DEVELOPMENT ADVOCATE

PAKISTAN Volume 2, Issue 3

October 2015

TheThe Debate Debate onon FATAFATA MainstreamingMainstreaming DEVELOPMENT ADVOCATE October 2015 CONTENTS

Analysis Interviews

02 FATA in perspective Ajmal Khan 36 Convener and spokesperson, Political Parties Joint Analysis of Key Recommendations for Committee on FATA Reforms 17 FATA Reform Ayaz Wazir Asad 37 Senior member, Joint Political Parties Committee on Opinion FATA reforms

Mainstreaming FATA for its people Ayaz Wazir 18 Dr. Afrasiab 38 Former Ambassador of Pakistan

© UNDP Pakistan Recommendations of the FATA Reforms Brig. (Retd.) Mahmood Shah 20 Commission (FRC) 39 Former Secretary Security FATA, Ejaz Ahmad Qureshi Development Advocate Pakistan provides a platform for the exchange of ideas on key development issues DEVELOPMENT ADVOCATE Farid Khan Wazir and challenges in Pakistan. Focusing on a specic The state of Human Rights in FATA: development theme in each edition, this quarterly Ex-Federal Secretary Ministry of Human the socio-economic perspective 39 publication fosters public discourse and presents 22 Rights , Ex-Chief Secretary Northern Areas varying perspectives from civil society, academia, Muhammad Uthmani government and development partners. The PAKISTAN publication makes an explicit effort to include the Reforms in FATA: A Pragmatic voices of women and youth in the ongoing discourse. 40 A combination of analysis and public opinion articles Disclaimer 24 Proposition or a Slippery Slope? Senior Vice-President of the promote and inform debate on development ideas The views expressed here by external contributors or the members of Imtiaz Gul whilepresentingup-to-dateinformation. the editorial board do not necessarily re0ect the official views of the Ejaz Ahmad Qureshi organizations they work for and that of UNDP’s. The 22nd Constitutional 41 Chairman FATA Reforms Commission Editorial Board 27 Amendment and Mainstreaming FATA Former Chief Secretary- Editor Muhammad Anwar Maheen Hassan Mr. Marc-André Franche UNDP Country Director Shah Jee Gul Afridi Design and Layout The promise that is FATA Parliamentary Head of lawmakers from FATA in the Syed Asfar Hussain Shah 29 Shakeel Qadir Khan 42 Mr. Aadil Mansoor National Assembly Assistant Country Director/Chief Crisis Prevention and Recovery Unit The State of Human Rights in FATA: Printed by: Agha Jee printers, A constitutional and judicial case study Mr. Amir Goraya 31 43 Assistant Country Director Sangeen Khan Senator and Former Head of FATA Reforms Commission Democratic Governance Unit

Mr. Shakeel Ahmad Rustam Shah Assistant Country Director/Chief YouthVoices 44 Former Chief Secretary NWFP Development Policy Unit Development Programme Pakistan Former Interior Secretary of Pakistan 4th Floor, Serena Business Complex, Mr. James Littleton Khayaban-e-Suharwardy, Sector G-5/1, | Muhammad Dawood Chief Technical Advisor P. O. Box 1051, 46 Strengthening Electoral and Legislative Processes Islamabad, Pakistan Ms. Fatimah Inayet 47 Muhammad Farooq | Shah Jehan /undppakistan /DevelopmentAdvocatePakistan Communications Analyst For contributions and feedback, please write to us at: www.twitter.com/undp_pakistan [email protected] 48 Saba Ismail | Tajdar Alam Saleem Mandviwalla www www.pk.undp.orgProvincial nominee for NFC - Sindh

