccording to the sources privy to the news, in the first phase in November of this year , the commission will advise the abolishment of or amendment to the Frontier Crimes Regulation (FCR) and also to amend article 247 of the constitution to extend the jurisdiction of the High Court and Supreme Court to FATA. These legal changes will change the political system and make the security system on the border more effective. It is to be noted that the commission has so far conducted a series of ten meetings for consultations with tribal elders, Core Commander of the Peshawar Division, Inspector General Police, retired tribal officers, tribal students, youth, lawyers, journalists, civil society and members of public bodies’ unions. All of these meetings focused on the implementation of reforms in the current system of governance in FATA. Out of 18 points for reform, the commission mainly focused on five recommendations. After preparing the recommendations, the commission has sought to meet the ten former secretaries of FATA for

constitutional and legal advise and opinion after Eid Ul Azha. The commission has tried to come up with recommendatiosn which will not put the government into difficulty in implementation. Source: Mashriq, translated from Urdu, http://fatareforms.org/2014/10/08/commission-says-abolish-fcr-extend-judiciary-fata/

Amending not abolishing FCR considered by Commission OCTOBER 2, 2014 The aspirations of the people of FATA will be given due importance in the upcoming reforms pakage. While talking to media Chairman of the FATA Reforms Commission (FRC) Ejaz Qureshi said the the responsibility of the commission is to study and analyse the legal system of FATA and law of FCR. It is wrong impression in the public that FCR’s complete abolishment is under consideration. Government sources says that the wishes of the people of FATA will be entertained in the reforms. He added that we will come with recommendation while looking at the ground realities. Sources privy to the working of FRC says, that yes amendments in FCR are under consideration. Translated from Urdu, Mashriq (back page), http://fatareforms.org/2014/10/02/amending-not-abolishing-fcr-considered-by-commission/

Why tribal area reforms are not moving forward (audio) SEPTEMBER 26, 2014 We have been listening and reading about FATA reforms for years, for this purpose a FATA reforms committee of ten political parties is formed some years ago and a FATA Reforms Commission (FRC) has been been established. This committee and reforms commission struggling for reforms and conducted meeting with stockholders to push forward the FATA reforms process. Prof. Ijaz Khan Khattak from University of Peshawar, Musarat Qadeem, member of FATA Reforms Commission and Akber Hoti who is lawyer and has expertise in tribal affair spoke about FATA reforms process in Mashall Radio program “On the Edge of Durand Line”. The program also focused on the issue of having different and various committees and commission for one and same objective of FATA reforms. Following is the crux of the of guests’ replies to various questions about FATA reforms.

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Mashaal Radio: What are reason and out put of having meeting with tribal elders about FATA reforms? Musarat Qadeem: There is a handsome amount of literature, studies, articles and recommendations about FATA reforms in the recent past. But some of them came without involving tribal people while for some others there was no political will implemented them. We are trying to involve tribal people by meeting them to adjust their recommendations in the reforms package, and trying to avoid the mistakes which were committed in the past. In the recent meeting which was held on September 5 with tribal leaders, we tried to take their suggestion for effective reforms in economic, social and administrative areas. All the past reforms failed because of the reason that almost all of them excluded tribal people, but this time we are trying to make them as part of the reforms process. MR: What is your opinion about the working of FRC, its meeting with FATA elders. Why reforms could not be brought in FATA? Prof. Ijaza Khan Khattak: This is wrong to say that the people of FATA were excluded from consultation about fata reforms in the past. In all the committees and commissions which were established for reforms, the people of FATA were included. For instance, they were included in both Shaheed Bhutto Foundation’s recommendation and they were also part of the Mian Ajmal Commission which was made for reforms. These commission even visited all the tribal agencies and held their meeting in tribal areas, invited even the commoners to participate but nothing happened. This FRC will not be different from the past commissions. Just including the people of FATA in consultation will not work. FRC may bring some administrative and economic reforms but it will not be able bring some drastic changes in FATA’s set up on which there is a broad agreement on some issues like extension of the apex courts’ jurisdiction and political reforms. Ijaz khan appreciated the extension of the PPOs and some other changes by the PPP government in the past. But he was of the opinion that bureaucracy and Pakistan military is still not ready to allow reforms in FATA for various reason, as FATA has been a place where they are able to play their various policies. He also criticised FATA Tribunal and called it is an artificial body. MR: How Pakistani constitution is a hurdle to the FATA reforms or what constitution says about FATA? Akber Hoti: Yes Pakistani constitution does give a status to the tribal areas, there is a constitutional status of FATA. “Akber Hoti appreciated and explained in a vivid detail all the 11 points recommendations of FATA Committee”. He said, if implemented, it would

be a watershed for FATA progress. He appreciated and emphasized on the point of “extension of law of inheritance to FATA” amendments in article 247 and separation judicial powers from executive. MR: Why there is no implementation of FATA reforms? What are the hurdles to FATA reforms? Do you think this time you will be able to implement FATA reforms? Musarat Qadeem: Let me tell clarify that yes ! I agree that the people of fata were consulted for fata reforms in the past, but sometime we lacked political will and the other time the people of FATA did not want it. Let me also tell you one of the realities of recent meetings with tribal elders. The reality is that “all the elders agreed and recommended to us that they do not want abolition of FCR at all, but yes they were agreed to some modification in the document. They said that this is the document from our forefathers”. Not as a member of the commission but I am telling you this in my personal capacity that without changing the political status reforms will not be effective. First we need to change the political status of the fata then should go for the reforms. But in the meeting all the tribal leaders were of the opinion that this is our culture, we want to maintain the current status, they did not suggest and were not ready for changing the status of FATA”. MR: If the elders of FATA do not want to change the status of FATA, then how reforms would come to the area? Prof. Ijaz Khan: Actually this is not correct, I am sorry to say that the FRC are meeting the elders who were sent by the PAs with written script. Behind these elders are the political agents who do not want to change the status. Yes there will be some people who will not agree but they are unaware of FCR and their percentage is very less. Ijaz Khan then explained how PAs and DCs exercises their powers arbitrary over the people of FATA. He said that at least the people of FATA should be given the right to access the higher courts. Today the Maliks can not speak their minds because of the fear of PAs. FRC meetings with those people sent to them by the PAs will not solve the issue. Two listeners from Dubai and Saudi Arabia also participated in the discussion via phone call. Both of them hails from FATA: One said, “FCR is a centuries old law, today we are living in 2014, it does not match with us in this modern time”

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Another said , “Actually our maliks are also the maliks of British Empire and systems, that is why they still speak the language of their erstwhile lords”. Listen in Pashtu: http://www.mashaalradio.org/content/article/26574197.html

Govt asked to amend laws in FATA, rehabilitate IDPs SEPTEMBER 26, 2014

PESHAWAR: The political leaders of tribal areas have demanded of the government to introduce reforms in Fata and rehabilitate displaced persons as soon as possible. Addressing a seminar here on Thursday, they said government should give due rights to the tribal people. The seminar was arranged by Fata lawyers Forum (FLF) that was attended by people belonging to different segments of the society. The speakers urged the government to announce a comprehensive package for the displaced tribal people and a timeframe for their rehabilitation or open Torkham border for them so that they could migrate to Afghanistan. Syed Akhunzada Chattan of PPP, Sahibzada Haroonur Rasheed of JI, Haji Iqbal Afridi of PTI, representative of Bara IDPs Sohbat Khan Afridi, FLF president Ijaz Mohmand and Malik Khan Marjan addressed the seminar. Speakers seek constitutional rights for tribal people Majority of the speakers said that without amending Article 247 of the Constitution restoration of peace and development was impossible in Fata. They added that tribal people were deprived of their basic constitutional and legal rights even in that modern era. The bill for amending Article 247 of the Constitution, they said, was under process in Senate. The bill needed to be passed at the earliest so that tribal people could get their due rights without any further delay. Speaking on the occasion, Mr Chattan said that tribal people and citizens of settled areas were living in the

same country and had the same constitution but they were treated differently. He said that all the political parties wanted to bring reforms in Fata but bureaucrats were not extending cooperation to them rather they were creating hurdles in that regard. If tribesmen were not given the status of real Pakistanis, the laws should be amended so that they could get rid of black laws, he added. Mr Rasheed said on the occasion that the government was democratic but it had no authority to implement its policies in Fata. He said that all the issues being faced by tribal people could be resolved if all the political parties joined hands for the purpose with sincerity and honesty. Iqbal Afridi said that both provincial and federal governments did not pay proper attention to the issues of tribal people. “If the name of the province can be changed through 18th Amendment then why Article 247 can’t be amended,” he questioned. Malik Marjan alleged that Fata Secretariat embezzled billions of rupees in the name of development of tribal people. He alleged that Fata Disaster Management Authority (FDMA) was also a failed institution. He demanded of the government to repatriate IDPs to their houses in Waziristan as 90 per cent areas were declared of terrorists. Ijaz Mohmand said that tribal people were Pakistanis but still they were not given the basic rights, which were provided to the residents of settle areas. He threatened that tribal people would stage sit-in in Islamabad if they were not given their due rights. The protest would continue till acceptance of their demands, he added. Mr Mohmand said that innocent people were killed in drone attacks but the government was least bothered to raise the issue at international level. If timeframe was not announced for rehabilitation of tribal IDPs then it would be better to allow them to migrate to Afghanistan, he added. Source: http://www.dawn.com/news/1134432/govt-asked-to-amend-laws-in-fata-rehabilitate-idps

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Reforms Commission examines representative council for FATA SEPTEMBER 12, 2014

Commission investigates possibilities for FATA local bodies and also a representative body to advise the KP governor on policy for tribal areas. PESHAWAR: FATA reforms Commission headed by chairman FATA Reforms Commission, Ex- Chief Secretary Khyber Pakhtunkhwa Ejaz Qureshi spent two busy days in Peshawar on 11-12 September. Commission met retired government servants from Federal Administrative Tribal Areas, comprising Ex- civil servants, doctors and officials from others fields. Earlier, last week, the Chairman had extensive dialogue with tribal malicks, lawyers and journalist professionals from the civil society working in FATA and Khyber Pakhtunkhwa. In these meetings and interactions, wide-ranging discussion occupation place to improve the working of FATA secretariat in policy implementation, speed up developmental work and be able to monitor policy. Another major area is the working of Agency Administration which urgently requires drastic overhauling to strengthen civil administrative machinery to improve proper security and to get better service delivery to the people at large. Chairman Commission Ejaz Qureshi said that schools, colleges and hospitals should play their effective role and serve local needs which these are failing at present. Also, the Commission is soliciting suggestions and associating FATA people in developmental activities and oversight of government departments through an appropriate local government system and jirgas. Similarly, how a representative and consultative council can be developed to advise Governor at the policy making level. These are urgent but critical issues requiring consensus of all segments of society in FATA. The FATA Reforms Commission is seeking and helping build consensus on agreed plan of action.

While appreciating the working and role of Commission members, the Chairman said that Commission members have excellent reputation in public service and Governor Khyber Pakhtunkhwa has selected them for their non-political and pragmatic track record and they are working on voluntarily basis without enjoying protocol and salary. The Commission is directed to make forward its recommendations to the governor within four months, he further added. Source: http://governorssecretariatkp.gov.pk/event/fata-reforms-commission-speeds-its-work

FCR black law continues to evade Pakistan legislators attention (Waseem Ahmad Shah) SEPTEMBER 10, 2014 While the colonial rulers who created FCR had left this land over 67 years ago, the successive rulers, both military and civilian, considered it an important legal instrument for ruling the tribal people. The Frontier Crimes Regulation (FCR) is widely believed to be a black law, but it still continues to be the prime law governing the tribal agencies. While the colonial rulers who created FCR had left this land over 67 years ago, the successive rulers, both military and civilian, considered it an important legal instrument for ruling the tribal people. The powers which could be exercised under this pro-bureaucracy law by the administrative officers in tribal areas are unmatched. The powers of a political agent under the provisions related to “territorial” and “collective” responsibilities of the tribal people still persist in this age of technology and advancement when fundamental rights are considered inviolable. The bar on jurisdiction of superior courts in Federally Administered Tribal Areas (Fata) has aggravated the situation for the tribal people who are being treated as inferior human beings to that of the rest of the country. The recent steps taken by the Kurram Agency administration, apparently to pressurise the local population protesting on certain issues in the agency, speaks of how the FCR provisions could be used in unbridled manner. Over a week ago the political agent of the agency issued an order under Section 21 of FCR, dealing with collective responsibility, directing that properties of

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the inhabitants of Parachinar in settled areas should be sealed. Following this the administrations in different areas have sealed properties, including an imambargah and a community centre. The authorities have also sealed Pak Hotel, a multi-storey building situated in Kocha Risaldar at Qissa Khwani bazaar. Pak Hotel is a multi-purpose building serving several purposes of people belonging to Shia sect. On one of its floor an imambargah is situated and on the ground flour is a community centre. Whenever a member of this sect hailing from Kurram Agency expires in Peshawar the body is brought to the premises for last rituals following which it is transported to the agency. After sealing of this building members of the sect have been facing problems. The same building was twice targeted by terrorists through suicide bombers and dozens of people were killed. Similarly, several shops in the area have also been sealed. Another building, Alamdar Hotel, has been sealed in Hangu district on route to Kurram Agency. Inhabitants of Parachinar had started a sit-in from Eid day against arrest of 30 elders who had been in prison under FCR for last seven months. The sit-in continued for around three weeks. They were protesting against expulsion of a khateeb from Kurram Agency on charges of creating unrest among local population. To pressurise those protesters the administration resorted to the extreme step of sealing properties in settled areas. Even political figures when appointed as governor of Khyber Pakhtunkhwa, who served as agent of the President for tribal areas, could not take any step to end the injustices perpetrated by the tribal administration under FCR. In April 2014, Sardar Mehtab Ahmad Khan, a key leader of PML-N, was appointed governor. It was widely believed that his appointment would prove to be a fresh breath of air for Fata inhabitants. Sardar Mehtab had remained a political prisoner during the military rule of General Pervez Musharraf. He had seen the rigours of Attock Fort and the lock-up of National Accountability Bureau, but that could not deter his resolve and he remained loyal to his party. He is more aware of the importance of the rights guaranteed in the Constitution, including safety to life and liberty, freedom of expression, movement, trade and profession. However, an impression has now been emerging among tribal people that the same excesses had been carried out by the tribal administration in different areas which were considered their hallmark.

