PAKISTAN DEVELOPMENT ADVOCATE 3 2015 · Bushra Gohar Senior Vice-President of the Awami National...
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DEVELOPMENT ADVOCATE PAKISTAN Volume 2, Issue 3 October 2015 The Debate on FATA Mainstreaming The Debate on FATA Mainstreaming
Transcript of PAKISTAN DEVELOPMENT ADVOCATE 3 2015 · Bushra Gohar Senior Vice-President of the Awami National...
DEVELOPMENT ADVOCATE
PAKISTAN Vo
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The Debate onFATAMainstreaming
The Debate onFATAMainstreaming
DEVELOPMENT ADVOCATE
PAKISTAN
Farhatullah BabarSenator and Former Head of FATA Reforms Commission
Shah Jee Gul AfridiParliamentary Head of lawmakers from FATA in the
National Assembly
Ejaz Ahmad QureshiChairman FATA Reforms Commission
Former Chief Secretary-Khyber Pakhtunkhwa
Bushra GoharSenior Vice-President of the Awami National Party
Farid Khan WazirEx-Federal Secretary Ministry of Human
Rights Peshawar, Ex-Chief Secretary Northern Areas
Former Secretary Security FATA,
Brig. (Retd.) Mahmood Shah
Ayaz WazirFormer Ambassador of Pakistan
Asad AfridiSenior member, Joint Political Parties Committee on
FATA reforms
Ajmal Khan WazirConvener and spokesperson, Political Parties JointCommittee on FATA Reforms
Opinion
CONTENTSOctober 2015
DEVELOPMENT ADVOCATE
PAKISTAN
Development Advocate Pakistan provides a platformfor the exchange of ideas on key development issuesand challenges in Pakistan. Focusing on a speci�cdevelopment theme in each edition, this quarterlypublication fosters public discourse and presentsvarying perspectives from civil society, academia,government and development partners. Thepublication makes an explicit effort to include thevoices of women and youth in the ongoing discourse.A combination of analysis and public opinion articlespromote and inform debate on development ideaswhile presenting up-to-date information.
Editorial Board
Mr. Marc-André FrancheUNDP Country Director
Mr. Aadil MansoorAssistant Country Director/ChiefCrisis Prevention and Recovery Unit
Mr. Amir GorayaAssistant Country DirectorDemocratic Governance Unit
Mr. Shakeel AhmadAssistant Country Director/ChiefDevelopment Policy Unit
Mr. James LittletonChief Technical AdvisorStrengthening Electoral and Legislative Processes
Ms. Fatimah InayetCommunications Analyst
DisclaimerThe views expressed here by external contributors or the members ofthe editorial board do not necessarily re�ect the official views of theorganizations they work for and that of UNDP’s.
EditorMaheen Hassan
Design and LayoutSyed Asfar Hussain Shah
Printed by: Agha Jee printers, Islamabad
United Nations Development Programme Pakistan4th Floor, Serena Business Complex,Khayaban-e-Suharwardy, Sector G-5/1,P. O. Box 1051,Islamabad, Pakistan
For contributions and feedback, please write to us at:[email protected]
ISBN: 978-969-8736-12-5
Analysis
Saleem MandviwallaProvincial nominee for NFC - Sindh
/DevelopmentAdvocatePakistan
www.twitter.com/undp_pakistan
www www.pk.undp.org
/undppakistan
Foll
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Interviews
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Mainstreaming FATA for its peopleDr. Afrasiab Khattak
Recommendations of the FATA ReformsCommission (FRC)Ejaz Ahmad Qureshi
The state of Human Rights in FATA:the socio-economic perspectiveMuhammad Uthmani
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Youth Voices
46 Gulalai Ismail | Muhammad Dawood
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Rustam Shah MohmandFormer Chief Secretary NWFP
Former Interior Secretary of Pakistan44
24Reforms in FATA: A PragmaticProposition or a Slippery Slope?Imtiaz Gul
27The 22nd ConstitutionalAmendment and Mainstreaming FATAMuhammad Anwar
29 The promise that is FATAShakeel Qadir Khan
31The State of Human Rights in FATA:A constitutional and judicial case studySangeen Khan
47 Muhammad Farooq | Shah Jehan Bangash
48 Saba Ismail | Tajdar Alam
© UNDP Pakistan
FATA in perspective02Analysis of Key Recommendations forFATA Reform Ayaz Wazir17
The Federally Administered Tribal Areas (FATA) are at theforefront of public attention and this time mostly for goodreasons. The ongoing military operation has delivered against
violent groups contributing to a substantial reduction of violence inthe country during the last year – up to 50 percent according to datafrom the Pakistan Institute for Con�ict and Security Studies. Internaldisplacement caused by the operation swelled to 302 thousandfamilies but, since then 36 percent have returned home and moreare expected soon. The Government's Sustainable Return andRehabilitation Strategy, aimed at increasing investments in the areasof returns, is now well underway and development partners havemobilized. Importantly, there are serious proposals for considerationfrom different sectors including the executive, the military andparliamentarians related to integrating FATA into the rest of Pakistan,recognizing that any development investment will be meaningfulfor the people of FATA only if accompanied by decisiveadministrative, governance, legal and constitutional reforms.Consensus on all those fronts is critical for stability in Pakistan andthe region, and a precondition for sustainable human development
The extension of establ ished governance systems andconstitutional provisions applicable in the rest of Pakistan to FATA, isa development and human right imperative. Many believe theFrontier Crimes Regulation (FCR) contravenes the basic rights of thecitizens of Pakistan enshrined in the Constitution. The FCR poses, attimes, a challenge to the application of international law andconventions related to the access to justice, civil participation andeconomic development which Pakistan adheres to. The PeshawarHigh Court in its April 2014 judgement observed that denial offundamental rights to the people of FATA, which are available toother citizens, has allowed the tribal areas to become a mostdangerous territory. The Court also raised concerns over theinadequate regulatory mechanisms to check the use of power by theFATA administration, which may also lead not only to poordevelopment performance but, also denial of basic rights. The Courtalso advised the Federal Government to submit a reference in theParliament for suitable amendments to the Constitution to protectfundamental human rights in FATA.
The current legal system was introduced by the British in late 19thCentur y but for entirely different reasons. The electedrepresentatives from FATA can legislate for everyone except thepeople who elect them. The Political Agent has unbridled executiveand judiciary powers. Under the “collective responsibility” provisionof the FCR, people are held responsible for the crimes committed bysomeone else.
The current status of FATA bene�ts considerably a few individuals tothe detriment of the people of FATA and the country. It does notprovide an enabling environment for human development which inturn makes it extremely difficult to stabilize in the medium to longterm. FATA signi�cantly lags on social and economic indicators whencompared to the rest of the country.The Human Development Indexfor FATA is a mere 0.216 as compared to Punjab's 0.705 and 0.891 forIslamabad. The net primary enrolment rates in FATA are well belowthe national average. The expected years of schooling in FATA is 6.7years compared to the national average of 9.4 years and the livingstandard index for FATA is just 27.7 compared to the national averageof 71. The Gender Parity Index in primary education in FATA is the
lowest across the country. Tragically, anemic economicdevelopment and a lack of employment opportunities for youth isencouraging radicalization and may be a catalyst for recruitmentinto violent groups.
Recent global studies show that countries with weak governancestructures which are also plagued by violence have not met anyMillennium Development Goal at all. Such fragile countries haveexperienced 20 times more poverty than those with establishedgovernance systems. While debates on the constitutional statusof FATA are extremely important and must continue, there are alsocomparatively straight forward opportunities upon which tocapitalize.These include the introduction of the local governmentsystem which can build on the recently introduced municipalcommittees, the gradual extension of the country's formal justicesystem – both formal and alternate dispute resolution - andreforms to the administration systems including the civilian lawenforcement agencies. The civil society of FATA, including thelawyers, have so far played a critical role in raising voice for therights of the people of FATA. They must be supported andstrengthened to continue playing this crucial role.
The improvement in the security situation and the consensusamong different stakeholders on the urgent need for FATAmainstreaming has afforded a momentous opening for thecountry and must not be wasted. The current efforts, which mustcontinue to be fully led and owned by Pakistani leaders andinstitutions, especially those by the High Level Committee andthe proposed bill in the National Assembly, are an opportunity tomake long overdue decisions to include FATA formally into thenational polity and serve the country's development interests.This issue of DAP on FATA is an effort in this regard as it bringstogether the analysis and views of the government and Pakistanison FATA's development and mainstreaming.
Editorial
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© UNDP Pakistan
Integration of FATA: now is the time
Constitutional status
FATA maintained its special status in the�rst Constitution of Pakistan adopted inMarch 1956. In the 1962 Constitution,Article 223 kept tribal areas outside thejurisdiction of central and provincial lawson the excuse of peculiar conditions andproblems of the tribal areas. Specialpowers of legislation were given to theGovernor of K .hyber Pakhtunkhwa (KP)The Governor with the approval of the,President was empowered to make,,repeal and amend any regulations for thewhole or any part of the area.
Ar t ic les 246 and 247 of the 1973Constitution maintained the same specialstatus for FATA. The Article 246 de�nes theareas to be part of FATA whereas Article247 assigns administrative and legislativecontrol of these tribal areas to the federalgovernment. The President of Pakistandirectly administers FATA through theGovernor of KP who is then representedby the Political Agent (PA) for each Agency.The right to vote for every adult male andfemale over the age of 21 was denied to,the tribal people under the President'sOrder No. 1 of 1975 called the“Preparationof Electoral Rolls (FATA) Order, 1975.” Bythis order, only Maliks and lungi holderswere registered as voters by the PA andnot the people. Many believed that the PAusually used to confer the status to hisfavourites with the formal consent of theCommissioner.
Adult franchise denied to tribesmen was�nally introduced in 1996 to elect NationalAssembly members. Until 2011, electionswere still not held on party basis andpolitical parties were not sanctioned tooperate. It was only in 2011, that thePolitical Parties Order was extended toFATA.
In short, the current governance system isfundamentally based on FATA's peculiarco n s t i t u t i o n a l s t a n d i n g, a n d i s acontinuation of the colonial governancesystem to manage the tribal belt. TheMinistry of State and Frontier Regions(SAFRON) in Islamabad reports to thePrime Minister of Pakistan and looks afterthe development activities and otherinterventions in the area introduced/directed by the Prime Minister of Pakistan.The Governor of KP acts as agent to thePresident, representing the federalgovernment and administering the ribaltareas through the FATA Secretariat, whichwas established in 2002.
Socio economic conditions-
FATA is the poorest region of Pakistan interms of its socioeconomic indicators.Agriculture and livestock is the mainstayof the local economy. However, FATA isde�cient in food supply. A few agencies ofFATA are rich in minerals. Huge deposits ofmarble in different colours are found inMohmand, Khyber, Bajaur, Orakzai andKurram Agencies . However, despite their4
availability, these resources are mostly
untapped. A large portion of the tribalpopulation is engaged in the transportbusiness and around 60 percent of theemployed men work either abroad, withinor outside KP (MICS 2007).
Poor and inadequate communicationinfrastructure and its lack of integrationwith the rest of Pakistan adds to thebackwardness of FATA as most valleysremain inaccessible. Lack of requiredhealth and educational facilities is alsoattributable to insufficient means ofcommunication. Like all other socialsectors, the education sector is inextremely poor condition. Middle andhigher education facilities are severelyl a c k i n g. I n o rd e r t o d e ve l o p a nysmall/medium industry, electricity is thebasic source of power; in most areas ofFATA the same is not available.
The informal economy is thriving in thetribal areas. This is based on drugtrafficking, gun running and smuggling.This economy enriches militants, drugbarons, ma�a bosses and big smugglers atthe cost of common tribesmen and thenational exchequer .5
It is worth noting that although averagepoverty is very high, some sections ofsociety are �nancially well placed. This hasresulted in ver y prominent socio-economic inequalities between variousincome groups i.e. the Maliks andcommon people. FATA falls far behind therest of the country in most socio-economic indicators .6
02
Analysis
FATA in perspective:A Situational Analysis
03
1. http://pakistanpaedia.com/provinces/fata/fata.html2. Local Government in FATA, Past Failures, Current Challenges and Future Prospects, FATA Research Centre, April 20143. http://www.whitehouse.gov/the-press-office/remarks-president-a-new-strategy-afghanistan-and-pakistan
Introduction to FATA
The Federally Administered Tribal Areas(FATA) is spread over an area of 27,220square kilometers, including a 600-kmborder with Afghanistan (the DurandLine). FATA is a unique administrativeregion of Pakistan and is challenged bycomplex security, political, administrativeand economic issues.
The administrative set ups of Khyber,Khurram, North and South Waziristan dateback to the time of British rule, while that ofthe other three agencies - Mohmand,Orakzai and Bajaur - and F R srontier egionwere established after ndependence ini1947. The autonomous status of FATA wasaccepted by Pakistan on its independencethrough the famous 'Instrument ofAccession' signed by Mr. Mohammad AliJinnah at the Bannu Tribal jirga in January1948 .The same was enshrined in the three1
constitutions of Pakistan. Under Article247 of the 1973 Constitution, FATA comesunder the executive authority of theFederation. Administratively, FATA enjoys aunique position whereby it is governed atthe grassroot level through tr ibalrepresentatives known as Maliks (tribaland village elders) (a piece ofand lungicloth that you wrap around your waist likea long skirt) holders.
This area is composed of 11 major tribesand several sub-tribes such as Utman Khel,Tarkan, Mohmand, Sa�, Afridi, Orakzai,Turi, Bangash, Dawar, Shelmani, Shinwari,Mulagori, Parachinar, Masozai, Saidgai,Mehsud, Waziris, Bhittani Kharasin,Gurbaz, Ustrana, Utmanzai, Ahmadzai andShirani. The people of this area are largelyMuslims, dotted with a ver y smallpopulation of Sikhs and Hindus. Thelanguage of all the tribes is Pashto, withdifferent dialects spoken in the south andnorth.
T h e c u r r e n t u n o ffi c i a l e s t i m a t e dpopulation of FATA is more than sevenmillion (3.1 million at the time of the 19982
census). In the olonial discourse, this areacwas variously termed as (no'Yaghistan'
man's land), Ilaqa Ghair (the area under‘ ’no law) or (tribal territory). In‘Qabaili Ilaqa'
recent times this area has been termed by,US President Barrack Obama as the 'mostdangerous place on earth'.3
FATA's antiquated governance system putin place by the British in the late 19th
Century, coupled with its geographicallocation has become the hotbed ofreligious extremism militancy andandposes a major challenge not only to thelocal community regional countriesandbut also to international peace.,
4. FATAVision 2020: Strategic Framework and Investment Programme5. Search for peace in the troubled FATA region of Pakistan – the governance perspective. MPhil thesis by Colonel Riaz Ahmed.
Pakistan MDG 20136.
Federally Administered
Tribal AreasPakistanIndicators
Expected Years of Schooling
Mean Years of Schooling
Immunization Ratio
Satisfaction with Health Facility
Living Standard Index
6.7
1.8
15.7
7.5
27.7
Map Source:Understanding FATA Volume – V ( http://www.understandingfata.org/en/?page_id=22 )
9.4
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82.0
72.0
71.0
04 05
Reforms nd InterventionsaIn 1947, the Governor General of Pakistan,Muhammad Ali Jinnah issued orderswhich set the foundation for the merger ofF A T A w i t h P a k i s t a n . T h eorders/noti�cations formally replacedBritain with Pakistan, resulting into tribalelders making fresh commitmentstowards Pakistan.
In 1962, the then military ruler, GeneralA y u b K h a n , e n a c t e d t h e 1 9 6 2Constitution. Under this, Article 223retained FATA as an “excluded area”.Initially, the jurisdiction of the SupremeCourt was not denied to FATA, but aconstitutional amendment later deniedthat jurisdiction. The Governor of WestPakistan got special powers of legislationfor FATA.
One of the most important interventionswas the Pakistan Army Act, 1952. This actwas extended to FATA in 1965. Under thisAct, the military's action cannot bechallenged in any court.
T h e A d m i n i s t r a t i o n o f t h e B a s i cDemocracies (Tribal Areas) Regulation,1967 is also an important regulation. Thisact was extended to FATA in 1967.However, local leaders/representativeselected under this regulation were to workunder the PA and thus did not hold muchreal authority.
In 1970, Prime Minister Zul�qar Ali Bhuttobrought FATA development under FATADevelopment Corporation, known as FATADC. Since its inception, the FATA DC hasleft good marks on the uplift of FATA,
carrying out development work there.
The Agriculture Development BankOrdinance, 1961 (IV of 1961) was extendedto FATA in 1975. Due to this ordinance,only a few agricultural banks are operatingin some parts of FATA. The IndustrialDevelopment Bank of Pakistan Ordinance,1961 (XXXI of 1961) was also extended toFATA in 1975. This ordinance aimed to giveloans to tribesmen for establishingindustries or industrial zones in FATA. Thisordinance, however, has not beenimplemented.
T h e C o d e o f C r i m i n a l P r o c e d u r e(Amendment) Ordinance, 1979 wasextended to FATA in 1979. The CCP is ageneral law dealing with criminal casesacross the country. In FATA, preference isgiven to Frontier Crimes Regulations(FCR), a special code through which FATAis adjudicated. The CCP is consulted onlywhen FCR does not provide clear rules fora particular matter. The CCP guides specialcourts set up by PAs or assistant Pas.
The most recent governance and politicalreforms in FATA started in 1996 when thepeople of FATA were given the right tovote.
FATA became a centre of global attentionin 2001, as many Taliban �ghters andothers took refuge in the area. In June2002, General Musharraf sent troops tothe tribal areas to confront the militants.Since then, the Pakistan military has beenengaged in the tribal areas againstmilitants. In 2002, General Musharrafex tended FATA Local Government
Regulations into FATA. In 2004, local-tierleaders such as agency nazim (mayor),tehsil nazim and councillor were elected.However, this regulation could not beimplemented. The general public and civilsociet y dubbed the elec t ion as a“selection” process on the behest ofgovernment authorities.
In 2008, the President of Pakistane x t e n d e d t h e N a t i o n a l D i s a s t e rManagement Ordinance to FATA. InAugust the same year, FATA DisasterManagement Authority was establishedf o l l o w e d b y N a t i o n a l D i s a s t e rManagement Authority (NDMA) inOctober 2008.
On 14 August 2009, the then president ofPakistan Mr. Asif Ali Zardari announcedthe FATA Reforms Package, but did notnotify them. Two years later, on 12 August2011, Mr. Zardari signed two decreesapproving amendments to the FCR andex tens ion of the Pol i t ica l Par t iesOrdinance (PPO) 2002 to FATA allowing,the political parties to contest elections.H o w e v e r t h e e l e c t e d F A T Aparliamentarians still could not legislatefor FATA.
On 16th May 2014, the Governor of KPnoti�ed the FRC with the mandate to steerthe reforms initiatives and processes. Thecommission is headed by a formerProvincial Chief Secretary and consists ofthree members. It will advise the Governorof KP for reforms to improve governanceand bring sustainable improvements inthe lives of FATA people.
Issues and challenges
Weak institutionsFATA lacks sufficient infrastructure tosuppor t the requisite capacity fordevelopment. Shortage of doctors, schoolteachers and other technically skilledhuman resource creates functional/operational problems for the completionand maintenance of facilities. Due to thelack of skilled human force, the public andprivate sector institutions are either weakor nonexisten .t
I nst i tut ions are also weak due togovernance and transparency issues.There is virtually no competition incontracting. The PA is the government'splanner and initiator of all developmentp r o j e c t s . A s t h a c c o u n t a b i l i t yemechanisms are weak, the developmentwork generally a tool for money makingisand political bribery.
Public institutions, particularly the judicialsystems, are dependent on . PAsjirgas
7
must accept decision or refereither ,‘ ’jirga
the matter to a new one.
The absence of a local government systemhas further worsened accountability andtransparency in the public administration.In 2002, General Musharraf extended theFATA Local Government Regulations intoFATA. In 2004, local-tier leaders such asagency (mayor), tehsil andnazim nazim
councillor were elected. However, thisregulation could not be implementedfully. There have also been seriouscomplaints by the general public and civilsociety against the elections process ofcouncillors.
All executive and judicial powers areentrusted into the institution of politicalmanagement at the agency level. At theprovincial level, the FATA Secretariat andgovernment hold sway over developmentbudgets. Given the concentration ofpowers in limited hands, institutions inFATA have not grown the way they have inother regions of Pakistan.
Civic and political participationThe pressing current and immediatechallenges faced by the people of FATA arenumerous, but many merit particularmention. Until 1996, the tribal people didnot have the right to vote. An electoralcollege of around 35,000 Maliks, lungiholders and elders were allowed to vote. Itwas only in 1997 elections that thethepeople of FATA got the right to elect theirrepresentat ives. FATA has now 12representatives in the National LegislativeAssembly and eight members in theSenate of Pakistan.
The Political Parties Act was recentlyextended to FATA in 2011. Unfortunately, itwas too little and too late in terms of localpolitical empowerment. Traditionalgovernance systems in FATA have beeneroded with the waning of authority of thepolitical administration and Maliks, due tothe Taliban insurgency resulting in a,governance vacuum.
Therefore, the major challenge is toi n t r o d u c e a n d e n f o r c e s u c h apolitical/governance system in FATA,which is in accordance with the aspirationsof tribal people as well as the establishedprinciples of governance in today's world.It is time for integrating or mainstreamingFATA the rest of Pakistan.The commonwithtribal people can no longer be keptalienated from mainstream politics.
Legal FrameworkThe legal system in FATA is de�ned in theFrontier Crimes Regulations (FCR) andmost laws concerning the criminal justicesystem in the rest of Pakistan do not applyto FATA. All civil and criminal cases in FATAare decided in line with the FCR.
Each agency is administered by a PA whoperforms the roles of an executive, judge,revenue collector and chairman of theagencies' councillors. The tribes aregoverned through their Maliks. The Malikposition is either hereditary, a title grantedby the PA with the consent of theGovernor or selected by the tribes, or evene l e c t e d. T h e PA s p ro v i d e m o n e y,i n f r a s t r u c t u re s u p p o r t a n d o t h e rincentives to Maliks for maintaining lawand order in their areas through jirgas.
FATA is divided into two administrativecategories: protected areas are theregions under the direct control of thegovernment and administered by PAathrough FCR. Unprotected areas (almost70 percent of the entire FATA) areadministered indirectly through Maliksand FCR is applied indirectly throughMaliks/tr ibes under the collectivep u n i s h m e n t c l a u s e o f F C R . T h ePA/government sanctioned jirgas/localcouncils settle most disputes, and onlymajor disputes are referred to the PA.Jirga/council members are selected by thePA and the FCR does not require the PA toabide by tribal councils' decisions .the ⁸
The jirga is an assembly of tribal elders called for various purposes, whether for waging war or to decide for peace. In accordance with the rules, political agent has to refer7.Invariably every case to jirga and considers objections, if any, of the parties to the nomination of members of jirga.
8. Policy brief, FATA Governance Reforms, Issues, andWay Forward, CGPA, Oct. 2014.
Findings of a Consultation on Local Government System – conducted by FATAReforms Commission
� Many tribesmen argue that FATA Local Government Regulation should be named asFATA Local Self Government, stressing that the tribesmen should have elected localgovernments.
� The FCR shall be amended to create rooms for local government bodies in FATA.� Elections to the local government should be held on party basis, exercising adult
franchise.� These elections should be held for all administrative layers starting from khel or
union council all the way up to the agency council. The khel or union council,framed on basis of khel, sub-tribes and tribes, should be re-named as khel or unionjirga and tehsil council and agency council should be re-named as tehsil jirga and,agency jirga respectively.
� The councillors should be elected on the basis of kandi, a small tribal villagecomprising 2000-3000 people. All councillors and naib nazims should work as anelectoral college for election of the agency nazim. Women should also be given duerepresentation.
� Tenure of the local government bodies should be increased from four to �ve years.� All the local bodies elected heads should be accountable to their committees.� Complete powers should be given to local government bodies, which should be
free from government interference. The Governor too should act upon the reportsof these local councils.
© UNDP Pakistan
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eral
in h
is s
pee
ch: “
The
Fro
nti
er P
olic
y o
f Pak
ista
n”,
Jin
nah
's A
dd
ress
to t
he
Trib
alJi
rga
at G
ove
rnm
ent
Ho
use
,Pe
shaw
ar ,
17 A
pri
l 194
8
2)
Est
abli
shm
ent
of
the
Wes
tP
akis
tan
Act
, 19
55
;fo
llow
ed b
yG
ove
rno
r G
ener
al's
Ord
erN
o. 1
7 o
f 1
95
5, S
pec
ial
Are
as S
ub
-Sec
tio
n (5
)
The
Go
vern
men
t o
f Pak
ista
nre
vise
d a
gre
emen
ts fo
r tri
bal
area
s in
195
1-52
.
The
agre
emen
ts g
ave
the
go
vern
men
t g
reat
er c
on
tro
l of
trib
al a
reas
.
Gre
ater
co
ntr
ol o
f th
e g
o ver
nm
ent
ove
r tri
bal
are
as le
ft t
he
trib
alch
ieft
ans
hap
py
as t
hey
co
nti
nu
ed t o
rece
ive
lun
gi a
llow
ance
s(p
rivi
leg
es).