ISBN: 978-969-8736-12-5 us Follow Editorial Integration of FATA: now is the time

he Federally Administered Tribal Areas (FATA) are at the lowest across the country. Tragically, anemic economic forefront of public attention and this time mostly for good development and a lack of employment opportunities for youth is Treasons. The ongoing military operation has delivered against encouraging radicalization and may be a catalyst for recruitment violent groups contributing to a substantial reduction of violence in intoviolentgroups. the country during the last year – up to 50 percent according to data from the Pakistan Institute for Con0ict and Security Studies. Internal Recent global studies show that countries with weak governance displacement caused by the operation swelled to 302 thousand structures which are also plagued by violence have not met any families but, since then 36 percent have returned home and more Millennium Development Goal at all. Such fragile countries have are expected soon. The Government's Sustainable Return and experienced 20 times more poverty than those with established Rehabilitation Strategy, aimed at increasing investments in the areas governance systems. While debates on the constitutional status of returns, is now well underway and development partners have of FATA are extremely important and must continue, there are also mobilized.Importantly,thereareseriousproposalsforconsideration comparatively straight forward opportunities upon which to from different sectors including the executive, the military and capitalize.These include the introduction of the local government parliamentarians related to integrating FATAinto the rest of Pakistan, system which can build on the recently introduced municipal recognizing that any development investment will be meaningful committees, the gradual extension of the country's formal justice for the people of FATA only if accompanied by decisive system – both formal and alternate dispute resolution - and administrative, governance, legal and constitutional reforms. reforms to the administration systems including the civilian law Consensus on all those fronts is critical for stability in Pakistan and enforcement agencies. The civil society of FATA, including the theregion,andapreconditionforsustainablehumandevelopment lawyers, have so far played a critical role in raising voice for the rights of the people of FATA. They must be supported and The extension of established governance systems and strengthenedtocontinueplayingthiscrucialrole. constitutional provisions applicable in the rest of Pakistan to FATA, is a development and human right imperative. Many believe the The improvement in the security situation and the consensus Frontier Crimes Regulation (FCR) contravenes the basic rights of the among different stakeholders on the urgent need for FATA citizens of Pakistan enshrined in the Constitution. The FCR poses, at mainstreaming has afforded a momentous opening for the times, a challenge to the application of international law and country and must not be wasted. The current efforts, which must conventions related to the access to justice, civil participation and continue to be fully led and owned by Pakistani leaders and economic development which Pakistan adheres to. The Peshawar institutions, especially those by the High Level Committee and High Court in its April 2014 judgement observed that denial of the proposed bill in the National Assembly, are an opportunity to fundamental rights to the people of FATA, which are available to make long overdue decisions to include FATA formally into the other citizens, has allowed the tribal areas to become a most national polity and serve the country's development interests. dangerous territory. The Court also raised concerns over the This issue of DAP on FATA is an effort in this regard as it brings inadequate regulatory mechanisms to check the use of power by the together the analysis and views of the government and Pakistanis FATA administration, which may also lead not only to poor onFATA'sdevelopmentandmainstreaming. development performance but, also denial of basic rights.The Court also advised the Federal Government to submit a reference in the Parliament for suitable amendments to the Constitution to protect fundamentalhumanrightsinFATA.

The current legal system was introduced by the British in late 19th Century but for entirely different reasons. The elected representatives from FATA can legislate for everyone except the people who elect them. The Political Agent has unbridled executive and judiciary powers. Under the“collective responsibility”provision of the FCR, people are held responsible for the crimes committed by someoneelse.

The current status of FATA benets considerably a few individuals to the detriment of the people of FATA and the country. It does not provide an enabling environment for human development which in turn makes it extremely difficult to stabilize in the medium to long term. FATA signicantly lags on social and economic indicators when compared to the rest of the country.The Human Development Index for FATA is a mere 0.216 as compared to Punjab's 0.705 and 0.891 for Islamabad. The net primary enrolment rates in FATA are well below the national average. The expected years of schooling in FATA is 6.7 years compared to the national average of 9.4 years and the living standard index for FATAis just 27.7 compared to the national average of 71. The Gender Parity Index in primary education in FATA is the

© UNDP Pakistan

01 Analysis Constitutionalstatus Adult franchise denied to tribesmen was untapped. A large portion of the tribal nally introduced in 1996 to elect National population is engaged in the transport Assembly members. Until 2011, elections business and around 60 percent of the FATA in perspective: FATA maintained its special status in the were still not held on party basis and employed men work either abroad, within rst adopted in political parties were not sanctioned to oroutsideKP(MICS2007). March 1956. In the 1962 Constitution, operate. It was only in 2011, that the A Situational Analysis Article 223 kept tribal areas outside the Political Parties Order was extended to Poor and inadequate communication jurisdiction of central and provincial laws FATA. infrastructure and its lack of integration on the excuse of peculiar conditions and with the rest of Pakistan adds to the problems of the tribal areas. Special In short, the current governance system is backwardness of FATA as most valleys powers of legislation were given to the fundamentally based on FATA's peculiar remain inaccessible. Lack of required Governor of Khyber Pakhtunkhwa (KP) . constitutional standing, and is a health and educational facilities is also The Governor, with the approval of the man's land),‘’ Ilaqa Ghair (the area under Century, coupled with its geographical continuation of the colonial governance attributable to insufficient means of IntroductiontoFATA President, was empowered to make, system to manage the tribal belt. The communication. Like all other social no law) or‘Qabaili Ilaqa' (tribal territory). In location has become the hotbed of repeal and amend any regulations for the recent times, this area has been termed by religious extremismand militancy and Ministry of State and Frontier Regions sectors, the education sector is in The Federally Administered Tribal Areas wholeoranypartofthearea. (SAFRON) in Islamabad reports to the extremely poor condition. Middle and (FATA) is spread over an area of 27,220 US President Barrack Obama as the 'most poses a major challenge not only to the 3 Prime Minister of Pakistan and looks after higher education facilities are severely square kilometers, including a 600-km dangerousplaceonearth'. local communityand regional countries Articles 246 and 247 of the 1973 but, also tointernationalpeace. the development activities and other lacking. In order to develop any border with (the Durand Constitution maintained the same special interventions in the area introduced/ small/medium industry, electricity is the Line). FATA is a unique administrative FATA's antiquated governance system put status for FATA.The Article 246 denes the in place by the British in the late 19th directed by the Prime Minister of Pakistan. basic source of power; in most areas of region of Pakistan and is challenged by areas to be part of FATA whereas Article The Governor of KP acts as agent to the FATAthesameisnotavailable. complex security, political, administrative 247 assigns administrative and legislative President, representing the federal andeconomicissues. control of these tribal areas to the federal government and administering thet ribal The informal economy is thriving in the government. The areas through the FATA Secretariat, which tribal areas. This is based on drug The administrative set ups of Khyber, directly administers FATA through the wasestablishedin2002. trafficking, gun running and smuggling. Khurram, North and South Waziristan date Governor of KP who is then represented This economy enriches militants, drug backtothetimeofBritishrule,whilethatof bythePoliticalAgent(PA)foreachAgency. Socio- economicconditions barons, maa bosses and big smugglers at the other three agencies - Mohmand, The right to vote for every adult male and the cost of common tribesmen and the and Bajaur - and Frontier R egion s female over the age of 21, was denied to nationalexchequer5 . were established afteri ndependence in the tribal people under the President's FATA is the poorest region of Pakistan in terms of its socioeconomic indicators. 1947. The autonomous status of FATA was Order No. 1 of 1975 called the“Preparation It is worth noting that although average accepted by Pakistan on its independence of Electoral Rolls (FATA) Order, 1975.” By Agriculture and livestock is the mainstay of the local economy. However, FATA is poverty is very high, some sections of through the famous 'Instrument of this order, only Maliks and lungi holders society are nancially well placed.This has Accession' signed by Mr. Mohammad Ali were registered as voters by the PA and decient in food supply. A few agencies of FATA are rich in minerals. Huge deposits of resulted in very prominent socio- Jinnah at the Bannu Tribal jirga in January not the people. Many believed that the PA economic inequalities between various 1 marble in different colours are found in 1948 .The same was enshrined in the three usually used to confer the status to his income groups i.e. the Maliks and constitutions of Pakistan. Under Article favourites with the formal consent of the Mohmand, Khyber, Bajaur, Orakzai and 4 common people. FATA falls far behind the 247 of the 1973 Constitution, FATA comes Commissioner. Kurram Agencies . However, despite their availability, these resources are mostly rest of the country in most socio- under the executive authority of the economicindicators6 . Federation. Administratively, FATAenjoys a unique position whereby it is governed at the grassroot level through tribal representatives known as Maliks (tribal and village elders)and lungi (a piece of Federally Administered cloth that you wrap around your waist like Indicators Pakistan Tribal Areas alongskirt)holders.