While the previous PPP government in the centre was taking credit of certain reforms in FCR in 2011, but time proved that those changes in the law were cosmetic in nature. Through those amendments the government had strengthened the office of the political agent. Prior to those amendments there was no mention of the political agent (PA) or the assistant political agent (APA) in FCR. Following the enforcement of FCR the colonial rulers and subsequently the Pakistani government had on different occasions issued notifications through which powers of deputy commissioner and district magistrate were delegated to the PAs and APAs. In the 2011 amendments a section was included in FCR through which the words “deputy commissioner” and “district magistrate” had been substituted with the words “political agent” or “district coordination officer” (related to Frontier Regions) or “assistant political agent”, as the case may be. Legal experts believe that this amendment is in clear violation of Article 175 of the Constitution which guarantees separation of executive from the judiciary. Similarly, the powers of the political agent had also been enhanced under the most notorious Section 21 of FCR, dealing with collective responsibility of a tribe, or group of people. Previously, the political agent, in his capacity as deputy commissioner, could exercise these powers with the previous sanction of commissioner, but now he could directly invoke the said section. Only few restrictions were placed on PA as three categories of persons have been excluded from arrest under the section. These include women, children below 16 years of age and elders over 65 years. President of Fata Lawyers Forum, Ijaz Khan Mohmand, said that recently Senator Farhatullah Babar had tabled a bill in the Senate for making amendments to the Constitution for extending jurisdiction of superior courts to Fata and bringing other reforms. “The lawmakers from tribal areas as well as rest of the country should support this amendment as Pakistan could not be called a civilised country if it continued with such atrocious constitutional provisions as well as laws like FCR,” he maintained. By Waseem Ahmad Shah | Source: http://www.dawn.com/news/1130619

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JI seeks constitutional rights for FATA SEPTEMBER 9, 2014 They called upon the leaders of various political parties to speed up their efforts to abolish FCR and provide basic civil rights to the people of tribal areas KHAR: The Fata chapter of Jamaat-i-Islami (JI) has asked the federal government to immediately provide fundamental constitutional rights to the residents of tribal areas. Addressing an Eid Milan party at Inayat Kallay here on Tuesday, JI Fata chapter emir Sahibzada Haroonur Rahseed said that enforcement of Frontier Crimes Regulation (FCR), absence of fundamental rights, lack of proper social justice system and unlimited powers of political administration were the main hurdles in the development of tribal areas. He said that tribal people were affected badly by misuse of FCR and unlimited powers of political administration. The people of tribal areas could not achieve the goal of peace and development until basic rights were provided to them, he added. The JI leader said that bureaucracy and tribal elders were the main beneficiaries of the existing system in tribal areas. He added that they fear that their powers will end for forever if basic constitutional rights are provided to the people of Fata. Mr Rasheed said that bureaucracy and tribal elders were opposing extension of basic constitutional rights to tribal areas only for their own interest because they were enjoying benefits and facilities in the present system. The JI leader said that his party would continue its efforts to abolish Frontier Crimes Regulation and bring positive and meaningful changes in the current tribal system according to the wishes of tribal people. JI local leaders including Qari Abdul Majeed, Maulana Waheed Gul and Haji Yousaf Khan also addressed the function. They called upon the leaders of various political parties to speed up their efforts to abolish FCR and provide basic civil rights to the people of tribal areas. The speakers criticised Fata parliamentarians for not taking concrete steps for brining positive changes in the current system in the region. They urged the legislators to make serious efforts for the extension of fundamental rights to tribal areas as the tribesmen could not move forward until basic rights were provided to them. Source: http://www.dawn.com/news/1123635/ji-seeks-constitutional-rights-for-tribal-people

FCR and the future of FATA (Abdul Majeed Dawar) SEPTEMBER 5, 2014 Readers, as you know, the Pakistan Protection Ordinance (PPO) law has been approved by Pakistan’s National Assembly for a temporary and specific period of time. But the intensity with which this law is being opposed and criticized through furious speeches and TV talk shows reflects a particular “double standard” of thinking in our country. This repressive law has been debated in Pakistan as if an atomic bomb had been dropped on the country. If analysed, the Frontier Crimes Regulation (FCR) is an even more repressive and authoritarian law which has been imposed in FATA from generations to generations, despite the fact that the Pakistan Protection Ordinance (PPO) is also a repressive law. The difference between the FCR and PPO laws is that the latter is not only an ordinance but it is also for a specific period of time, not like the FCR, which is permanent and continual. Since independence, neither any government of Pakistan has taken any step nor any journalist or scholar have fulfilled the responsibility of their pen. Neither the government has tried to give a real “independent status” to the subdued tribal people of FATA nor intended to do so. Today much hard work and struggle is being directed to reverse the PPO. If half of that struggle against had come to bear for the abolishment of the FCR, at least once or twice in more than sixty years of Pakistan’s history, then today the terrible dark shadows would not have been hovering over the future of the children of FATA. It is widely known that every intellectual, politician, lawyer and commander of Pakistan is aware of the oppressive FCR, but their awareness is just theoretical. We, the people of FATA, are the victims of the tyranny of this “black law”. Therefore, in a very civilized manner, raise awareness among all classes of FATA’s society, retired officers, students and other schools of thoughts of FATA, and thereafter take serious, rational and constitutional steps against abolishment of FCR. Websites have been created and even more significant good news is that Express TV News channel has started a series of television programs by the name of Hum Bhi Pakistan (“we are also Pakistan”) which focuses on and analyses the administrative laws and legal affairs of FATA. If we briefly analyse the FCR, it was first implemented by the British Empire in 1848. This law was imposed to keep control over and restrain the Pushtoon and

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Balochi tribal instinct. It was further amended in 1873, 1976 and 1901. In 1947 the Pakistani government brought a “judicious amendment” to the FCR, by the virtue of which any citizen of FATA can be arrested for his crime. Through this law the people of FATA are deprived of their fundamental human rights such as representation, counsel and appeal in the law courts. Not only due to the FCR, but also according to the article 247 of the constitution of Pakistan, there is no jurisdiction of any provincial or federal legislature or apex court over FATA. These territories are directly governed by the President of Pakistan through the governor Khyber Pukhtoonkhwa and Political Agents. Watching the people of FATA through the telescope of newspapers, sitting in air-conditioned rooms and offices, the all-powerful bureaucracy and other stakeholders have tagged the tribal people as uncivilized and barbarians behind a smokescreen of showing their sympathies with the people of FATA. These so-called sympathizers do not even know that in all civilized societies, democracy provides an opportunity to demand your rights. Democracy means not only governing people but it means allowing people to directly participate in the political system of the country. This entire system is based on a unified and agreed upon constitution. In this constitution, everyone’s rights have been mentioned and described. But it is beyond rational understanding that all those individual, legal and political rights which have been guaranteed by the constitution to the people of Lahore, Karachi, Quetta, Islamabad and Peshawar are not available to the residents of FATA. Why not? Besides this, it is also beyond the common understanding that neither the state struggles to eliminate the FCR from FATA nor does the government intend to introduce civilized reforms in the law. Readers, the 19th and 20th centuries were the centuries of British rising power and political clout. This law belongs to the era when the sun of British Empire could not be imagined to set. Thus, the British government implemented this law. Under Article 21, the “collective responsibility” clause of the FCR, an entire tribe is responsible to pay fines and can be punished for the crimes of an individual. In case fines are not paid, the whole tribe could be arrested and punished. Keep in mind the fact that the British current power and the strength of Great Britain was stronger and powerful at that time. Regardless, history tells us that the tribal people never listened to the thunder of artillery, ruthlessness of bombardment, nor did they ever migrate from their areas under the British crown.

On the other side, Pakistani administrators were neither able to formulate a law of their own nor do away with the inherited law from the white British lords. Thus, in the entire tribal areas, darkness rules and the state is mysteriously using all its waste in these area. It would be more appropriate to say that the state is really making the work of a toilet out of the homes in FATA. The heads of FATA people are not only hanging on the bayonets of Taliban, drones and government forces, but are also being killed extra-judicially by state agencies. The WikiLeaks website, for example, has detailed content of extra-judicial killing of tribal people in Pakistan. Pakistan gained independence from the United Kingdom, but we the tribal people are still under the sovereignty of “Lord Curzon”. Our hands are being cuffed by the FCR and now theses chains are attached to the bones and penetrating deeper which not only affected our past but also is impacting our future. Our lips are sewn. The white lord fines us under “collective responsibility” on a provision of an individual crime, but our dark master, under the law, uses the latest weapons on us. We cannot go to the courts against the U.S. drones nor against the Pakistani jet planes. In Miranshah and Mir Ali today, public property, markets, plazas and destruction are proof of our helplessness. Dear readers, this opinion is not an exaggeration, nor propaganda. If someone has any doubt about our helplessness, they can verify it from the Supreme Court. You can well imagine the helpless of FATA citizens from the fact that on June 19, 2013, a petition was filed in the Supreme Court of Pakistan against drone attacks and it was requested to order the state to stop these attacks on tribesmen. The Supreme Court, however, dismissed the petition by citing the stance outlined under article 247 of the Constitution, that “any tribal is not entitled to approach the Supreme Court or the High Court”. Apparently, as an alternative under the FCR, a FATA tribunal exists for tribal people, but if we check the record from the past four years, none of the cases is being heard and decisions have not been made. By Abdul Majeed Dawar: http://fatareforms.org/2014/09/05/frontier-crimes-regulation-future-fata-abdul-majeed-dawar/

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Asfandyar supports democracy and FATA reform AUGUST 26, 2014

Supporting the military operation in North Waziristan, the ANP leader termed it a positive step but “without [giving Fata equality], no one can ensure durable peace in the region.” Tribesmen should be given due human and constitutional rights,and the fate of the Federally Administered Tribal Areas (Fata) should be decided in accordance to the wishes of the tribesmen, said Asfandyar. PESHAWAR: Asfandyar Wali Khan, president of the Awami National Party (ANP), reaffirmed his party’s support for the military operation in North Waziristan, the ANP leader termed it a positive step but “without [giving Fata equality], no one can ensure durable peace in the region.” Opening FATA Tribesmen should be given due human and constitutional rights,and the fate of the Federally Administered Tribal Areas (Fata) should be decided in accordance to the wishes of the tribesmen, said Asfandyar. “We support the idea of a referendum on Fata but it must not be a referendum of Ziaul Haq.” Source: http://tribune.com.pk/story/753403/propping-the-constitution-asfandyar-reiterates-support-for-democratically-elected-govt/

FATA lawyers urge parties to amend Article 247 AUGUST 13, 2014 Fata Lawyers’ Forum Tuesday demanded all the political parties including Pakistan Muslim League-Nawaz (PML-N) to amend Article-247 of the Constitution and then pass it in shape of a Bill from

Senate and National Assembly to give basic human rights to tribal people like assured to rest of the citizens. While addressing a news conference here at Peshawar Press Club, President Fata Lawyers Forum (FLF) Ejaz Mohmand Advocate said that Article 247 in Constitution of Pakistan was a hurdle in bringing the tribal people to main stream. He informed that to amend this Article resolutions from both national and provincial assemblies were unanimously passed on May 28, 2012. These resolutions, he also claimed were presented before the High Court and Supreme Court of Pakistan in April 27, and in August 2013 respectively, and later on the Grand Tribal Jirga and leaders of all political parties unanimously adopted that making amendments in Article 247 was immensely necessary and also is need of the hour, he maintained. Flanked by FLF General Secretary Taj Mahal, and Farhad Afridi, he said that this Bill was presented by PPP Senator Farhatullah Babar in the Senate, so people of all tribal agencies of FATA demands all the political parties to unanimously pass it from the Senate and national assembly sessions. Owing to multiple challenges on various fronts, he said, that country is passing through very critical juncture of the history, whereas law and order situation in FATA was also not favourable, adding despite lapse of 67 years of getting independence still a strange law, in which no basic human rights were assured to tribal people, was introduced, which he termed quite injustice with the tribal people. He appealed all the political parties and incumbent PML-N government to extend the right of basic human rights to the people living in tribal areas by amending the stated Article 247 of the constitution and end the growing frustration among the tribesmen. Source: http://www.brecorder.com/general-news/172/1212359/