Go
vern
men
t o
f Pak
ista
n,
Revi
sed
Ag
reem
ent
wit
h t
he
Trib
al P
eop
le, P
esh
awar
, 194
7
3)
Est
abli
shm
ent
of
the
Wes
tP
akis
tan
Act
, 19
55
;
The
go
vern
men
t o
fM
uh
amm
ad A
li B
og
rala
un
ched
th
e O
ne
Un
itp
rog
ram
on
14
Oct
ob
er 1
955.
The
pro
gra
m c
on
solid
a ted
pre
sen
t-d
ay P
akis
tan
as
on
e o
fth
e tw
o u
nit
s o
r pr o
vin
ces
of
the
then
-Pak
ista
n. T
he
two
par
ts w
ere
kno
wn
as
Wes
t an
dEa
st P
akis
tan
. Sim
ult
aneo
usl
y ,tr
ibal
are
as w
ere
mad
e p
art
of
the
Wes
t Pa
kist
an p
rovi
nce
.
Till
the
abro
gat
ion
of t
he
On
e U
nit
Pro
gra
m in
196
8, t
r ib
al a
reas
rem
ain
ed a
par
t o
fWes
t Pa
kist
an. D
uri
ng
th
is t
ime ,
th
e G
ove
rno
ro
fWes
t Pa
kist
an a
cted
as
the
agen
t o
f th
e Pr
esid
ent,
ove
r th
etr
ibal
are
as.
Esta
blis
hm
ent
of t
he
Wes
tPa
kist
an A
ct, 1
955;
an
dG
ove
rno
r Gen
eral
's O
rder
No.
17 o
f 195
5, S
pec
ial A
reas
Su
b-
Sect
ion
(5);
cit e
d in
a re
sear
chst
ud
y o
n F
ATA
,h
ttp
://p
rr.h
ec.g
ov.
pk/
Ch
apt e
rs/1
987-
4.p
df
4)
Th
e R
egu
lati
on
of
Min
esan
d O
il�
eld
s an
d M
iner
alD
evel
op
men
t(G
ove
rnm
ent
Co
ntr
ol A
ct,
19
48
)
The
Act
, in
pla
ce s
ince
194
8,w
as e
xten
ded
to t
rib
al a
reas
in19
56 w
hen
on
e u
nit
was
form
ed.
This
Act
dea
ls w
ith
pro
visi
on
sre
late
d to
min
es, o
il�e
lds
and
min
eral
dev
elo
pm
ent.
The
Act
was
ben
e�ci
al fo
r th
e p
ow
erfu
l in
�uen
tial
s o
f th
e ar
ea,
wh
o e
xplo
ited
th
e n
atu
ral r
eso
urc
es a
nd
usu
rped
th
eir g
ain
s.Th
e A
ct c
an o
nly
be
e ffec
tive
ly im
ple
men
ted
if t
he
go
vern
men
tel
imin
ates
th
is o
ne-
sid
ed p
ow
er o
f th
e PA
s an
d in
�uen
tial
s.
5)
Th
e C
on
stit
uti
on
of
the
Rep
ub
lic
of
Pak
ista
n, 1
96
2
Then
mili
tary
rule
rG
ener
al,
Ayu
b K
han
enac
ted
th
e 19
62,
Co
nst
itu
tio
n.
Art
icle
223
reta
ined
FAT
A a
san
“exc
lud
ed a
rea”
. In
itia
lly, t
he
juri
sdic
tio
n o
f th
e Su
pre
me
Co
urt
was
no
t d
enie
d to
FAT
A,
bu
t a
con
stit
uti
on
alam
end
men
t la
ter d
enie
d t
hat
juri
sdic
tio
n.
FATA
co
nti
nu
ed to
be
trea
ted
as
a te
rrit
ory
dis
tin
ct fr
om
th
e re
sto
f Pak
ista
n. H
ow
ever
, th
e in
tro
du
ctio
n o
f Bas
ic D
emo
crac
ies
(BD
), a
low
er-l
evel
ad
min
istr
ativ
e sy
stem
imp
lem
ente
dth
rou
gh
ou
t th
e co
un
try
as w
ell a
s FA
TA, b
y G
ener
al A
yub
Kh
an,
op
ened
a g
limm
er o
f ho
pe
for t
he
FATA
loca
ls. N
ever
thel
ess,
cou
rt ju
risd
icti
on
sh
ou
ld b
e ex
ten
ded
to F
ATA
an
d a
pro
per
adm
inis
trat
ive
setu
p s
ho
uld
be
inst
alle
d.
6)
Th
eW
est
Pak
ista
n A
nti
-C
orr
up
tio
n E
stab
lish
men
tO
rdin
ance
, 19
61
The
Go
vern
or o
fWes
tPa
kist
an, u
po
n t
he
Pres
iden
t'sin
stru
ctio
n, p
rom
ulg
ated
th
iso
rdin
ance
in 1
961.
This
Act
ord
inan
ce c
alls
fora
spec
ial a
gen
c y in
vest
igat
ing
cert
ain
co
rru
pti
on
off
ence
s b
yp
ub
lic s
erva
nts
inW
est
Paki
stan
.
The
inac
tivi
ty o
f an
ti-c
orr
up
tio
n in
stit
uti
on
s in
FAT
A is
ate
stim
on
y to
th
e in
effec
tive
nes
s o
f th
is A
ct. F
or i
t to
be
effec
tive
ly im
ple
men
ted
, an
au
dit
exe
rcis
e o
f all
inst
itu
tio
ns
inFA
TA, i
ncl
ud
ing
th
e p
olit
ical
ad
min
istr
atio
n, n
eed
s to
be
con
du
cted
.
7)
Th
eW
est
Pak
ista
n M
oto
rV
ehic
les
Ord
inan
ce, 1
96
5
The
Go
vern
or o
fWes
tPa
kist
an, u
po
n t
he
Pres
iden
t'sin
stru
ctio
n, p
rom
ulg
ated
th
iso
rdin
ance
in 1
965.
This
ord
inan
ce d
eals
wit
h“m
oto
r veh
icle
s in
th
ePr
ovi
nce
ofW
est
Paki
stan
”.
The
Act
can
on
ly b
e e ff
ecti
ve o
nce
th
e Ex
cise
dep
artm
ent
inFA
TA is
act
ive.
8)
Th
e C
om
pan
ies
Act
, 19
13
This
act
was
ext
end
ed to
FAT
Ain
196
5.A
lth
ou
gh
th
e C
om
pan
ies
Act
,co
nso
lida t
ing
law
s re
lati
ng
toco
mp
anie
s an
d o
ther
asso
ciat
ion
s an
d to
sec
ure
gro
wth
of c
apit
al e
nte
rpri
se, i
sim
ple
men
ted
in F
ATA
, no
visi
ble
ch
ang
e co
uld
be
seen
on
gro
un
d.
The
failu
re o
f th
e A
ct h
as n
ega t
ivel
y im
pac
ted
up
on
th
eec
on
om
ic a
spec
t o
f FAT
A, w
ith
mili
tan
ts' n
etw
ork
s n
ow
attr
acti
ng
job
less
yo
uth
.
9)
Inte
rvie
w, E
jaz
Mo
hm
and
(Pre
sid
ent,
FATA
Law
yers
'Fo
rum
), 22
Sep
tem
ber
201
4;La
w c
an b
e ac
cess
ed a
t:h
ttp
://l
egal
advi
cep
k.co
m/r
egu
lati
on
-of-
min
es-a
nd
-oil-
�eld
s-an
d-m
iner
al-d
evel
op
men
t-g
ove
rnm
ent-
con
tro
l-act
-194
8-37
76.h
tml
Kam
ran
Ari
f an
d M
uh
amm
adR
aza,
“Im
plic
atio
ns
for t
he
Refo
rm P
roce
ss in
Pak
ista
n's
Fed
eral
ly-A
dm
inis
tere
dTr
ibal
Are
as”,
Au
gu
st 2
014:
htt
p:/
/ww
w.s
lides
har
e.n
et/f
ata
new
s/p
esh
awar
-hig
h-c
ou
rt-
fata
-ju
dg
men
t-an
alys
is?r
edir
ecte
d_f
rom
=sa
ve_
on
_em
bed
Full
text
of t
he
Ord
inan
ce:
htt
p:/
/ww
w.k
hyb
erp
akh
tun
khw
a.g
ov.
pk/
Go
v/D
etai
ls.p
hp
?id
=13
2
For f
ull
text
, see
:“Th
eW
est
Paki
stan
Mo
torV
ehic
les
Ord
inan
ce, 1
965”
,h
ttp
://p
un
jab
law
s.g
ov.
pk/
law
s/1
89.h
tml
List
of l
aws
exte
nd
ed to
FAT
A,
see:
"Fe
asib
ility
Stu
dy
of
Reg
ula
tory
Reg
ime
for
Ind
ust
ry, C
om
mer
ce &
Trad
e in
FATA
", A
pri
l 201
1, C
AM
P an
dFA
TA D
evel
op
men
t A
uth
ori
ty,
pag
e 35
–49
,h
ttp
://f
atad
a.g
ov.
pk/
Do
cs/I
nd
ust
ries
/Reg
ula
rity
Reg
imeF
orI
nd
ust
ryC
om
mer
ceTr
adei
nFA
TA.
pd
f
08 09
S.n
o.
Sta
tus
of
Ref
orm
s an
d P
oli
cies
in F
ATA
Wh
at r
efo
rms/
sp
oli
cies
/ in
itia
tive
hav
e b
een
intr
od
uce
d s
o f
ar?
Wh
en a
nd
by
wh
om
?W
hat
isth
e st
atu
s o
fim
ple
men
tati
on
?R
emar
ks
Ref
eren
ce/S
ou
rce
Th
e P
assp
ort
Act
, 19
13
This
act
was
ext
end
ed to
FAT
Ain
196
5.
ThA
ct h
as b
een
eim
ple
men
ted
an
dis
op
erat
ion
al a
cro
ss F
ATA
.
The
Act
has
bee
n im
ple
men
ted
in t
rue
spir
its
and
has
bee
nex
trem
ely
use
ful f
or t
he
peo
ple
.Li
st o
f law
s ex
ten
ded
to F
ATA
,se
e: "
Feas
ibili
ty S
tud
y o
fRe
gu
lato
ry R
egim
e fo
rIn
du
stry
, Co
mm
erce
&Tr
ade
inFA
TA",
Ap
ril 2
011,
CA
MP
and
FATA
Dev
elo
pm
ent
Au
tho
rity
,p
age
35–
49,
htt
p:/
/fat
ada.
go
v.p
k/D
ocs
/In
du
stri
es/R
egu
lari
tyRe
gim
eFo
rIn
du
stry
Co
mm
erce
Trad
ein
FATA
.p
df
10
)
Th
e O
ffici
al S
ecre
ts A
ct,
19
23
This
act
was
ext
end
ed to
FAT
Ain
196
4.Th
e A
ct c
alls
up
on
pre
serv
ing
secr
ecy
mo
stly
by
go
vern
men
td
epar
tmen
ts, h
as b
een
imp
lem
ente
d in
FAT
A.
Alt
ho
ug
h t
his
Act
has
bee
n e
ffec
tive
ly im
ple
men
ted
, man
y ar
est
ill u
naw
are
of i
ts e
xist
ence
."T
he
Offi
cial
Sec
rets
Act
: 1 A
ctN
o. X
IX o
f 192
3", F
IA,
htt
p:/
/ww
w.�
a.g
ov.
pk/
law
/Off
ence
s/3.
pd
f
11
)
Th
eTr
ade
Mar
ks
Act
, 19
40
This
act
was
ext
end
ed to
FAT
Ain
196
5.Th
is A
ct, d
ealin
g w
ith
“reg
istr
atio
n a
nd
mo
r eeff
ecti
ve p
rote
ctio
n o
f Tra
de
Mar
ks”h
as b
een
imp
lem
ente
din
FAT
A.
The
imp
lem
enta
tio
n o
f th
e C
om
pan
ies
Act
wo
uld
hav
e se
t a
cod
e o
f bu
sin
ess
eth
ics ,
as
wel
l as
a p
rece
den
t, fo
r th
is A
ct to
be
ho
no
ure
d a
nd
eff
ecti
vely
ap
plie
d.
List
of l
aws
exte
nd
ed to
FAT
A,
see:
"Fe
asib
ility
Stu
dy
of
Reg
ula
tory
Reg
ime
for
Ind
ust
ry, C
om
mer
ce &
Trad
e in
FATA
", A
pri
l 201
1, C
AM
P an
dFA
TA D
evel
op
men
t A
uth
ori
ty,
pag
e 35
–49
,h
ttp
://f
atad
a.g
ov.
pk/
Do
cs/I
nd
ust
ries
/Reg
ula
rity
Reg
imeF
orI
nd
ust
ryC
om
mer
ceTr
adei
nFA
TA.
pd
f
12
)
Th
e P
akis
tan
Arm
y A
ct,
19
52
This
act
was
ext
end
ed to
FAT
Ain
196
5.Th
is A
ct, c
allin
g u
po
n h
old
ing
the
law
en
forc
emen
t ag
enci
es’
inst
itu
tio
nal
no
r ms,
isim
ple
men
ted
an
d fu
nct
ion
alin
FAT
A.
The
Act
is im
po
r tan
t fo
r FAT
A a
s fa
r as
the
r est
ora
tio
n o
f pea
c e is
con
cern
ed. I
t st
ates
bru
tal p
un
ish
men
t fo
r an
yon
e co
mm
itti
ng
any
sort
of t
erro
rist
act
ivit
y ag
ain
st P
akis
tan
, esp
ecia
lly a
gai
nst
its
law
en
forc
emen
t ag
enci
es. I
t is
eff
ecti
ve in
so
far a
s th
ep
rote
ctio
n o
f la w
en
forc
emen
t ag
enci
es is
co
nce
rned
.
Full
text
: "Th
e Pa
kist
an A
rmy
Act
, 195
2",
htt
p:/
/ww
w.re
fwo
rld
.org
/pd
�d/4
c3f1
fe12
.pd
f
13
)
Th
e P
akis
tan
(Co
ntr
ol o
fE
ntr
y) A
ct, 1
95
2
This
act
was
ext
end
ed to
FAT
Ain
196
5.Th
is A
ct, i
mp
lem
ente
d in
FAT
A,
is to
try
fore
ign
ers
visi
tin
gFA
TA w
ith
ou
t va
lidd
ocu
men
t.s
The
in-e
ffec
tivi
ty o
f th
is A
ct li
es in
th
e fa
c t t
hat
Afg
han
fore
ign
ers
wit
ho
ut
valid
do
cum
ents
are
sti
ll tr
ied
un
der
th
e Fo
reig
n A
ct.
Hen
ce, t
his
Act
exi
sts
on
pap
er o
nly
.
14
)
Th
e P
ub
lic
Deb
t A
ct, 1
94
4Th
is a
ct w
as e
xten
ded
to F
ATA
in 1
965.
This
Act
, co
nce
rnin
g p
ub
licd
ebt,
is li
mit
ed to
pap
ers
in it
sim
ple
men
tati
on
in F
ATA
.
Poo
r liv
ing
sta
nd
ard
s o
f th
e tr
ibes
men
as
wel
l as
thei
r lac
k o
fkn
ow
led
ge,
ren
der
s it
diffi
cult
for t
hem
to a
cqu
ire
deb
ts. A
s a
resu
lt, t
his
Act
exi
sts
on
pap
er o
nly
.
15
)
Th
e E
xplo
sive
Act
, 18
84
This
act
was
ext
end
ed to
FAT
Ain
196
5.Th
is A
ct, a
imin
g to
bar
exp
losi
ves,
has
bee
nim
ple
men
ted
in F
ATA
.
The
Act
has
bee
n im
ple
men
ted
an
d is
fru
itfu
l.1
6)
Th
e P
ost
Offi
ce A
ct, 1
89
8Th
is a
ct w
as e
xten
ded
to F
ATA
in 1
965.
This
Act
, per
to p
ost
tain
ing
offi
ce, h
as b
een
imp
lem
ente
din
FAT
A w
ith
ou
t an
y u
tilit
y.
Bef
ore
mo
vin
g o
nto
su
ch a
cts
of p
eace
, th
e g
ove
rnm
ent
nee
ds
to a
dd
ress
big
ger
issu
es, s
uch
as
the
rest
ora
tio
n a
nd
sta
bili
zati
on
of t
he
reg
ion
.
17
)
Th
eW
irel
ess
Tele
gra
ph
yA
ct, 1
93
3
This
act
was
ext
end
ed to
FAT
Ain
196
5.Th
is A
ct, p
erta
inin
g to
wir
eles
ste
leg
rap
hy,
has
bee
nim
ple
men
ted
bu
t st
ays
dys
fun
ctio
nal
.
This
Act
can
on
ly b
e su
cces
sfu
l pro
vid
ed t
rib
esm
en h
ave
acce
ssto
info
rmat
ion
too
ls, t
o b
egin
wit
h.
18
)
Th
e P
etro
leu
m A
ct, 1
93
4Th
is a
ct w
as e
xten
ded
to F
ATA
in 1
965
This
Act
, co
nce
rnin
gp
etro
leu
m b
usi
nes
s , h
as b
een
imp
lem
ente
d in
FAT
A a
nd
mo
st lo
cal p
eop
le a
re u
naw
are
of i
t.
Bec
ause
of t
he
failu
re in
imp
lem
enti
ng
th
is A
ct, t
he
bu
yin
g,
selli
ng
an
d m
anag
emen
t o
f pet
role
um
is s
till
no
t sm
oo
th in
FAT
A.
Als
o, t
he
app
licab
ility
of t
his
Act
for F
ATA
nee
ds
to b
e as
sess
ed.
19
)
Full
text
:“Th
e Pa
kist
an(C
on
tro
l of E
ntr
y) A
ct, 1
952”
,h
ttp
://l
egal
advi
cep
k.co
m/p
aki
stan
-co
ntr
ol-
of-
entr
y-ac
t-19
52-1
714.
htm
l
Full
text
:“Th
e Pu
blic
Deb
t A
ct,
1944
”,h
ttp
://w
ww
.sb
p.o
rg.p
k/p
ub
licat
ion
s/Pu
blic
_Deb
t_A
ct.p
df
Full
text
: "Th
e Ex
plo
siv e
s' A
ct,
1884
",h
ttp
://n
asir
law
site
.co
m/l
aws/
exp
losi
v.h
tm
Full
text
: "Th
e Po
st O
ffice
Act
,18
98",
htt
p:/
/nas
irla
wsi
te.c
om
/law
s/p
oa.
htm
List
of l
aws
exte
nd
ed to
FAT
A,
see:
"Fe
asib
ilit y
Stu
dy
of
Reg
ula
tory
Reg
ime
for
Ind
ust
ry, C
om
mer
ce &
Trad
e in
FATA
", A
pri
l 201
1, C
AM
P an
dFA
TA D
evel
op
men
t A
uth
ori
ty,
pag
e 35
–49
,h
ttp
://f
atad
a.g
ov.
pk/
Do
cs/I
nd
ust
ries
/Reg
ula
rity
Reg
imeF
orI
nd
ust
ryC
om
mer
ceTr
adei
nFA
TA.
pd
f
Full
text
:“Pe
tro
leu
m A
ct,
1934
”, Pa
kist
an L
aw C
od
e,M
inis
try
of L
aw, J
ust
ice
and
Hu
man
Rig
hts
,h
ttp
://m
ola
w.b
izz.
pk/
bo
dyi
n.p
hp
?co
d=
684
10 11
This
act
was
ext
end
ed to
FAT
Ain
196
7.Th
e Re
gu
lati
on
, dea
ling
wit
hth
eb
asic
dem
ocr
acy
syst
em,
was
imp
lem
ente
d in
FAT
A.
The
loca
l lea
der
s/re
pre
sen
tati
ves
wh
o a
re e
lect
ed u
nd
er t
his
reg
ula
tio
n a
re p
ow
erle
ss a
nd
wo
rk u
nd
er t
he
PA. S
uch
asy
stem
can
no
t p
rom
ote
dem
ocr
atic
cu
ltu
re in
FAT
A.
List
of l
aws
exte
nd
ed to
FAT
A,
see:
"Fe
asib
ility
Stu
dy
of
Reg
ula
tory
Reg
ime
for
Ind
ust
ry, C
om
mer
ce &
Trad
e in
FATA
", A
pri
l 201
1, C
AM
P an
dFA
TA D
evel
op
men
t A
uth
ori
ty,
pag
e 35
–49
,h
ttp
://f
atad
a.g
ov.
pk/
Do
cs/I
nd
ust
ries
/Reg
ula
rity
Reg
imeF
orI
nd
ust
ryC
om
mer
ceTr
adei
nFA
TA.
pd
f
This
act
was
ext
end
ed to
FAT
Ain
196
7.Th
e Re
gu
lati
on
, aim
ing
top
rom
ote
loca
l bo
die
s ' p
olls
,h
as b
een
imp
lem
ente
d in
FATA
; ho
wev
er, f
ull
imp
lem
enta
tio
n is
sti
llaw
aite
d.
This
reg
ula
tio
n, i
f pro
per
ly im
ple
men
ted
, will
en
han
ce li
vin
gst
and
ard
s in
FAT
A. R
epre
sen
tati
ves
elec
ted
un
der
th
is A
ct c
anco
ntr
ibu
te to
war
ds
the
up
lift
of F
ATA
.
List
of l
aws
exte
nd
ed to
FAT
A,
see:
"Fe
asib
ility
Stu
dy
of
Reg
ula
tory
Reg
ime
for
Ind
ust
ry, C
om
mer
ce &
Trad
e in
FATA
", A
pri
l 201
1, C
AM
P an
dFA
TA D
evel
op
men
t A
uth
ori
ty,
pag
e 35
–49
,h
ttp
://f
atad
a.g
ov.
pk/
Do
cs/I
nd
ust
ries
/Reg
ula
rity
Reg
imeF
orI
nd
ust
ryC
om
mer
ceTr
adei
nFA
TA.
pd
f
This
act
was
ext
end
ed to
FAT
Ain
197
0.Th
iA
ct a
uth
or i
zes
sth
eg
ove
rnm
ent
to re
gis
ter
org
aniz
atio
ns
like
civi
lso
ciet
ies.
The
Act
nee
ds
to b
e p
rop
erly
imp
lem
ente
d a
cro
ss F
ATA
tofa
cilit
ate
resi
den
ts in
reg
iste
rin
g t
hei
r civ
il so
ciet
yo
rgan
izat
ion
s.
List
of l
aws
exte
nd
ed to
FAT
A,
see:
"Fe
asib
ility
Stu
dy
of
Reg
ula
tory
Reg
ime
for
Ind
ust
ry, C
om
mer
ce &
Trad
e in
FATA
", A
pri
l 201
1, C
AM
P an
dFA
TA D
evel
op
men
t A
uth
ori
ty,
pag
e 35
–49
,h
ttp
://f
atad
a.g
ov.
pk/
Do
cs/I
nd
ust
ries
/Reg
ula
rity
Reg
imeF
orI
nd
ust
ryC
om
mer
ceTr
adei
nFA
TA.
pd
f
Then
Prim
e M
inis
ter Z
ul�
qar
Ali
Bh
utt
o b
rou
gh
t FA
TAd
evel
op
men
t u
nd
er F
ATA
Dev
elo
pm
ent
Co
rpo
rati
on
,kn
ow
n a
s FA
TA D
C, i
n 1
970.
Sin
ce it
s in
cep
tio
n, F
ATA
DC
has
left
go
od
mar
ks o
n t
he
up
lift
of F
ATA
, car
ryin
g o
ut
dev
elo
pm
ent
wo
rk in
FAT
A.
The
FATA
DC
bro
ug
ht
som
e p
leas
ant
chan
ges
in t
he
livin
gst
and
ard
s o
f tri
bes
men
, wh
ich
r en
der
s th
is A
ct a
s a
succ
ess.
Inte
rvie
w, Z
ahir
Sh
ah S
a�(la
wye
r, Pe
shaw
ar H
igh
Co
urt
),20
Sep
tem
ber
201
4; "
Def
un
ctFa
ta D
evel
op
men
tC
orp
ora
tio
n: F
ate
of 4
00
S.n
o.
Sta
tus
of
Ref
orm
s an
d P
oli
cies
in F
ATA
Wh
at r
efo
rms/
sp
oli
cies
/ in
itia
tive
hav
e b
een
intr
od
uce
d s
o f
ar?
Wh
en a
nd
by
wh
om
?W
hat
isth
e st
atu
s o
fim
ple
men
tati
on
?
Rem
ark
sR
efer
ence
/So
urc
e
Th
e A
dm
inis
trat
ion
of
Bas
ic D
emo
crac
ies
(Tri
bal
Are
as) R
egu
lati
on
, 19
67
20
)
Th
e M
emb
ers
of
the
Ele
cto
ral C
oll
ege
(Fu
nct
ion
s o
f Lo
cal
Go
vern
men
t in
Trib
alA
reas
) Reg
ula
tio
n, 1
96
7
21
)
Th
e C
oo
per
ativ
e S
oci
etie
sA
ct, 1
92
5 (S
ind
Act
VII
of
19
25
)
22
)
FATA
Dev
elo
pm
ent
Co
rpo
rati
on
(FA
TA D
C)
23
)
emp
loye
es h
ang
s in
bal
ance
",D
awn
, 23
Mar
ch 2
011,
htt
p:/
/ww
w.d
awn
.co
m/n
ews/
6153
93/d
efu
nct
-fat
a-d
evel
op
men
t-co
rpo
rati
on
-fa
te-o
f-40
0-em
plo
yees
-han
gs-
in-b
alan
ce
Th
e P
esh
awar
Dis
tric
t an
dTr
ibal
Are
as (S
ettl
emen
to
f D
isp
ute
s) R
egu
lati
on
,1
97
1 (M
LR N
o, 9
3)
This
act
was
ext
end
ed to
FAT
Ain
197
1.Th
e re
gu
lati
on
has
bee
nim
ple
men
ted
to re
solv
eb
ord
er d
isp
ute
s in
set
tled
an
dtr
ibal
are
as.