This area is composed of 11 major tribes Expected Years of Schooling 6.7 9.4 and several sub-tribes such as Utman , Tarkan, Mohmand, Sa, Afridi, Orakzai, , Bangash, , Shelmani, , Mean Years of Schooling 1.8 4.3 , Parachinar, Masozai, Saidgai, Mehsud, Waziris, Bhittani Kharasin, Gurbaz, Ustrana, , and Immunization Ratio 15.7 82.0 . The people of this area are largely Muslims, dotted with a very small population of Sikhs and Hindus. The Satisfaction with Health Facility 7.5 72.0 language of all the tribes is , with different dialects spoken in the south and north. Living Standard Index 27.7 71.0 The current unofficial estimated population of FATA is more than seven million2 (3.1 million at the time of the 1998 census). In thec olonial discourse, this area Map Source: Understanding FATA Volume – V ( http://www.understandingfata.org/en/?page_id=22 ) 4. FATAVision2020:StrategicFrameworkandInvestmentProgramme was variously termed as'Yaghistan' (no 5. SearchforpeaceinthetroubledFATAregionofPakistan–thegovernanceperspective.MPhilthesisbyColonelRiazAhmed. 6. PakistanMDG2013 1. http://pakistanpaedia.com/provinces/fata/fata.html 2. LocalGovernmentinFATA,PastFailures,CurrentChallengesandFutureProspects,FATAResearchCentre,April2014 3. http://www.whitehouse.gov/the-press-office/remarks-president-a-new-strategy-afghanistan-and-pakistan 02 03 Issuesandchallenges Reformsa ndInterventions carryingoutdevelopmentworkthere. Regulations into FATA. In 2004, local-tier Findings of a Consultation on Local Government System – conducted by FATA In 1947, the Governor General of Pakistan, leaders such as agency nazim (mayor), ReformsCommission Muhammad Ali Jinnah issued orders The Agriculture Development Bank tehsil nazim and councillor were elected. Weakinstitutions which set the foundation for the merger of Ordinance,1961(IVof1961)wasextended However, this regulation could not be FATA lacks sufficient infrastructure to Ÿ Many tribesmen argue that FATALocal Government Regulation should be named as FATA with Pakistan. The to FATA in 1975. Due to this ordinance, implemented. The general public and civil support the requisite capacity for FATA Local Self Government, stressing that the tribesmen should have elected local orders/notications formally replaced only a few agricultural banks areoperating society dubbed the election as a development. Shortage of doctors, school governments. Britain with Pakistan, resulting into tribal in some parts of FATA. The Industrial “selection” process on the behest of teachers and other technically skilled Ÿ TheFCRshallbeamendedtocreateroomsforlocalgovernmentbodiesinFATA. elders making fresh commitments Development Bank of Pakistan Ordinance, governmentauthorities. human resource creates functional/ Ÿ Elections to the local government should be held on party basis, exercising adult towardsPakistan. 1961 (XXXI of 1961) was also extended to operational problems for the completion franchise. FATA in 1975.This ordinance aimed to give In 2008, the President of Pakistan and maintenance of facilities. Due to the Ÿ These elections should be held for all administrative layers starting from khel or In 1962, the then military ruler, General loans to tribesmen for establishing extended the National Disaster lack of skilled human force, the public and union council all the way up to the agency council. The khel or union council, Ayub Khan, enacted the 1962 industries or industrial zones in FATA. This Management Ordinance to FATA. In private sector institutions are either weak framed on basis of khel, sub-tribes and tribes, should be re-named as khel or union Constitution. Under this, Article 223 ordinance, however, has not been August the same year, FATA Disaster ornonexistent . jirga and tehsil council, and agency council should be re-named as tehsil jirga and retained FATA as an “excluded area”. implemented. Management Authority was established agencyjirgarespectively. Initially, the jurisdiction of the Supreme followed by National Disaster Institutions are also weak due to Ÿ The councillors should be elected on the basis of kandi, a small tribal village Court was not denied to FATA, but a The Code of Criminal Procedure Management Authority (NDMA) in governance and transparency issues. comprising 2000-3000 people. All councillors and naib nazims should work as an constitutional amendment later denied (Amendment) Ordinance, 1979 was October2008. There is virtually no competition in electoral college for election of the agency nazim.Women should also be given due that jurisdiction. The Governor of West extended to FATA in 1979. The CCP is a contracting. The PA is the government's representation. Pakistan got special powers of legislation general law dealing with criminal cases On 14 August 2009, the then president of planner and initiator of all development Ÿ Tenureofthelocalgovernmentbodiesshouldbeincreasedfromfourtoveyears. for FATA. across the country. In FATA, preference is Pakistan Mr. announced projects. As the accountability Ÿ Allthelocalbodieselectedheadsshouldbeaccountabletotheircommittees. given to Frontier Crimes Regulations the FATA Reforms Package, but did not mechanisms are weak, the development Ÿ Complete powers should be given to local government bodies, which should be One of the most important interventions (FCR), a special code through which FATA notify them. Two years later, on 12 August workis generally a tool for money making free from government interference. The Governor