Pakistan lawmakers push sweeping tribal area reforms AUGUST 6, 2014 Pakistani lawmakers are making a determined effort to extend rights to the northwestern tribal areas that already apply to citizens of Pakistan in other regions. "Our basic aim is to empower the parliament to be able to make laws for the FATA." -- Farhatullah Babar Our basic aim is to empower the parliament to be able to make laws for the FATA. — Farhatullah Babar

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The proposed laws would amend the country’s constitution to grant residents of the Federally Administered Tribal Areas (FATA) full citizenship rights, including access to provincial and federal courts, and would extend the reach of laws passed by the national parliament to the region. Residents of the FATA are currently governed under a set of 19th-century laws called the Frontier Crimes Regulations (FCR), which date back to British rule and have only been marginally amended since that time. Under present laws, legislation passed by the Pakistani parliament is invalid in the FATA, and FATA residents are subject to different judicial proceedings than other citizens. Critics of the status quo call the laws, which allow for collective punishment by the federal government of tribes and clans for the alleged crimes of an individual, “draconian” and contrary to modern principles of justice. Influential ruling party and opposition lawmakers in the both houses of Pakistan’s parliament have told RFE/RL’s Radio Mashaal that they will back the new legislation. Senator Farhatullah Babar, a long-time campaigner for the reforms in the FATA, told Radio Mashaal that his Pakistan Peoples Party (PPP) put forward a bill in the Senate and a resolution in the National Assembly late last month. “Our basic aim is to empower the parliament to be able to make laws for the FATA,” he said. “At present, the FATA has representation in both houses of parliament, but it cannot make laws for the region.” Article 247 of the Pakistani constitution allows the president alone to write and implement laws in the FATA. “Under this arrangement, only executive organs of the state operate in the FATA, which is outside the jurisdiction of the legislature and the judiciary,” said Babar. “Even the local administration is dominated by the military deployed there.” Tens of thousands of FATA residents have been killed and more than two million displaced during a decade of Pakistani military operations against a Taliban and Al-Qaeda insurgency. Hundreds of civilians have been killed and more than half a million displaced in an ongoing military operation that began in June in North Waziristan, one of the FATA’s seven districts. In 2011 a coalition government led by the PPP introduced some modest reforms to the FATA that diluted the FCR’s collective punishment provisions and allowed for some accountability by establishing a government-appointed tribunal where tribespeople can challenge official decisions.

Aftab Ahmad Khan Sherpao, an opposition lawmaker, said Islamabad needs to urgently push the FATA reform agenda through so that residents see themselves as part of Pakistani democracy. “Now we have a good opportunity to change things in the FATA, and reforms are immediately required at this time,” he said. “Their elected representatives should be able to legislate for them,” Sherpao said. Senator Afrasiab Khattak, a lawmaker for the secular opposition Awami National Party (ANP), agrees. “We now live in an independent country, but the governance regime in the FATA is a relic from the colonial era,” he said. “We need to give the people of the FATA full citizenship rights. Why should they be considered lesser citizens?” As leaders in the Pakistani parliament in 2010, the PPP and the ANP pushed similar proposals for sweeping reforms under the 18th amendment to the constitution. The amendment empowered the country’s provinces and removed many democracy-limiting provisions from the constitution, but the parties failed to generate a consensus when it came to overhauling the FATA’s laws and constitutional status. Today, however, most political parties appear to agree on the need to change key constitutional provision to help the FATA join the political mainstream. Ten major Pakistani political parties represented in the Joint Committee for FATA Reforms recently called on Islamabad to bring development and security to the tribal areas after making the required constitutional and administrative changes. Ibadullah Khan, a lawmaker from the governing Pakistan Muslim League Nawaz Party, told Radio Mashaal that although his party did not back reforms for the FATA during previous stints in power, it is now committed to implementing change. “We will lobby hard and pave the way for this legislation to be adopted,” he said. “We are committed to granting the residents of the FATA fundamental human and citizenship rights.” Nasir Khan Afridi represents the FATA’s Khyber tribal district in Pakistan’s National Assembly. He said the proposed legislation will empower representatives from the FATA to serve their voters. “Until now, the FATA’s lawmakers have been powerless because we are mere adjuncts to the president and the government,” he said. “But these amendments will help us in addressing the pressing concerns of our constituents.”

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The Pakistani parliament is expected to debate the proposals during its ongoing session this month. By Monawar Shah | Source: http://gandhara.rferl.org/content/article/26516404.html

Bajaur leaders call for fundamental rights in FATA AUGUST 5, 2014 KHAR: Participants at a function in Inayat Kallay Bajaur Agency here on Tuesday urged the federal government to extend, on urgent basis, all fundamental civil rights to the people of federally administered tribal areas so as to bring them at par with the rest of the countrymen. Participants including Ameer Jamaat-e-Islami FATA chapter Haroon-ur-Rashid, local tribal elders and prominent academicians were in attendance at an ‘Eid Millan Party’ being arranged by the local chapter of Jammat-e-Islami. While speaking at the occasion Haroon-Ur-Rashid expressed deep sorrow over the existence of Frontier Crimes Regulation (FCR), absence of fundamental rights to tribesmen, lack of proper judicial system and the extraordinary powers of political agent in FATA despite living in the twenty first century. “How the people of FATA can be considered equal with other Pakistani nationals when they are subject to live under the whims of Political Agent, vested with immense powers, and FCR notwithstanding living in the twenty first century”, said Mr. Rasheed. “Until and unless these very unjust powers are eliminated from FATA administrative system the tribesmen will continue to suffer. We consider them as the main obstacles to the development and prosperity of the people of FATA”, Mr. Rasheed added. He criticized the bureaucracy and the privileged class in FATA who are the main beneficiaries of existing system in tribal areas and held them responsible for the sufferings of a common man as they defend the present setup of FATA only to save their own vested interests at the cost of huge losses to common people. “The particular class in FATA society and the bureaucracy fears their powers will no more exist if basic constitutional rights are being extended to tribal areas”, said Mr. Haroon. The leaders of the Jammat-e-Islami and tribal elders vowed to continue their efforts for removing all inhumane laws from tribal areas that will eventually

bring positive and meaningful changes to the current tribal system. By Anwarullah Khan | Source: http://frc.com.pk/news/participants-called-for-fundamental-civil-rights/

Regulating the fanatical northwest (Iftikhar Firdous) JULY 25, 2014 Women and children have always been the first casualties of international conflicts and wars, but unfortunately our narratives of war signify everything except these non-combatants. However, they have been dealt as ephemeral entities, which, with passage of time, appear to be invisible and unwanted by-products in every war undertaken by states. Women and children of the Federally Administered Tribal Areas (Fata) are no differently treated by the state and non-state functionaries in the present conflict and crises. Even our recent discovery through the haphazard registration process that 70 per cent of those displaced from North Waziristan are women and children has had little impact. A major chunk of the population consists of a marginalised section who were living there all this time when the quasi district was dominated by ‘non-state’, ‘anti-state’ and many other types of actors. There seems to be little curiosity of what was happening to this population during the last decade, when almost every incident of terrorism ‘universally’ was traced back to this global colony of internationally proclaimed bad guys — it means that no other war-related crimes were committed in this conflict-hit region; there were no rapes, no child abuse, no domestic violence, only terrorism and terrorists? While we can close our eyes to what happened up there in those mountains because ‘what the eyes don’t see the heart doesn’t feel’, and how can we be sincere to ourselves if we really don’t know the facts and don’t feel the fallout — that would be totally unfair. But after the population moved to the comparatively urbanised settled area, the continuous segregation has not ended; women were barred from collecting rations from distribution points because it is considered against ‘honour’. A decree was issued by a jirga of tribal elders who thought of it as inappropriate for women to be standing in the same queue as men. A woman was publicly thrashed when she refused to obey, while the security apparatus on the site stood watching, considering it better to remain uninvolved as it was a matter of tribal honour, which could result in a backlash if someone interfered; although the often

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fantasized ‘tribal honour’ does not permit touching or slapping someone’s mother, sister, wife and daughter. The incident orchestrates the apathetic approach of our rulers towards Fata, which has been the same during the colonial era, the times preceding it, and post-partition as well. A crystallization of this apathy is wonderfully compiled in an exchange of letters between the Punjab government and the Commissioner of Peshawar in June of 1892, at the time when the Frontier Crimes Regulation (FCR) was still being legislated. It’s now part of the colonial archive — ‘that treasure trove of oriental knowledge’ — with its more than often cited references because of its ‘deeper insight’ into cultural semantics, which of course the native was incapable of understanding back then in the colonial era as much as now. The letter discusses on how to strike a balance between local customs and English law as not to offend ‘good conscience or public policy’. When the commissioner who adjudicated cases related to women did not refer it to the Official Jirga under clause 10 of the FCR. The decrees were claims for women founded on the custom ‘where a woman belongs like a cow or other chattel to her own nearest male relative’. These letters compiled by Robert Nichols in The Frontier Crimes Regulation: A History in Document, which provides introspection into the mindset that framed these regulations to govern the ‘Fanatical North West’. The major concern of the colonial masters was the security paradigm that, unfortunately, determined the course and narratives about the inhabitants of Fata in the colonial era, but things have not moved forward since then. One can blame the jirga, but the real blame is upon a system which legitimises the use of such mechanisms. Fata is still living in 1901. A real solution to its problems is to pull it back into time. Otherwise, all efforts may prove futile in the future. By Iftikhar Firdous | Source: http://tribune.com.pk/story/740460/regulating-the-fanatical-northwest/

Another attempt at FATA reform (Dawn) JULY 25, 2014

Much of Fata’s security, economic and social predicaments today can be traced back to the insistence of the state to keep it separate from mainstream Pakistan. Periodically the issue of Fata reforms crops up in the national discourse, but then disappears quickly enough without much of substance seemingly ever achieved. Now it is the turn of the PPP to once again renew its commitment to bringing reforms to the tribal areas. The resolution moved by several PPP parliamentarians calls for legislative powers for Fata to be given to parliament as opposed to the current constitutional scheme of the president, via the Khyber Pakhtunkhwa governor, being the supreme governing and legislative authority in the area. The idea is neither new nor surprising — in theory and in practice, parliament ought to have the right to legislate over the entire territory of Pakistan and there is absolutely no question whatsoever that Fata is an original and legitimate part of Pakistan. Furthermore, the argument that Fata should be maintained as an anachronism that is at odds with the constitutional structure and fundamental rights applicable to the people in the rest of the country because of the security and social realities of the agencies is deeply flawed. No one argues, for example, that Balochistan, swathes of which are similar to Fata in terms of tribal structures and socioeconomic indicators, should not be governed by the Constitution and that the judicial, legislative and administrative institutions of the state should have their powers curbed in Balochistan. The very fact that much of Fata’s security, economic and social predicaments today can be traced back to the insistence of the state to keep it separate from mainstream Pakistan ought to be enough of a reason

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to now find ways to gradually but surely integrate the tribal areas into the rest of the country. Yet, desirable and even necessary as the constitutional and administrative changes may be — where else, for example, is there a region represented in both houses of parliament but unable to legislate for the region in question itself? — the issue of Fata reforms confronts a significant challenge: the presence of an overwhelming military war machine in the tribal agencies that by its very existence tends to displace civilian authority. Even in Swat, the most integrated, settled and socioeconomically developed of all the regions in which a counter-insurgency has been fought by the state, the civilian apparatus has found it difficult to reassert its authority in the presence of a military that is historically viewed as the most powerful institution by the public and other institutions of state. While the army leadership focuses on the lack of civilian capacity and will, the problem is often one of space. Does the pre-existing configuration of power inside Pakistan — referred to euphemistically as the civil-military imbalance — allow for civilians to lead? Until that happens — until the civilian leadership feels more confident to lead and the military more amenable to follow — little real change in Fata can be effected. Dawn Editorial Source: http://www.dawn.com/news/1121389/another-attempt-at-fata-reform

Hum Bhi Pakistan FATA television talk show (video) JUNE 7, 2014

Video and information on episodes of new TV talk show about FATA, Pakistan’s tribal areas. Host Imtiaz Gul brings political leaders, FATA parliamentarians, experts and young people to the table on Express TV to discuss important issues facing the tribal areas and the entire nation of Pakistan. Express TV launches unique debate on FATA