The
failu
re o
f th
is A
ct li
es in
th
e fa
c t t
hat
dis
pu
tes
are
still
left
un
reso
lved
.Th
e g
ove
rnm
ent
nee
ds
to w
ork
ear
nes
tly
incr
eati
ng
a p
rop
er m
ech
anis
m fo
r dis
pu
te re
solu
tio
n in
FAT
A.
24
)
Th
e C
on
stit
uti
on
of
the
Isla
mic
Rep
ub
lic
of
Pak
ista
n, 1
97
3
Paki
stan
's n
ewly
-ele
cted
con
stit
uen
t as
sem
bly
pas
sed
the
lan
dm
ark
con
stit
uti
on
in19
73.
Alt
ho
ug
h h
aile
d a
s th
eco
nse
nsu
s co
nst
itu
tio
n, i
t d
idn
ot
do
mu
ch to
ch
ang
e th
ead
min
istr
ativ
e sh
ackl
esar
ou
nd
FAT
A. A
rtic
le 2
47, f
or
inst
ance
, bar
sp
arlia
men
tari
ans,
incl
ud
ing
tho
sefr
om
FAT
A, t
o fo
rmu
late
law
s fo
r FAT
A.T
he
Pres
iden
t,th
rou
gh
Go
vern
or o
f KP
the
(th
en N
WFP
)ex
erci
ses
,u
ltim
ate
say
ove
r FAT
A.
The
Co
nst
itu
tio
n t
reat
s FA
TA a
s a
dis
tin
ct e
nti
ty, s
epar
ate
fro
m o
ther
par
ts o
f th
e co
un
try.
The
pas
sin
g o
f a B
ill in
th
eSe
nat
e in
Sep
tem
ber
201
4, w
hic
h re
ferr
ed to
an
ext
ensi
on
of
cou
rt ju
risd
icti
on
to F
ATA
, was
a p
osi
tive
ste
p in
th
e ri
gh
td
irec
tio
n.
25
)
Th
e D
elim
itat
ion
of
Co
nst
itu
enci
es A
ct. 1
97
4(X
XX
IV) o
f 1
97
4
This
act
was
pas
sed
in 1
974
and
ext
end
ed to
FAT
A t
he
sam
e ye
ar.
This
Act
, aim
ed a
t d
raw
ing
del
imit
atio
n c
on
stit
uen
cies
,h
as b
een
imp
lem
ente
d in
FATA
, bu
t th
e A
ct h
as lo
st it
su
tilit
y am
id la
ck o
f an
y ce
nsu
ssi
nce
199
8.
A c
on
stit
uen
cy is
mad
e o
n t
he
bas
is o
f po
pu
lati
on
an
d fu
nd
sar
e al
lott
ed a
cco
rdin
gly
. Ho
wev
er, o
win
g to
an
inac
cura
tep
op
ula
tio
n d
atab
ase
of F
ATA
, th
is A
ct re
mai
ns
ineff
ecti
vely
imp
lem
ente
d.
26
)
Th
e S
up
pr e
ssio
n o
fTe
rro
rism
Act
ivit
ies
(Sp
ecia
l Co
urt
s) A
ct, 1
97
5(X
V o
f 1
97
5)
This
act
was
ext
end
ed to
FAT
Ain
197
5.Th
is a
ct, d
ealin
g w
ith
cu
rbin
gte
rro
rist
act
ivit
ies,
has
bee
nim
ple
men
ted
in F
ATA
, bu
t th
eac
t d
oes
no
t se
em to
hav
eco
mp
lete
ly p
ut
an e
nd
tote
rro
rism
.
This
Act
is im
ple
men
ted
in t
he
sen
se t
hat
th
e ar
my
and
secu
rity
forc
es, t
ho
ug
h a
ctiv
e, b
ut
are
insu
ffici
ent
in c
urb
ing
terr
ori
sm in
th
e ar
ea. H
ence
, th
e g
ove
rnm
ent
nee
ds
t o fo
rman
elit
e fo
rce
for t
he
sam
e p
urp
ose
.
27
)
Cit
ed in
“Pak
ista
n 1
973”
, Ju
rist
,h
ttp
://j
uri
st.o
rg/d
ocu
men
ts/c
on
stit
uti
on
s/Pa
kist
an_2
012.
ph
p The
Co
nst
itu
tio
n o
f th
e Is
lam
icRe
pu
blic
of P
akis
tan
,h
ttp
://w
ww
.pak
ista
ni.o
rg/p
aki
stan
/co
nst
itu
tio
n/
Full
text
:Th
e D
elim
itat
ion
of
Co
nst
itu
enci
es A
ct, 1
974,
htt
p:/
/nas
irla
wsi
te.c
om
/law
s/d
ca19
74.h
tm
Full
text
: Su
pp
ress
ion
Of
Terr
ori
st A
ctiv
itie
s (S
pec
ial
Co
urt
s) A
ct, 1
975,
htt
p:/
/ww
w.m
a-la
w.o
rg.p
k/p
d�a
w/S
UPP
RESS
IO
N%
20O
F%20
TERR
ORI
ST%
20A
CTI
VIT
IES.
pd
f
12 13
This
act
was
ext
end
ed to
FAT
Ain
197
5.Th
is o
rdin
ance
has
bee
np
arti
ally
imp
lem
ente
d in
FAT
A;
agri
cult
ura
l ban
ks a
reo
per
ativ
e o
nly
in s
om
e p
arts
.
This
Act
has
bee
n im
ple
men
ted
, ho
wev
er, t
he
go
vern
men
tsh
ou
ld in
itia
te a
larg
er n
etw
ork
of a
gri
cult
ura
l ban
ks in
FAT
Aso
as
to p
rovi
de
easy
acc
essi
bili
ty o
f ser
vice
s to
farm
ers.
"Th
e Fe
der
ally
Ad
min
iste
red
Trib
al A
reas
(Ap
plic
atio
n o
fLa
ws)
Reg
ula
tio
n, 1
975"
,h
ttp
://n
asir
law
site
.co
m/l
aws/
fat
a.h
tm
This
act
was
ext
end
ed to
FAT
Ain
197
5.Th
is o
rdin
ance
, aim
ing
to g
ive
loan
s to
tri
bes
men
for
esta
blis
hin
g in
du
stri
es o
rin
du
stri
al z
on
es in
FAT
A, h
asb
een
imp
lem
ente
d, t
ho
ug
hin
effec
tive
, in
FAT
A.
The
ineff
ecti
ve im
ple
men
tati
on
of t
his
Act
has
led
to a
nin
crea
se in
mili
tan
t n
etw
ork
s, o
win
g to
a p
auci
ty o
fem
plo
ymen
t o
pp
ort
un
itie
s fo
r th
e yo
uth
, as
a re
sult
of w
hic
hth
ey g
ravi
tate
tow
ard
s th
ese
net
wo
rks.
If p
rop
erly
imp
lem
ente
d, t
his
Act
can
yie
ld fo
reig
n in
vest
men
t in
th
ear
ea.
Ban
kin
g C
om
pan
ies
Ord
inan
ce, 1
962
(LV
II o
f 196
2)h
ttp
://w
ww
.bu
.ed
u/b
uc�
p/�
les/
2012
/01/
Ban
kin
g-
Co
mp
anie
s-O
rdin
ance
-of-
1962
-an
d-R
ule
s-o
f-19
63-
con
sum
er-p
rote
ctio
n-
rela
ted
.pd
f
This
act
was
ext
end
ed to
FAT
Ain
197
5.Th
is o
rdin
ance
dea
ls w
ith
loan
s to
th
e tr
ibes
men
.Th
e o
rdin
ance
is n
ot
tru
ly im
ple
men
ted
wh
ich
is w
hy
it h
asn
ot
yiel
ded
an
y g
oo
d re
sult
s."T
he
Fed
eral
ly A
dm
inis
tere
dTr
ibal
Are
as (A
pp
licat
ion
of
Law
s) R
egu
lati
on
, 197
5",
htt
p:/
/nas
irla
wsi
te.c
om
/law
s/f
ata.
htm
S.n
o.
Wh
at r
efo
rms/
sp
oli
cies
/ in
itia
tive
hav
e b
een
intr
od
uce
d s
o f
ar?
Wh
en a
nd
by
wh
om
?W
hat
isth
e st
atu
s o
fim
ple
men
tati
on
?
Rem
ark
sR
efer
ence
/So
urc
e
This
act
was
ext
end
ed to
FAT
Ain
197
5.Th
is a
ct a
ims
at g
ivin
g lo
ans
t oth
e tr
ibes
men
for b
uild
ing
or
con
stru
ctin
g h
ou
ses .
It h
asb
een
imp
lem
ente
d in
FAT
Ab
ut
no
t c o
nvi
nci
ng
ly.
Ow
ing
to e
xtre
mel
y d
ifficu
lt ru
les
set
by
the
go
vern
men
t in
acq
uir
ing
a lo
an, t
his
ac t
is n
ot
e ffec
tive
, eve
n in
set
tled
are
as.
See
HB
FCL'
s co
mp
any
pro
�le
pag
e: "
Ho
use
Bu
ildin
g F
inan
ceC
om
pan
y Li
mit
ed",
htt
p:/
/ww
w.h
bfc
l.co
m/c
om
pa
ny_
pro
�le.
htm
l; "T
he
Fed
eral
lyA
dm
inis
tere
dTr
ibal
Are
as(A
pp
licat
ion
of L
aws)
Reg
ula
tio
n, 1
975"
,h
ttp
://n
asir
law
site
.co
m/l
aws/
fat
a.h
tm
This
act
was
ext
end
ed to
FAT
Ain
197
5.Th
is a
ct, a
imin
g a
t re
gu
lati
ng
curr
ency
�ow
, has
bee
nim
ple
men
ted
in F
ATA
, to
alim
ited
cap
acit
y.
Man
y tr
ibal
peo
ple
wo
rkin
g a
bro
ad, w
ho
sen
d m
on
ey b
ack
ho
me
do
no
t f o
llow
th
is re
gu
lati
on
, rel
yin
g in
stea
d o
n o
ther
mea
ns,
wh
ich
r esu
lts
in a
loss
t o t
he
nat
ion
al e
xch
equ
er.
Hen
ce, t
his
Act
rem
ain
s o
nly
on
pap
er.
For f
ull
text
, see
: Th
e Fo
reig
nEx
chan
ge
Reg
ula
tio
n A
ct,
1947
,h
ttp
://w
ww
.�a.
go
v.p
k/la
w/O
ffen
ces/
6.p
df
Th
e A
gri
cult
ure
Dev
elo
pm
ent
Ban
kO
rdin
ance
, 19
61
(IV
of
19
61
)
28
)
Th
e In
du
stri
alD
evel
op
men
t B
ank
of
Pak
ista
n O
rdin
ance
, 19
61
(XX
XI o
f 1
96
1)
29
)
Th
e B
ank
ing
Co
mp
anie
sO
rdin
ance
, 19
62
(LV
II o
f1
96
2)
30
)
Th
e H
ou
se B
uil
din
gFi
nan
ce C
orp
ora
tio
n A
ct,
19
52
(XV
III o
f 1
95
2)
31
)
Th
e Fo
reig
n E
xch
ang
eR
egu
lati
on
Act
, (V
II o
f1
94
7)
32
)
Th
e In
sura
nce
Act
, 19
38
(IV
of
19
38
)
This
act
was
ext
end
ed to
FAT
Ain
197
5.Th
e In
sura
nce
Act
dea
ls w
ith
the
insu
ran
ce o
f hu
man
live
san
d p
rop
erty
in F
ATA
.Th
is A
cth
as b
een
imp
lem
ente
d b
ut
isn
ext
to in
visi
ble
in a
vo
lati
lere
gio
n.
33
)
Ex
ten
sio
n o
f La
ws
to F
ATA
in R
esp
ect
of
Peo
ple
Fin
ance
Co
rpo
rati
on
19
77
This
act
was
ext
end
ed to
FAT
Ain
197
6.Th
is la
w s
ets
rule
s fo
r pri
vate
corp
ora
tio
ns
and
ban
ks e
tc. i
nFA
TA.
34
)
Th
e C
od
e o
f C
rim
inal
Pro
ced
ure
(Am
end
men
t)O
rdin
ance
, 19
79
This
act
was
ext
end
ed to
FAT
Ain
197
9.3
5)
Ad
ult
Fra
nch
ise
Act
, 19
96
Pres
iden
t Fa
roo
q A
hm
ad K
han
Leg
har
i ext
end
ed t
he
Ad
ult
Fran
chis
e A
ct to
FAT
A in
199
6.
Bef
ore
th
is a
ct w
asim
ple
men
ted
, on
ly a
f ew
in�u
enti
alco
uld
vo
te fr
om
sFA
TA in
gen
eral
ele
ctio
ns.
the
Wit
h t
his
act
, all
voti
ng
-ag
etr
ibal
peo
ple
cvo
te in
ou
ldel
ecti
on
s. In
th
e ve
ry�r
stG
ener
al E
lect
ion
s in
199
7,af
ter t
his
act
was
pas
sed
, ato
tal 2
98 c
on
test
ers
too
k p
art
in t
he
po
lls a
nd
th
e tu
rno
ut
was
reco
rded
a33
.69
per
cen
t.t
36
)
The
CC
P is
a g
ener
al la
wd
ealin
g w
ith
cri
min
al c
ases
acro
ss t
he
cou
ntr
y. In
FAT
A,
pre
fere
nce
is g
iven
to t
he
FCR,
a sp
ecia
l co
de
thro
ug
h w
hic
hFA
TA is
ad
jud
icat
ed.T
he
CC
Pw
ou
ld b
e co
nsu
lted
nly
ow
hen
rule
s ar
e m
issi
ng
inth
eFC
R. In
th
at c
ase,
th
e co
de
gu
ides
sp
ecia
l co
urt
s se
t u
p b
yPA
s o
r ass
ista
nt
PAs.
To im
ple
men
t th
is a
ct, t
he
go
vern
men
t sh
ou
ld�r
st b
rin
gn
orm
alcy
in t
he
area
, red
uce
mili
tan
ts' h
old
an
d w
in t
he
tru
sto
f th
e tr
ibes
men
.
For f
ull
text
, see
:Th
e In
sura
nce
Act
, 193
8,h
ttp
://w
ww
.sec
p.g
ov.
pk/
corp
ora
tela
ws/
pd
f/In
sura
nce
Act
193
8.p
df
The
act
has
no
t b
een
imp
lem
ente
d in
FAT
A p
rop
erly
.Li
st o
f law
s ex
ten
ded
to F
ATA
,se
e: "
Feas
ibili
t y S
tud
y o
fRe
gu
lato
ry R
egim
e fo
rIn
du
stry
, Co
mm
erce
&Tr
ade
inFA
TA",
Ap
ril 2
011,
CA
MP
and
FATA
Dev
elo
pm
ent
Au
tho
rity
,p
age
35–
49,
htt
p:/
/fat
ada.
go
v.p
k/D
ocs
/In
du
stri
es/R
egu
lari
tyRe
gim
eFo
rIn
du
stry
Co
mm
erce
Trad
ein
FATA
.p
df
This
co
de,
if e
ffec
tive
ly im
ple
men
ted
, will
mit
igat
e th
e im
pac
to
f th
e FC
R, b
rin
gin
g F
ATA
furt
her
in li
ne
wit
h t
he
rest
of t
he
cou
ntr
y.
"Wh
at a
re t
rib
al a
reas
in t
he
eyes
of l
aw?"
, 20
Au
gu
st 2
013,
htt
p:/
/ww
w.th
eple
ader
s.co
m/
2013
/08/
wh
at-a
re-t
rib
al-a
reas
-in
-eye
s-o
f-la
w_3
076.
htm
l
This
Act
pro
mo
ted
a d
emo
crat
ic c
ult
ure
in F
ATA
, wit
htr
ibes
men
of v
oti
ng
ag
e ac
tive
ly v
oti
ng
eve
r sin
ce.
Asm
atu
llah
Kh
anW
azir
an
dM
uh
amm
ad Z
ahee
r Kh
an,
"Mai
nst
ream
ing
FAT
A t
hro
ug
hLe
gal
an
dPo
litic
al R
efo
rms"
,Tig
ahJo
urn
al, 2
014,
FAT
A R
eso
urc
eC
ente
r; in
terv
iew
, Ab
du
l Lat
ifA
frid
i (ex
-par
liam
enta
rian
/ex-
pre
sid
ent,
Pesh
awar
Hig
hC
ou
rt B
ar A
sso
ciat
ion
ex-
pre
sid
ent)
, 22
Sep
tem
ber
,20
14
Sta
tus
of
Ref
orm
s an
d P
oli
cies
in F
ATA
14 15
Po
liti
cal P
arti
es O
rder
(PP
O),
20
02
In 2
002,
mili
tar y
rule
r Gen
eral
Perv
ez M
ush
arra
f am
end
edth
e Po
litic
al P
arti
es O
rder
(196
2) w
ith
Po
litic
al P
arti
esO
rder
(200
2).
Art
icle
1 o
f th
e o
r der
exc
lud
esFA
TA fr
om
PPO
'sth
eap
plic
atio
n.
The
trib
esm
en w
elco
med
th
e ex
ten
sio
n o
f th
e PP
O a
nd
sim
ult
aneo
usl
y d
eman
ded
its
e xte
nsi
on
t o F
ATA
.
Full
text
of t
he
PPO
:h
ttp
://w
ww
.civ
iced
uca
tio
n.o
rg/w
p-
con
ten
t/u
plo
ads/
2010
/08/
P oli
tica
l-Pa
rtie
s-O
rder
.pd
f
38
)
Est
abli
shm
ent
of
FATA
Sec
reta
riat
Gen
eral
Per
vez
Mu
shar
raf
con
stit
ut e
d a
sep
arat
ese
cret
aria
t fo
r FAT
A in
200
2.
The
pu
rpo
se o
f th
is s
epar
ate
secr
etar
iat
was
to e
xped
ite
and
clo
sely
su
per
vise
th
eu
plif
t p
roje
cts
in F
ATA
. In
200
6,th
is s
ecre
tari
at w
as re
nam
edas
FAT
A s
ecre
tari
at.
Trib
esm
en w
ere
left
ou
t o
f all
dec
isio
n m
akin
g p
roce
sses
an
din
stit
uti
on
s .Th
ey d
ub
bed
th
ese
refo
rms,
mad
e b
y M
ush
arra
f,as
a o
ne-
man
sh
ow
.
39
)
FATA
Ref
orm
s C
om
mit
t ee,
20
00
A re
form
s co
mm
itte
e h
ead
edb
y D
r. M
um
taz
Ban
gas
h,
sug
ges
ted
refo
rms
on
FAT
A.
As
a re
sult
if t
his
Act
, lo
cal g
ove
rnm
ent
setu
ps
wer
ein
tro
du
ced
in F
ATA
in 2
001.
Mu
mta
z B
ang
ash
, FAT
ARe
form
s C
om
mit
tee
Rep
ort
on
the
Intr
od
uct
ion
of t
he
L oca
lG
ove
rnm
ent
Plan
2000
,
40
)
S.n
o.
Wh
at r
efo
rms/
sp
oli
cies
/ in
itia
tive
hav
e b
een
intr
od
uce
d s
o f
ar?
Wh
en a
nd
by
wh
om
?W
hat
isth
e st
atu
s o
fim
ple
men
tati
on
?R
efer
ence
/So
urc
e
FATA
Lo
cal G
ove
rnm
ent
Ele
ctio
ns
Reg
ula
tio
ns,
20
02
Mili
tary
rule
r Gen
eral
Per
vez
Mu
shar
raf e
xten
ded
FAT
ALo
cal G
ove
rnm
ent
Elec
tio
ns
Reg
ula
tio
ns
to F
ATA
in 2
002.
The
reg
ula
tio
ns,
aim
ed a
tse
ttin
g u
p lo
cal g
ove
rnm
ents
in F
ATA
, co
uld
no
t p
rop
erly
be
imp
lem
ente
do
me
rep
ort
s. S
sug
ges
t th
at t
hen
Go
vern
or,
Syed
Ifti
khar
Hu
ssai
n S
hah
an
dh
is s
ucc
esso
r co
mm
and
erK
hal
il-u
r-R
ahm
an c
reat
edh
urd
lein
its
imp
lem
enta
tio
n.
s
This
reg
ula
tio
n d
id n
ot
take
roo
t in
th
e tr
ibal
terr
ain
. It
gav
eke
y p
ow
ers
to P
As,
th
ereb
y d
epri
vin
g lo
cals
of h
avin
g t
hei
rsa
y in
dec
isio
ns
rela
tin
g to
FAT
A.
The
Fed
eral
ly-A
dm
inis
tere
dTr
ibal
Are
as L
oca
l Go
vern
men
tRe
gu
lati
on
, 200
2,h
ttp
://w
ww
.slid
esh
are.
net
/fat
an
ews/
2002
-fat
a-lo
cal-
go
vern
men
t-re
gu
lati
on
;In
terv
iew
, FAT
A t
rib
al e
lder
s,20
Sep
tem
ber
, 201
4
37
)
The
12-m
emb
er c
om
mit
tee
reco
mm
end
ed, a
mo
ng
oth
erth
ing
s, t
hat
po
wer
s b
ed
eleg
ated
to lo
wer
leve
ls in
FATA
.
"Ad
min
istr
ativ
e Sy
stem
",Fe
der
ally
Ad
min
iste
red
Trib
alA
reas
(fat
a.g
ov.
pk)
,h
ttp
://f
ata.
go
v.p
k/G
lob
al.p
hp
?iId
=29
&�d
=2&
pId
=25
&m
Id=
13
FCR
Ref
orm
s C
om
mit
tee,
20
05
(ak
a M
ian
Ajm
alC
om
mit
tee)
A R
efo
rms
Co
mm
itte
e h
ead
edb
y Ju
stic
e (R
etir
ed) M
ian
Mu
ham
mad
Ajm
al s
ug
ges
t ed
refo
rms
to t
he
FCR.
The
imp
lem
enta
tio
n m
ech
anis
m o
n F
CR
r efo
rms
is w
eak,
bec
ause
of i
nse
cur i
ty a
nd
a s
tatu
s q
uo
relu
ctan
t to
sh
edp
ow
er. M
ore
ove
r, FA
TA's
co
nst
itu
tio
nal
sta
tus
rem
ain
s a
top
ico
f deb
ate.
Inte
rvie
w, J
ust
ice
(R) M
ian
Mu
ham
mad
Ajm
al (e
x-ch
ief
just
ice,
Pes
haw
ar H
igh
Co
urt
;h
ead
, FC
R Re
form
sC
om
mit
tee)
, 19
Sep
tem
ber
,20
12
41
)Th
e co
mm
itte
e co
mp
risi
ng
of
po
litic
al e
lder
s, re
tire
db
ure
aucr
ats,
an
d o
ther
offi
cial
s, s
ug
ges
t ed
refo
rmat
ive
mea
sure
sin
th
eFC
R.
Cab
inet
Co
mm
itte
e o
nFC
R, 2
00
8
In A
pri
l 200
8, P
rim
e M
inis
ter
Yusu
f Raz
a G
ilan
i tas
ked
La w
Min
iste
r Far
oo
q H
. Nai
k to
sug
ges
t p
rop
osa
ls o
nre
form
ing
law
s o
n F
ATA
.
The
Cab
inet
Co
mm
itte
e o
nFC
R re
com
men
ded
ch
ang
es in
the
FCR.
Faro
oq
H. N
aik '
s co
mm
itte
e w
as o
ne
mo
re in
itia
tive
aim
ed a
tre
form
ing
FAT
A, d
epic
tin
g t
hat
th
e p
roce
ss h
as b
een
gra
du
alb
ut
chan
ge-
ori
ente
d.T
hes
e ch
ang
es w
ere
ult
imat
ely
mad
ep
art
of t
he
FATA
Ref
orm
s p
acka
ge
ann
ou
nce
d in
late
200
9.
43
)
FATA
Ref
orm
s P
ack
age,
20
11
, co
mp
risi
ng
of
amen
dm
ents
in F
CR
an
dex
ten
sio
n o
f P
PO
to
FA
TA
Pres
iden
t A
sif A
li Z
ard
ari
ann
ou
nce
dFA
TA re
form
sth
ep
acka
ge
on
14
Au
gu
st 2
009,
bu
t d
id n
ot
issu
en
oti
�cat
ion
ath
en.T
wo
yea
rs la
ter,
in a
gra
nd
cer
emo
ny
in Is
lam
abad
larg
ely
atte
nd
ed b
y FA
TAle
ader
s, P
resi
den
t Z
ard
ari
app
rove
d t
he
lon
g-a
wai
ted
refo
rms.
Mo
st o
f th
e re
form
s in
FC
R d
o n
ot
exis
t o
n g
rou
nd
. A
s fo
r th
ePP
O, f
or t
he
�rst
tim
e in
201
3, p
olit
ical
par
ties
co
nte
sted
elec
tio
ns
in F
ATA
.