too should act upon the reports was the Act, 1952. This act is adjudicated. The CCP is consulted only 2011, Mr. Zardari signed two decrees andpoliticalbribery. oftheselocalcouncils. was extended to FATA in 1965. Under this when FCR does not provide clear rules for approving amendments to the FCR and Act, the military's action cannot be a particular matter.The CCP guides special extension of the Political Parties Public institutions, particularly the judicial challengedinanycourt. courtssetupbyPAsorassistantPas. Ordinance (PPO) 2002 to FATA, allowing 7 systems, are dependent onjirgas . PAs the political parties to contest elections. musteither accept‘’jirga decision or , refer Civicandpoliticalparticipation LegalFramework The Administration of the Basic The most recent governance and political However the elected FATA themattertoanewone. The pressing current and immediate The legal system in FATA is dened in the Democracies (Tribal Areas) Regulation, reforms in FATA started in 1996 when the parliamentarians still could not legislate challenges faced by the people of FATA are Frontier Crimes Regulations (FCR) and 1967 is also an important regulation. This people of FATA were given the right to for FATA. The absence of a local government system numerous, but many merit particular most laws concerning the criminal justice act was extended to FATA in 1967. vote. has further worsened accountability and mention. Until 1996, the tribal people did system in the rest of Pakistan do not apply However, local leaders/representatives On 16th May 2014, the Governor of KP transparency in the public administration. not have the right to vote. An electoral toFATA.AllcivilandcriminalcasesinFATA elected under this regulation were to work FATA became a centre of global attention notied the FRC with the mandate to steer In 2002, General Musharraf extended the college of around 35,000 Maliks, lungi aredecidedinlinewiththeFCR. under the PA and thus did not hold much in 2001, as many ghters and the reforms initiatives and processes. The FATA Local Government Regulations into holders and elders were allowed to vote. It realauthority. others took refuge in the area. In June commission is headed by a former FATA. In 2004, local-tier leaders such as was only inthe 1997 elections that the Each agency is administered by a PA who 2002, General Musharraf sent troops to Provincial Chief Secretary and consists of agencynazim (mayor), tehsil nazim and people of FATA got the right to elect their performs the roles of an executive, judge, In 1970, Prime Minister Zulqar Ali Bhutto the tribal areas to confront the militants. three members. It will advise the Governor councillor were elected. However, this representatives. FATA has now 12 revenue collector and chairman of the brought FATA development under FATA Since then, the Pakistan military has been of KP for reforms to improve governance regulation could not be implemented representatives in the National Legislative agencies' councillors. The tribes are Development Corporation, known as FATA engaged in the tribal areas against and bring sustainable improvements in fully. There have also been serious Assembly and eight members in the governed through their Maliks. The Malik DC. Since its inception, the FATA DC has militants. In 2002, General Musharraf thelivesofFATApeople. complaints by the general public and civil SenateofPakistan. position is either hereditary, a title granted left good marks on the uplift of FATA, extended FATA Local Government society against the elections process of by the PA with the consent of the councillors. The Political Parties Act was recently Governor or selected by the tribes, or even extended to FATA in 2011. Unfortunately, it elected. The PAs provide money, All executive and judicial powers are was too little and too late in terms of local infrastructure support and other entrusted into the institution of political political empowerment. Traditional incentives to Maliks for maintaining law management at the agency level. At the governance systems in FATA have been andorderintheirareasthroughjirgas. provincial level, the FATA Secretariat and eroded with the waning of authority of the government hold sway over development political administration and Maliks, due to FATA is divided into two administrative budgets. Given the concentration of the Taliban insurgency, resulting in a categories: protected areas are the powers in limited hands, institutions in governancevacuum. regions under the direct control of the FATA have not grown the way they have in government and administered bya PA otherregionsofPakistan. Therefore, the major challenge is to through FCR. Unprotected areas (almost introduce and enforce such a 70 percent of the entire FATA) are political/governance system in FATA, administered indirectly through Maliks which is in accordance with the aspirations and FCR is applied indirectly through of tribal people as well as the established Maliks/tribes under the collective principles of governance in today's world. punishment clause of FCR. The It is time for integrating or mainstreaming PA/government sanctioned jirgas/local FATAwith therestofPakistan.Thecommon councils settle most disputes, and only tribal people can no longer be kept major disputes are referred to the PA. alienatedfrom mainstreampolitics. Jirga/council members are selected by the PA and the FCR does not require the PA to abidebythe tribalcouncils'decisions⁸ .