In May 2014, the Centre for Research and Security Studies (CRSS) and Express TV have taken a big leap forward in its drive for inclusive democracy and fundamental rights. With the support of parliamentarians, rights’ activists, analysts and academia in the first phase, the CRSS produced a series of shows for airing on national Express TV on the past, present and future of the Federally Administered Tribal Areas (FATA). The show also includes 60 male and female students from different regions. They had specially traveled to Islamabad for participating in the shows and each of them had a chance to put at least one question to panelists. You too are encouraged to share your comments and thoughts about the program in the comments section below. Big Step Forward Never before did FATA come under such focused and sustained debate involving leading stakeholders from within FATA as well as those representing Pakistan’s mainstream political parties – a first in FATA’s political rights’ advocacy in history to debate FATA problems, concerns and future prospects. The talk show gave an opportunity to the people from FATA to share their problems and seek solutions that can best help mainstream FATA with Pakistan. At the same time it provided the panelists a chance to speak on the issues such as the draconian FCR, the role of Political Agents and its implications and the possible role of the parliamentarians in addressing issues arising out of the special status of FATA. Context The 1901 Frontier Crimes Regulation (FCR) governs the Federally Administered Tribal Areas (FATA). It is a set of laws that was essentially a replication of the British-era magistracy system, but with a Political Agent (PA) at the centre who these laws turn him into the uncrowned king of the agency under his control. The PA’s control extends into the agency through the privileged class of Maliks — about 35,000 of them officially hold the title of Malik and serve as the bridge between the PA and the tribes. Residents of FATA got the right of adult franchise in 1997 and the Political Parties Act was extended to it before the 2013 general elections to allow political parties to participate from there. But this hardly changes the reality — that extremely wealthy people in FATA buy votes for the National Assembly or the Senate (20 seats altogether). It also remains a fact that while being part of the parliament, these MNAs cannot influence governance or legislation in their respective areas. Also, what is more ironic is that by the virtue of the FCR, these MNAs are

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virtually subject to the will of their respective political agents, who can place them under house arrest, banish them, or even have their properties demolished or seized. Why? Because the FCR empowers the PA to do so even if he has the slightest suspicion that a particular individual has or is about to commit a crime. This is one of the 50 or so regulations that arm the PA with absolute authority. The penalties that the PA imposes on tribes or individuals or the funds he gets from the federal government for his respective area are also essentially never audited. And that is why every new recruit to the civil service vies for the PA position, particularly in the Khyber Agency. The dominant majority of FATA residents demand that the FCR be abolished and the tribal area be brought under the Constitution. Resonating popular demands, 10 major parties have therefore, joined hands to strive for ridding FATA of the FCR and put forward eleven demands. Some of these recommendations include amending Article 247 of the Constitution (to ensure fundamental rights and transfer legislative power for FATA from the President to the Parliament), implementing a new local government system in FATA, separating executive and judicial powers of the political agent, democratizing the Jirga system, and others. Videos: http://dailymotion.com/playlist/x385jn_fatareforms_hum-bhi-pakistan-fata-talk-show-express-tv

Hum Bhi Pakistan FATA talk show topics JULY 5, 2014

Hum-Bhi-Pakistan-logo-video-stillDuring the recording of Hum Bhi Pakistan, most guests agreed that the Frontier Crimes Regulation (FCR) should be dealt with according to the wishes of people of FATA and that it is for them to decide whether they want to repeal it or amend it. Experts, lawmakers, students and other stakeholders discussed many reforms ideas and options, sometimes leading heated arguments on the future of FATA.

The TV shows will hopefully add to the knowledge of the dominant majority of Pakistanis who know little about the governance and legal structures in FATA. By inviting students and youth activists from the FATA region, the program also encourages the people of FATA towards constructively demanding their due fundamental rights as guaranteed by the Constitution of Pakistan. You will find below a complete list of all ten program themes addressed by Hum Bhi Pakistan. You will also find links to the video recording of those program already broadcast and links to pages with more information (including complete guest lists). You are encouraged to share your comments and thoughts about the program in the comments section below. PROGRAM THEMES 1. FATA Reforms: Implementation of 2011 reforms – Political Parties Order and Amendments to the Frontier Crimes Regulations (FCR). Why did FCR fail in combating crime and militancy? The show deals with the FATA reforms introduced in 2011 and the extent to which these reforms have been implemented. The State’s failure to implement these reforms has resulted in an increased level of crime and militancy in FATA. It made it easy for criminals and militants to take refuge here and later use the area to further their agenda of Islamization in the rest of the country. The laxity of the State to take action against these religious militants, both homegrown and foreigners who moved here after the end of Soviet invasion and post 9/11, has rendered some parts of FATA dysfunctional and under the de facto rule of the militants. The show will also discuss the role of the FCR in facilitating the entrenchment of militants in FATA. This program was broadcast on Express TV on Friday, June 6, 2014 at 7:05pm. Watch the program. Guest list and more information. 2. Local Bodies’ System in FATA: A Tool of Empowerment This show highlights FATA residents’ helplessness in the absence of local representative institutions and they are denied representation in the public life under the FCR. The show discusses the idea of extending local bodies’ Act to FATA as a first step to empower the residents through directly elected community leaders. Of course, ideally, the law of the land should be extended to entire FATA and integrate it with rest of Pakistan.

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This program was broadcast on Express TV on Saturday, June 7, 2014 at 7:05pm. Watch the program. 3. Justice and Separation of Powers in FATA: Extensive power of political agents, democracy vs. draconian system Hum Bhi Pakistan FATA talk show on Express TVThis show discusses as to why not the extensive powers of the executive (Political Agent) given under the FCR be amended? With the help of case studies, the show aims to elaborate on how the powers vested in the Political Agent under the FCR promotes corruption, cronyism, and poor governance without any accountability mechanism and how these powers have impacted adversely on the lives of the people of FATA in many different ways? The show also focuses on implications of the FCR on the Rule of Law in adjacent settled areas, the role of FATA judicial tribunal, and citizen’s access to the appeals process. Extending court jurisdiction to the victims of FCR who are denied justice would also be discussed in the show. This program was broadcast on Express TV on Friday, June 13, 2014 at 7:05pm. Watch the program. Guest list and more information. 4. Role of FATA Parliamentarians This show discusses as to why should precious public funds be wasted on FATA parliamentarians if cannot legislate on issues relating to FATA? Alternatively, the Constitution could be changed to give parliamentarians legislative powers instead of leaving it in the hands of the President of Pakistan. This program was broadcast on Express TV on Saturday, June 14, 2014 at 4:05pm. Watch the program. Guest list and more information. 5. Access and Role of Media in FATA CRSS - FATA Hum Bhi Pakistan Express TV role of mediaPolitical parties and civil society have recommended extending PEMRA’s jurisdiction to FATA because FATA cannot establish its own electronic channels. As such they rely more on foreign media, FM radio and Pakistan State radio from the settled areas. In addition, journalists and other media have limited access to FATA and are barred from entering FATA because of the security situation and threats from the militants. And when they are inside, they are often intimidated, threatened and blackmailed by military and political agents. As a result, the reporting that comes out of FATA is unreliable and influenced by powerful actors.

This show discusses what legal and administrative reforms are needed to ensure FATA citizens’ access to media. Also, what can be done to ensure that Pakistanis outside FATA get more accurate information about what’s going on inside FATA. This program was broadcast on Express TV on Saturday, July 5, 2014 at 1pm. Watch the program. Guest list and more information. 6. Women’s Empowerment in FATA CRSS FATA Hum Bhi Pakistan Express TV women's empowerment rights PakistanThe show discusses the plight of women in FATA and tries to underline the need for treating FATA women as equal citizens. Academics, social activists and students agreed that the conservative social setup in as far as their basic rights are concerned, political representation, voting rights etc. The fact that if they are even recognized as an entity as a human being and enjoying basic rights to decision making, education, health etc. And what measures may be taken to empower them. This program was broadcast on Express TV on Sunday, July 6, 2014 at 1pm. Watch the program from Express TV. Guest list and more information. 7. Strengthening Economic Development, Education and Health Systems in FATA FATA lags behind in economic development, education, health infrastructure. Much of the funds allocated in the name of development schemes are skimmed off by officials. This show discusses possible measures for the uplift of FATA and also explores the possibility of ensuring financial transparency in development projects. How to promote education in FATA, that has one of the lowest literacy rates in Pakistan. How to improve healthcare and especially contain the spread of polio virus and steps to bring economic development to the area? During the show it is pointed out that over 80 percent of 66 polio cases until May 2014 were reported from FATA, the bulk of it coming from Waziristan. This program was broadcast on Express TV on Saturday, July 12, 2014 at 1pm. Watch the program from Express TV. Guest list and more information. 8. What is the Future of FATA? This show reviews the future status of FATA. The participants are given an opportunity to debate and discuss the means and measures required to mainstream FATA with the rest of Pakistan. This is

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considered important for not only improving the lives of the people in FATA but also to curb and deal with the problem of terrorism emanating from there. This program was broadcast on Express TV on Sunday, July 13, 2014 at 1:00pm. Watch the program. Guest list and more information. 9. Obstacles and Opponents to FATA Mainstreaming and Reforms This show focuses on whether piecemeal reforms in an oppressive system can bring socio-political change in FATA or not. It also addresses the question; why not mainstream FATA instead of doing what the forces of status quo are trying to preserve? And what is the role of the political parties in FATA where the system is founded on the draconian powers of the political agent and 35,000 Maliks who wish to maintain the status quo? Broadcast on Express TV on Saturday, July 19, 1:00pm on Express TV. Watch the program. Guest list and more information. 10. Basic Human Rights, Constitution and the FCR This show provides viewers with an overview of fundamental human rights under the FCR and offers a debate on whether clauses given under Article 247 (Administration of Tribal Areas) need further explanation for improved implementation for the welfare of the people of FATA? Are the FCR regulations and Article 247 clauses in sync with fundamental rights available to other citizens of Pakistan? In addition, the show focuses on political, civic and human rights obligations relating to FATA with the aim of highlighting the need for ensuring “Equal Citizenry” for all citizens of Pakistan – as promised in the Chapter one of the constitution; equal rights for the people of FATA being the main focus in this regard. Broadcast on Express TV on Sunday, July 20, 1:00pm on Express TV. Watch the program. Guest list and more information. Watch programs here or LIVE on Express TV. Videos always updated to include full broadcast of all Hum Bhi Pakistan programs and promos. All Videos: http://dailymotion.com/playlist/x385jn_fatareforms_hum-bhi-pakistan-fata-talk-show-express-tv

The Nation publishes E-Poll on abolishing FCR JULY 3, 2014

Published this week on the Pakistani daily newspaper website, The Nation is asking its readers if the Frontier Crimes Regulation (FCR) should be abolished in the Federally Administered Tribal Areas (FATA). The poll question also asks if new legislation, or reforms, should be introduced. As of July 3, poll results indicated 84 percent in favor of abolishing FCR and making a new legal setup for FATA. Only 10 percent were against the move. Another 7 percent were not aware of the FCR or the FATA system of administration and their impact on fundamental citizen rights there. Source: http://www.nation.com.pk/e-polls

Frontier Crimes Regulation restricts citizen rights (Aamir Usman Burki) JULY 1, 2014 The provisiosn of the Frontier Crimes Regulation (FCR) have various impacts on the social life of the people of FATA. As there is no legal machanism for the protection of social rights of the people of FATA, therefore the social rights of the people have been harshly curtailed. For this purpose, a short analysis of the social scenario of the Federally Administered Tribal Areas (FATA) must be considered. FATA has been a victim for the last sixty-five years of poor health services, which is the primary responsibility of the government to provide without any discrimination. The people are facing many problems regarding health facilities. There is also a lack of legal protection against the violation of the right to safety and health in FATA. The right to health and safety is a compulsory and essential right of every individual. Without guarantee of these rights, a person’s life remains in the danger. According to a recent study, there are 577 doctors available for the FATA population of more than four

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million people, and 280 lady health visitors (LHV) available for 1.8 million women in the tribal areas. The number of hospitals in FATA is reported to be 33 with only 302 dispensaries and 56 mother-and-child health care centers. These numbers are, without a doubt, insufficient for the size of the population. The right to health and safety of a person needs an immediate legal solution. Like health, education in the devolpment of human life and behaviour is an essential component. The current education situation in FATA is very poor because of non-protection of the universal right to access education. FATA is, of course, the poorest and the least developed part of Pakistan with a literacy rate of only 17 percent (3 percent among women). Due to non-existence of an accurate or appropriate legal framework, basic fundamental human rights are not being protected in FATA. According to a report of the Human Rights Commission of Pakistan (HRCP), about 650 schools remain nonfunctional in FATA due to the threats of militant organizations. Education can play a very important role in building up a society. Heceforth, the right to education needs strong legal protection, because the right to education is not established yet as a right for the people of FATA. The situation is the same regarding the right to organize, associate and deal (negotiate) collectively. These important rights are restricted severely by provisions of the FCR as citizens are held and dealt with at the mercy and whims of the political agent. The right to organize and deal collectively is traditional and hereditary in Pakhtun tribal society. Previously, the tribes of FATA had exercised this right for a long time ago, although without any legal protection. But under the rule of the political agent, these rights are strictly curtailed and no legal protection or recourse is provided by the FCR, currently regulating administrative and legal life in FATA. By Aamir Usman Burki, Tank, Government Collegu University (GCU) Lahore | Source: http://fatareforms.org/2014/07/01/frontier-crimes-regulation-restricts-citizen-rights-aamir-usman-burki/