44
)
Pri
me
Min
iste
r G
ilan
i'sm
aid
en s
pee
ch in
th
eP
arli
amen
t
Prim
e M
inis
terY
usu
f Raz
aG
ilan
i, in
his
�rst
sp
eech
to t
he
par
liam
ent
in 2
008,
vo
wed
tom
ake
chan
ges
in t
he
FCR.
Prim
e M
inis
ter G
ilan
i sai
d t
hat
the
FCR
will
be
bro
ug
ht
in li
ne
wit
h h
um
an r
igh
ts.
Even
th
ou
gh
th
e u
ltim
ate
auth
ori
ty o
n F
ATA
is t
he
pre
sid
ent,
no
t th
e p
rim
e m
inis
ter,
his
sp
eech
sh
ow
ed t
he
inte
nt
of t
he
go
vern
men
t-o
f-th
e-d
ay in
refo
rmin
g F
ATA
, illu
stra
ted
by
the
refo
rms
intr
od
uce
d la
ter u
nd
er p
resi
den
tial
au
tho
rity
.Th
ePr
ime
Min
iste
r eve
ntu
ally
form
ed a
co
mm
itte
e lo
oki
ng
into
refo
rmin
g F
CR.
42
)
Thes
e re
form
s so
ug
ht
amen
dm
ent
in t
he
FCR
and
exte
nsi
on
of t
he
Polit
ical
Part
ies
Ord
er (P
PO),
2002
toth
e tr
ibal
are
as.T
he
amen
dm
ents
, am
on
g o
ther
thin
gs,
bar
red
th
ead
min
istr
atio
n fr
om
arr
esti
ng
wo
men
, ch
ildre
n, o
r sen
iors
abo
ve 6
5, fo
r a c
rim
eco
mm
itte
d b
y th
eir r
elat
ives
.Li
kew
ise,
po
litic
al p
arti
es w
ere
allo
wed
to c
anva
s fo
r vo
tes
inFA
TA.
“Go
vt. t
o p
rovi
de
spee
dy
just
ice
to p
eop
le o
f FAT
A:
Nae
k”, A
sso
ciat
ed P
ress
of
Paki
stan
, 29
Jun
e 20
08,
htt
p:/
/ww
w.a
pp
.co
m.p
k/en
_/i
nd
ex.p
hp
?op
tio
n=
com
_co
nte
nt&
task
=vi
ew&
id=
4345
8;Pr
ess
Rele
ase,
"Po
litic
alac
tivi
ties
allo
wed
inTr
ibal
Are
as, F
CR
refo
rmed
", Pr
ess
Info
rmat
ion
Dep
artm
ent,
PRN
o. 8
2,h
ttp
://p
id.g
ov.
pk/
pre
ss12
-08-
2011
.htm
New
s re
po
rt, "
Maj
or c
han
ges
mad
e in
FC
R: F
ata
peo
ple
get
po
litic
al r
igh
ts",
Daw
n, 1
2A
ug
ust
2011
,
Pres
s Re
leas
e, "
Polit
ical
acti
viti
es a
llow
ed in
Trib
alA
reas
, FC
R re
form
ed",
Pres
sIn
form
atio
n D
epar
tmen
t, PR
No.
82,
htt
p:/
/pid
.go
v.p
k/p
ress
12-0
8-20
11.h
tm
Sta
tus
of
Ref
orm
s an
d P
oli
cies
in F
ATA
Rem
ark
s
16
Ex
ten
sio
n o
f FA
TAN
atio
nal
Dis
aste
rM
anag
emen
t O
rdin
ance
20
07
(Ord
. No
. LII
I of
20
07
)to
FA
TA; E
xte
nsi
on
of
FATA
Dis
aste
r M
anag
emen
tC
om
mis
sio
n 2
00
7 (O
rd.
No
. LII
I of
20
07
) to
FA
TA;
Ex
ten
sio
n o
f FA
TAN
atio
nal
Dis
aste
rM
anag
emen
t A
uth
ori
ty2
00
7 (O
rd. N
o. L
III o
f 2
00
7)
to F
ATA
.
The
Pres
iden
t o
f Pak
ista
nex
ten
ded
FAT
A N
atio
nal
Dis
aste
r Man
agem
ent
Ord
inan
ce to
FAT
A o
n 3
Mar
ch20
08. S
om
e m
on
ths
late
r, in
Au
gu
st, F
ATA
Dis
aste
rM
anag
emen
t A
uth
ori
ty w
asex
ten
ded
to F
ATA
; in
Oct
ob
er,
ND
MA
was
ext
end
ed t
her
e.
The
go
vern
men
t co
uld
win
hea
rts
of t
he
trib
al p
eop
le b
yse
rvin
g t
hem
in a
n e
xem
pla
ry w
ay t
hro
ug
h N
DM
A a
nd
sim
ilar
inst
itu
tio
ns.
Ho
wev
er, t
he
inst
itu
tio
n's
failu
re d
eman
ded
th
ata
pro
per
au
dit
mec
han
ism
be
char
ted
for N
DM
A to
en
sure
tran
spar
ency
an
d e
ffici
ency
.
"Ext
ensi
on
of L
aws
to F
ATA
and
PAT
A N
WFP
/Bal
och
ista
n20
07–2
010"
, Sta
tes
and
Fro
nti
er R
egio
ns
Div
isio
n,
Go
vern
men
t o
f Pak
ista
n,
htt
p:/
/ww
w.s
lides
har
e.n
et/f
ata
new
s/sa
fro
n-e
xten
sio
n-o
f-la
ws-
to-f
ata-
2007
2010
45
)
S.n
o.
Wh
at r
efo
rms/
sp
oli
cies
/ in
itia
tive
hav
e b
een
intr
od
uce
d s
o f
ar?
Wh
en a
nd
by
wh
om
?W
hat
isth
e st
atu
s o
fim
ple
men
tati
on
?R
efer
ence
/So
urc
e
ND
MA
, th
e co
un
try'
s d
isas
ter-
man
agem
ent
bo
dy
wo
rks
for
,th
e In
tern
ally
Dis
pla
ced
Pers
on
s. H
ow
ever
, th
e N
DM
A's
relie
f act
ivit
ies
are
less
th
anth
e ex
pec
ted
wo
rk it
co
uld
hav
e d
on
e.
FRC
, 20
14
Wit
h a
ssu
mp
tio
n o
f offi
ce,
Go
vern
or o
f KP,
Sar
dar
Meh
tab
Kh
an A
bb
asfo
rmed
a n
ewi,
com
mis
sio
n t o
exp
edit
e w
ork
on
refo
rm p
roce
ss in
FAT
A. T
he
com
mis
sio
n is
hea
ded
by
form
er P
rovi
nci
al C
hie
fSe
cret
ary
Mr.
Ijaz
Qu
resh
i,
.
Tod
ay's
wo
rk o
n F
ATA
is to
go
bey
on
d p
olit
ical
r efo
rms;
eve
nch
ang
es in
th
e FC
R w
ill n
ot
be
emb
r ace
d b
y th
e tr
ibes
men
.Th
e g
ove
rnm
ent
sho
uld
ser
iou
sly
con
sid
er w
ith
dr a
win
gm
ilita
ry fr
om
th
e ar
ea, s
tren
gth
enin
g c
ivil
soci
ety,
an
dp
rom
oti
ng
dem
ocr
atic
cu
ltu
r e in
FAT
A.
Inte
rvie
w, J
ust
ice
(R) M
ian
Mu
ham
mad
Ajm
al (e
x-ch
ief
just
ice,
Pes
haw
ar H
igh
Co
urt
),19
Sep
tem
ber
2012
;,
Zu
l�q
ar A
li, "A
no
ther
com
mis
sio
n f o
rmed
on
Fat
are
form
s", D
awn
, 20
May
2014
,
46
)Th
is c
om
mis
sio
n, l
oo
k in
g a
tth
e st
rate
gic
refo
rms/
po
licie
sfo
r th
e n
e xt
25 y
ears
, is
wo
rkin
g o
n d
evel
op
men
t,in
fras
tru
ctu
re, h
ealt
h a
nd
edu
cati
on
etc
. Th
eco
mm
issi
on
co
mp
rise
d o
f afo
rmer
bu
reau
crat
,ac
adem
icia
n a
nd
form
er a
rmy
offi
cer,
has
to c
om
e u
p w
ith
its
reco
mm
end
atio
ns
in 1
0m
on
ths.
The year 2014 saw a ser ies of 11recommendations put forth by thePolitical Parties Joint Committee on FATAReforms.These included several sweepingassertions and generalized statements.Among others, recommendations statedthat peace in FATA should be guaranteed.Ironically, committee members could notreach a consensus on how to restorepeace in FATA-whether to do it throughpeaceful means or through the use offorce. So they settled for the words,'Guaranteeing of peace in FATA' by thegovernment, without specifying themechanism behind this momentouschange. The list was a mere reiteration ofwhat was already on the table and to date,is limited to paper.
The 1973 Constitution saw the insertion ofArticle 247 (7), according to which allpower was allotted to the President ofPakistan for deciding the affairs of theregion. All parties consented to thisopenly, apart from Pakistan Tehreek-e-Insaf (PTI) and Pakhtunkhwa Milli AwamiParty (PkMAP). The irony was that evenFATA Parliamentarians are barred fromdiscussing this clause in the Parliament.While they legislate for the rest of the
country, they are dictated to have no say inthe affairs of their own region!
This consequence could have easily beenavoided had the political parties notconsented. However, it appears that themajority of the political parties do notharbour much interest in the region. Theyare aloof to the true realities at the groundlevel and have no desire to be activelyinvolved in any sort of development. Theyare 'outsiders' to the region and thatexplains their torpidity. To merely'demonstrate' movement, they produceda set of 11 recommendations. In theaftermath that ensued, severe criticismwas received as a response to therecommendations.The FATA Joint PoliticalParties Committee members thereafter,congregated in a 'meeting of solutions'that did not yield any solid results. Theactual solution lies in combating theproblem from its roots. If the decision is tobe revised or amended, the parties have torevis i t the Par l iament and pass aunanimous resolution on amendment.Unless a legal and official stance is taken,the future of FATA will continue to mimicits past. Unfortunately, this has not beenwitnessed so far and the stances of the
political parties remain stagnant with noreport of any follow up activity.
In the race to emerge as the savior of FATA,several other organizations, such as theZul�qar Ali Bhutto Foundation and theFATA R e f o r m s C o m m i s s i o n , h a v eproposed a number of recommendationsover the past year. It is interesting how allinstitutions believe that the solution forFATA lies in mere lip-service However,‘ ’.these recommendations have also beenlimited to paper.
Where then, does the solution lie? For one,political parties need to realize that thesolution of FATA lies in the empowermentof the people of FATA, through areferendum. Whether it is merging FATAwith Khyber Pakhtunkhwa or making it aseparate province or appointing adesignated governor/administrator forregion, the fate should be vested in thehands of the true policy makers of theregion-the people of FATA. Political partiesneed to support and offer assistance inthis regard if they truly imbibe intentionsfor a just system of governance andadministration in the region.
Analysis of Key Recommendations for FATA Reformby Ayaz Wazir, Former Ambassador of Pakistan
Sta
tus
of
Ref
orm
s an
d P
oli
cies
in F
ATA
Rem
ark
s
Pri
me
Min
iste
r's
Co
mm
itte
e o
n F
ATA
Ref
orm
, 20
15
The
com
mit
tee
was
form
ed in
No
vem
ber
201
5 b
y th
e Pr
ime
Min
iste
r of P
akis
tan
Mia
nN
awaz
Sh
arif,
ap
po
inti
ng
Sart
aj A
ziz
as it
s C
hai
r .
The
com
mit
tee
will
be
ho
ldin
g c
on
sult
atio
ns
wit
h a
llst
akeh
old
ers
bef
ore
pre
par
ing
an
d p
rese
nti
ng
its
reco
mm
end
atio
ns.
No
ti�c
atio
n is
sued
by
the
Prim
e M
inis
ter's
offi
ce o
nN
ove
mb
er 8
, 201
5
47
)Th
e co
mm
itte
e w
ill lo
ok
into
anal
yzin
g p
ast
reco
mm
end
atio
ns
and
pro
po
sin
g t
he
way
forw
ard
.
17
Political Parties JointCommittee on FATA Reforms
� P e a c e i n F A T A s h o u l d b eguaranteed.
� Article 247 of the Constitutionshould be amended: fundamentalrights should be guaranteed for alltribal citizens and legislative powerbe shifted from the President toParliament.
� Local bodies elections should beheld in FATA.
� A comprehensive package shouldbe developed and infrastructuredevelopment initiated, with specialfocus on health, education andemployment.
� The future status of FATA should bedecided by its people.
� P a k i s t a n E l e c t r o n i c M e d i aRegulatory Authority (PEMRA)jurisdiction should be extended.
� The Jirga system should be madem o r e d e m o c r a t i c a n dindependent.
� Actions in Aid of Civil PowerRegulation should be abolished.
� Executive and judicial powersshould be separated.
� Citizens should not be deprived ofproperty; inheritance law shouldbe extended.
� Civil armed forces (khasadar/levies)should be strengthened andprofessionalized.
FATA Parliamentarians (22nd Amendment Bill)
� Article 1 Sub Article(2) clause(c) of the Constitution shall beomitted.
� Article 246 clause(b) of the Constitution shall be amended toinclude Tribal Areas adjoining districts (of Peshawar, Kohat,Bannu, Lakki Marwat, Dera Ismail Khan and Tank), andseveral agencies (Bajaur, Orakzai, Mohmand, Khyber,Kurram, North Waziristan and South waziristan) in theProvincially AdministeredTribal Areas (PATA).
� Article 246 clause(c) of the Constitution shall be omitted.� Article 247 of the Constitution shall be omitted and
substituted with:a. Executive authority of the province shall extend tothe PATA.b. The President may, from time to time, give suchdirections to the Governor of a Province relating to thewhole or any part of aTribal Area within the Province.c. No Act of Majlis-e-Shoora (Parliament) or an Act ofProvincial Assembly shall apply to the PATA or any partthereof unless the Governor of the Province in whichthe Tribal Area is situated, with the approval of thePresident, so directs.d. The Governor of a Province, with prior approval ofthe President with respect to any matter within thelegislative competence of the Provincial Assembly,may make regulat ions for peace and goodgovernance of a Provincially Administered Tribal Areaor any part thereof.e. The Supreme and High Court shall exercisejurisdiction under the Constitution in relation to aTribal Area as may be provided by law.
� Ensuring fundamental rights and equal treatment for thepeople of FATA.
� Bringing FATA into the mainstream.
FATA Reforms Commission(FRC)
� Peace and Security be maintainedt h r o u g h s t r e n g t h e n i n g o fcivil/armed forces, building of newFC wings for border security andmanagement, establishment of aFATA Coordination Cell in the FATASecretariat and establishment of anAgency Security and IntelligenceCommittee.
� Temporary Displaced Persons(TDPs) should be rehabilitated andprovided for.
� Court Jurisdiction be extended toFATA.
� Establishment of a representativeCouncil for Constitutional Reformsin FATA.
� Expansion of the existing FATATribunal along with abolishment ofthe existing appellate process ofappeal to the Commissioner by thecomplainant.
� Introduction of an Additional PA(Judiciary) post in each Agency.
� E s t a b l i s h m e n t o f a L o c a lGovernment system.
� Setting up of a Governor's AdvisoryCouncil in order to overcome thedisconnect between the GovernorK h y b e r Pa k h t u n k h w a , FATASecretariat and FATA locals.
� Quick-Impact Projects should beinit iated for socio- economicdevelopment.
SUMMARY OF REFORM PROPOSALS BY DIFFERENT STAKEHOLDERS
Opinion
Article 1(c) of the Constitution ofPakistan considers FATA as part of�the territories of the country.
However, realities are very different as theregion is house to the draconian FrontierCrimes Regulation (FCR) set by the BritishEmpire, who developed FATA as a bufferzone against the Russian empire in the19th century. The system of PoliticalAgents (PAs) thrives in the region and wasmeant to keep the society of the areafrozen in history and stagnant in anypolitical activity, in addition to halting thepossible ingression of communism fromthe erstwhile Soviet Union, while alsopolitically cutting off the Pashtuns of thearea under British control, from thePashtuns living on the western side of theDurand Line. Along with the FCR, theregion lacks a judicial forum with theSupreme and High Courts being barredfrom jurisdiction. It is ironic, that whileArticle 8 states that any law which is�i n c o n s i s t e n t o r i n d e r o g a t i o n o ffundamental rights is to be considered nulland void, FATA lives in a completelycontradictory scenario with the people ofthe region unable to even attain basicfundamental rights. The exclusion ofpresent day FATA from full constitutional
rule can be traced back toThe Governmentof India Act 1935 passed by the BritishParliament. The 1935 Act allowed thegovernment of that time to shape a specialadministrative framework for such areas,that conveniently allowed them to hidebehind the constitutional principle of thetrichotomy of power under which out ofthe three organs of state-legislature,executive and judiciary-no organ couldinterfere in the constitutionally de�nedpowers of another organ.
Owing to hostile relations betweenPakistan and Afghanistan, as well as thepolarization of a cold war, the status quo inFATA was jealously guarded by thePakistani ruling establishment. During the1980s, FATA was used as a launching padfor the anti-Soviet war in Afghanistan,readily supported in the cause by Westernpowers as well as the Arab states. As itsname states, FATA has been for centuries'administered' and not governed: itsgeographic location termed as strategicspace, holds more value than the peoplewho abide there. Even in this modern ageof democracy, these people continue to bevictims of an identity crisis with limited orze ro f re e d o m , ow i n g to a l a c k o fg o v e r n a n c e i n t h e a r e a . F A T Aparliamentarians cannot legislate for theirown region and all decisions are left solelyin the hands of the President despite thefact that the 18th Amendment promptedthe President to take all action on theadvice of the Cabinet and the PrimeMinister. District courts are headed by PAsand even the 'appellate forums' aremanned by bureaucrats completelyoutside the jurisdiction of the High orSupreme Courts. In August 2011, thePolitical Parties Act was extended to FATAbut in the absence of other fundamentalrights and judicial forums, political processcontinue to be largely ineffective. Prior tothe introduction of this act, most politicalparties donned a de-facto presence in theregion.
Post 2003 saw a wave of militant andterrorist insurgency in the region, with theinvasion of Al-Qaeda and other terroristout�ts. Several civilians were massacred inthe waves of terrorism that ensued andnumerous IDPs were housed by FATA. Even
at this point, FATA was given no moreimportance than a mere 'strategic location'and the militants ultimately expandedtheir wings into Khyber Pakhtunkhwa andemerged in de-facto FATA pockets insettled districts adjacent to the tribal areas.Although military operations in NorthWaziristan have improved the situationbut, the con�ict is far from over.
Owing to a ban on political parties andtheir activities, movements for reformsemerged late in the region. In the 1970s,the organization 'Tehreek Ittehad-e-Qabail' (Movement for the Unity of Tribes)demanded reforms and the lifting of theFCR. However, this movement was harshlysuppressed by the seven political agenciesand the six frontier regions as it was athreat to their colonial rule over the area.The 1973 Constitution had provided forFATA representation in the NationalAssembly of Pakistan but the membersfrom the area were to be elected by alimited electoral collage of tribal chieftainsand not on the basis of adult franchise. Itwas only in the 1997 general elections thattribal Pashtuns were granted the right of'one man (woman) one vote' to elect theirMNAs. Local government elections werealso refused to be held on the non-convincing grounds of conducive securityenvironment. However, in recent times,political activism has been witnessed inthe region with the emergence of the 11recommendations put forth by thepolitical parties. FATA parliamentarianshave also recently demanded that ther e g i o n b e m e r g e d i n t o K h y b e rPakhtunkhwa. FATA has also come underthe international lens owing to theprevailing war on terrorism. A nascent civilsociety is emerging in the area consistingof lawyers, journalists, teachers andstudents who are yearning to bring an endto colonial structures and empower thelocals as equal citizens of Pakistan. Thestrongest resistance to reforms comesfrom the stockholders of the blackeconomy who thrive on political andjudicial vacuum. These include civilservants, local commanders of LEAs anddifferent ma�as fueled by abundantamounts of money, coming from drugtrade, commodities' smuggling, gunrunning and unaudited funds of political
Mainstreaming FATA for its people
President, Roshaan DemocraticInstitute,
Ex-Senator,Ex-Provincial President, Awami National
Party (Khyber Pakhtunkhwa),Expert of Afghan Affairs and Analyst ofRegional Security and Socio-Economic
Cooperation
agents.
A sustainable constitutional and legalsolution for FATA will be to integrate it intoKhyber Pakhtunkhwa. Most of the TribalAgencies have developed socio-economicintegration with adjacent districts likeBajour with Dir Disrict, Momand withCharsada, Khyber with Peshawar and soon. The six Frontier regions have livedunder district administration for a verylong time. Khyber Pakhtunkhwa alsohouses a large number of FATA populationwithout any discrimination-these peoplecan be the bridge for future integration.Furthermore, both the regions are verywell connected through a series of majorp a s s e s t h a t c a n b o o s t e c o n o m i cintegration and create easy accessibility.The civil service structure will also notrequire any modi�cations in a case ofmerger with a major ity of KhyberPakhtunkhwa civil servants alreadyworking in FATA. Peshawar is already arecognized administrative and politicalcapital for the people of FATA who mightbe faced with a complicated situation onthe agreement of a new capital. Anotherhuge supportive mechanism for themerger is that histor y has alreadywitnessed such a precedent earlierthereby proving that a merger is apossibility. It occurred in 1955, when FATAwas merged into the One Unit of WestPakistan created by the political elites ofWest Pakistan to counter the populationstrength of then East Pakistan. This newmerger should surely be easier toundertake as opposed to the previous one.
However, a constitutional step as immenseas this, needs to live by two preconditions:�rst, the people of FATA should beincorporated into the decision makingprocess and second, all political partiesalong with the Establishment, shoulddeclare a package for full and properrepresentation of the people of FATA in theKhyber Pakhtunkhwa Assembly, theirshare in the development funds and theallocation of certain percentage of berthsin the provincial cabinet for a certainperiod, so that the FATA people are able tocome at par with the rest of the province interms of gaining their rights and achievingsocio economic development.
18 1719
Dr. Afrasiab Khattak
References:
1. Article 1: (1)Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan, hereinafter referred to as Pakistan.
[(2) The territories of Pakistan shall comprise:�
(a) the Provinces of Balochistan, the Khyber Pakhtunkhwa, the Punjab and Sindh;
(b) the Islamabad CapitalTerritory, hereinafter referred to as the Federal Capital;
(c) the Federally AdministeredTribal Areas;
(d) such States and territories as are or may be included in Pakistan, whether by accession or otherwise.
2. Article 8: Laws inconsistent with or in derogation of Fundamental Rights to be void.-
(1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void.
(2)The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void.
© UNDP Pakistan
Opinion
BackgroundKeeping in view the geo-strategicimportance of Federally AdministeredTribal Areas (FATA) and the inadequacy ofthe existing governance structure in FATAto govern and enforce the writ of the State,there is full unanimity that FATA needs tobe reformed and integrated with the restof the country under a comprehensive,phase-wise and carefully drawn reformsagenda catering to the ground realitiespresently prevalent in FATA. With thesecontextual imperatives and to counter thepervasive under development in FATA, theH o n o u r a b l e G o v e r n o r K h y b e rPakhtunkhwa believes in the importanceof bringing political, socio-economic andlegal reforms to FATA, through pragmatic,comprehensive and workable reformsbacked by broad consensus and in linewith the aspirations of the people of FATA.To meet the objective, the Governorestablished a FATA Reforms Commission(FRC), as an apex body exclusivelyresponsible for framing and steering thereforms initiatives and processes forimplementation in FATA, in May 2014.
The members of the Commission heldlong interactive meetings with eachsegment in the FATA society and importantstakeholders included, but not limited to,FATA Parliamentarians, professionals, FATAElders/Maliks and representative groupsfrom Youth, Ulema, civil society, political
parties and FATA civil administration andsecurity forces' officials. Different recentreports on FATA Reforms were alsoreviewed for distilling useful proposalsand insights. With the continuous supportand guidance of the Governor anddevotion of the Commission' members,the Commission proposed various reforminitiatives in prioritized areas as identi�edby the stakeholders, including theinstitutional framework for governmentinstitutions working in FATA.
It is essential to underscore at the outset,that recommendations covered in FRC'sInterim Report are transitional in nature.The Commission felt it necessary to have aphase wise approach with respect tor e f o r m s i n FATA ; a n d h e n c e n o trecommending any abrupt replacement ofthe entire system, especially given thepresent precarious situation in the region.The proposed reforms agenda aims topave the way towards building consensuson the contentious reforms issue in FATA,such as the future status of FATA.
Summary of FRC's RecommendationsThe Commission's report covers severalstrategic areas, as prioritized and identi�edby the stakeholders, including peace andsecurity, temporarily dislocated persons,justice system and legal framework inFATA, local governance system in FATAthrough the Agency Council, Governor'sAdvisory Council, quick impact projects fors o c i o - e c o n o m i c r e v i v a l a n d t h einstitutional framework:
1. Peace and Security:P o s t 9 / 1 1 s a w t h e r e g i o n s u ff e rtremendously at the hands of militantactivities. There remained no resort exceptto hold military operations to curb thismenace. All stakeholders are in agreementwhen it comes to restoring peace in FATA,as without this, no amount of reforms cansustain.