7. 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 refer Invariablyeverycasetojirgaandconsidersobjections,ifany,ofthepartiestothenominationofmembersofjirga. © UNDP Pakistan 8. Policybrief,FATAGovernanceReforms,Issues,andWayForward,CGPA,Oct.2014. 04 05 ers

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Interview, Ejaz Mohmand Interview, Kamran Arif and Muhammad text of the Or Full full text, see:“TheFor West List of la (President, FATA Lawyers' FATA (President, Raza,“Implications the for http://www.khyberpakhtunkh MotorPakistan Vehicles see: "Feasibilit Forum), 22 S Forum), in Pakistan's Process Reform wa.gov.pk/Gov/Details.php?id 1965”, Ordinance, Regulatory for Regime Law can be ac Law Federally-Administered Tribal =132 http://punjabla & Commerce Industry, in Trade http://legaladvic 2014: August Areas”, /189.html April 2011, C FATA", lation-of-mines-and- http://www.slideshar Developmen FATA and-miner news/peshawar-high-court- page 35 fata-judgment- http://fatada.gov.pk/Docs/Ind analysis?redirected_from=sav ustries/RegularityRegimeForIn government-control-act-1948- e_on_embed dustryCommerceTradeinFATA. 3776.html pdf

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Reference/Source

List of la "The Official Act: 1 Act Secrets List of la see: "Feasibilit XIX of 1923" No. see: "Feasibilit Regulatory for Regime http://www.a.gov.pk/law/Off Regulatory for Regime text: "The Army Pakistan Full Industry, Commerce & Commerce Industry, in Trade ences/3.pdf & Commerce Industry, in Trade Act, 1952", FATA", April 2011, C FATA", April 2011, C FATA", http://www.refworld.org/pdd FATA Developmen FATA Developmen FATA /4c3f1fe12.pdf page 35 page 35 http://fatada.gov.pk/Docs/Ind http://fatada.gov.pk/Docs/Ind ustries/RegularityRegimeForIn ustries/RegularityRegimeForIn dustryCommerceTradeinFATA. dustryCommerceTradeinFATA. pdf pdf

Full text:“TheFull Pakistan text:“TheFull Debt Act, Public text: "The Explosiv Full Office text: Act, "The Post Full extended t List of laws text:“PetroleumFull A (Control of Entry) Act, 1952”, (Control 1944”, 1884", 1898", see: "Feasibilit Code, Law Pakistan 1934”, http://legaladvic http://www.sbp.org.pk/public http://nasir http://nasir Regulatory for Regime and Justice Ministry of Law, stan-control-of-entry-act- ations/Public_Debt_Act.pdf xplosiv.htm oa.htm & Commerce Industry, in Trade Human R 1952-1714.h April 2011, C FATA", http://mola FATA Developmen FATA hp?cod=684 page 35 – 49, http://fatada.gov.pk/Docs/Ind ustries/RegularityRegimeForIn dustryCommerceTradeinFATA. pdf

.

ATA.

tion

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,

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o be assessed

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oncerned.

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t that Afghan foreigners t that Afghan

ct would have set a ct have would

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ecedent, for this Act to be this Act to for ecedent,

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akistan, especially against its

.

ting this A

.

.

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ct for FATA needs t ct FATA for

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ts of peac

ted in true spir ted and is fruitful ted

Remarks

. It in so far as the is effective

ct lies in the fac

t of petr

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, such as the r

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, as well as a pr , as well

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xistence.