Experts and citizens for abolishing FCR in FATA JUNE 29, 2014

Former ambassador Ayaz Wazir urged the need for political, legal and administrative reforms by abolishing the colonial-era law. ISLAMABAD: Peace will continue to elude the Federally Administrated Tribal Areas (FATA) unless the draconian Frontier Crimes Regulation (FCR) is done away with. This was the consensus among speakers at a discussion titled on “FCR – need for reforms, challenges and way forward”, organised by the Centre for Research and Security Studies here on Saturday. The speakers said that an increasing number of FATA residents were joining hands to demand abolition of the FCR as the state’s apathy towards the protection of their fundamental rights was creating feelings of deprivation among them. Despite political consensus for reforms, the implementation failure represented a formidable challenge for bringing political, legal and administrative reforms in the tribal areas, they said. Ajmal Wazir of the Pakistan Muslim League-Q and member of the Political Parties Joint Committee on FATA Reforms said that in December 2013, the reforms committee, with representation from 10 different political parties, reached a consensus on an 11-point agenda for reforms in FATA by giving more legal, political, democratic and constitutional rights. He said the committee had demanded basic rights for all tribal citizens by amending Article 247 of the constitution. The committee had also asked that legislation rights be transferred from president to parliament besides holding local bodies elections, he said, adding that none of the recommendations were implemented. Former National Assembly deputy speaker Faisal Karim Kundi said that all those who vouch for FCR reforms needed to sit on a single platform to build

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pressure for the abolition of draconian laws. Kundi also reiterated his party’s support for FATA reforms through moving a private member’s bill in the national assembly. ANP Senator Afrasiab Khattak suggested that Fata residents be taken on board while deciding the fate of the region. He also stressed the need for making the local government system functional in the area besides greater budget allocations. Former MNA Ayesha Syed said peace could not be ensured in the area without abolishing the FCR, which she said, was in contravention of the constitution. “Funds allocation for FATA is not at par with other provinces,” she said. “The FCR doesn’t even recognise social and political emancipation of women, what to talk of property and inheritance rights,” Ayesha said. FATA Lawyers’ Forum President Ijaz Momand said that there was a dire need to amend article 247 of the constitution. “Article 247 may either be abolished or reformed immediately,” he said, adding that a bill for reforming the article could be presented in parliament. Former ambassador Ayaz Wazir also urged the need for political, legal and administrative reforms by abolishing the colonial-era laws. “The way forward for reforms in FATA is a consensus and support from all political parties”, he said, adding that FATA residents must also decide whether they want to be merged with Khyber-Pakhtunkhwa or to become a separate province. Political Consensus Must for FCR Reforms Peaceful and prosperous Federally Administrated Tribal Areas cannot be ensured without abolition of the draconic FCR. An increasing number of FATA residents are joining hands to demand the abolition of the FATA regulations as well as annulment or comprehensive amendment in the Article 247 of the constitution. States’ apathy towards FATA Residents’ longstanding demands for the protection of their fundamental rights by the constitution of Pakistan instead British colonial laws is nurturing the feeling of second citizens of Pakistan among them. Despite the mainstream political consensus for the reforms, the implementation failure represents a formidable challenge and demands practical steps towards political, legal and administrative reforms. These were the notions expressed by the speakers during the discussion “FCR: Need for Reforms, Challenges and Way Forward” organized by the Center for Research and Security Studies in Islamabad on June 28, 2014. The speakers from diverse backgrounds included Mr. Afrasiab Khattak, Mr. Faisal

Karim Kundi, Mr. Ayaz Wazir, Mr. Ajmal Wazir, Ms. Ayesha Syed and other experts on the theme. Mr. Ajmal Wazir from PML-Q and also a member of the Political Parties Joint Committee on FATA Reforms said that the FATA reforms committee which was formed in 2010 with the representation of 10 different mainstream political parties, reached a consensus on 11 points agenda for reforms in FATA in December 2013 and demanded that, like people of other areas of the country, the people of FATA be given legal, political, democratic and constitutional rights. The committee through its 11 points reforms agenda, demanded that peace should be maintained in FATA and basic human rights provided to all tribal citizens through an amendment to Article 247 of the Constitution; additionally, the committee asked that legislation rights be transferred from president to parliament, local body elections in FATA be held, a comprehensive development and economic package be announced, the people be entrusted with the right to decide the future of FATA, FATA be brought under the purview of Pemra and the media be given access to FATA, jirga system should be made more democratic and independent, Actions in Aid of Civil Power Regulation should be abolished, the powers of the administration and the judiciary should be separated, citizens should not be deprived of their properties, the law of inheritance be implemented and the Khasadar and Levies forces be made more professional. He said that the committee also had meetings with political parties’ leadership and the media briefings they hold to build up consensus on their reforms recommendations. Mr. Faisal Karim Kundi, Former Dy. Speaker, National Assembly said the all the FCR reforms activists needed to gather at one platform to mobilize bottom up pressure for the abolition of these British colonial draconic laws for the political, administrative and legal reforms in FATA. Mr. Kundi also ensured his party’s support for FATA reforms while stressing the need for moving private member bill for FCR reforms. Senator Afrasiab Khattak suggested that the process to decide the fate of FATA should be inclusive and FATA residents should be the one to make a choice and take decision for the better tomorrow of FATA. He said that despite the political consensus for FCR reforms, there is a dire need for more mobilized efforts for bringing in reforms. He further underpinned the need for working local govt. system, better funds allocation for FATA besides reviewing the services quota. Ms. Ayesha Syed, a well-known Politian and former member of National Assembly from (JI) said that peace in FATA cannot be ensured without the abolition of black laws of FCR which are contrary to

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the modernity. “Funds allocation for FATA is not at par with the other parts of the country”, she said while adding that the poor system of education required urgent attention from those at helm keeping the very limited opportunities for the youth of FATA to channel their energies for contribution to and participation in the national social-political life. “The FCR doesn’t even recognize the social and political emancipation of women, what to talk of property and inheritance rights?”, Ms. Ayesha said. Mr. Ijaz Momand, President FATA Lawyers Forum said that there was a dire need for the comprehensive amendment in the article 247 of the constitution of Pakistan which stated FATA as a part of Pakistan but practically its looks the opposite due to the lack of serious political will for FCR reforms. “Article 247 may either be abolished or reformed immediately”, he said while adding that the Article 247 bill should be presented in the parliament. He further stated that the States’ apathy towards FATA Residents’ longstanding demands with regard to the protection of their fundamental rights by the constitution of Pakistan instead British colonial laws is nurturing the feeling of second citizens of Pakistan among them. Mr. Ayaz Wazir, Former Ambassador, while concluding the discussion, urged practical steps in terms of mainstreaming the need for political, legal and administrative reforms and abolition of the British colonial laws in the best interest of the people of FATA. “The way forward is support from all the political parties and the political consensus”, he said while adding that the people of FATA must decide what did they need whether the abolition of FCR and article 247, merger with KP, independent province or the implementation of the constitution of Pakistan. Source 1: http://tribune.com.pk/story/728540/peace-in-fata-speakers-for-abolishing-fcr Source 2: http://crss.pk/story/6340/political-consensus-must-for-fcr-reforms/

Military action spurs debate on FATA status JUNE 22, 2014 ISLAMABAD: The recent military action in FATA has spurred a debate about the future status of the tribal regions that have suffered gravely in the war on terror and have always been an area of unrest since the colonial days. Majority of the natives, politicians and political analysts are urging the government to abolish Frontier Crimes Regulations and integrate the tribal regions with KP province once military vanquishes the militants. FATA’s governing act, the Frontier Crimes

Regulation (FCR), has been heavily criticised as being a “draconian law.” Under the FCR, the Jirga system is provided as the mean of judicial authority in the area. While the Jirga is not mentioned by name in the statute, a system of “tribal elders” is expected to sit in on disputes of a judicial nature. However, these tribal elders sit in under the authority of the political agent who is the administrative authority in his own agency, meaning that the political agent is the final judge in every Jirga decision. This leads to a warped separation of powers, breaching article 175(3) of the constitution, which provides that the judiciary must sit separate to the executive. The FCR allows for the confiscation of property and the arrest/detention of individuals without due process. Additionally, according to the constitutional status of FATA, the Supreme Court’s jurisdiction does not cover FATA, thus, the court, expected to protect the fundamental rights of citizens of Pakistan, cannot protect the rights of FATA’s citizens. However, talks about reforms are under way and in 2011, amendments were made to the FCR. One such amendment was to give the FATA Tribunal, an appeals body to Jirga decisions, more independence. “Such reforms are useless unless one actually educates the tribesmen about them,” said Mansoor Khan, an official of FATA Research Centre. The changes required are not those merely made on paper. He argues that such reforms never go past the ink used to write them, and that practical reforms need to be made. Jirgas according to Khan are no longer operational as they are under the influence of different parties, such as the militants. These parties have their own agenda and do not look at the interests of the affected people. He states reform itself is an extremely difficult task in FATA. With the area being a war-zone, half of the population is internally displaced and this situation makes reforms difficult. Only when the militancy ends and law and order is properly established, allowing IDPs to return to their homes, reforms can be effective. In regards to the effect on the Jirga, Khan states that it is a part of Pashtun culture and whether one looks at it from the angles of the FCR Jirga or the Qaumi Jirga, it is just a cheap and speedy method of justice as compared to long and expensive court procedures. However, in order to make it effective, the law and order of the area must be set and militancy should end; only then can the Jirga play a successful role. In regards to proposed reform, Khan stated that right now, proposals as to the abolishing of the FCR, or the question of a separate province are not essential.

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Without infrastructure or a coherent bureaucracy, such reforms have no effects. The real issue at hand is militancy. According to Latif Afridi, a Peshawar-based lawyer, the FCR was created to subdue the tribesmen of FATA. Its continuance has proven to be a major mistake and is the source of all the major issues present in FATA. It proved to be ineffective in governing the area properly and due to this inadequacy the people of FATA have suffered terribly in the war on terror. Some 1,300 tribal elders have been killed, 50,000 homes have been destroyed by Taliban attacks, and 85 per cent of the Mesud tribe now consists of IDPs. Educational institutes, hospitals, roads and bridges have been destroyed and not reconstructed. By abolishing the FCR, merging FATA with KP, and giving special packages to the tribesmen, FATA can be mainstreamed into the rest of Pakistan. In regards to FATA merging with KP, Latif Afridi proposes the formation of an effective executive and judicial network which enforces the writ of the government. Along with this, there must be a very detailed policy that will help in returning peace to the area and rehabilitating the tribesmen. Afridi argues that the Jirga is a permanent institution of the Pashtuns and criticises the FCR for disfiguring the Jirga. With political agents and elders in the FCR Jirga taking bribes, people no longer trust the Jirga. He says that even after reforms, the Jirga will always be present. After such reforms take place, he proposes that the Jirga be used as a form of alternated dispute resolution, and should be formalised by the government. An option should be provided that allows one to opt for the Jirga when court proceedings take too long, as this will be a faster way of providing justice and a proper check and balance system be put in place to govern this Jirga, Afridi proposes. Source: http://www.nation.com.pk/islamabad/22-Jun-2014/military-action-spurs-debate-about-fata-s-future-status

War on the border and FATA reforms ignored JUNE 22, 2014 It seems odd that the entire nation is focused on the tribal areas and almost nobody is working on solutions to the root causes. How can it be that so many people agree that the governance vacuum created by 114 years of neglect is

the cause of ongoing violence, yet no one seems capable of enacting and implementing real change for the better in FATA? Can it really be that the status quo is so strong? Is it so that the corrupt economic stakeholders pull all the strings in the parliament and the presidency? It seems unfair. It seems unrealistic. Logic and experience states that wholesale economic, legal and political reforms are necessary to give FATA people equal rights and ensure their role as equal and valued citizens of Pakistan. Without serious steps in that direction, how can anyone imagine that a peaceful future lies ahead? The time has come for political parties and citizen groups to hold themselves, their leaders and all Pakistanis accountable for a free and democratic future for our tribal areas. 100 years is long enough. Either FATA is part of our country or it isn’t. Define it, prove it, include them in our nation. The time is now. Source: http://fatareforms.org/2014/06/22/war-on-the-border-and-fata-reforms-ignored/