Fo r r e s t o r i n g p e a c e a n d f o r t h emaintenance of law and order in FATA, theCommission proposed hiring 500 freshlevies at each Agency level and 200 at eachF R l e v e l . T h e C o m m i s s i o n a l s orecommended building up of new FCw i n g s f o r b o r d e r s e c u r i t y a n d
management and supporting the politicaladministration in maintaining law andorder in FATA. Equipping and capacitybuilding of all levy forces through regulartraining in investigation, prosecution andquick response was also recommended.Most impor tantly, the Commissionproposed an institutional setup in the formof a Coordination Cell in the FATASecretariat for institutionalizing the levies'capacity building in FATA on a regular basisunder the auspices of retired military orpolice officers. Similarly, for bettercoordination in the maintenance of lawand order in each Agency, the Commissionproposed the establishment of an AgencySecurity and Intelligence Committeeunder the Political Agent (PA), comprisingof FC Commandant, Agency Inter-Servicesintelligence (ISI), MI and IntelligenceB u r e a u ( I B ) h e a d s a l o n g w i t h arepresentative from the Army. At themacro level, the existing Apex Committee,h e a d e d b y t h e G o v e r n o r K h y b e rPakhtunkhwa, is recommended to befurther expanded to include the InspectorGeneral of Frontier Corps (IGFC), KhyberP a k h t u n k h w a I S I h e a d , K h y b e rP a k h t u n k h w a M I h e a d , K h y b e rPakhtunkhwa IB head, Additional ChiefSecretary FATA and Chief Secretary KhyberPakhtunkhwa as its Secretary, so that it is afully empowered body.
2. Temporarily Displaced Persons(TDPs):With almost a quarter of the population ofFATA displaced from their homes, thecommission felt that the issue of TDPsrequired immediate attention.
To deal with the issue of TDPs, theCommission proposed the provision ofimmediate funding by the FederalGovernment until their safe return andrehabilitation. For the long run, a revolvingfund of PKR 10 billion was proposed by theCommission to be maintained in the FATADisaster Management Authority (FDMA).The Federal Government bears theresponsibility to provide and replenish thefund on a regular basis. The Commissiona l s o p r o p o s e d a n i n s t i t u t i o n a lrestructuring of the FDMA parallel to themodel of the Khyber PakhtunkhwaProvincial Disaster Management Authority
Recommendations of the FATA Reforms: A SummaryCommission (FRC)
ChairmanFATA Reforms Commission
(PDMA). For this , the Commiss ionrecommended a committee, comprisingof concerned officials and experts, tothoroughly review the existing structureand propose recommendations for areorganization of the FDMA. Furthermore,it was also suggested that a proper plancovering rehabilitation and an assessmentof the reconstruction of damagedinfrastructure be chalked by the FATAS e c r e t a r i a t . A g a i n , t h e F e d e r a lGovernment should be the fundingsource.
3 . J u s t i c e S y s t e m a n d L e g a lFramework in FATA:There was unanimous agreement acrossthe committee that the current justice andlegal system in FATA required revision.Suggestions included extending theauthority of the Superior Courts ofPakistan, to more traditional views ofstreamlining the local Jirga system. Withrespect to the Frontier Crimes Regulation(FCR), two different opinions emerged,ranging from its complete abolishment tomaintaining the existing system withmajor reforms. However, the Commissionfelt that the future of the FCR and access tosuperior judiciary in FATA were linked withthe future status of FATA and therefore anydecision regarding this should be taken bythe people of FATA. In order to aid thepeople, the Commission recommendedthe establishment of a representativeCouncil for Constitutional Reforms in FATA,where the voices of the locals would beheard.
As for the justice system in FATA, theCommission recommended the expansionof the existing FATA Tribunal along withabolishment of the existing appellateprocess of appeal to the Commissioner bythe complainant. The Tribunal should beheaded by a retired High Court Judge andshould be assisted by other members fromthe legal fraternity, a retired civil servanthaving served in FATA and a person ofknowledge and integrity from the civilsociety. Moreover, an Additional PA(Judiciary) post was recommended in eachAgency to cater to all judicial matterswithin the Agency. This setup wasrecommended for an interim period,beyond which an independent judicialhierarchy may be put in place headed byjudicial officers independent of the PA.
4. Local Govt. System in FATA:There exists a paucity of an institutionalframework at the Agency level, that
involves the locals in identifying theird e v e l o p m e n t n e e d s a n d e n s u r e stransparency in implementing thesedevelopment initiatives. With the aim ofestablishing a local governance system inFATA, the Commission proposed anAgency Council/FR Council to serve as aplatform for local participation. This wouldresult in a building of trust between thestate and the citizens.
The proposed Agency Council would be adecision making body regarding alldevelopment schemes in the Agency andmanage the 'Agency Fund'. The Councilwould comprise of local representatives,m e m b e r s o f Pa r l i a m e n t f r o m t h ec o n c e r n e d A g e n c y / F R a n d o t h e rnominated members.
5. Governor's Advisory Council:The proposed Governor's Advisory Councilwas meant to enable a representative formo f g o v e r n a n c e i n FATA . S u c h a ninst i tut ional setup would help inovercoming the existing disconnectb e t w e e n t h e G o v e r n o r K h y b e rPakhtunkhwa, FATA Secretariat and FATAlocals.
This Council will be headed by theGovernor and comprise of each AgencyCouncil/FR Council representatives,Federal Secretaries of SAFRON, Finance,Interior, Planning, Development andR e f o r m , C h i e f S e c r e t a r y K h y b e rPakhtunkhwa and Additional ChiefSecretary FATA (Secretary of Governor'sCouncil). Other members would includeexperts, including women, and a minoritymember from FATA. The mandate of theGovernor's Council will be to act as anadvisory body to the Governor on FATA.
The current proposed structure of theGovernor's Council is for an interim periodof two years. After the expansion of thelocal governance system in FATA, the
composition of the Governor's Councilshall be transformed, under whichmajority of the Council members (90percent) would be elected members whilstthe remaining 10 percent would benominated by the Governor KhyberPakhtunkhwa.
6. Socio-Economic Developmentand Q I P s:uick mpact rojectIt has been widely acknowledged that allefforts for peace and recovery in postcon�ict FATA would not be long lasting ifnot supplemented with effor ts forreinvigorating the economic activities inthe region. Given the region's uniquedevelopment and geopolitical challenges,s u s t a i n e d r e f o r m s a n d � n a n c i a lcommitments for economic recovery inFATA would be required as well.
W i t h r e s p e c t t o s o c i o - e c o n o m i cdevelopment, the Commission proposedseveral initiatives such as 'Quick ImpactProjects' (QIPs) in different areas, whichincluded the establishment of FATAUniversity, the holding of a detailed censusin FATA and provision of easy access tomicro�nance and agriculture credit, toname a few. The Commission felt that inorder to supplement the on-going effortsof peace and security, rehabilitation andeconomic recovery in FATA, reinvigoratingsubsistence farming and non-farmingcommercial and trade activities in FATA,including reconstruction of local marketsand public infrastructure through labourintensive projects, are essential.
7. Institutional Framework:A good governance system is marked bypublic representation, accountability andtransparency. It involves efficientlym a n a g e d p u b l i c i n s t i t u t i o n s a n dresources. A review of the existinginstitutional framework in FATA highlightsthe need for a reformation of the currentgovernance system. Thus, the Commissionr e c o m m e n d e d a n a p p r o p r i a t einstitutional framework to address theadministrative and governance relatedweaknesses in FATA. The underlyingobjective is to enhance the organizationalefficiency through leaner structures and todevelop cost effective institutional set upsin order to gain greater value for thepublics' money in public service delivery atthe gross root level in FATA.
20 1721
Ejaz Ahmad Qureshi
References:
1. FRC Interim Report. Available at: http://fata.gov.pk/cp/uploads/news/143928037655c99a8559463.pdf
T h e P r i m e M i n i s t e r r e c e n t l yc o n s t i t u t e d a c o m m i t t e e i nNovember 2015, for providingrecommendations for FATA reform. Inthe past, there have been severalcommittees formed with a similarpurpose. Some of these included theFATA Reforms Commission (2014),the FATA Reforms Committee (2000),the FCR Reforms Committee (2005)and the Cabinet Committee on FCR(2008).
Opinion
The Federally Administered Tribal Areas(FATA) have faced the brunt of militantattacks and subsequently the US-ledPakistan`s war against the growingmilitancy in the region. Owing to thegrowing internal militancy, the Pakistanm i l i t a r y l a u n c h e d s e v e r a l a r m e doperations in all tribal agencies and thesettled district of Swat in the Malakanddivision. These operations resulted incivilian casualties and forced thousands ofpeople to vacate their homes and leavetheir assets unmanned. Shops andmarkets were looted and bulldozed byarmy tanks. This resulted in hugeeconomic losses to the tribesmen whowere already in tatters with more than 70percent of the population living below�the poverty line.
Overview of the socio-economicindicatorsI n A u g u s t 2 0 1 4 , a d a m a g e n e e dassessment survey carried out under thesupervision of the FATA FDMA revealedthat over 60,000 houses had beendamaged in Orakzai, Khyber, SouthWaziristan and Kurram agencies, while anestimated 150,000 families displaced bymilitary operations in the NWA and KhyberAgency are still languishing in make shiftcamps at Bannu.1
Conditions for doing business in FATA arenot favorable. The economy of FATA isundocumented. Businesses that run inFATA a re n o t re gi s te re d w i t h a nygovernment authority in any form, henceenjoy no government patronage. Creditfaci l i ty, as avai lable to businesseselsewhere in the country, is not available toFATA. In the absence of a legal frameworkin FATA as opposed to the rest of thecountry, commercial banks operating inFATA do not advance loans to the localsowing to the absence of the land revenue
act, which makes it impossible for banks toensure collateral for advances. Law andorder situation particularly after 9/11 hasaggravated the situation further. Tens ofthousands of people, especially those whohad businesses in FATA, have vacated thearea and migrated towards settled areas ofthe country. Resultantly, a large number ofbusiness entities have closed down,a d d i n g t o t h e a l re a d y i n c re a s i n gproportions of structural unemploymentin the region. The statutory regimeregulating industrial activity elsewhere inPakistan does not apply to the tribal areas.The Industry is not subject to direct taxesor regulation. In this sense, at least, FATA'sindustrial sector is the ultimate free-market environment. In the absence ofadequate legal cover, investment is a riskybusiness.�
There are a few livelihood opportunitiesavailable to the people. The local economyis chie�y pastoral, with agriculturepracticed in a few fertile valleys. Mosthouseholds are engaged in primary-levelactivities, such as, subsistence agricultureand livestock rearing, or small-scalebusiness conducted locally. Others areinvolved in trade within the tribal belt orwith down-country markets. Women takean active part in agricultural activities,collect fuel wood and fetch water, besidesattending to household work and familyduties. A large portion of the tribal�population is engaged in the transportbusiness and around 33,046 registeredworkers of FATA are working abroad .�
Unlike the rest of Pakistan, the socio-economic indicators for FATA are notpublished periodically. Primary datasources ignore FATA from their samplestating security reasons as the hindrance incarrying out the survey. Secondary sourcescite some statistics: According to the ALIFAILAN Pak istan Distr ic t Educat ionRankings 2015 and the Annual Stats ofEducation Report 2014 (ASER-Pakistan),the education score in FATA has increasedby 15 percent but, despite this hugeincrease, FATA still lies at the bottom end ofthe spectrum when compared to otherprovinces and regions.
Despite the fact that there has been an
improvement in the socio-economicindicators of Pakistan as a whole and ofKhyber Pakhtunkhwa, the stats for FATAdepict a different story. For example,consider the stats below, according towhich, in the national census of 1998, theliteracy rate of Khyber Pakhtunkhwa is 18percent higher than that of FATA.
Comparing these stats with those given intable 2, the literacy rate in KhyberPakhtunkhwa has increased from 35.41percent in 1998 to 52 percent in 2012-13.However, for FATA, it has increased only byapproximately six percent. Ironically, thebreakdown of literacy rate depicts that theliteracy rate of women has not changedmuch, which speaks volumes aboutgender disparities in the region. FATA isalso lagging behind in the achievement ofseveral MDG indicators, when comparedto other regions:
The state of Human Rights in FATA:the socio-economic perspective
JournalistDAWN newspaper
Political and human rights activist
Economic development and humanrightsThe Frontier Crimes Regulation (FCR) hasbeen linked to the overall low economicdevelopment of FATA because it providesunlimited authority to the Political Agent(PA) to seize the property of an individual,family or an entire tribe for a crimecommitted by one person belonging tothe family, tribe or nearby village. Theclauses of collective punishment andcollective responsibility clubbed with thedeprivation of appeal against the decisionof the PA in any court of law, has kept thehuman right conditions of FATA at anextreme level of poverty. The employment
o p p o r t u n i t i e s g e n e r a t e d b y t h eauthorities are negligible and that is whythe tribal labor force is employed in thesettled regions of the country and in theMiddle East to make their ends meet.Hence, the FCR and the corruptiveg o v e r n a n c e a n d a d m i n i s t r a t i v einstitutions are major reasons to blame forhuman rights violations and economicfailure in the region.
According to the , “TheHRCP Report 2013 ⁴security forces' operations in the regionpreceded expulsion of the residents fromthe area (FATA) and there were somereports that after the military cleared an
area of militants, the displaced personswere asked to commit that on their returnthey would raise private militias to keepthe Taliban out of their regions.” It furtherstated that, “the local economy hadcollapsed and the region that was knownjust a few years earlier for sending fruitsand vegetables to the rest of the countrynow depended for almost everything onsupplies from other parts of Pakistan. Theseven tribal districts of FATA suffered 293attacks in the year 2013 under review,killing 425 people and injuring 932.” Table3 depicts a picture of the human rightsviolations in the region.
22 1723
Muhammad Uthmani
Table 1: Selected developmentindicators for Pakistan,
Khyber Pakhtunkhwa and FATA
Pak
ista
n
Indicator
3
5
3
2
Literacy ratio(both sexes, %)
Male literacyratio (%)
Female literacyratio (%)
43.92
54.81
32.02
Kh
yber
Pak
htu
nk
hw
a
FATA
35.41
51.39
18.82
17.42
29.51
3.00
Source: Survey enumeration of industries, ServiceSector Entities, Labor Force and Identifying Constraintsin FATA, October 2010 by FDA
TargetIndicator
Thus, from human rights abuses toeconomic deprivation to total mediablackout from the ground realities of FATA,the hub of all problems in FATA is theadministrative system implementedthrough the black law, FCR. The systemsilences anyone who dare raise a voice
a g a i n s t t h i s l a w. R e c e n t l y , FATAparliamentarians have also proposed the22nd constitutional amendment whichseeks complete abolishment of the FCRand proposes a merger with KhyberPakhtunkhwa. Cleverly, bene�ciaries ofthe FCR have proposed FATA be a separate
province or adopt a system like that ofGilgit Baltistan, which is geographically,politically and economically not viable forFATA. Merging with Khyber Pakhtunkhwais the only plausible solution at this pointand one that seems to ensure prosperityfor the region.
Table 2: MDG Indicators: a comparison
FATA Sindh Balochistan Punjab KhyberPakhtunkhwa
13
Proportion of population below
minimum level of dietary energy
consumption
Net primary enrolment ratio
Literacy rate (percent)
GPI primary education
GPI secondary education
Under 5 mortality rate (deaths per
1000 live births)
Proportion of fully immunized
1children 2-23 months
Maternal mortality ratio
Proportion of population with
access to improved water sources
Pakistan MDG Report. Available at http://www.undp.org/content/dam/pakistan/docs/MDGs/MDG2013Report/UNDP-Report13.pdfFATA Data: FATA SecretariatRest of Pakistan: Pakistan Social and Living Measurement Survey 2012-13
32.6 40 49.7 36.4 27.1
100 31 52 45 62 54
88 24 60 44 62 52
1.00 0.60 0.89 0.58 0.95 0.91
1.00 0.60 0.84 0.41 0.85 0.59
52 104 112 158 104 75
>90 80 74 53 89 76
140 290 345 758 227 275
93 68 90 69 92 82
Table 3: Human Rights Violations in FATA
Nature of abuseType of violence
01 Attacks (civilians)
Attacks on polio workers
Drone attacks
Displacements (IDPs)
02
03
04
234 casualties and 389 injured
45 workers and guards killed
114 killed
As many as 3.5 million IDPs since 2008 from Bajaur, North Waziristan, South Waziristan,Mohmand and Khyber Agency
Source: Human Rights Commission of Pakistan, 2014, FDMA (These numbers can be much bigger provided media is allowed access in to FATA).
References:
1. http://www.satp.org/satporgtp/countries/pakistan/Waziristan/index.htmlFATA Assessment – 2015
2. Survey enumeration of industries, Service Sector Entities, Labour Force and Identifying Constraints in FATA: http://fatada.gov.pk/Docs/Industries/IndustriesSurveyReport.pdf
3. FATA Development Statistics 2013: http://fata.gov.pk/download-details-fac.php?�d=41&id=35
4. HRCP report 2013. Available at http://www.hrcp-web.org/hrcpweb/report14/AR2013.pdf
The availability of up-to-datestatistics on FATA remains a bigconstraint. FATA is the onlyadministrative region of Pakistanfor which Pakistan Social andLiving Measurement Sur vey( P S L M ) d a t a i s l a r g e l yunavailable.
Opinion
Down the Rabbit HoleIn December 2006, the then militarydictator General Per vez Musharrafconvened a major gathering to discussPakistan's Federally Administered TribalAreas (FATA). The attendees includedofficials from the FATA Secretariat ,�Political Agents (PAs), representatives ofthe Ministry of States and Frontier Regions(SAFRON) , the Governor of Khyber�Puk htunk hwa, notable elders andpoliticians from the region, along withr e p r e s e n t a t i v e s o f t h e m i l i t a r yestablishment. The President's intent wasto put all FATA stakeholders in one room,and determine the future of FATA. Fornear ly three days, �er y speeches,ambitious plans and reform proposalsbounced back and forth between thepolitical and military elite, whereas theonly common thread by sycophanticbureaucrats and Maliks was unanimousand unconditional praise for GeneralMusharraf for taking the initiative.
However, the enthusiasm gave way toc a u t i o n o n t h e t h i r d d a y , w h e nparticipants warned against tinkering withthe system currently governing FATA.Despite days of deliberation, the gatheringfailed to agree upon possible reforms forFATA. One of the conference attendees, aPA, while recalling his experience, did not
express even a shred of optimismregarding reforms in FATA, citing themilitary's hesitation for change in wake ofthe ongoing insurgency in the region.
The military's “interest” in FATA was alsoevident when a 27-member Committee onC o n s t i t u t i o n a l R e f o r m s , i n 2 0 0 9 ,deliberated extensively and climaxed withamendments to 101 articles of the federalconstitution. However, none of theseapplied to Part XII: Miscellaneous –Chapter III: Tribal Areas, especially Article246 - which geographically de�nes “TribalAreas”, “Provincially Administered TribalAreas” and “Federally Administered TribalAreas” - and article 247 - which gives thePresident sweeping powers, and excludesthese areas from any parliamentarylegislation, or legal jurisdiction from theSupreme Court or any High Court - weresimply missing from the suggested list.
Representatives from the Awami NationalParty (ANP) and Pakistan People's Party(PPP) were of the view that the militaryopposed any discussion on FATA. JamiatUlema-e-Islam (JUI-F) members remainedvague when asked about the future shapeof FATA . Even though nearly all notables⁴agree on the need for reforms in FATA, noone has come up with a substantialsolution and thus laid the entire blame for,inaction on FATA's fate at the military'sdoorstep. Military officials divulged thatthe parliamentarians “asked us for ouropinion and we told them that the timingwas not right”-the military left it to the willof the parliamentarians to do whateverthey pleased with FATA.
This attitude from both sides resulted inthe literal exclusion of FATA from thedeliberations for the 18th constitutionalamendment . This, again, highlighted the⁵fact that the military alone could not havebeen blamed for FATA's deprivation.
A Matter of RegulationsIn order to understand the politicaleconomy of the region, it is important to�rst take a look at the history and nature ofFATA's current status as well as the FrontierCrimes Regulation (FCR)–a British⁶Regulation introduced more than ahundred years ago to tame the then
lawless Pashtun tribes and was persistedwith by the Pakistani ruling elite.
The FCR, formed in 1901, was an evolutionof the Murderous Outrages Regulation of1867, which gave British rulers, historicallyunable to establish their writ in the tribalregion, powers to prosecute individuals forheinous crimes such as murder. In 1947,Pakistan not only adopted the FCR butadded the clause that would allow for anindividual's arrest without even specifyingthe crime. Since then, the FCR is almostuniversally seen as a system of oppression,outdated, ill-advised, and draconic. Overtime, the regulation has been amendedseveral times, but almost never to thebene�t of the people of FATA.
The FCR originally contained 64 sections,most of them ill-intended. Althoughrevised in 2011 down to 52 sections, theystill contain draconian sections such as 21-30, 32, 34 and 40. Sections 21-30 also,known as the Collective Responsibilityclause allows a tribe to be punished for the,actions of one of their members. Section34 allows for homes and property of thetribesmen to be demolished, if, forinstance, the state wishes to acquire thatland. Sec t ion 32 al lows for ent i resettlements to be razed to ground. Section40, perhaps the most abused of all, allowsthe administration to detain a person,potentially for years, on mere suspicionwithout any substantial evidence. This alsoimplies that there is no provision for theaccused to appeal and prove his innocenceunder the FCR.
The FCR is also credited with the rise ofmilitancy in FATA which many naivelybelieve infected the rest of the country.
Professor Ijaz Khan of Peshawar Universitybelieves that as a tool to impose rule of lawand improve service delivery in the justicesector, the FCR only became weaker than italready was after 9/11. When the Taliban�ed Afghanistan, many of them settleddown in FATA along with Al-Qaeda andIMU �ghters owing to a pre-existing⁷security vacuum due to poor governance,lack of development, with no judicial oradministrative system working for thewelfare of the people, illiteracy, and anti-
Reforms in FATA: A PragmaticProposition or a Slippery Slope?
Executive DirectorCenter for Research and Security
Studies,Author-“Pakistan: Pivot of Hizbu Tahrir's
Global Caliphate”
state angst, all of which helped themilitants make this region their safe haven.The FCR is also completely silent onwomen, and affords them no rights.
Understandably, the continuation of theFCR and the lack of progress on the statusof FATA only widened the gulf between theresidents of FATA and the federation.
FATA is the only region in Pakistan wherethe arliament cannot legislate, and thePapex courts cannot adjudicate. Article 1(c)of the federal onstitution, for instance,cwould also have to be amended as itde�nes the Federally Administered TribalAreas (FATA) as part of the Republic'sterritories in addition to the four provincesof Balochistan, Khyber Pakhtunkhwa,Punjab, Sindh and the Islamabad CapitalTerritory.
Interestingly, a �ve-member benchheaded by a former chief justice of thePeshawar High Court (PHC) in a judgmenton April 7, 2014, advised the federalParliament to make amendments toArticle 247 (7) of the constitution.
The Article reads that, “neither theSupreme Court nor a igh ourt shallH Cexercise any jurisdiction under theconstitution in relation to a tribal area,unless Majlis-e-Shoora (Parliament) by lawotherwise provides.”
In its judgment, the Court observed thatdenial of fundamental rights to the peopleof FATA has pushed tribal areas to become“the most dangerous spot”. The Courtstressed that the onstitution hasCguaranteed fundamental rights to thepeople of FATA, yet they “are at the mercyof one person, the Political Agent.” TheCourt also observed that under the FCR,c i t i z e n s h a v e n o r i g h t t o l e g a lrepresentation, to present reasonedevidence or exercise the right of appeal.
The area is administered by the Governor(as a representative of the president) ofK h y b e r Pa k h t u n k h w a , u n d e r t h esupervision of SAFRON in Islamabad.Oddly, the 12 members in the NationalAssembly and eight in the Senate fromFATA can vote and legislate on bills in anypart of the country, but the constituentsthey represent. They have no technical orpolitical power under article 247 of theconstitution. The real power rests with thePA.
Politically EconomicalJohn Dalberg-Acton, the English Catholichistorian, writer and politician once said,“Power tends to corrupt, and absolutepower corrupts absolutely.” In Pakistan,nowhere is this more evident than in the
case of PAs governing the tribal areas. PAsare a) the symbol of the state's authority, b)the tribal people's advocate, and c) theliaison between the people and thegovernment. The PA serves in three officialcapacities, a) the titular office, b) districtmagistrate, and c) sessions judge. He caneven impose curfew, reject bail, and holdsomeone in con�nement inde�nitely.
Near universally, the PA's role is viewed ascorrupt officials armed with boundlesspower. Facilitated and powered by theroughly 35,000 or so Maliks (tit le -holders/representatives of tribes), the FCRis often used as a fulcrum to exact politicalvengeance.The elite and the rich can easilyleverage the FCR as a mechanism toescape punishment (a vote of con�dencefrom four Maliks can prevent detention),and as a tool to eliminate competition,punish enemies, or clear the playing �eld.It is easy to see how this oppressive andunjust system can be exploited by thosewith resources and power, and abhorredby youth and the lowest rungs of the socio-economic strata.
The anecdote at the top suggests that themilitary establishment is adamantly andhistorically opposed to changes in thestatus of FATA. They present a formidableblockade against progress on FCR reforms.The Maliks (who could potentially play acrucial role in improving conditions) inFATA, and the elite, including the ministers,the businessmen and other affluentindividuals and entities that enjoy a life ofl u x u r y a n d p r i v i l e g e w i t h o u tconsequence, also oppose reforms in theregion. Finally, the FATA Secretariat is a keystakeholder. The Secretariat under thegovernor, including the seven PA's, andtheir respective staffs (essentially as m a t t e r i n g o f s u p e r - e m p o w e r e dbureaucrats in Islamabad and Peshawar),have a huge monetary stake in the statusquo. The most powerful and vocal of thesehail from Khyber and Bajaur Agencies,Bannu (North Waziristan) and D. I. Khan(SouthWaziristan).