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ffectively applied ffectively

ct has been e

ATA

w enforcement agencies is c w enforcement

tation of the C

alid documen

The Act has been implemen The in-effectivityThe of this A Act has been implemen The such ac onto moving Before Because of the failur without v bigger issues address to selling and managemen of the region. the applicabilit Also, Although this A implemen The living standar Poor Act can only be suc This extremely useful f of its e still unaware of business ethics code it di renders knowledge, with. begin to tools, information to Hence, this Act exists on paper only Hence, this Act exists on paper only result, honoured and e honoured Act is impor The

concerned. It brutal punishmen states concerned. any sort activityany of terrorist against P law enforcement agencies enforcement law protection of la protection

olicies in F

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ted

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tation in FATA.

t.

the status of the status

implemen

e

secrecy mostly b Th Act has been The Act calls upon pr The Act, dealing with This Act, calling upon holding This implemen “registration and mor “registration agencies enforcement the law operational acr departments, has been of protection effective Trade institutional nor implemen Marks”has been implemen implemen in FATA.

in FATA.

This Act, implemen This Act, aiming t This Act, pertainingThis t Act, concerning This is to try foreigners visiting tryis to foreigners has been explosives, has been telegraphy, business petroleum FATA without v FATA public Act, concerning This implemen Act, perThis post to implemen implemen documen papers in its to debt, is limited has been implemen office, most local people ar implemen without an in FATA of it. dysfunctional.

Status of Ref Status

o FATA o FATA

o FATA o FATA

y whom?

When and b When

This actThis was extended t actThis was extended FATA to actThis was extended FATA to actThis was extended t in 1965. in 1964. in 1965. in 1965.

This actThis was extended FATA to actThis was extended FATA to actThis was extended FATA to actThis was extended t actThis was extended t actThis was extended FATA to in 1965. in 1965. in 1965. in 1965. in 1965. in 1965

s

tive

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have been have

What reforms/ What

introduced so far? introduced

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The Passport Act, 1913 Passport Act, The Official Act, Secrets The The 1940 Marks Act, Trade Act, Army Pakistan The 1923 1952

The Pakistan (Control of (Control Pakistan The Debt A Public The Explosiv The 1898 Act, Office Post The The Wireless Telegraphy 1934 Act, Petroleum The Entry) 1952 Act, 1933 Act,

10) 11) 12) 13)

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– 49,

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ws extended FATA, ws to

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Reference/Source

Interview, Zahir Shah S Interview, hangs in balanc employees in“PakistanCited 1973 of the Islamic Constitution The text:Full Delimitation of The text: Suppr Full (lawyer, Peshawar High Court), Peshawar (lawyer, 23 M Dawn, http://jurist.org/documen Republic of P A Constituencies Activities (Special Terrorist List of la extended t List of laws 20 September 2014; "D http://www.dawn.com/news/ onstitutions/P http://www.pakistani.or http://nasir Courts) Act, 1975, see: "Feasibilit Study of see: "Feasibility Developmen Fata 615393/defunc p stan/constitution/ ca1974.h http://www.ma- Regulatory for Regime List of la Regulatory for Regime of 400 Fate Corporation: developmen law.org.pk/pd0aw/SUPPRESSI Industry, Commerce & Commerce Industry, in Trade see: "Feasibilit & Commerce Industry, in Trade fate-of-400-employees-hangs- ON%20OF%20TERR FATA", April 2011, C FATA", Regulatory for Regime April 2011, C FATA", in-balanc ACTIVITIES.pdf FATA Developmen FATA & Commerce Industry, in Trade Developmen FATA page 35 April 2011, C FATA", page 35 – 49, http://fatada.gov.pk/Docs/Ind Developmen FATA http://fatada.gov.pk/Docs/Ind ustries/RegularityRegimeForIn page 35 ustries/RegularityRegimeForIn dustryCommerceTradeinFATA. http://fatada.gov.pk/Docs/Ind dustryCommerceTradeinFATA. pdf ustries/RegularityRegimeForIn pdf dustryCommerceTradeinFATA. pdf

t

ATA.

ct can

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e living

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ct as a suc

e in FATA.

e elected under this

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t entity, separate t entity,

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ted, will enhanc ted,

o work earnestly in o work

t changes in the living

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t that disputes are still lef are t that disputes

atic cultur

enders this A

ork under the P

or disput

pose.

t of FATA.

e, the government needs t the government e,

tive, but are insufficient in curbing but are tive,

Remarks

ATA, this Act remains ine this Act remains ATA,

ountry. passing of a Bill in the The

ted in the sense tha ted

operly implemen

ct lies in the fac

eats FATA as a distinc eats FATA

epresentatives who ar epresentatives

ea. Henc

omote democr omote

o be properly implemen o be properly

ts of the c

ATA

y is made on the basis of popula

oper mechanism f

ted.

ds in FATA. Representatives elected under this A Representatives ds in FATA.