KP and FATA lawmakers join to fight for rights JUNE 15, 2014 In a rare move, the members of parliament (MPs), belonging to militancy-hit Khyber Pakhtunkhwa and Federally Administered Tribal Areas (Fata), representing all mainstream political parties have joined hands to fight for the rights of their province and the tribal areas above their political divide, it was learnt. The parliamentarians who attended a recently held meeting at Islamabad Club were from the ruling Pakistan Muslim League-Nawaz (PML-N), Pakistan People’s Party (PPP), Pakistan Tehreek-e-Insaf (PTI), Jamiat Ulema-e-Islam-Fazl (JUI-F), Awami National Party (ANP), Jamaat-i-Islami, Qaumi Wattan Party (QWP) and those representing the tribal areas in the parliament. The initiative was first taken by JUI-F’s Akram Khan Durrani and ANP’s Haider Khan Hoti – two former chief ministers of the KP – and PTI’s MNA from Kohat Shehreyar Afridi. Sources privy to the development said that the first meeting held on June 5 was attended by majority of the members of the National Assembly and Senate from Khyber Pakhtunkhwa and Fata. Prominent among others, who discussed the challenges and problems being faced by the people of

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KP and Fata were JUI-F chief Maulana Fazlur Rehman, QWP’s Aftab Ahmad Khan Sherpao and ANP’s Haji Mohammad Adeel. A committee was set up on the occasion. It is headed by JUI-F chief Maulana Fazlur Rehman and its members include PML-N’s Ibadullah and Shahabuddin, PPP’s Senator Ahmad Hassan and Rubina Khalid, ANP’s Haji Adeel and Haider Hoti, PTI’s Shehreyar Afridi and Dawar Kundi, Jamaat-i-Islami’s Tariqullah, JUI-F’s Akram Khan Durrani, QWP’s Aftab Sherpao and Fata’s Sajid Hussain Turi and Shah Jee Gul Afridi. The committee held its first meeting on June 10 at Maulana Fazlur Rehman’s Parliament House’s chamber, in which it was decided that the forum would actively raise in the parliament and with the federal government the alleged injustices being meted out to the war-torn KP and tribal areas. The sources said that the meeting also expressed serious concern for allegedly neglecting the KP and Fata in the federal budget and it was decided to press the government for the allocation of more funds for the development projects in the militancy hit areas. The sources further said that they have also agreed to work together for bringing reforms in the Frontier Crimes Regulation (FCR) and amending Article 247 of the Constitution. To amend the Article 247, representatives of various political parties are already in touch who have proposed that jurisdiction of the Supreme Court of Pakistan and Peshawar High Court Peshawar be extended to ensure the protection of the fundamental rights of more than 10 millions inhabitants of Fata. They noted that Fata, being in the grab of more than century old draconian law, called “FCR 1901?, promulgated by the British Imperialism for their own vested interests, has declared immune from the jurisdiction of Constitutional Courts, i.e. High Courts and Supreme Court of Pakistan through Article 247(7). By Ali Hussain | Source: http://www.brecorder.com/top-stories/0/1192942/

LOCAL GOVERNMENT FATA local bodies needed for development OCTOBER 20, 2014 MOHMAND AGENCY: FATA youth policy and FATA local government regulation are the need of the day. The Mohmand Youth Council.demands that draft FATA youth policy and FATA local government regulation 2012 should be enacted on priority basis for FATA and youth development. FATA youth policy and FATA local government regulation is the burning need of the day. The draft FATA youth policy and FATA local government regulation 2012 should be enacted on priority basis for FATA and youth development. These are the demands the youth put and emphasized during a consultative meeting of the leading political parties’ candidates and youth of Mohmand Agency, organized by Society for Human and Institutional Development (SHID) with financial support of Citizens’ Voice Project (CVP) at Mohmand Press Club Ghallanai Mohmand Agency. SHID has started advocacy campaign on above mentioned draft policies for the development of youth of FATA under a project titled “Initiative for Change through FATA Youth Development”. SHID is organizing meeting of youth with Political Parties, Media Persons, FATA Secretariat, and other major stakeholders to emphasize the need of enactment of both the draft policies for the brighter future of FATA youth. Some days back the meeting of youth with leading political parties candidates took place in which all the political parties candidates including Farooq Afzal (President PPP), Shakil (leader PMLn), Naveed Khan (D.G.S Jumat E Islami), Mohammad Arif (Prsident JUI) and other endorsed the immediate need of policies enactment and assured youth to extend their support to play active role in advocacy campaign to bring the youth of FATA into competitive environment in the developmental run. During the meeting all the political parties’ candidates committed to arrange the youth meetings with their respective parties top level leader ship for further youth support. They also appealed the relevant policy makers and Governor KP/FATA to include the charter of youth demands into the draft youth policy and implement it immediately in the best interest of FATA youth. Mr. Ijaz Mohmand (President FATA Lawyers Forum and Resource Person of the event) told that “youth is the cream of society and FATA youth can bring its territory into light from the existing dark if they are provided opportunities for exploitation of their talent”. He added that this is the time to push youth

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and provide them a participative environment for better future of FATA. He also appreciated the struggle of youth and advised them to build a strong youth team over FATA for raising youth voice more effectively. Source: http://www.fatavoice.com/details/LG-act-demand-for-Fata-development.html

COURTS AND JUSTICE FATA lawyers blast govt for challenging High Court verdict AUGUST 18, 2014 Peshawar High Court FATA Judgment Analysis on FATA JurisdictionPESHAWAR: The Fata Lawyers Forum (FLF) has vowed to resist the move of the federal government against the extension of superior courts’ jurisdiction to the Federally Administered Tribal Areas (Fata). The federal government has challenged in the Supreme Court the decision of the Peshawar High Court (PHC), advising the parliament to amend Article 247(7) of the Constitution in order to extend jurisdiction of superior courts to Fata. FLF president Ijaz Mohmand told The News on Sunday that the attitude of the Pakistan Muslim League-Nawaz (PML-N)-led federal government towards the people of Fata was condemnable. “First Governor Sardar Mahtab Ahmed Khan formed reform commission of bureaucrats for the ‘Reforms Package’ without inclusion of the real public representatives of the Fata and now the federal government had challenged the PHC verdict,” he said. Complete summary and analysis of the Peshawar High Court judgment at the following link: http://fatareforms.org/peshawar-high-court-fata-judgment-analysis FLF secretary general Taj Mahal Afridi deplored that the federal government had recently filed an appeal in the SC against the PHC verdict. He claimed that both the Peshawar High Court Bar Association (PHCBA) and Supreme Court Bar Association (SCBA) had also passed unanimous resolutions in favour of extending the jurisdiction of superior courts to Fata. However, the FLF president and secretary general hailed the Pakistan People’s Party (PPP) Senator Farhatullah Khan Babar to move a bill in the Senate last week for extending the jurisdiction of the Peshawar High Court and the Supreme Court to the tribal areas for protection of fundamental rights.

The petition has been filed with the apex court by office of the attorney general, seeking leave to appeal against the PHC order about Article 247 (7) of the Constitution which deals with the administration of tribal areas. So far, under Clause 7 of Article 247 of the Constitution, the Supreme Court and High Courts are barred from exercising jurisdiction in the tribal areas. The bill seeking to amend the Constitution, after admitted by the Senate, was referred to the Committee of Law for examination and report. According to the preamble of the Bill, the tribal areas under Article 1 (2) of the Constitution were part of the territory of Pakistan. Its people are therefore entitled to equal protection of rights but by ousting the jurisdiction of the superior courts, Article 247 (7) was a ‘grave impediment’ in the way of the tribal people in securing their fundamental rights. The Khyber Pakhtunkhwa Assembly had also passed a unanimous resolution in May 2012, urging the federal government to adopt human rights protection measures for the tribal people by deleting Clause (7) of Article 247. In April this year, a larger bench of the Peshawar High Court had also advised the parliament for suitable amendments in Article 247(7), which the federal government challenged in the apex court. By Akhtar Amin | Complete summary and analysis of the Peshawar High Court judgment at the following link: http://fatareforms.org/peshawar-high-court-fata-judgment-analysis Source: http://www.thenews.com.pk/Todays-News-2-267729-Fata-lawyers-blast-Centre-for-challenging-PHC-verdict

Peshawar High Court FATA Judgment Analysis AUGUST 12, 2014 Peshawar High Court FATA Judgment Analysis on FATA JurisdictionSummary and analysis of the Peshawar High Court (PHC) judgment regarding FATA jurisdiction of the higher judiciary of April 2014, entitled Abdul Bari and Others vs. Director Livestock, Dairy Development FATA Secretariat and Others (W.P. No. 1741 OF 2012). In addition to the complete PHC judgment sheet, annexes include a complete list and summaries of all case law on FATA. Report by Kamran Arif and Muhammad Raza. Implications for the Reform Process in Pakistan’s Federally Administered Tribal Areas (FATA) Executive Summary

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Article 1(c) of the Constitution of the Islamic Republic of Pakistan defines the Federally Administered Tribal Areas (FATA) as part of the Republic’s territories in addition to the four provinces of Balochistan, Khyber Pakhtunkhwa, Punjab, Sindh and the Islamabad Capital Territory. Chapter 1 (Articles 8-28) of the Constitution guarantees Fundamental Rights to the citizens in the territories of the Republic. The Fundamental Rights, inter alia, include the security of person, safeguard as to arrest and detention, the right to fair trial, freedom of movement, assembly, association, speech, and equality of citizens. Article 8 of the Constitution provides that any law, custom or usage having the force of law, which is inconsistent or in derogation of the Fundamental Rights is void.[1] In contrast to the spirit of the Constitution and the Fundamental Rights contained therein, there exists no judicial forum for the enforcement of Fundamental Rights in FATA. Justice in FATA is dispensed through a quasi-judicial system in accordance with the provisions of a colonial law known as the Frontier Crimes Regulation (FCR) 1901. The FCR concentrates all judicial and executive powers in the office of the Political Agent/Deputy Commissioner, a senior civil servant of the federal government. In contravention of due process of law, citizens in FATA have no right to fair trial and have little safeguard against arbitrary arrest and detention. Because of its geographical proximity to Khyber Pakhtunkhwa, , the people of FATA often approach the Peshawar High Court (PHC) for the enforcement of their Fundamental Rights, despite the bar of jurisdiction of the High Courts under Article 247(7) of the Constitution. Several petitions relating to FATA were filed in the PHC during 2013 and 2014, related to four broad categories: 1) illegal detentions by political agents in FATA, 2) service matters of the employees working in FATA, 3) contract matters, and 4) Fundamental Rights. In order to address these petitions in accordance with constitutional provisions, the PHC constituted a “larger bench” for the hearings. The Court also appointed seven eminent amicus curiae to assist it on eight specific points. The Court, after hearing arguments from counsels for the parties and submissions of the amicus curiae, wherein all the previous judgments of the superior courts were exhaustively discussed (see annex for details), considered the matter and passed its judgment on April 7, 2014. The judgment highlights the contradictions in the enforcement of Fundamental Rights and safe administration of justice in FATA. The Court arrived at the conclusion that it has no jurisdiction in areas that constitute FATA except in relation to the terms and conditions of service of the civil servants, development contracts and detentions that violate Section 86-A of the Criminal Procedure Code of Pakistan. The Court also considered at length the issue of the enforcement of Fundamental Rights

by the citizens of FATA and as the High Court has no jurisdiction in FATA, such rights were merely symbolic. The Court, therefore, deemed it appropriate to advise the legislature to extend the jurisdiction of the Peshawar High Court to the territories of FATA so that residents therein are able to enforce their constitutionally guaranteed rights. The Constitution represents the national consensus on rights and governance issues and is arrived at strictly through political processes. It is, therefore, only appropriate that such a major shift in the governance/administration of justice is achieved through legislative means, which in turn would represent a political consensus. The High Court, therefore, in its judgement emphasized the legal and moral ground for the extension of jurisdiction of the High Court to FATA and passed on the responsibility to the government and the Parliament to take effective measures and make the enforcement of Fundamental Rights a reality for the people of FATA. Source and complete report: http://fatareforms.org/2014/08/12/peshawar-high-court-fata-judgment-analysis/

Court seeks reply from FATA Secretariat on closure of radio stations OCTOBER 20, 2014 PESHAWAR: The Peshawar High Court (PHC) has sought reply from the Fata Secretariat in a writ petition filed against closure of three FM radio stations in the tribal areas and sacking of the staff as a result. The former employees of the FM radio stations, including Yaqoob and others, had challenged closure of the FM radio stations in Miranshah and Razmak towns of North Waziristan and Khyber Agency. The petitioners’ lawyers, Abdul Latif Afridi and Jehanzeb Khan, submitted before the two-member bench headed by Justice Musarrat Hilali that the radio stations were established in 2004 for peace and development in the militancy-hit tribal agencies. They said up to 56 people were on job in the FM radio stations in Fata as they were successfully running these radio stations. They informed the bench that the basic aim of the radio stations was to educate the people of Fata through informative programmes, talk-shows and inform them about current affairs and news. It was submitted that the entertainment programmes were also provided to the terrorism affected people of Fata through these radio stations as FM Radio was

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the only source of information for the people of Fata. They said the radio stations closure rendered several people jobless. Source: http://www.thenews.com.pk/Todays-News-2-279060-Closure-of-radio-stations-Court-seeks-reply-from-Fata-Secretariat