Current ProgressThe push for reforms in FATA is notsomething new. The meeting in 2006 andthe constitutional reforms in 2009, are justtwo examples. In 2010, the Political PartiesJoint Committee on FATA Reformsproposed 11 reforms for FATA. These werechided for being invariably chained togovernment interests. In August 2011,then President Asif Ali Zardari passed aPresidential Order to amend the FCR.Although minimal in its scope, it is stillrecognized as the most practical andsigni�cant change in the regulation sinceits inception.
Years later, in May 2014, the Center forResearch and Security Studies (CRSS) tookan initiative to publicly campaign for FATA,this time through a 20-episode series of TVshows and 60 radio shows nvolving about, i5 0 n o t a b l e s s u c h a s FATA M P s ,businessmen, civil society members andrepresentatives from mainstream politicalparties. Ironically, all these discussionsyielded a fragmented picture; most of theyouth - students, civil society, and youngerparliamentarians vociferously advocatedfor the abolition of FATA's current status.Most of the par l iamentar ians andbusinessmen, however, pleaded for aphased, incremental change to the statusof FATA through an extension of the writ ofthe Peshawar High Court and the localgovernment elections. Even some of theofficials argued that touching FATA inexisting circumstances was a dangerousproposition. This mirrors the politicaleconomy dichotomy in the previoussections.
More recently, in September 2015, nearlythree months after the FATA ReformsCommission's report, sources indicate thata “step-by-step procedure for mergingtribal areas into settled districts” isunderway. To precipitate this, Bajaur andMohmand Agencies from FATA will bemerged into Provincially AdministeredTribal Areas ( )PATA . The estimated time forthis transition is 8-10 months, and it willserve as a stepping stone for other areas tobe brought into Pakistan-common. OnSeptember 9th, the 22nd ConstitutionalAmendment Bill was presented in theNational Assembly by FATA lawmakers,proposing amendments to Articles246/247 to grant full citizenship rights tothe tribesmen, extend the reach of apexcourts to the region, and the merger ofFATA into KP.
TheWay ForwardMoong Qabail, a series of media programsconducted by CRSS on FATA reforms,brought forth a range of suggestedsolutions and ideas on how to manage thiscentury-old problem in the tribal areas.The series publically and empiricallycon�rmed the sentiment that the peopleof FATA hold FCR responsible for the illsbeing suffered, and that it was time it wasre p e a l e d, re fo r m e d, o r a b o l i s h e daltogether. The status quo simply cannotcontinue. The people in FATA may hold thegreen passport, but the constitution'sArticle 247 and the FCR deprives them offundamental human rights and civilliberties, even though they are afforded tocitizens in all other parts of the country.These Federally“Alienated”Tribal Areas aredenied their right to life, security, justiceand expression.
24 1725
Imtiaz Gul
�
The 22nd onstitutional mendmentC Abill was submitted in the nationalassembly on September 9, 2015. The
bill will have huge implications for thegovernance of the tribal areas in Pakistan.
For the �rst time in history of Pakistan,thea group of 19 FATA parliamentarians havecome together in efforts to mainstreamFATA. According to the 22nd constitutionalbill proposed by this group, FATA shouldbe made a part of the tribal areas in KhyberP and superior cour ts 'akhtunkhwajurisdiction be extended to FATA. Thelatter, proposed by Senator FarhatullahBabar, as mentioned in his interview onpage has already been approved byno. 43,the Senate Standing Committee on Lawand Justice , though yet to be presented�for voting in the Senate. However, underarticle 239 (4), a two-thirds majority in theKP assembly as well as a two-third majorityin the Parliament is required for thepassing of the amendment.
This bill will have two major positiveimplications for the region. First, byextending courts' jurisdiction, the areamay be cleansed of the Frontier CrimesRegulation (FCR). Article 184 and Article199 of the onstitution empowers theCSupreme Court and High Courts to workfor the protection of fundamental rights ofthe citizens. The FCR continues to violateseveral fundamental human rightsthrough provisions such as collective
responsibility. There have been severalattempts to streamline governance inFATA, such as through the introduction of aFATA Tribunal in 2011 as an appellate bodyover the judicial powers of the PoliticalAgents (PAs). However, the PAs remainedthe sole decision makers with respect tot h e a g e n c i e s f a l l i n g u n d e r t h e i rjurisdiction. The FATA tribunal cannot andshould not be an alternate for the judicialcourts to ensure protection of humanrights in FATA.
Second, the amendment will ensureprovincial representation for FATA.Merging FATA with KP will ensure seats forFATA representatives in the KP provincialassembly. Pakistan has a federal structureand keeping FATA directly under theadministrative control of federation hasnever made sense. It will have implicationsfor the National Finance Commission(NFC) award as well. FATA is being fundedthrough the federal share in the NFC awardand the funding channel is the inistry ofMStates and Frontier Regions (SAFRON).After the inclusion of FATA in KP, there willarise the need for an increase in the shareof KP in the NFC award. It will alsoempower the provincial government tomove summaries to the President throughthe governor of KP for ex tendingprovincial laws to these tribal areas.
However, this amendment does notaddress many lacunas in the prevailinggovernance structure of tribal areas. Itdoes not empower the arliament as wellPas the KP and Balochistan provincialassemblies to legislate for tribal areas. ThePresident and governors of KP andBalochistan wi l l cont inue to holdlegislative powers with respect to the tribalarea. This amendment also does notaddress the critical issue of democraticrepresentation faced by citizens of tribalareas. Including FATA in KP withoutaddressing this issue, will have seriousimplications on the KP provincial assemblyto legislate. If FATA is included in KP-PATA(Provincially Administered Tribal Areas),the KP tribal areas will constitute hardly 50percent representation in the KP assembly.Every law passed by the KP assembly willthen not be applicable to almost half of theprovince even if the law blatantly states
that, 'the Act shall come into force at once'.As a result, the President and the governorof KP will still possess the authority toextend laws enacted by the KP assembly toPATA. History bears witness to the fact thatseveral laws enacted by the KP assemblywere never extended to PATA. An exampleis the Khyber Pakhtunkhwa Right toInformation Act 2013 .�
M o r e o v e r , i t a p p e a r s t h a t FATAparliamentarians are hesitant in shiftingdecis ion mak ing powers from thePresident to the parliament and provincialassemblies, in order to avoid taxation. FATAand PATA are currently exempted fromdirect taxes. However, if these areas comeunder the direct legislative ambit of theparliament and provincial assemblies,such exemptions will have to vanish. Afterthe 18th onstitutional mendment, taxesC Aon services and many other taxes were
Opinion
Muhammad Anwar
The 22nd ConstitutionalProposedAmendment and Mainstreaming FATA
Executive DirectorCentre for Governance and Public
Accountability (CGPA)
26 27
The proposed abolition of the FCR orcomprehensive changes to it in line withthe fundamental rights presents threeoptions for the status of FATA. FATA couldbe merged into KP, become its ownprovince, or FATA could run with its ownGovernor with a Central Council, as well asagency and tehsil councils. The 22ndConstitutional Amendment proposes the�rst of these . Failing this, a plethora ofissues need to be managed. These includethe in�uence of the PA's, the separation ofadministration and judiciary, the FATAcouncil, holding local body elections,representation of women, development,education and health facilities and thein�uence of the government within theambit of the judiciary.
As it stands, two things seem to behappening simultaneously: the ginger �rststep of merging two agencies into PATA,
and doing away with FCR altogether, andmerging FATA into the KP province. Boththese developments present a glimmer ofhope for the people, who, according to aformer governor General (retd) AliMohammad Jan Orakzai, “have beentreated as caged monkeys” and haveremained subjugated by over a century ofbad governance, archaic policies, anddated regulations. But it must be said thatneither recent development is official, norexpected soon. Most of the older FATA MPsbelieve in a gradual shift from the currentstatus to a macro mainstreaming of FATA.
However, the pull of the forces of statusquo is simply stronger than those whofavour comprehensive reform, wherebythe law of the land could be extended toFATA and could be thus mainstreamed.Merging Orakzai, Khyber and Bajaur intodistricts Peshawar and Swat respectively
could probably be the �rst steps tomainstreaming these FATA agencies.To turn the tide, a series of mechanisms willneed to be deployed to help mitigate thepowerful political economy that sovehemently resists any attempt at change.Given political will at the highest level, thedeeply entrenched vested interestsmentioned above can be displaced. Thatcan happen only when the residentPsurrenders his powers under Article 247 tothe parliament, followed by the rulingparty actively pursuing change of status ofFATA. For this, mainstream political partiesshall have to blunt the arguments oftenpeddled by the mighty forces of status quoi.e. bureaucrats, Maliks, the securityestablishment and those who play second�ddle to these forces.
References:
1. This article largely draws on the author's personal writings, interactions with prominent Pashtoon leaders and intellectuals as well as the advocacy campaign that he ran as head of the Center for
Research and Security Studies.
2. FATA Secretariat is the administrative arm of the Governor, who as a representative of the Federation of Pakistan looks after FATA.
3. SAFRON is a federal ministry in Pakistan, currently headed by Lt. Gen.(R) Abdul Qadir Baloch, which is responsible for dealing with issue of the tribal areas, including FATA.
4. Author's interviews with politicians and army representatives.
5. http://www.na.gov.pk/uploads/documents/report_constitutional_18th_amend_bill2010_020410_.pdf
6. http://fatareforms.org/2011/08/27/fcr/
7. The Islamic Movement of Uzbekistan (IMU) is a militant Islamist group formed in 1998, which eventually expanded into Afghanistan and �ed after the US invasion following 9/11.
8. http://fatareforms.org/2014/08/12/peshawar-high-court-fata-judgment-analysis/
9. http://tribune.com.pk/story/704500/venturing-into-tribal-areas-detailed-judgment-outlines-phc-jurisdiction-in-fata/
10. http://fatareforms.org/2014/08/12/peshawar-high-court-fata-judgment-analysis/
11. http://fata.gov.pk/Global.php?iId=29&�d=2&pId=25&mId=13
12. http://fatareforms.org/2014/05/22/fcr-role-maliks-fata-system-audio/
13. http://www.thenews.com.pk/Todays-News-9-211298-Fata-revive-the-Malik-system
14. http://tribune.com.pk/story/229954/president-zardari-signs-fata-political-parties-order-2002-extension/
15. For this campaign CRSS partnered with the National Democratic Institute.
16. http://tribune.com.pk/story/949674/streamlining-bajaur-mohmand-to-be-merged-into-pata/
17. http://tribune.com.pk/story/954097/proposed-22nd-amendment-fata-mps-upbeat-about-support-of-two-thirds-majority/
18. Author's interview with Gen (retd) Orakzai at Governor's House in September 2005.
The Provincially Administered Tribal Areas(PATA) are administrative subdivisionsdesignated in Article 246(b) of theConstitution of Pakistan. PATA includesthe following tribal areas and territories:
In Khyber-Pakhtunkhwa:� Chitral District� Upper Dir District� Lower Dir District� Swat District� Buner District� Shangla District� Kohistan District� Kala Dhaka District� Malakand and Tribal Area adjoining
Mansehra District (Battagram, Allaiand Upper Tanawalormer) and formerAmb state.
In Balochistan:� Zhob District� Killa Saifullah District� Musakhel District� Sherani District� Loralai District� Barkhan District� Kohlu District� Dera Bugti District� Dalbandin Tehsil of Chagai District
PATA
© UN-Habitat Pakistan
In the past decade or so, the FederallyAdministrated Tribal Areas (FATA) havebeen �ashing on news screens across
the globe for all the wrong reasons. Caughtin a gigantic battle between anti-stateelements and the State of Pakistan, thisregion has been nothing but tumultuousin the recent past . With mass ivedisplacement spanning over half a decade,the people of FATA have suffered untoldmiseries. The situation has, however, takena turn for the better in the past year. Theconstant exertion against militants hasstarted paying dividends and there is�nally light at the end of the tunnel. Thecon�dence of the policy makers regardingsuccesses against anti-state elements,resulted in a phased return, which startedin March 2015 and close to 60,000 familieshave already gone back to their areas oforigin, as this paper is being written.
FATA is returning to normalcy after aturbulent decade. There is consensusamongst all stakeholders that this mightbe the right time to introduce reforms anddirect the region onto a path of sustainedgrowth and improved governancestructures. The FATA Sustainable Returnand Rehabilitation Strategy (R&R) providesa broad framework, in line with thegovernment's policies. This article focuseson the component of reforms.
The reforms, as envisaged in the Strategy,revolve around the rule of law, municipaland administrative functions. The purposeis to provide a platform for the largerconstitutional reforms, as and when theytake shape. Similarly, in order to providefocus and sustained convergence, alimited but important menu is chosen forimplementation in the next two years. Avery important aspect of this Strategy isthat it has not been made conditional to
Opinion
Shakeel Qadir Khan
The promise that is FATA
SecretaryPlanning and Development
FATA Secretariat
devolved to provinces as revenue sourcesfor supporting devolved departments (see'Harnessing General Sales Tax on Services'by Dr. PervezTahir, Development AdvocatePakistan, Volume 2, Issue 1, p.17). For KP,having such large areas without taxationwill be hard to sustain.
Finally, the 22nd mendment bill will alsoAtrigger amendments in the followingarticles of the onstitution:C� Amending article 1, section 2, for
exempting FATA from the territories ofPakistan, as it will become a part of KP;
� Amending article 55, to include MNAsfrom FATA into KP;
� Amending article 59, composition ofSenate members will be readdressed;
� Amending article 106 for increasingthe number of seats of the KP assemblyso representation from FATA can beensured, and;
� Exempting the name 'FATA' fromArticle 155, Section 1 (complaints as tointerference with water supplies).
Time will tell if the revised governancestructure post the 22nd amendment willbear fruit for the region. But it is an actionin the right direction.
28 29
References:
1. Text of the bill is available on http://www.senate.gov.pk/uploads/documents/1407838467_584.pdf
2. Recently KP assembly resolved to extend such laws to PATA. However, it is not under KP assembly jurisdiction to do so. For details, please see: http://www.dawn.com/news/1199149
Table 1: Estimated DPs return byIphase 4 & 5 (31 December 2016)
FamiliesDuration(months)
Agency
SouthWaziristan
North Waziristan
Kurram
Orakzai
TOTAL
49,467
40,867
20,970
17,384
128,688
3
5
3
2
TABLE 2: cus R&R strategyFo areas of
Tota
l Est
imat
edB
ud
get
(US
$ m
illi
on
)
Budget breakdown (US$ million)Focus Areas
RehabilitatingPhysicalInfrastructure
60 � Rubble removal – 2� Education – 13� Heath – 8� Water – 8� Energy – 6� Communications – 7� Irrigation – 10� Housing – 3� DRR - 3
StrengtheningLaw and Order
15 � Rehabilitation of infrastructure – 6� Training for law enforcement agencies – 1.5� Equipment – 3� Awareness training in mines and unexploded ordinances – 0.5� Access to justice - 4
ExpandingGovernmentService Delivery
8 � Rehabilitation capacity assessment and governance plan – 0.3� Human resource system – 2.7� Equipment – 2� IT system – 0.5� Grievances redress – 0.5� Rehabilitation and reconstruction coordination cells – 2
ReactivatingandStrengtheningthe Economy
27 � Skills training – 6� Grants for micro-entrepreneurs and small business – 8� Business development and employability devices – 3� Agricultural extension centers – 3� Livestock extension centers – 3� Markets/commerce and trade support services – 2� Industry support services - 2
StrengtheningSocial Cohesionand PeaceBuilding
10
TOTAL 120
� Social mobilization – 2� Community grants for social cohesion – 6.5� Communication and outreach campaigns – 0.5� Citizen-led peace building initiatives - 1
© UN-Habitat Pakistan
Fundamental human rights are inherentto human beings and are thus regardedas inalienable. As citizens of Pakistan,
the people of FATA are entitled to similarrights. Pakistan, as a UN member state havingrati�ed the Universal Declaration of HumanRights (UDHR), and being a signatory to theInternational Covenant on Civil and PoliticalRights (ICCPR), International Covenant onSocial, Economic and Cultural Rights (ICSECR)and Convention Against Torture and othercruel, inhuman and degrading treatment(CAT), is under an international obligation tofully respect and protect fundamental rightsof all its citizens.
Of more authoritative signi�cance is theConstitution of Pakistan that gives explicitrecognition and takes responsibility for theprotection of certain fundamental rights.Chapter one of the Constitution guaranteesthe security of person, safeguards againstarrest and detention, protection againstforced labour, slavery etc., and protectionagainst retrospective punishment, doublepunishment or self-incrimination. It furtherguarantees the dignity of man, freedom ofmovement, assembly and association, rightto indulge in business or trade, to exercisefreedom of speech, religion, and right toacquire and hold property. It also provides forsafeguards against taxation on religiousgrounds, safeguards against discriminationin services and non-discrimination in respectof access to public places; guarantees citizensthe right to education and enunciates theprinciple of the equality of the citizens as afundamental right. Besides these individualrights, the constitution also recognizes and
protects rights of communities as to theirlanguage, script and culture. Through theeighteenth Constitutional amendment bill,three important fundamental rights werealso introduced: the right to a fair trial (Article10 A), right to information (Article 19-A) andthe right to education (Article 25),made partof the constitutionally guaranteed rights.
To ensure further protection of these rights,Article 4 of the Constitution provides thatever y indiv idual shal l be treated inaccordance with the law. To avoid anyinhibitions or curtailment of these rightsunder the garb of law, Article 8 of theConstitution expl ic it ly prohibits theenactment of any law which takes away orabridges the fundamental rights anddeclares that any law which is inconsistentw i t h t h e r i g h t s g u a r a n t e e d i n t h eConstitution shall be void to the extent ofsuch inconsistency.
Equality and non-discrimination are thecross-cutting principles at the heart of allinternational human rights regimes, and so ofthe fundamental rights as enunciated in theConstitution of Pakistan. People inhibitingFATA are entitled to equal enjoyment andprotection of their rights and cannot becurtailed or infringed on any pretextwhatsoever. Furthermore, since FATA is anintegral part of Pakistan with its inhabitantsenjoying equal status of citizenship underPakistani citizenship laws, there exists nol e g a l o r m o r a l j u s t i �c a t i o n fo r a nydiscrimination in the entitlement andprotection of their fundamental rights by thestate. Superior judiciary of Pakistan has, in itsvarious judicial pronouncements, invariablyupheld this principle time and again.
Yet, the sad fact is that they remain deprivedof their rights owing to the exclusion of FATAfrom the constitutional order of the statewhich is based on the cherished principle ofthe trichotomy of powers between theExecutive, Legislature and the Judiciary.
Article 247 of the Constitution excludes FATAfrom the constitutional order and vests allconstitutional powers in the federalexecutive organ of the state (SeeTable 1).
Consequences of such exclusion go to theheart of the tragedy in FATA which hasdenuded its inhabitants from all the rightsthat they otherwise possess. First, and ofmore paramount concern, is the bar againstthe jurisdiction of higher judiciary in the
tribal areas. The Constitution vests duties andpowers in the Supreme Court and therespective High Courts, under Article 184 and199 respectively, for the protection offundamental rights of citizens.Thus, there areno remedies available to them to agitate theinfringement of their rights.
Second, the tribesmen are deprived fromtheir right to political participation andl e g i s l a t i o n t h r o u g h t h e c h o s e nrepresentatives. Although the Constitutionprovides representation to FATA in theNational Assembly as well as in the Senate ofPakistan, however, such representationmeans little in view of the exclusion of theparliament's powers to legislate on FATA. Onthe contrary, the President is empowered tomake regulations for peace and goodgovernance in the area.
As a corollary to the above, FATA is alsodeprived from various tiers of governanceand representative rule as available to thecitizens of other federating units, that is, thefe d e r a l g ove r n m e n t , t h e p rov i n c i a lgovernment and the local government.
On the sub-constitutional level, FATA isgoverned through the archaic FCR enactedduring the colonial era. The regulationprovides a mechanism for the administrationof justice and the general executiveadministration, vesting both these powers inthe executive officer designated as thePolitical Agent (PA).
On the judicial side, the FCR is a procedural aswell as a substantive law in as much as itcreates certain offences. Frequently dubbedas the “ black law ”, “un- Is lamic ”, and“unconstitutional” by academic and judicialauthorities, the late Justice Corneliusdeclared it, “obnoxious to all recognizedm o d e r n p r i n c i p l e s g o v e r n i n g t h edispensation of justice.”
In contravention to the constitutionalcommand that requires an independentjudiciary, free from any executive in�uenceand interference, the PA – an executive officerof the federal government, performs judicialfunctions and adjudicates upon disputes ofcivil and criminal nature under the FCR.To theexclusion of any other court, the PA, aftertaking cognizance of civil (Section 8) andcriminal disputes (Section 11) makes areference to his handpicked Jirga or councilof elders for monitoring and evaluation. Thisreference to the council of elders is in the
Opinion
Sangeen Khan
The State of Human Rights in FATA:A constitutional and judicial case study
AdvocateHigh Court
the receipt of external support. Therefore,work has already begun on almost allaspects of the reform agenda.
The �rst and foremost area for reforms isthe justice system. A literature review ofthe earlier reports on FATA suggests thata l m o s t 8 0 p e r c e n t o f t h ere co m m e n d a t i o n s p e r t a i n to t h i sparticular area of governance. FATA is oneregion where the“Social Contract”with thecitizen is still different from the one, whichis in vogue in the rest of the country, or forthat matter, globally. Based on age-oldagreements which individual tribes inkedwith various governments, the tribes tookmany of the functions of the state uponthemselves. This necessitated certain legalinstruments, which are different from theregular law and the process associatedwith it. It is in this context that one hearsvarious terms like territorial responsibility,collective responsibility, Nikkat (grand-father rights), Jirga, Riwaj etc. It is, however,felt that a time has arrived where the SocialContract needs to be revisited, and itshould gradual ly be brought to ade�nition which is in-sync with elsewhere.For this purpose, changes in the judicialstructure, role of Levies and the judicialprocess are important.
It is in this backdrop that the GovernorKhyber Pakhtunkhwa recently announcedthe establishment of the Office ofAdditional Political Agent Judicial. Thepurpose is to separate the administrativeand judicial roles of the Political Agent (PA).I n o r d e r t o s u p p o r t t h i s o ffi c e , aprosecution service will be introduced atall levels of courts in FATA, as well as at theappellate courts. While the budgets as wellas positions for a prosecution service arealready approved, the federal governmenthas been approached for the creation ofthe Office of Additional Political AgentJudicial, along with the requisite budget.
In order to support the reformed judicialst ruc ture, there is a lso a need torestructure Levies and Khassadars; the twocivi l ian law- enforcing arms of thegovernment. As per government policy,Levies shall be strengthened into a vibrantpolicing force that is able to ensure lawenforcement and houses expertise inseveral skill areas including investigationand forensics. For this purpose, asupervisory structure is being introducedfor providing it better leadership. Similarly,a plan to tra in Lev y personnel ininvestigation, forensics, report writing,t r a ffi c m a n a g e m e n t , i n f o r m a t i o ntechnology, human resources and othersuch skills, was planned to roll out inOctober. Purpose built buildings, whichcould serve as police stations, will also beconstructed at 57 different locations
across FATA. The �rst batch of seven suchbuildings has been approved and work willstart on these once funds are madeavailable.
Provision of Municipal functions has beenpicked as the second area of reform. It isu n d e r s t o o d t h a t t h i s e n t a i l s t h einfrastructure component, wherein basicinfrastructure including machinery, will beprovided to the urban areas of FATA. It is,however, the legal part which is of interestfor this paper. With the establishment ofthe Municipal Committee Khar BajaurAgency, plans are afoot to establish suchcommittees in Bara, Jamrud, DarraAdamkhel, and Wana in the next phase.This will be increased to a total of 23 urbanareas in a phased manner. The basicadvantage is, of course, the provision ofbasic civic amenities to the residents ofthese urban areas. However, there isanother aspect of equal importance. Basedon a tribal tradition, wherein an area couldb e e x c l u d e d f r o m t h e t e r r i t o r i a lresponsibility of a particular tribe allowingthe olitical dministration to take directp acognizance, these urban areas shall bedesignated as “protected territories,”where a direct cognizance by the stateagainst crimes (against person as well asproperty) can be taken. FATA Secretariathas started working on a list of laws whichcould be extended to these areas in oneg o , t h u s s t a r t i n g t h e p r o c e s s o fmainstreaming FATA gradually.
The last area of focus shall be theadministrative reforms. In order toimprove the quality of construction, theFATA Secretariat has already completedthe pre-quali�cation of consultants whos h a l l b e e n g a g e d fo r d e s i g n a n dc o n s t r u c t i o n s u p e r v i s i o n o f t h einfrastructure projects. Similarly, an in-house renationalization exercise hasstarted to gradually close all those facilitieswhich were constructed in violation of theapproved criteria or where the quantumand extent of services delivery is below anapproved threshold. Likewise, a well-equipped FATA Analysis and StrategyTeam(FAST) has been put in place to get a betteranalysis of the law and order situation inthe region.The actual game changer in thisrealm is the decision to proceed with thesettlement of land and development ofthe 'Record of Rights' in FATA. It is fullyacknowledged now, that determination ofindividual ownership is a key to long-termeconomic development and that this is theripe time to start the process. For thispurpose, all the command areas of thosedams, which were completed or are in theprocess of completion, shall be chosen inthe �rst phase. At the same time, some ofthe urban areas, which were alluded toearlier, will also be picked for the purpose.