Senate in September 2014, which r from other par from was a positiv court jurisdiction FATA, to The local leaders/r The Act needs t The some pleasan DC brought FATA The of this A failure The tr Constitution The regulation are powerless and w powerless are regulation their civil societ in registering residents facilitate of tribesmen, which r standards unresolved. needs t government The direction. system cannot pr system if pr regulation, This organizations. a pr creating A constituenc Act is implemen This standar an inac to owing However, accordingly. allotted are though ac security forces, the same pur for force an elite contribute towards the uplif towards contribute population database of F in the ar terrorism implemen

olicies in F

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ATA DC ATA

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o change the

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,

onstitution, it did

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ted to resolve to ted ted in FATA, but the in FATA, ted

tation is still

ative shacklesative

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.

ely put an end t

the status of the status

implemen

s the

Thi Act author Act, aimed a This government to register to government delimitation constituencies The Regulation, dealing The Regulation, aiming t The like civil organizations F its inception, Since has been regulation The Although hailed as the has been implemen act,This dealing with cur the basic democr local bodies promote societies has left good mar implemen tribal areas. c consensus but the A FATA, activities, has been terrorist was implemen has been implemen carrying out uplift of FATA, disput border not do much t implemen FATA; however, full however, FATA; developmen administr bars instance, act does not seem t implemen Article 247, f FATA. around including parliamentarians, utility amid lack of an complet awaited. formulate to those FATA, from 1998. since terrorism. laws for FATA. The President, The FATA. for laws through of KP Governor (then NWFP) ultimate say over FATA. over say ultimate

Status of Ref Status

.

o FATA o FATA o FATA

ATA

y whom?

-elected

t Corporation,

t under F

k constitution in k constitution

t assembly passed

When and b When

This actThis was extended t actThis was extended FATA to actThis was extended FATA to Then Minister Zulqar Prime actThis was extended t newly Pakistan's actThis was passed in 1974 actThis was extended t in 1967. in 1967. in 1970. FATA brought Ali Bhutto in 1971. constituen the and extended FATA to in 1975. developmen the landmar same year. Developmen 1973. known as FATA DC, in 1970 known as FATA

t

s

tion,

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ct VII of

ct. 1974

ocal

ation of ation

tion, 1967

tion, 1967

tion of

o, 93) o,

t in Tribal

cracies (Tribal cracies

ession of

have been have

What reforms/ What

introduced so far? introduced

policies/ initia

The Administr The Members of the The Societies Cooperative The Developmen FATA District and Peshawar The of the Constitution The Delimita The Suppr The Basic Demo Electoral College 1925 (Sind A Act, DC) (FATA Corporation (Settlemen Areas Tribal Islamic Republic of A Constituencies Activities Terrorism Areas) Regula Areas) of L (Functions 1925) of Disputes) Regula 1973 Pakistan, (XXXIV) of 1974 1975 (Special Courts) Act, Governmen 1971 (MLR N (XV of 1975) Areas) Regula Areas)

24) 25) 26) 27) 20) 21) 22) 23)

S.no.

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inance

ered

,

,

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tml

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AMP and

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t Authority,

ATA through ATA

ws)

,

of-1963-

ing-

ATA Resource ATA

; "The Federally

y Study of

t-are-tribal-areas-

Ordinance-of-

egulation Act,

lawsite.com/laws/f

lawsite.com/laws/f lawsite.com/laws/f

's company prole 's company

-protection-

eforms",Tigah

ered Areas Tribal

– 49,

Reference/Source

Asmatullah KhanAsmatullah and Wazir Muhammad Zaheer K For full text, see:For Insurance The extended t List of laws F "Mainstreaming Act, 1938, see: "Feasibilit and Legal Political R Political http://www.secp.gov.pk/corpo Regulatory for Regime " in the tribal areas are What Journal, 2014, F Journal, ratelaws/pdf/InsuranceAct193 & Commerce Industry, in Trade 2013, 20 August of law?", eyes Center; interview, Abdul La interview, Center; 8.pdf April 2011, C FATA", http://www.thepleaders Afridi (ex-parliamentarian/ex- Afridi FATA Developmen FATA 2013/08/wha president, Peshawar High Peshawar president, page 35 in-eyes-of-law_3076.h http://fatada.gov.pk/Docs/Ind Court ex- Bar Association ustries/RegularityRegimeForIn 22 September, president), dustryCommerceTradeinFATA. 2014 pdf

"The Federally Administ "The Federally See HBFCL Tribal Areas (Application of (Application Areas Tribal page: "House Building F Laws) Regulation, 1975" Laws) Limited", Company full text, see:For Foreign The http://nasir http://www.hbfcl.com/compa R Exchange ata.htm ny_prole.html Banking Companies 1947, Administ Ordinance, 1962 (L Ordinance, http://www.a.gov.pk/law/Off (Application of La (Application http://www.bu.edu/buc ences/6.pdf "The Federally Administered "The Federally Regulation, 1975" s/2012/01/Bank Tribal Areas (Application of (Application Areas Tribal http://nasir Companies- Laws) Regulation, 1975" Laws) ata.htm 1962-and-Rules- http://nasir consumer ata.htm related.pdf

t

eas.