FATA ADMINISTRATION FATA additional chief secretary replaced OCTOBER 16, 2014 PESHAWAR: The provincial government has replaced additional chief secretary Fata, Arbab Mohammad Arif with secretary sports and tourism Mohammad Azam Khan, and posted the former as commissioner Hazara, according to a notification issued here the other day. Abid Ali has been posted as secretary sports in place of Azam Khan. Mohammad similarly, Ali Shazada has been posted as secretary RRS, Alamgir Shah as special secretary establishment, while Kamran Shah has been posted as special secretary local government & rural development department. The change of guards at the Fata Secretariat has been in circulation for quite some time, but officials say Governor Sardar Mahtab Ahmad Khan wanted to take his time to understand the situation before introducing major bureaucratic reshuffle. Azam Khan has also served as political agent of South Waziristan and Kurram Agencies, deputy commissioner and commissioner of Peshawar, and secretary home & tribal affairs department. He also worked as managing director of Sarhad Development Authority and Khyber Pakhtunkhwa Tourism Corporation. Officials said that the governor wanted to introduce massive reforms in the Fata administrative system and bring more transparency in its financial and development management. Arbab Mohammad Arif, a senior DMG officer, has served as secretary home & tribal affairs department as well as political agent of Khyber and North Waziristan. Source: http://www.dawn.com/news/1138340/fata-additional-cs-replaced

FATA agencies get new political agents OCTOBER 2, 2014

The government has issued the notification of transfers and promotions of nine officers including two deputy commissioners (DCOs) and four political agents. Following are the new stations and portfolios of the officers: Riaz Mehsood is appointed is the new DCOs of district Kohat who was Political Agent of Kurram Agency Amjad Ali Khan is appointed as new political Agent of Kurram Agency who was serving as DCO Kohat DCO Malakand M Yahya Akhonzada will take charge as Political Agent of Bajaur Agency Additional Sectretary Admin FATA M Zubair will be the new Political Agency of Orakzai Agency Chief economist P&D Atif Rahman has sent North Waziristan as political Agent of the Agency. Translated from Urdu, Mashriq (front page), http://fatareforms.org/2014/10/02/fata-agencies-get-new-political-agents/

ECP and govt fail to hold polls in Kurram after one year SEPTEMBER 29, 2014 Pakistani soldier Taj Mohammad stands guard near the road in Sadda PESHAWAR: The Election Commission of Pakistan (ECP) and political administration of Kurram Agency have not yet even decided to hold polls on National Assembly seat, NA-38, which has been lying vacant for more than a year. The polls on the seat were postponed after a bomb blast at the election rally of Jamiat Ulema-i-Islam-Fazl candidate Munir Khan Orakzai in Parachamkani on May 7, 2013. The ECP is passing the buck to political administration and civil secretariat Fata to give it a security clearance before announcing schedule for polls on the vacant seat. Officials in the secretariat say that ECP is supposed to seek report about prospects of holding elections in the area. An official in the ECP regional office in Peshawar, when approached, said that ECP would conduct polls in NA-38 once it received security clearance report from the authorities concerned. He said that law and order situation had been discussed with officials of the law enforcement agencies, chief secretary of Khyber Pakhtunkhwa and political administration. They did not give security clearance, added. Former tribal lawmaker says security is not an issue in NA-38 as situation is normal

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“The ECP can’t assess security situation in a constituency on its own and has to depend upon local administration for analysing the situation,” the official said. He stated that the issue had been discussed with the relevant quarters several times and their (officials) opinion was that security situation was not fit for conducting elections in NA-38. According to Law and Order Secretary Shakeel Qadir, ECP was supposed to ask civil secretariat to analyse security situation in the area for holding elections. He said that the last meeting was held in February and prospects of polls were discussed. After that meeting ECP never sought report from civil secretariat or political administration about situation in Kurram, he said. “Secretariat will analyse security situation whenever required,” he said. The bomb explosion at the election rally had left 25 people dead while over 70 others had suffered injuries. Following the incident, security forces launched operation in Parachamkani, east of Parachinar to clear the area of militants. Military operation and large scale displacement from the area forced ECP to postpone elections in NA-38, which encompasses of central subdivision and parts of lower subdivision of Kurram valley. The number of registered voters in the constituency is 156,330. The government writ in lower and central subdivisions of Kurram has been restored and law enforcement agencies have concluded combat operation in central parts of the valley last year. The internally displaced persons (IDPs) are going back to their homes. Officials in Fata Disaster Management Authority (FDMA) said that 100 per cent IDPs had gone back to Parachamkani. According to the data, 49 per cent of the IDPs had returned to Alisherzai, 56 per cent to Masozai and 18 per cent to Zaimusht areas in central Kurram. They said that 8,213 displaced families, among them 4845 families living in New Durrani Camp in lower Kurram, were waiting for returning to their homes in central Kurram. Munir Orakzai, who had won polls from this constituency in 2002 and 2006, told Dawn that the area had been secured and administration was likely to give security clearance report to ECP to conduct elections in NA-38 after Eidul Azha. “Security is not an issue in NA-38 and situation is normal,” he said, adding chief secretary of Khyber Pakhtunkhwa would probably get briefing about law

and order situation in Kurram and ECP would get green signal for conducting polls. Mr Orakzai said that some of the IDPs had returned to their homes and the remaining, like dislocated people of other tribal agencies, could be facilitated in camps to cast their votes. By Zulfiqar Ali Source: http://www.dawn.com/news/1135028/ecp-admin-fail-to-hold-polls-in-kurram-even-after-one-year

Accountability of FATA political agents a pipe dream (Zulfiqar Ali) SEPTEMBER 10, 2014 PESHAWAR: The Khyber Pakhtunkhwa Governor’s Secretariat may have taken a step after decades to hold political agents of the Federally Administered Tribal Areas (Fata) accountable for their expenditure yet the long-awaited move is ineffective so far as the proposed monitoring system exists on paper only. For long, the duty on millions of rupees worth of goods entering Fata daily hasn’t been open to audit. This often leads to the charges of corruption, misuse of power and embezzlement of funds on part of the political administration in the tribal region. Also read: In Fata: Structural subjugation Euphemistically called the Agency Political Welfare Fund (APWF), the funds give immense discretionary powers to the political agents, who are the sole arbiters of how and where they should be spent. Mechanism to monitor expenditure exists on paper only The Khyber Pakhtunkhwa Governor’s Secretariat had issued notification on April 14, 2014 asking the Civil Secretariat Fata to put in place a monitoring system that may open transactions and transfer of the APWF funds to scrutiny. The new mechanism after long deliberation was introduced to ensure transparency in the use of funds. However, for a move that took more than six decades to make the political administration accountable, there are still lacunas in the monitoring system that leaves it open to exploitation. The National Accountability Bureau (NAB), which will oversee the implementation of the monitoring system

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has reservations that the rules still leave room for embezzlement, especially when Rule No 5 says, “However, in case of political expenditure, payment to informers and security related expenditure, the identity of the recipients shall not be mentioned/disclosed.” “Rule No 5 regarding the expenditure of payments to informers and security related expenditure be reviewed as there is a possibility of embezzlement in the exercise,” suggests a NAB letter to the NAB additional director. The letter says ‘a percentage of funds’ should be determined for such payments rather than leaving it open to discretion of authorities. The NAB officials had to intervene after reports came about the alleged misuse of the APWF money collected through rahdaris in various tribal agencies, especially in Khyber Agency. The issue was taken up with the Governor’s Secretariat and the federal Ministry of State and Frontier Region to prepare mechanism for collection and use of the APWF money in order to stop leakages and embezzlement. When contacted, Fata law and order secretary Shakil Qadir said the matter was discussed during the monthly conference of political agents in Peshawar on Thursday. He said the governor’s order was in the implementation stage and process had been started during current financial year. The secretary admitted there were minor hindrances in the execution of the order. He, however, hastened to add that the secretariat was implementing it. Ironically, the governor’s order has not been fully implemented and old procedure is still in place. Recipients of rahdaris are directly depositing money in the official account of respective political agent or directly pay cash to political moharrar. In background interviews, businessmen in Khyber, Mohmand and Bajaur agencies told Dawn that they had been depositing cash in the official account of the relevant political agents and not through crossed cheques. Traders in Parachinar, the Kurram Agency headquarters, said they paid cash to the relevant political moharrar for permits or rahdaris. According to the notification, PAs and DCs shall print machine readable or tamper proof permits/rahdaris in a number (with S. No.) details of which shall be communicated to civil secretariat on monthly basis

along with monthly reconciled statements of receipts and expenditure. However, political authorities and relevant DCs are still issuing permits and rahdaris on ordinary papers, which, officials in NAB said, could be tampered with easily. Rule 3 of the notification says the political agent/deputy commissioner (Frontier Regions) shall print machine readable or tamperproof permits/rahdaris in a number details of which shall be communicated to Civil Secretariat Fata on monthly basis along with monthly reconciled statements of receipts and expenditure. The receipts books according to the notification having triplicate foils duly signed and stamped by political agents or his nominees be provided to the in charge of all check posts in the tribal agency. “Mode of receipts shall be bank deposits and expenditure through crossed cheques duly supported by vouchers, if any. However in case of political expenditure payment to informers and security related expenditure, the identity of the recipients shall not be mentioned or disclosed,” said the notification. According to the directives, monthly receipt and expenditure statements shall be furnished to the additional chief secretary of Fata on a format prepared by the Civil Secretariat which will be placed before the Khyber Pakhtunkhwa Governor through the provincial chief secretary. It said the sector wise expenditure register shall be maintained having detail of expenditure duly signed by the PA/DC and that the monthly receipt/expenditure statement should include comparative statement of three months. By Zulfiqar Ali | Source: http://www.dawn.com/news/1130253/accountability-of-fata-political-agents-a-pipe-dream

Counting FATA (Rahimullah Yousufzai) JULY 26, 2014 As the number of the internally displaced persons (IDPs) from North Waziristan registered upon reaching Bannu rose to nearly a million on July 15, the question that came first to one’s mind concerned the actual population of this troubled tribal region. The delay of 16 years in holding a census in Pakistan is one reason for the government’s inability to obtain accurate population figures and come up with credible estimates. There are also question marks

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regarding the reliability of the 1998 census, particularly in remote and poorly governed places like North Waziristan and the rest of the Federally Administered Tribal Areas (Fata). One must ask if we really know Pakistan’s true population even though we are aware it would be at best an estimate in absence of a proper census – 160, 180 or 200 million depending on the population growth rates or are we wide off the mark? It is now absolutely necessary to complete the census that had been started despite political problems so that Pakistan is in possession of reliable population data. In view of the speed with which the registration process in Bannu and Peshawar was proceeding, it wasn’t surprising that the number of the registered IDPs kept growing steadily until it reached 992,649. A total of 90,750 families were registered and all this while the verification process through Nadra was also in progress. The number of verified families turned out to be roughly half of the total number of IDPs who were registered. Those who couldn’t be verified didn’t possess the national computerized identity cards or possessed double SIMs cards needed to receive the cash assistance announced by the government. Thousands of cases of duplication were detected during verification. Apart from genuine cases and technical glitches, there were also many instances of dishonesty as the displaced families tried to exploit the situation through multiple registration to become entitled for more assistance than their due. This isn’t something unusual considering the decline in our values. However, those trying to manipulate the registration process ought to be forgiven after sustaining both physical and financial losses due to dislocation. No amount of assistance in cash and kind would be able to compensate the people who were uprooted for no fault of theirs. The number of registered IDPs would have gone up had the registration process not stopped on July 15. In fact, there was a rush of tribesmen who weren’t displaced to get themselves registered at Saidgi, the first checkpoint before entering Frontier Region Bannu from North Waziristan, before it was late. Under arrangements agreed between the tribal jirgas of some of the tehsils of North Waziristan and the army and the political administration, the tribes people from Razmak, Dossali, Garyoom, Shawa, Spinwam, Dattakhel, Shawal and Lowara Mandi were allowed to stay in their villages after giving their word that they wouldn’t permit militants, particularly foreigners, to hide in their areas. One can imagine how many more people would have left North Waziristan and reached Bannu if the tribal people belonging to these areas too had been ordered by the army to leave. Primarily, residents of Mir Ali,