For this purpose, allocations have beenmade in the Annual Development Plan forthe creation of a Project Management Unit(PMU).
FATA is embarking on a road which hasbetter things to tell. The interest ofinternational development partners is alsoencouraging. UNDP has already partneredwith the FATA Secretariat for supervisingthe implementation of the R&R Strategy.Similarly, it is also providing for steeringthe reforms in the realm of rule of law. It isexpected that other partners will also joinhands with us in order to achieve thisdifficult yet, possible goal.
30 31
or offence in the nature of fatal wounds to anyperson is committed, the entire tribe isdeemed to have committed an offence undersection 22 and the burden of proof standsshifted to the tribe to prove that they did notpossess the opportunity to prevent thecommission of offence or the arresting ofoffenders, and to further substantiate thatthey used all reasonable means to bring theperpetrator to justice.
These provisions bluntly violate thep r i n c i p l e s o f i n d i v i d u a l c r i m i n a lresponsibility, creates guilt by association,authorizes disproportionate punishments,violates the tribesmens' right to be treated inaccordance with the law (Article 4), offendsthe right of 'security of person' (article), rightof safeguard against arrest and detention, inparticular the right to be represented by alegal counsel (Article 10), the right ofinviolability of the dignity of man (Article 14),the right to freedom of movement (Article 15)and the right to equal treatment sansdiscrimination (Article 25).
PAs, apprehending a breach of peace orcommission of a wrongful act by a person,can require him/her to execute a bond forgood behavior for a period of two years(Section 40). Such power, however, goesbeyond individuals and the PA can require
families, clans and in some cases, even tribes,to execute such bonds (Section 41); failure ofdoing so may result imprisonment of up totwo years (Section 44). Article 10 of theCo n s t i t u t i o n a u t h o r i z e s p re ve n t i vedetention of persons in extremely limitedcases involving serious issues of integrity,security or defense of Pakistan or any part ofthe country or the external affairs, publicorder or maintenance of supplies or services,for a limited period of three months whichcan only be extended for the same periods bythe appropriate review boards appointed bythe Supreme Court and the respective HighCourts, and are subject to judicial review byt h e J u d i c i a r y. T h e s e c o n s t i t u t i o n a lsafeguards are, however, not available to thepeople in FATA. Such unbridled powers in thehands of the PAs with no appropriate judicialoversight results into widespread violationsand abuses of fundamental rights in FATA. Inaddition, PAs are vested with powers toprohibit erection of buildings, direct removalof villages, order attachment and disposal ofbuildings (Section 31, 32), all raisingcomplicated questions of the civil rights ofcommunit ies with no impar t ia l andindependent avenue of redress available tothem.
After amendments in the FCR in 2011 ofintroducing the right of bail and prohibition
against arrest and detention of children,women and aged citizens, meant little for thepeople in FATA. Bene�ts of these reforms, ifany, were swiftly reversed through theintroduction of another law: the Action In Aidof Civil Power Regulations, which authorizedpunishments and executions of persons andeven children accused of terrorism relatedoffences. Similarly, there are no proper lawsavailable to women and children regulatingmatrimonial issues like dissolution ofmarriages, or custody of children, whichresults in frequent human rights violations. Inthe absence of proper legal regimes andjudicial hierarchy coupled with the generalpreference of adherence to local customsunder the FCR regime, females suffer theworst violations by falling prey to abhorablecustoms (SeeTable 2).
The state of Pakistan has an internationalobligation and constitutional duty to protectthe fundamental rights of the FATA people.The administrative and judicial system underthe FCR is beyond reformation. Respect andprotection of fundamental rights for the FATApeople can only be secured by bringing thearea at par with the rest of country andincluding it in the constitutional order of thecountry.
nature of trial.
Proceedings in the Jirga or the council ofelders are not regulated by any law and bearno concept of the standard of proof requiredfor reaching a just conclusion. In order toreach a conclusion, the only requirement forthe council of elders, in a civil case is“�ndingsin accordance with “Rewaj,” while for acr iminal case, the counci l of e ldersd e te r m i n e s t h e " �n d i n g o f g u i l t o rinnocence" after "holding necessary inquiryand hearing the parties and witnesses". Thecouncil of elders then transmits its report tothe PA. Findings of the Jirga are, however, notbinding on the PA who can remand the caseback to the council of elders for furtheri n q u i r i e s a n d � n d i n g s , i n c a s e o fdissatisfaction. In the absence of formal rulesof adjudication by the council of elderscoupled with the arbitrary powers of the PAto maneuver the process of adjudicationaccording to his own whims, creates enoughspace for unfair capricious decisions inmatters involving rights and lives.
In the �rst ever substantive reforms process,the right of appeal and review wereintroduced in the FCR (Section 50 and 55-A)but these amendments fel l shor t ofintroducing accepted norms and standardsfor the safe administration of justice. Theappellate authority, in its criminal appellatejurisdiction, is speci�cally barred to set asidethe �ndings on any question of fact by acouncil of elders. Similarly, in its civiljurisdiction, the appellate authority cannotvary or set aside any decision or decree unlessit is of opinion that there has been a materialirregularity in the proceedings or they havebeen so conducted in a manner as tooccasion a miscarriage of justice or is
otherwise contrary to the good conscience ormorality. Powers of the FATA Tribunal at therevisional stage are at best equivalent to, ifnot restricted than, the appellate authorities.
Thus, the venues of appeal and revision aremeaningless as the process for trial throughthe Jirga council is absolutely relieved fromall rules of law, legal technicalities and legalforma. In the absence of formal rules andprocedures regulating the conduct of trialcoupled with the bar on the appellate andreview jurisdiction to vary or set aside the�nding of facts accepted at the trial stage,there is no yardstick to ascertain materialirregularity, defect in the proceedings andmiscarriage of justice for the appellate andreview jurisdictions.
Besides the lack of appropriate proceduralmechanism for the administration of justice,the trial as well as the appellate forum fails topass the constitutional muster. PAs andassistant PAs are employees of the federalgovernment exercising executive authorityof the government for administration of thearea, law enforcement and maintenance ofpeace with concomitant judicial functions.The court of commissioner is also anexecut ive office per forming judic ia lfunctions at the appellate level. The threemembered FATA Tribunal headed by a retiredcivil servant of BPS-21 also fails to meet thestandards and requirements of a judicialforum as has been recently held by thePeshawar High Court.
Given this, the inhabitants of FATA aredeprived of appropriate legal forums fordetermination of their civil rights andobligations and have no venue for their rightto free and fair trial whilst facing a criminal
charge. This bluntly militates against thefundamental right to a fair trial as enunciatedin Article 10-A of the Constitution.
Frequent violations of human rightsemanates from the administrative regimeunder the FCR which is premised on theprinciple of minimum state intervention inthe area, that is, the total or near total lack of agovernance system. The resultant void is�lled through shifting the burden of state tothe clans and tribes of the respective areas. Inabsence of a police force and otherparaphernalia required to deal with matterslike crime control and maintenance of peace,FCR obligates the tribes to perform dutiesand functions of the government. Thissystem is based on a mix of subsidies and anon-representative patronage system ofMaliks appointed by the PA, working asintermediaries between the state andsociety.
Law and order, maintenance of peace andcrime control is managed through thecollective responsibility of the tribesmen. Incase a person is accused of acting in anunfriendly, hostile or subversive manner tothe state or to any other person within thesettled area, the PA enjoys arbitrary powersunder section 21 of the FCR to arrest anddetain members of the tribe to which theaccused person belongs, and can arrest theentire sub-section or even other sections ofthe tribe. He yields the authority to orderattachment of their properties and can evendebar their entry into settled areas.
Section 23 empowers the PA to impose �neson communities in case a criminal offence iscommitted within the territory of the tribe. Inthe event where murder, culpable homicide
32 33
Consequences
Preamble/enactment of FCR
Frontier crimes regulation, 1901 is anorder/regulation passed by the Executive and isnot a law passed by legislature or any otherdemocratically elected forum.
Violation of the right to be ruled through chosen representative, which isinherent to the constitution.
Article 247
Section 4-5 Vests the executive, law enforcement and judicialpowers in the executive officer of the government,the assistant political agent and political agent.There is no accountability or democratic oversightsystem in place to check the exercise of powers bythese officials.
The judicial system provided by the FCR is against the command of theconstitution which provides for a thoroughly independent judiciary(Article 2-A), Article 175 which stipulated a period of 14 years forprogressive separation of judiciary from the executive, and Article 203which vests powers of the superintendence of the subordinate courts inthe respective high courts excluding any role for the executive in thejudicial hierarchy.
Section 8-11 Provides for the resolution of civil and politicaldisputes by the council of elders (jirga) appointedby the political agents.
This system of the administration of justice is against the command of theConstitution which provides for a thoroughly independent judicial forumfor resolution of disputes and determination of the rights of people, andviolates the fundamental right of the tribal people to a fair trial asenvisaged under article 10-A of the constitution.
Table 2: ADMINITRATIVE AND JUDICIAL SYSTEM UNDER THE FCR VIOLATING FUNDAMENTAL RIGHTS OF TRIBAL PEOPLE
Section 21-22 Provides for collective responsibility of the clansand tribes.
System of collective responsibility of the tribes violates the right to betreated in accordance with the law (Article 4), offends the right of securityof person (article), right of safeguard against arrest and detention, inparticular the right to be represented by a legal counsel (Article 10), theright of inviolability of the dignity of man (Article 14), the right to freedomof movement (Article 15) and the right to equal treatment sansdiscrimination (Article 25).
Section 48 and55
Provides for the appellate and revisional forums. The judicial system de�ning the judicial mechanism for appeal andrevision against the orders of the �rst instance court is also against thecommand of the constitution which provides for a thoroughlyindependent judicial forum (Article 2-A), Article 175 and Article 203.
Consequences
Sub-article 1 Direct executive control and management of thearea by the federal government.
Inhabitants of the area deprived from multiple tiers of governance andentitlement to resources allocation under the constitution.
Article 247
Sub-article 3 No law enacted by Parliament can be applied toFATA unless directed by the President with suchamendments and modi�cations as the presidentmay deem �t.
Circumventing powers of parliament to make any law for FATA and thusviolating the right of people to be ruled through their chosenrepresentatives.
Sub-article 5 President is empowered to make regulations forpeace and good governance.
Unlike other areas of Pakistan which are governed through 'rule of law'based representative institutions exposed to judicial and parliamentaryscrutiny, FATA is governed through an unaccountable system.
Sub-article 6 President has the exclusive powers to decidewhether any area making part of and ruledthrough the administrative system under the FCRwill remain as it is or status of the tribal territorybe changed. President is only required to convenea Jirga for ascertaining the views of the people forthe purpose. There are no rules or mechanismavailable that may ensure the representativestatus of such Jirga.
To ascertain public views on a matter of public importance, theConstitution of Pakistan provides for conducting a referendum underArticle 48(6). Article 247(6) denies this mechanism to tribal people. UnlikeFATA, any change in the territorial limits of the federating units requires anamendment in the constitution and such an amendment cannot beintroduced unless the provincial assembly of the province affected by suchan alteration passes a resolution with two-thirds majority in support of thealteration.
Sub-article 7 Neither the Supreme Court nor High Court shallexercise any jurisdiction in relation to the tribalareas.
Under the Constitution, fundamental rights can only be enforced throughinvoking the jurisdiction of the Supreme Court and High Courts. Exclusionof the jurisdiction of the Supreme Court and a High Court essentiallydeprives the tribal people from all their fundamental rights guaranteed bythe constitution.
Table 1: EXCLUSION OF FATA FROM THE CONSTITUTIONAL ORDER
Section 40, 41and 44
Provides for requiring security from individuals,families and even clans and tribes, for themaintenance of peace and good behaviour, failureto execute security/bond entails punishment ofup to two years.
Curtails the constitutional safeguards against arrest and detention asguaranteed in Article 10 of the Constitution.
Human stories from FATA
Light in the darkLight in the darkA massive gap between destruction and development is badly impacting girls education in
FATA
“There are no rooms and the veranda is completely destroyed but this did not stop us from acquiring education. We havebeen attending classes regularly, although when natural conditions do not allow, we have no choice but to skip classes thatday,”asserts Sidra, a nine year old who is a student of grade two. Despite unsafe circumstances, she attends school daily forthe sake of acquiring knowledge, along with her other class mates.
Militants destroyed the government girl's primary school at Hukam Khan Kalay village in Khyber Agency four years ago.There were up to 200 local tribal girls enrolled at this school, who are now relocated to broken walls, uneven �oors and nofurniture. Their desire for education compels them to �nd the best in the worst. Girls and teachers at the school say thatseveral promises have been made by authorities for infrastructure and trainings. They look forward to the time when thesepromises will take shape and the region will provide free and accessible education under safe circumstances. They alsobelieve that an end to corruptive practices will immensely improve the condition of education in the region.
Disclaimer: The story has been conducted and reported by Mr. Rahat Shinwari, as per conversation with the affected.
Human stories from FATA
Where there's a will,there's a way
Where there's a will,there's a way
Education is the dream of many but a limitation for most, with several parts of the world still
�ghting to acquire this basic right, as depicted in Sara Yaqoob's story
Sara Yaqoob, a 19 year old talented Christian girl who topped the Government Girls Higher Secondary School Fscexaminations this year, but could not continue higher education due to poverty and the unavailability of a degree awardingcollege for girls in the region. From 2008 to 2015, militants have destroyed 82 Government schools in Khyber Agency,majority being girls' schools. However, Sara's passion for education was so immense that she fought for this right. With a littlehelp from social media and a local scribe, Sara tweeted her case and her inability to pursue higher education owing to apaucity of �nancial resources.
Within a short while, Sara received immense support and was awarded a scholarship for pursuing higher education by theGovernor of Khyber Pakhtunkhwa. She also received �nancial assistance from several other individuals and organizationsand is well on her way to achieving her dreams. However, she remains concerned about the fate of other girls in the region,who face limited resources and no incentives to acquire education. She hopes that one day, the region will be home toseveral girls' education institutes, fully equipped with female teachers, and funds allocated for the purpose will rightfully beemployed. She feels overjoyed to be a model for many girls in the region and urges families to be more encouraging of girls'education.
Disclaimer: The story has been conducted and reported by Mr. Rahat Shinwari, as per conversation with the affected.
© Rahat Shinwari
© Rahat Shinwari
© Rahat Shinwari © Rahat Shinwari
say that again
Interview
Ajmal Khan WazirConvener and spokesperson, Political Parties Joint Committee on FATA ReformsCentral Senior Vice President, PML (Q)
FATA is a not a name but an English acronym. Do you think itreflects the true identity of the region and the people who livethere? Do you have a proposal for an alternate name for thearea?
FATA is not really a name, according to me. While the name shouldbe changed, it is pertinent to note that the question is not reallyabout the name, but about the constitutional status of FATA. Thisstatus needs to be amended and revised in order to allow for anychanges in the region.
Do you think it is justified to keep a “special status” of FATAdifferent than from the rest of the country even after 68 yearsof independence?Why?
The 'special status' allotted to FATA needs to change. Again, onlywhen the constitutional setup is modified, can the region witnessany change. There are several opinions out there regarding howFATA can be modified in order to ensure it is treated just as theremainder of the country is. These include merging it with KhyberPakhtunkhwa or making it an independent province orintroducing a governing body built on the model of GilgitBaltistan. However, what no one realizes is the 'how' aspect of suchmajor structural changes. For instance, the Khyber Pakhtunkhwagovernment is already unable to take proper care of its currentdistricts. How will it manage additional administration andfunctioning of a whole new region with so many districts? Suchquestions need to be properly planned out first before anyreformation takes place.
FATA is the most under developed region of the country. Inyour opinion, what are the key factors for under developmentin FATA?
Flourishing militant activities in the region and corruptivepractices of money pocketing by bureaucracy and officials are themajor reasons to blame for under development in FATA. Currently,all power is concentrated in the hands of three people-the PA, thegovernor and the President.There is no check and balance and as aresult there can be no accountability of resources allocated fordevelopment projects in the region.
What are your key proposals (related to social and economicdevelopment, legal, constitutional, political etc.) to bring insustainable development in FATA?
A 'Haqooq-e-FATA' package should be implemented, built alongthe guidelines of the Aghaz-e-Haqooq-e-Balochistan' package.This package should focus on four priority areas: education,
health, infrastructure and employment, and be implemented bythe government. Unfortunately, if you look around, the work thatthe army is doing for the region is quite visible (such as CadetCollege, construction of roads etc.) whereas, the governmentappears to be asleep when it comes to FATA. This package will givethe government the opportunity to build trust with the people ofFATA.
Moreover, the governance and constitutional structure should berevised, especially amendment in clauses three and seven ofArticle 247.
The international community should also become more involvedin creating opportunities for skill training for the youth of FATA.Moreover, the international community and other donors shouldcome together to create a fund of financial resources for youtheducation in the region. This will also help diminish the pest ofmilitancy plaguing the region, as every family bears severalchildren and owing to the inability to educate each one of them,many youth move into militant training as the only option foremployment.
Finally, the people of the FATA should be completely involved inthe decision making process through some sort of a referendumvia the local Qaumi (tribal) Jirgas. They are the ones most affectedand hence should be allowed full freedom to decide.
Interview
“...a 'Haqooq-e-FATA' package should be
implemented, built along the guidelines
of the Aghaz-e-Haqooq-e-Balochistan'
package.”
Asad AfridiSenior member, Political Parties Joint Committee on FATA reformsProvincial Political Training Secretary, Qaumi Watan PartyFATA Zone Chairman
FATA is a not a name but an English acronym. Do you think itre�ects the true identity of the region and the people who livethere? Do you have a proposal for an alternate name for thearea?
The name FATA does not do justice to the region or to the peopleabiding there. The Joint Political Parties Committee on FATAreforms would de�nitely like to propose a new name for theregion. Previously, the region has also been termed as 'Qabaili(tribal) Pakhtunkhwa.' In relation to this, the best solution lies inmaking FATA a part of Khyber Pakhtunkhwa, which willautomatically resolve the issue of a suitable name.
Do you think it is justi�ed to keep a “special status” of FATAdifferent than from the rest of the country even after 68 yearsof independence?Why?
This 'special status' was attributed to the region by the EnglishColonials, who had ulterior interests. Now, this status holds nojusti�cation whatsoever. When Article 1 of the 1973 Constitutionclearly states FATA is a part of Pakistan, then why should it be givendistinct treatment?With the demand of the FATA Parliamentariansto convert the region into Provincially Administered Tribal Areas(PATA), the issue of a 'special status' would automatically beresolved. This 'special status' is just in the interest of the civilbureaucracy, bearing no bene�t for the locals. It needs to beeliminated.
FATA is the most under developed region of the country. Inyour opinion, what are the key factors for under developmentin FATA?
Poor governance, to begin with. Ineffective implementation oflaws. Lack of implementation of laws. Corruptive moneypocketing practices by the bureaucracy, Maliks and militants, allresulting in a usurping of economic resources for development.The solution lies in ensuring that laws that the rest of the countryenjoys are also fully implemented in FATA, for example, the NABordinance should be extended and enacted to FATA as a means toend corruptive practices.
The region also has a separate secretariat! What could be moretelling that this reality? Each province is meant to have asecretariat, not each region! This utter confusion in governancemechanisms needs to end. How can a region develop until andunless the authority governing a region is itself confused? Or inFATA's case, does not really exist!
What are your key proposals (related to social and economicdevelopment, legal, constitutional, political etc.) to bring insustainable development in FATA?
Militancy should be immediately eradicated, this is the verypreliminary step in reforming the area. FATA should be made intoPATA and eventually, merging FATA into Khyber Pakhtunkhwa isthe long term, plausible solution.
say that again
“...militancy should be immediately
eradicated, this is the very preliminary
step in reforming the area.”
36 37
say that again
Interview
Ayaz WazirFormer Ambassador of Pakistan
FATA is a not a name but an English acronym. Do you think itre�ects the true identity of the region and the people who livethere? Do you have a proposal for an alternate name for thearea?
Owing to its past association with the region, the word FATA is theidentity �ag for that area. The name bears personal sentiment ofthe people who call the region their home. However, this nameshould be amended as it does not carry the true �avor of theregion or its people. This alteration should only be done with theconsent of the regions' inhabitants and the new name shouldre�ect their collective identity and the cultures of the land. Whenall individual agencies in FATA (such as Mohmand, Orakzai etc)bear names that are a re�ection of their culture and people, thenwhy should FATA be an exception?
Do you think it is justi�ed to keep a “special status” of FATAdifferent than from the rest of the country even after 68 yearsof independence?Why?
The status of FATA should have been identi�ed immediately afterindependence. With the continuation of the draconian FrontierCrimes Regulation (FCR) law since several years now, the peoplehave become accustomed to an unfair style of life. FATA is'administered' by individuals who are not locals and are notfamiliar with the design of the region. The FCR needs to beamended gradually and in the process, governance should bereformed such that FATA locals should emerge as the primarystakeholders in policy making for the region.
FATA is the most under developed region of the country. Inyour opinion, what are the key factors for under developmentin FATA?
The political process lacks representation from the locals in FATA.They have no say whatsoever in the systems that govern theregion and are at the mercy of the alien administrators, for whom itis all a game of money. If the region needs to evolve and develop atall, the locals need to be incorporated in the systems and theirvoices must be heard and acknowledged.
What are your key proposals (related to social and economicdevelopment, legal, constitutional, political etc.) to bring insustainable development in FATA?
Short, medium and long term goals should all focus on resettlingand rehabilitating the Internally Displaced Persons (IDPs). They are
permanently displaced, not temporarily displaced. Sufficientresources should be provided to focus on building infrastructureand normalizing lifestyles for these people. Europe's Marshal Plan,
which was the economic recovery plan implemented in Europe in1948, is a good model to learn from. Again, FATA locals areessential components who need to be incorporated in the designof the recovery for it to be successful and sustainable.
More importantly, the IDPs should have a sense of belonging: theyshould be deemed citizens of Pakistan and all rights should beapplicable to them. As for the possibilities of FATA being mergedwith Khyber Pakhtunkhwa or made a separate province, areferendum from the people of FATA should be the de�ningmechanism that fuels this decision. FATA's fate, in the long term,should belong to FATA's people, and no one else.
Interview
Former Secretary Security FATA,Security and Defense analyst
FATA is a not a name but an English acronym. Do you think itre�ects the true identity of the region and the people who livethere? Do you have a proposal for an alternate name for thearea?
This area is being governed under a special law. Unless the systemof governance is changed over time, and this law is altered,altering the name holds no signi�cance.
Do you think it is justi�ed to keep a “special status” of FATAdifferent than from the rest of the country even after 68 yearsof independence?Why?
First and foremost, the region does not encompass a stronggovernance and administrative system. It is this fault that needs tobe corrected whilst involving relevant stakeholders in the process.It is after this, that the status of FATA should be corrected, whichaccording to me, is unjust at the moment.
FATA is the most under developed region of the country. Inyour opinion, what are the key factors for under developmentin FATA?
I think historical neglect is to blame. Funding, which ismismanaged in addition to being corrupted, is not invested forpurposes for which it is intended. Till such a system of governanceremains where there is no accountability and transparency, theregion will always be dwarfed with development. Developmentmust be a sustained effort. The disease must be excised, not thesymptoms. The true understanding of this area still goes beyondthe understanding of the Federal Government.They do lip service,they play with words, and end up playing with the lives of thepeople in FATA.
What are your key proposals (related to social and economicdevelopment, legal, constitutional, political etc.) to bring insustainable development in FATA?
For the region to truly progress for the better, the vison needs tobe long term. The system of administration requires a crucialuplift: during my tenure, a series of changes were proposed andimplemented over �ve years.The area must be brought at par withthe rest of the country and the people of FATA should be madestakeholders in the system of administration.
FATA is not a name but an English acronym. Do you think itre�ects the true identity of the region and the people who livethere? Do you have a proposal for an alternative name?
The name certainly does not re�ect the true identity of the area orthe people. This area has been inhabited for thousands of years bytribesmen numbering more than millions now. Instead, the areashould be called 'Qabailistan'.
Do you think it is justi�ed to keep a “special status “of FATAdifferent from the rest of the country even after 68 years ofindependence?
This special status was granted by Quaid-E-Azam Mohammad AliJinnah and cannot be evoked without permission from the peopleof FATA.
FATA is the most underdeveloped region of the country. Inyour opinion, what are the key factors for under developmentin FATA?
Unfortunately, FATA has been neglected by all previousgovernments and deliberately kept underdeveloped. Though thekey factors are low literacy rate (which is a general problem inPakistan), other reasons include unclear policies by the FederalGovernment leading to utter neglect in service delivery sectors.
What are your key proposals (related to social and economicdevelopment, legal, constitutional, political etc) to bring insustainable development in FATA?
FATA has always been painted as a dark monster, lawless territoryand a no-mans land. It has deliberately been cut off from the rest ofPakistan. Outside powers are to blame for the unrest and the waron terrorism that the region is victim to. This area was a stagingground for Russia and now other foreign powers.