Miranshah and Boya have become homeless and are now IDPs away from home. Many families from the remaining tehsils too have got themselves registered as IDPs without getting displaced. In fact, in certain cases, families from North Waziristan have split – with some members migrating to Afghanistan and others coming down to the settled districts in Khyber Pakhtunkhwa and beyond. Though the registration process has come to a halt, the number of registered IDPs could increase as many displaced North Waziristanis who had initially crossed over to Afghanistan are now re-entering Pakistan and are being registered at Alizai in Kurram Agency. Officials said 21,000 such Pakistanis had been registered and more could be on the way. The government, which was embarrassed when Pakistani nationals from North Waziristan started migrating to an insecure and war-ravaged country like Afghanistan, has been highlighting the return home of these Pakistanis as corroboration of its claim that they preferred staying in their own country. This is also presented as evidence that these Pakistanis left for Afghanistan temporarily as it was feasible to do so at the time due to the imposition of curfew in North Waziristan soon after the launch of the military operation on June 15 that made it difficult to travel all the way from places close to the Afghan border to reach Mir Ali onwards to Bannu. The government has also been disputing the figures of Pakistani refugees from North Waziristan who have reached the neighbouring Khost and Paktika provinces in Afghanistan as it believes a much small number migrated there and that too for reasons listed above. A heartening aspect of the return of the Pakistanis from Afghanistan via Kurram Agency was the warm welcome that they received at Alizai, a Shia town sited in the midst of Sunni villages. The returning Pakistanis were all Sunnis while those welcoming them were Shias. It goes to show that common Sunnis and Shias have nothing against each other, but those with vested interests exploit the situation and try to put them on the path of sectarian confrontation. The Afghan government has given different, and at times unbelievable, figures of the number of Pakistanis it is hosting in the aftermath of the North Waziristan military operation. Its relief operations are disorganised and unlike Pakistan it has appealed to international organisations for help after realising that it doesn’t have the resources needed to cater to the needs of the Pakistani refugees. Many tribal elders and common IDPs from North Waziristan in Bannu were initially under the impression that the Afghan government was a lot more generous than Pakistan in assisting the displaced persons, but most such assumptions proved

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untrue. In fact, it was widely believed that the Afghan government was giving $5,000 per family compared to the assistance package, both in cash and kind, of roughly $500 being provided by the Pakistan government. Maulana Fazlur Rahman too gave a statement that reinforced this impression even though he was seeking to get the Pakistan government to pay greater attention to the needs of the IDPs. The 1998 census showed that Fata’s population was 3.1 million, which in most instances didn’t include women as tribesmen were reluctant to provide this kind of information to the census officials. Estimated figures of Fata population now range from seven million (if you listen to some officials) to 10 million (as many tribal politicians and intellectuals claim). North Waziristan’s population was put at 361,246 in 1998, but it too was on the lower side. Later, its population was assumed to be half a million. With an area of 4,707 square kilometres, North Waziristan’s population in recent years was estimated at 840,000. However, these are all estimates and, therefore, not really credible. In fact, the average family size of the IDPs from North Waziristan turned out to be 13 to 14, which is much higher than the rest of Pakistan. Unless we have a proper census, we won’t know how many of us are living in this country and what needs to be done to plan better for a prosperous Pakistan. By Rahimullah Yousufzai | Source: http://www.thenews.com.pk/Todays-News-9-263990-Counting-Fata

How to register FATA complaint with federal ombudsman JUNE 24, 2014 The Federal Ombudsman resolves complaints and provides relief to the public by carrying out independent investigations into complaints about ‘maladministration ‘ in any Federal Government agency (including the FATA Secretariat and the political administration in the tribal areas). They work to put things right and share lessons learned and help improve public services as a result. Their independent complaints handling service is free and open to everyone. How does the ombudsman help? The Federal Ombudsman aims to redress public grievances as fairly and quickly as they can, after examining all facts. If they think the agency you are complaining about has already treated you fairly, they will inform you.

If they determine that the agency has acted wrongly, they will recommend the agency to put things right for you. This can include recommendations that relief may be extended to you as per the provisions in the law. How can you register a complaint? Send a letter: Federal Ombudsman Secretariat, 36 Constitution Avenue, G-5/2 Islamabad Send an email: adviser.sakhan@ombudsman.gov.pk or complaints@ombudsman.gov.pk Visit the website: http://www.ombudsman.gov.pk Once on the website, click on COMPLAINTS > ONLINE COMPLAINT or CONTACT US to register a complaint with the Federal Ombudsman against any federal institution, including the political agent, FATA Secretariat or FATA Tribunal. If any of these links do not work in future and for more information, visit the Federal Ombudsman website. Ombudsman Offices Islamabad Mr. M. Salman Faruqui, NI Wafaqi Mohtasib (Ombudsman) Secretariat, 36, Constituation Avenue, G-5/1, Opposite Supreme Court of Pakistan Islamabad – Pakistan Tele: 92-51-921-7200, 921-7201 Fax: 92-51-921-7224 E-mail: info@ombudsman.gov.pk Karachi 4-B, Federal Government Secretariat, Saddar, Karachi Tel: 92-21-99202106-7 Fax: 92-21-99202121 E-mail: wmsrok@ombudsman.gov.pk Peshawar 1st Floor, Benevolent Fund Building, Peshawar Cantt. Tel: 92-91-9211570 Fax: 92-91-9211571 E-mail: wmsrop@ombudsman.gov.pk Dera Ismail Khan House No. 5, Panyala Street, P.O. Sheikh Yousaf Chowk, Chashma Road, D.I. Khan Tel: 92-966-741561 Fax: 92-966-741566 E-mail: wmsrod@ombudsman.gov.pk

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Source: http://www.brecorder.com/pakistan/general-news/180438-fata-people-asked-to-contact-federal-ombudsman-for-complaints.html

FATA political agents misinforming Army JUNE 23, 2014 LAHORE: Rehmat Shah Afridi, Editor, The Frontier Post, has alleged that political agents are misinforming the Army about the situation in their respective areas because of their vested interests. In an interview with TheNation on Sunday, he said that the political agents were appointed by the relevant authorities against heavy amounts which they recover through corrupt practices while in office. These agents are not trusted by people and the Army should not rely on the information provided by them, he said. Tribal people are like the Army of the country and the government should talk to them directly, not through the political agents. (Rehmat Shah Afridi) He demanded that the government look into the assets of all the political agents appointed during the past 10 years. Their foreign accounts and the investments they made in Afghanistan should also be scrutinized, he said. Afridi alleged that the billions of rupees the FATA Secretariat claims to have spent in their areas were not seen on ground as the situation there was as bad as ever. The United States, Afridi said, had its own plans about the Federally Administered Tribal Areas (FATA). “They want to occupy these areas”, said the senior journalist. To translate its plans into reality, Afridi said, the US was trying to buy loyalties of the influential families. Factories were being set up with the US money on both sides of the Durand Line which would be handed over to families that could “deliver”,he added. The production of these factories would also be purchased by the US, he said. He strongly supported the military action in North Waziristan Agency. In his opinion preconditions set by various leaders that talks should be held in Islamabad with the Taliban with a VVIP protocol to them despite the fact that they did not accept Pakistan’s Constitution were insulting for the Army and other security agencies, he stated. Replying to a question, he said that Afghan President Hamid Karzai, who is on his way out after completing two consecutive terms, used to receive 4,000 a month from a Pakistani intelligence agency about three

decades ago when he lived in Quetta. Another Rs 30,000 a month were paid to him for his family, he recalled. Afridi said he himself gave him a car plus a million rupees in 1982-83 to enable him to live comfortably. He regretted that after being elected as President of Afghanistan,Karzai had forgotten all the favours Pakistan had done to him at a difficult time of his life. He alleged three prominent TV anchors, two of them Pakhtuns, were trying to portray Karzai as the biggest nationalist leader in the country. Afridi said these ‘journalists’ had been bribed by the deputy chief of the Afghan intelligence agency – NDS. Criticising these journalists, he said, they were not supposed to hold meetings with the NDS. He believed that with the election of Ashraf Ghani as new President relations between Afghanistan and President would improve in the days ahead. Now anti-Pakistan propaganda from Afghanistan would come to an end, he said. He proposed that Pakistan should meet with the new Afghan leadership at the earliest. The senior journalist said he did not believe the US would leave the resources-rich Afghanistan by the end of 2014, as being claimed at present. They would not go back even till 2044 as they have spent about $370 billion on this country, he said. Answering a question about the presence of Afghan refugees in Pakistan, Afridi said now they should not be allowed to even for a single day as they have already destroyed this country economically. These people, he said, have taken over various businesses, reducing the locals to minority. A large number of people have been rendered jobless because the Afghan refugees have monopolised various sectors, he said. In Khyber Pakhtunkhwa 70 per cent business is being controlled by Afghans, he said. In his assessment, the Afghans have investment worth Rs 200 billion in Islamabad alone. In Hayatabad, Peshawar, the Afghans are in a majority, he said. Underlining the need for sending the Afghan refugees back to their country, Afridi said the law and order situation would remain out of control as long as the ‘(unwanted) guests’ for the past three decades lived in Pakistan. “They are involved in subversive activities”, he stated. Source: http://www.nation.com.pk/lahore/23-Jun-2014/political-agents-misinforming-army-says-afridi

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FATA IDPs IDPs jirga threatens protest in Islamabad OCTOBER 16, 2014 “If the government wanted to end the tribal status of Fata and merge the tribal areas with the adjoining settled areas they should be informed under which law it would do this. He termed it a conspiracy against their independence, which was guaranteed by the Constitution.” (Habib Noor Afridi, United Tribesmen Association) KOHAT: A jirga of internally displaced persons (IDPs) from the Federally Administered Tribal Areas on Wednesday threatened to hold a sit-in in Islamabad if the federal government did not announce a time frame for their repatriation anytime soon. Speaking at the jirga held at the Company Park here, United Tribesmen Association’s vice-chairman Habib Noor Afridi regretted that after expelling them from Fata the government did not take proper care of the displaced families. He said that they were forced to live like animals in the tented camps and treated like criminals, which could not be tolerated. “We have been safeguarding the western borders of the country for about 67 years without taking any salary from the government, but the rulers have left us in sub-human conditions after the operations in Orakzai Agency, Kurram Agency, North and South Waziristan agencies, Darra Adamkhel and Bettani tribal area,” he said, adding that due to prolonged stay in camps the future of their children had been ruined. Demands plan for repatriation He said that IDPs from Kurram, Orakzai and South Waziristan agencies and Darra Adamkhel, who had no means of earning, were living in squalid tents and rented houses in Kohat and other districts of the province. He demanded that all tribesmen should be treated equally and there should be no difference in payment of compensation to IDPs of North Waziristan Agency and other parts of Fata. The jirga was attended by representatives from Fata, including former federal minister Ghazi Gulab Jamal of Orakzai Agency, retired assistant inspector general of police Rehmat Ali, Masood Malik, Hidayatullah, Attaullah and Wazir Sherpao. Source: http://www.dawn.com/news/1138336/idps-jirga-threatens-sit-in-in-islamabad

Geo Jirga program focuses on FATA IDPs (video) OCTOBER 11, 2014

Saleem Safi’s program focuses on the threat of the grand Jirga of Waziristan to stage a sit-in in Islamabad for the safe return of IDPs; Jirga called for October 26 to decide. Participants allege corrupt use of IDP funds, accuse media of not reporting on IDPs, and urge FATA people to stand together for rights. Source: http://dai.ly/x27qx5d

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FATA committee urges equal rights for IDPs JULY 28, 2014 ISLAMABAD: Ten mainstream political parties of the country have called for constitutional reforms for Federally Administered Tribal Areas (FATA), including North Waziristan, to protect the fundamental rights of internally displaced persons (IDPs) and prevent any future crisis. The parties urged the government and parliament to quickly provide all required support to IDPs and also move forward with the legal changes indicated in their 11-point FATA reforms recommendations as part of a complete rehabilitation plan for the IDPs, said a press release issued here Saturday. The Political Parties Joint Committee on FATA Reforms (known as the FATA Committee) held a special session to discuss the situation facing the IDPs and concrete actions needed to be taken to better serve them and protect their rights as citizens of the country. The FATA Committee discussed individual efforts of political parties and emphasized that a unified voice and collective action for IDPs by political forces was a a must. Party leaders emphasized that the ongoing IDP crisis had exposed the discriminatory treatment meted out to FATA and showed that FATA citizens were consistently denied their constitutional rights. As a result, the FATA Committee agreed that in accordance with Article 15 of the Constitution, the IDPs should be permitted free access to all provinces. Arguing that reforms were needed to ensure peace and stability in FATA, the parties including ANP, JI, JUI-F, MQM, NP, PPP, PML, PML-N, PTI and QWP pointed out that IDPs of North Waziristan were different from other IDPs because FATA did not have a proper governance system. The parties emphasized that now was the time for the government to move forward on the reforms agenda and provide a new democratic system for FATA. Regarding urgent response to the IDP crisis, the FATA Committee asked that rehabilitation to cleared areas should begin as soon as possible. The FATA Committee also recommended that aid for the IDPs be given in cash so they could use the resources according to individual needs, and that considerations should be made for protecting unattended property and other assets of FATA residents while they were displaced.

Working together since 2010 and with complete support of the leadership of each of the ten political parties, the FATA Committee works to continue the reforms process for a brighter, prosperous FATA. In addition to continuing advocacy for the rights of IDPs, the parties plan to work closely after Eid with senators and members of the National Assembly to develop a constitutional amendment bill for Article 247 to guarantee fundamental rights and shift legislative power for FATA from the President to parliament. Source: http://www.samaa.tv/pakistan/26-Jul-2014/fata-committee-urges-equal-rights-for-idps