In the long-term, a 20 year Socio-Economic Development planshould be made which includes funds for education, health,infrastructure, rural development and mineral exploration. Thesefactors, when looked into, will eventually result in lowerunemployment rates. The Frontier Crimes Regulation (FCR),although an effective justice mechanism, needs to be amended aswell, as it has been abused several times. The people of the regionneed to be empowered and FATA should be made a separateprovince, governed by an authority hailing from FATA whounderstands the land and its issues.
“...a referendum from the people of FATA
should be the defining mechanism that
fuels this decision.”
Brig. (Retd.) Mahmood Shah
38 39
Ex-Federal Secretary Ministry of HumanRights Peshawar, Ex-Chief Secretary Northern Areas
Farid Khan Wazir
say that again
Interview Interview
Ejaz Ahmad QureshiChairman, FATA Reforms CommissionFormer Chief Secretary, Khyber Pakhtunkhwa
FATA is a not a name but English acronym. Do you think itre�ects the true identity of the region and the people who livethere? Do you have a proposal for an alternate name for thearea?
Deciding a name for the region should only be by the people ofthe region. The only caution to be observed is that the nameshould not be 'divisive'. The country is already divided onnumerous fronts and the last thing we need is another feather inthat cap.
Do you think it is justi�ed to keep a “special status” of FATAdifferent than from the rest of the country even after 68 yearsof independence?Why?
Tribal areas harbour diverse sentiments as far as their status isconcerned. The status of FATA should be declared by means of thegoverning mechanism of the Jirga. This Jirga should be aco m b i n a t i o n o f p o l i t i c a l re p re s e n t a t i ve s a n d t r i b a lrepresentatives. The Jirga should hold dialogue with locals andvarious groups, develop a consensus and subsequently, alegislation be passed based on this.
FATA is the most under developed region of the country. Inyour opinion, what are the key factors for under developmentin FATA?
FATA has been long neglected in terms of development. It doesnot have any solid standing in terms of being an agro economy oran industrial economy. The region houses several minerals thatonce tapped, can boost the economy and pave way fordevelopment in FATA. Moreover, cross border incomes need to bemade transparent and utilized for development initiatives in theregion. Furthermore, the Federal Government should allocatedevelopment funds for the region, even if the region is eventuallymerged with Khyber Pakhtunkhwa.
What are your key proposals (related to social and economicdevelopment, legal, constitutional, political etc) to bring insustainable development in FATA?
For the short term, the local government system should overseeall development projects and Jirga should be empowered as thegoverning mechanism for the region until a census takes placeand fresh elections are held.
In the long run, agency administration should be empowered:they should have a trained levy with the best police, traffic controland intelligence forces. The army and Frontier Corps should
monitor the border with Afghanistan as border encroachment is amajor issue. Education infrastructure is also the need of the hour.Ten billion rupees is the immediate approximate amount that isrequired for all such changes, followed by another 15-20 billioneventually. In addition, a rehabilitation package for the InternallyDisplaced Persons (IDPs) also needs to be introduced.
“...jirga should be empowered as the
governing mechanism for the region until
a census takes place and fresh elections
are held.”
Bushra GoharSenior Vice, President Awami National PartyMember of the Standing Committees on Finance and Revenue and Interior and the Working Council of theWomen Parliamentary Caucus
FATA is a not a name but English acronym. Do you think itre�ects the true identity of the region and the people who livethere? Do you have a proposal for an alternate name for thearea?
FATA means Federally 'Alienated Tribal Areas. isand Abandoned' Itan integral part of Khyber Pakhtunkhwa and should be merged inthe .province and fully mainstreamed
Do you think it is justi�ed to keep a “special status” of FATAdifferent than from the rest of the country even after 68 yearsof independence?Why?
What 'special status'? How can denying our citizens' fundamentalrights and using them as cannon fodder for so called strategicinterests be justi�ed? The people of FATA live under the inhumanBritish Law, the Frontier Crimes Regulation (FCR), even after 68years of independence. here is no justi�cation for this! In fact, it isTcondemnable. The state's self-destructive strategic depth policieshave destroyed several generations. FATA is viewed by Rawalpindiand Islamabad as merely a strategic space and its people ascannon fodder to be used for strategic interests. The political andtribal elite, military and civil bureaucracy have made billions bykeeping FATA backward. It is no wonder that those with hugevested interests living outside FATA never tire of praising the FCRand in fact, claim that FATA locals desire to live under the inhumanFCR and tribal system by choice. If they believe the system is sogood, they should extend it to the entire country. The British usedFATA as a buffer zone and for strategic interests. Unfortunately,Pakistan has continued in the same tracks by assigning FATA themere existence of a colony of Islamabad/Rawalpindi.
FATA is the most under developed region of the country. Inyour opinion, what are the key factors for under developmentin FATA?
The Constitution does not extend to FATA. It is strange that FATA'selected representatives in the parliament can legislate for theentire country except for the people they represent. Justice andfundamental human rights remain a remote dream for the locals,even in this day and age. Terrorism and terrorists are allowed tocultivate in FATA. Its social, political and economic fabric has beendestroyed. Over 200 local leaders were targeted and killed tocreate a vacuum �lled by the terrorists. Lives and livelihoods of thepeople have been destroyed and thousands of families displaced.Basic amenities are missing: hundreds of schools have beenbombed, there is not a single university or a large hospital in the
region. Locals have to travel all the way to Khyber Pakhtunkhwafor services that should be rightfully provided freely and inabundance by the state. There has been no accountability for thelarge number of lurking local and foreign terrorists who haveoperated from FATA for over a decade. There has been noaccountability of the billions received under the garb ofdevelopment. People of FATA are essentially victims of Pakistan'sself-destructive policies .and strategic regional interests
What are your key proposals (related to social and economicdevelopment, legal, constitutional, political etc.) to bring insustainable development in FATA?
For short term, the status of FATA agencies should be changed toProvincially Administered Tribal Areas (PATA) and given duerepresentation in the Khyber Pakhtunkhwa Provincial Assembly.
As per long-term goals, the FCR should be abolished and theconstitution extended to FATA. Local Government Law for FATAshould be enacted and elections held as in the rest of the country.Digni�ed return, reconstruction and rehabilitation of theInternally Displaced Families should be a top priority. Businessand homes destroyed in military operations should bereconstructed. should be repealed and theArticles 246 and 247superior judiciary's jurisdiction should be extended to FATA tobring FATA into the national mainstream.
40 41
say that again
“...articles 246 and 247 should be repealed
and the superior judiciary's jurisdiction
should be extended to FATA to bring FATA
into the national mainstream.”
say that again
Interview Interview
Farhatullah BabarSenator and Former Head, FATA Reforms Commission
FATA is a not a name but English acronym. Do you think itre�ects the true identity of the region and the people who livethere? Do you have a proposal for an alternate name for thearea?
The very name re�ects that it is not. It is administered fromPeshawar and Islamabad, by people who have had no local orhistoric context for the region. The locals are treated as 'aliens'. It isalso sometimes referred to as a strategic area which implies thatmore importance is laid on the land and its geographicalsigni�cance than the people who live there.
Do you think it is justi�ed to keep a “special status” of FATAdifferent than from the rest of the country even after 68 yearsof independence?Why?
On FATA bearing a 'special status' or being merged into KhyberPakhtunkhwa or being made a separate province, all possibilitiesshould be decided by the people of FATA. The Constitutionprovides the mechanism of a referendum in such a scenario. Thisissue must be decided in accordance with the wishes of thepeople of the tribal areas. Imposing an outsider's decision wouldbe a travesty for the people of FATA who have been neglected for68 years.
Until that happens, measures must be taken to ensure thefundamental rights of its people within their local governmentsand proper avenues of seeking justice should be provided.Whatever the status, the service delivery of justice, grievanceaddressing and their constitutional rights must be protected.Determining the status may take time, but this does not preventus from extending fundamental human rights to the people ofFATA as embedded in the Constitution.
FATA is the most under developed region of the country. Inyour opinion, what are the key factors for under developmentin FATA?
The carefree attitude of successive governments whereby theland is given precedence over the people is the factor to blame.Participatory governance is essential. Avenues of justice andfundamental rights should be ensured. The notion that politicalreforms in tribal areas will undermine national security should bedismissed. On the contrary, political and social reforms in tribalareas will enhance national security, not hamper it.
What are your key proposals (related to social and economicdevelopment, legal, constitutional, political etc) to bring insustainable development in FATA?
Article 247 of the Constitution must be abolished, so as to allowthe superior courts to extend their reach to the tribal areas.People's participation in their government through local bodies iscritical. For economic development, they should be included inthe NFC awards. A speci�c provision for FATA should beintroduced to ensure this step.
“...the service delivery of justice, grievance
addressing and constitutional rights must
be protected.”
42 43
say that again
Shah Jee Gul AfridiParliamentary Head of lawmakers from FATA in the National Assembly
FATA is a not a name but an English acronym. Do you think itre�ects the true identity of the region and the people who livethere? Do you have a proposal for an alternate name for thearea?
The name FATA is not true to the region. Ironically, how can onedebate on the status of the region when even the local tribesmenand parliamentarians have no status. The reality is that the regiondoes not need a name or identity: the tribesmen are an identity inthemselves and that is sufficient as far as the question of identity isconcerned.
Speaking on the topic, FATA parliamentarians recently submitteda bill with the aim of acquiring equal rights for the people of FATAin parallel to the ones that the rest of the citizens of Pakistan enjoy.Legislation is the �rst step.The name comes after.
Do you think it is justi�ed to keep a “special status” of FATAdifferent than from the rest of the country even after 68 yearsof independence?Why?
For the �rst time in the region's history, a group of FATAparliamentarians have gathered together to �ght for the rights ofthe people of FATA. The group is in complete agreement onmoving a bill in the parliament for the very same purpose. Owingto a few hurdles, we were unable to pass a bill demanding for anauthoritative elected council for FATA. As a result, we decided togenerate debate on merging FATA with Khyber Pakhtunkhwa,ultimately resulting in PATA-Provincially Administered TribalAreas.
Our main purpose remains of acquiring elected executive councilsfor FATA, similar to the system in Gilgit Baltistan, with a fewamendments. The government of Khyber Pakhtunkhwa has notresponded on the matter and so the decision rests with theparliament now. We are prepared for criticism and amendmentsby the government and political parties and once the legalprocedure is underway, we plan to reach out to the people of FATAand include them in this process deciding the future of their land.
FATA is the most under developed region of the country. Inyour opinion, what are the key factors for under developmentin FATA?
The war in Afghanistan is the primary reason. The situation in FATAwas pleasant before the Russian invasion: trade activities thrivedand the region was an economic hub. However, this was shortlived with the invasion of the Afghan refugees. The region saw
further deterioration post 9/11 when it was declared the 'warcapital'. This wave of war and terrorism left a dent in all servicedelivery systems in FATA and also impacted upon governance.Tribal elders could no longer hold Jirgas. This left a huge gapbetween the old and new generation and fueled a lack of trust.
Second, there is no system of accountability in the region. Officialsand Political Agents are corrupt and bribe is a commonoccurrence. A ma�a currently dawns upon the unfortunate regionof FATA.
What are your key proposals (related to social and economicdevelopment, legal, constitutional, political etc) to bring insustainable development in FATA?
For medium-term goals, elected representatives of FATA shouldbe allotted the authority to maintain a check and balance system,especially with regards to the sources of money and its utilization.The region also houses a huge income from border crossings,which needs to be monitored and legalized, thereby eliminatingthe ma�a system. This income can prove critical for developmentinvestment in FATA.
In the long run, a system of local government should beintroduced in the region with executive powers handed over tothem. FATA parliamentarians also suggested the inclusion ofwomen and minorities in the proposed elected councils. Theentire purpose of passing the bill is to demand equal rights for thepeople of FATA.
“...there is no system of accountability in
the region. Officials and Political Agents
are corrupt and bribe is a common
occurrence.”
Interview
Rustam Shah MohmandFormer Ambassador to Afghanistan, Former Commissioner for Afghan Refugees,Former Chief Secretary NWFP, Former Interior Secretary of Pakistan
FATA is a not a name but an English acronym. Do you think itre�ects the true identity of the region and the people who livethere? Do you have a proposal for an alternate name for thearea?
Identity has never been an issue for the people of FATA as theyidentify themselves according to the individual agencies they livein. So modifying the name and questions of identity are irrelevant.FATA cannot be a single province, period. All agencies have theirown identities and a mix of people from different regions areabiding within the same agency. When the nature of the region ismultiple, then what need is there for one name?
Do you think it is justi�ed to keep a “special status” of FATAdifferent than from the rest of the country even after 68 yearsof independence?Why?
Following independence in 1947, the people of Peshawar weregiven the option of either becoming a part of Pakistan or stayingindependent. The Jirga (tribal leaders) expressed that they wouldlike to become a part of Pakistan as long as the state would notinterfere in their affairs and there would be no threat to theirautonomy. Henceforth, these became the grounds de�ning theexistence of the region with the country, with the Constitution ofPakistan underlying the special status of FATA. Recently, FATAparliamentarians have raised demands of merging FATA withKhyber Pakhtunkhwa or making it a separate province. Thequestion remains that when a status is legally de�ned in the lawsof the country, how can it simply be changed? If there is to be anymodi�cation in this status, then a referendum should decide thefate of FATA.
FATA is the most under developed region of the country. Inyour opinion, what are the key factors for under developmentin FATA?
The apathetic government is to be blamed for underdevelopment in FATA. If the government possesses the resourcesto construct a cadet college in an area such as Razmak, then surely,FATA should not be a problem as far as development andinfrastructure is concerned. However, governments are occupiedin the debate on territory and division and fail to realize that thereal merger lies in socio-economic development of the region.TheFederal Government should provide more support to the FATAregion. It is high time that the focus be shifted to goodgovernance.
What are your key proposals (related to social and economicdevelopment, legal, constitutional, political etc.) to bring insustainable development in FATA?
Short, medium and long-term goals all require peace to beestablished in the region. Development projects, accessibility toquality services such as education and health, betterinfrastructure, ensuring safety and employment opportunitiesshould be the focus of any plan made for FATA. The region hasseveral mineral deposits that need to be tapped and utilized. Evengovernment servants should be provided basic amenities andincentives so they are encouraged to serve in the area.
Sufficient funding, fair Political Agents and competent governorsare requisite for all the above to take effect.
say that again
“...governments are occupied in the
debate on territory and division and fail
to realize that the real merger lies in
socio-economic development of the
region.”
44
Human stories from FATA
Law of the landLaw of the landHard work does not always pay off as in the case of Maaz Shinwari, a hardworking 18 year old
student whose degree was left hanging right before completion…
In March 2015, Daud Shinwari had a verbal �ght with a local levies personnel in Khyber Agency, FATA. The very next day, thepersonnel registered a complaint against him in the court of the Assistant Political Agent. The administration tookimmediate action and raided Daud's house. On being unable to locate him in the house, his younger brother Maaz wasarrested in lieu of Daud as per the law of the land. Owing to being locked up, Maaz was unable to appear for his annual Matricexamination, despite special requests put forth by his family and Principal, and was left with a wasted year of hard work.
After a month, Maaz Shinwari's brother Naveed �led an application for release on bail, but was rejected. The family alsoapproached courts, however, the case is still in review and Maaz is still behind bars. Under Article 247, the Peshawar HighCourt holds no jurisdiction in FATA and hence the case is pending.
Disclaimer: The story has been conducted and reported by Mr. Rahat Shinwari, as per conversation with the affected.
© UNDP Pakistan
Youth Voices Youth Voices
Gulalai Ismail
What are the key youth issues in FATA?
The key youth issues pertain to militant activity, a lack offreedom of expression, lack of employment and education.Owing to governance being concentrated in the hands of afew elite, justice is scarred and access to services andsystems is limited, if at all. Jirga system is also a continuingproblem thriving with support from the Frontier CriesRegulation (FCR). Owing to a lack of employmentopportunities, a large majority of youth are being pulledinto militant training and shipped off to different areas toindulge in related activities.
The education system is very de�cient: militants areglori�ed as heroes in educational institutions and studentsare encouraged to emulate these 'glori�ed heroes'.Therefore, the curriculum needs to be questioned beforeaddressing issues of enrollment and retention.
What is your vision for FATA: how would you like to seeFATA as a place in the future and what reforms wouldyou recommend for FATA?
Scholarship schemes, income suppor t schemes,introduction of a quota system, education infrastructureand teacher trainings need to be initiated immediately. Thefemale youth need to be empowered in order for them toconstructively contribute to the society.
However, all problems stem from weak governance. Theneed of the hour for FATA is a revised system of governance:as long as the FCR prevails, governance will continue to beweak. A democratic setup needs to come in place in FATAand free and fair trial should be practiced.
I dream of FATA becoming a place that offers security andpeace to its inhabitants, where every step taken is not withfear or hesitation, where rights are protected andmarginalized voices are heard.
46 47
A young Pakistani human rights activist who is Chairperson of the NGO ‘Aware Girls’, recipient of the
Commonwealth Youth Award 2015, 2013 Democracy Award and International Humanist Award 2014.
She has been recognized among the 100 Leading Global Thinkers in 2013 by 'Foreign Policy' magazine.
Muhammad Dawood
What are the key youth issues in FATA?
The war on terrorism is by far the biggest pest that is eatingthe youth away. The youth are engaged in heavy numbersin militant activities and these winds of terrorism are alsoaffecting the psychological fabric of the youth. The reasonfor such is the lack of education, employment and politicalempowerment. The youth �nd no potential opportunitiesof learning and hence the only guaranteed way of having asecure life that provides them with food and shelter is tobecome one with the militant groups.
What is your vision for FATA: how would you like to seeFATA as a place in the future and what reforms wouldyou recommend for FATA?
Better educational facilities including a focus ondeveloping infrastructure, teacher trainings, curriculumrevision and skill development centers need to beestablished. The government should initiate all changes,NGOs have done enough. Local body elections need to beheld although the Jirga system should remain as it is theonly just system of governance present in the region. Aslong as the FCR prevails, nothing can change. The FATAReforms Commission also appears to be bearing no fruitwhatsoever.
I dream of FATA as an educated region. Having reached thepinnacle of problems, I believe the future is bright for FATAfrom this end on. Natural resources in FATA, such as thepresence of marble in Mohmand Agency, need to betapped. Whatever future FATA holds must be decided withthe consent of the people of FATA.
A young activist, Muhammad Dawood hails from the remote area of FATA and founded the Takal
Welfare Organization to engage and lead the youth in development activities. He is an active member
of the Young Nonpro�t Professional Network and is involved with the Global Youth Coalition on
HIV/Aids.
Muhammad Farooq
What are the key youth issues in FATA?
On the surface, the most prevelant youth issues that plagueFATA are illiteracy and unemployment. The cause for bothof these lies in the ongoing war on terrorism and militantactivities. Educational institutes have been destroyed andthose that are left, are mostly non-functional. This hascreated a vacuum for militancy and extremism: theuneducated youth easily fall prey to militant groups. Thewar on terror has also mult ip l ied the issue ofunemployment: several youth migrate to the Middle East insearch of greener pastures but have returned as IDPs andare now jobless owing to majority of markets destroyed.
There are several underlying problems faced by the youthas well. The constant atmosphere of fear and insecurity hascaused severe psychological trauma and moraldegradation. The use of drugs and weapons is becomingincreasingly common in the youth as well.
What is your vision for FATA: how would you like to seeFATA as a place in the future and what reforms wouldyou recommend for FATA?
The FCR needs to be abolished and FATA should bemainstreamed with the rest of the country. Article 247needs to be amended and the status of FATA should berecognized by either making it a separate province ormerging it with Khyber Pakhtunkhwa. Elected members ofFATA should be given power over the pol it icaladminist rat ion. Accountabi l i t y of the pol i t ica ladministration is the need of the hour; a pragmatic auditsystem is recommended to curb the powers of the politicalagent. Local government elections need to take place asper the formula of Khyber Pakhtunkhwa where a specialquota is reserved for the youth, women and farmers.
Apart from this, better education facilities, establishmentof skill development centers, scholarships and quotas forFATA students both at the national and international level,should be enacted. International and local organizationsshould also promote entrepreneurship opportunities andinitiate student exchange programs. Sports and otherentertainment activities for the youth should also beinitiated by the government.
I dream of FATA as a peaceful place where citizens do nothave to face insecurities each step of the way, where gunsand bullets are replaced with pen and paper and failuresand limitations with hopes and dreams.
Founder of a civil society organization, the Khadim ul Khalaq Foundation, Muhammad Farooq is a
youth activist working for youth, peace and education in FATA. He represented Pakistan in the world
conference on youth in Sri Lanka in 2014. He was the youngest participant of the Legislative Fellowship
Program in America and was recently nominated for the N-Peace Award 2015.
Shah Jehan Bangash
What are the key youth issues in FATA?
Poor education facilities leading to a lack of peace are themajor issues of concern in the youth. The youth engage inunlawful activities owing to a paucity of quality educationand due to the prevalence of such unlawful activities,donors are hesitant in investing in FATA.
What is your vision for FATA: how would you like to seeFATA as a place in the future and what reforms wouldyou recommend for FATA?
Citizens in FATA have no right to fair trial and have littlesafeguard against arbitrary arrest and detention. The FCRand Malik (local elders) judgment system in FATA isoutdated and needs to change. Furthermore, provision ofbasic and moral education by the government and civilsoc iet ies needs to be introduced. Susta inabledevelopment and mobilization of resources should befocus areas.
I dream of FATA as a place of the future, replete withpositivity and technologically sound.
The Managing Director of the NGO ‘Rural Empowerment’ and Institutional Development (REPID), this
young enthusiast is an Alumni of the State Department in FATA and has carried out livelihood projects,
targeting women in poverty, in order to equip them with skills that would enable them to earn.
Youth Voices
Saba Ismail
What are the key youth issues in FATA?
Violent extremism, lack of democracy and activecitizenship are the key youth issues. The amount of humanrights violations that state actors do is unbelievable. Whenthey attack a household claiming that it has militantsabiding inside, how can they be sure that the entire broodof people living in that house are all militants? There needsto be accountability and a check and balance of theauthorities.
Several youth are used by organizations for their ownulterior motives. When the youth wish to raise their voice,especially young journalists, they are attacked. Evene d u c a t i o n a l i n s t i t u te s a re p l a g u e d by v i o l e n tmanipulations whereby the students are taught with thesupport of violent images and symbols pertaining to war.Can you believe that in Swabi district, there is an actuallibrary named after Osama Bin Laden? When the youth areexposed to such conditions, how can they ever grow up tobe normal?
What is your vision for FATA: how would you like to seeFATA as a place in the future and what reforms wouldyou recommend for FATA?
H u m a n r i g h t s v i o l a t i o n s n e e d t o b e re p o r t e dinternationally. The international community needs to stepup and exert pressure in this regard. Curriculums ofmadrassas and other educational institutions need to berevised and monitored. Political parties need to be moretransparent in their actions. FATA should be established as aprovince or a part of Khyber Pakhtunkhwa. Systems andservices should be accessible and affordable.
I dream of FATA as a land of human rights, where education�ourishes and more importantly, freedom is not just anotion on paper.
48
Member of the International Steering Group of United Network of Young Peacebuilders 2013, Hurford
Youth Fellow and civil society representative at the United Nations in 2010, the Executive Director of the
NGO ‘Aware Girls’ works tirelessly for youth empowerment, especially in the FATA region.
Tajdar Alam
What are the key youth issues in FATA?
Social grooming and career counselling are among the keyyouth issues. The youth have no platform with which tocommunicate with the outside world as the media is alsoallowed very limited movement in FATA.
There is also a lack of entertainment facilities for the youthas well as a lack of employment and internshipopportunities. The youth of FATA are not allowed to be partof the decision making process at any level and thisinhibiting freedom is a severe blow to the self-esteem ofthe youth.
What is your vision for FATA: how would you like to seeFATA as a place in the future and what reforms wouldyou recommend for FATA?
Reforms in the FCR and local elections are the need of thehour. The Right To Information law should be implementedin FATA. Special development projects and national andinternational level scholarships should be initiated. Localpeople should be hand-picked on priority for organizationsbased in FATA, instead of recruiting people from otherplaces. A youth assembly should be established in FATA aswell so as to encourage youth participation and activism. Areview of the employees in the FDA and FATA Secretariatneeds to be done as presently, these bodies comprise morepeople from Khyber Pakhtunkhwa as opposed to FATA; thisaspect should be reversed.
I dream of a FATA that is just and fair, where actions speaklouder than words and systems are free from corruptionand bribery.
A social activist and President of the youth led organization, Mashal Society and Young Chinar Falahi
Committee community based welfare organization, Tajdar Alam has worked successfully on peace,
drugs, education, health, sports and community development and is a certi�ed British Council
facilitator in the FATA region.
Human stories from FATA
At your mercyDeprivation of basic necessities and fundamental human rights often leads to dire
circumstances, as in the case of Masood Khan
Arrested in a minor land dispute, Masood Khan, an active 40 year old citizen, lost his life in jail, where he suffered a severe caseof diarrhea that was left untreated. His father, Akhtar Mir Shinwari demanded immediate investigation into his son's deathand appealed to various governance forums for justice as well as assistance with raising Masood's family of seven, includingsix children and a wife.
Masood's cause of death was attributed to dehydration as a result of diarrhea. According to his father, he did not receivetimely and adequate treatment while in prison, as a result of which his condition deteriorated so much so, that even after hewas shifted to a main hospital in the region, his condition could not be stabilized.
His family continues to strive for justice.
Disclaimer: The story has been conducted and reported by Mr. Rahat Shinwari, as per conversation with the affected.
© Rahat Shinwari