ATA

.

y it has

o an

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te the impac te

y of

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vernment in vernment

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.

ts' hold and win the trust

ted which is wh ted

ted, will mitiga ted,

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works. If properly works.

y of services farmers. to

ffective, even in settled ar even ffective,

ted in FATA properly. in FATA ted

o the national exchequer

atic cultur

or the youth, as a r or the youth,

ted, however, the government however, ted,

tively voting ev voting tively

Remarks

tation of this A

t is not e

cessibilit

esults.

fficult rules set b

orking abroad, who send money back orking abroad,

ea, reduce militan ea, reduce

t networks, owing to a paucit to owing t networks,

esults in a loss t

oting age ac

y good r

ollow this regulation, relying inst relying this regulation, ollow

ATA

inging FATA further in line with the r FATA inging

t this act, the government shouldt this act, the government bring rst

te a larger network of agricultural banks in F of agricultural network a larger te

ted, this Act can yield f ted,

ibesmen.

tribesmen of v To implemen To actThe has not been implemen implemen if effectively code, This a democr Act promoted This normalcy in the ar of the tr of the FCR, br country.

Owing extremely di to acquiring a loan, this ac acquiring This Act has been implemen This implemen ineffective The is not truly implemen ordinance The tribal people w Many should initia home do not f so as to provide easy ac provide so as to which r means, increase in militan increase not yielded an only on paper this Act remains Hence, employment opportunitiesemployment f they gravitate towards these net towards they gravitate implemen area.

olicies in F

y

o

t

es

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,

, a

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.

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ATA, has ATA,

vote in vote

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ted in FATA; ted

al law

orms and P

tation?

t regulating

ted. CCP The

ourts set up b

ted in FATA ted

ted, though ted,

or building or

t

iminal cases

y.

t PAs.

ould

e missing in

t was

ountry. In FATA, ountry.

t, all voting-age

t was passed

onsulted nly

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ontesters took par took ontesters

ted, only a f ted,

ode through which ode through

s

ted in FATA, to a to in FATA, ted

onvincingly

ance of human liv ance

the

the status of the status

implemen

The Insurance Act deals with The sets rules f law This the insur and banks et corporations is a gener CCP The dealing with cr and property in FATA. This Act This and property in FATA. FATA. this ac Before across the c across has been implemen implemen preference is given to the FCR, to is given preference next to invisible in a v next invisible to in0uential from vote could a special c region. inFATA elections. general FATA is adjudica FATA With this ac With would be c would tribal people c when rules ar FCR. In that case, the code FCR. In that case, guides special c in the polls and the tur elections. In the very rst was recorded awas recorded 33.69 per General ElectionsGeneral in 1997 298 c total after this ac PAs or assistan PAs

This actThis loans t aims at giving the tribesmen f This ordinance has been ordinance This aiming t ordinance, This deals with ordinance This constructing houses act,This aiming a partially implemen tribesmen f loans to the tribesmen. loans to been implemen currency has been 0ow, agricultural banks ar agricultural establishing industr but not c implemen operative only in some par operative in F industrial zones capacit limited been implemen ineffective, in FATA. ineffective,

Status of Ref Status

.

dult

o FATA o FATA o FATA

o FATA o FATA

y whom?

ct to FATA in 1996 ct FATA to

When and b When

This actThis was extended t actThis was extended t actThis was extended t Ahmad Khan Farooq President in 1975. in 1976. in 1979. extended the A Leghari Franchise A Franchise

This actThis was extended FATA to actThis was extended t actThis was extended FATA to actThis was extended FATA to actThis was extended t in 1975. in 1975. in 1975. in 1975. in 1975.

t)

s

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tive

ct, 1996

e

aws to FATA aws

t Bank t Bank of

have been have

What reforms/ What

introduced so far? introduced

policies/ initia

The Insurance Act, 1938 ( Act, Insurance The Extension of L of Criminal Code The A Franchise Adult IV of 1938) in Respect of People (Amendmen Procedure Finance Corporation 1977 Corporation Finance 1979 Ordinance,

The Agricultur The Industrial The Banking Companies The House Building The Exchange Foreign The Developmen Developmen 1962 (L Ordinance, Act, Corporation Finance (VII Act, Regulation of Ordinance, 1961 (IV of Ordinance, 1961 Ordinance, Pakistan 1962) 1952 (XVIII of 1952) 1947) 1961) of 1961) (XXXI

33) 34) 35) 36)

28) 29) 30) 31) 32)

S.no.

12 13 oli

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ocal

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ATA:

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,

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ata people get

jmal (ex-chief

ta-local-

wed inwed Tribal

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.gov.pk/press12-08-

ights", Dawn, 12 Dawn, ights",

ee), 19 S

,

Reference/Source

Press Release, "Political Release, Press speedy provide to “Govt. report,News "Major changes activities allo people of F to justice made in FCR: F Areas, FCR reformed", Press FCR reformed", Areas, of Press Associated Naek”, political r Information Department,Information PR 29 June 2008, Pakistan, August 2011 No. 82, No. http://www.app.com.pk/en_/i http://pid ndex.php?option=c 2011.htm nt&task=view&id=43458 Press Release, "Political Release, Press activities allo Areas, FCR reformed", Press FCR reformed", Areas, Information Department,Information PR No. 82, No. http://pid.gov.pk/press12-08- 2011.htm

Full text of the PPO: Full http://www.civiceducation.org /wp- The Federally-Administered The "Administr (R) Mian Justice Interview, content/uploads/2010/08/P Tribal Areas Local Government Local Areas Tribal AdministeredFederally Tribal Muhammad A tical-Parties-Order.pdf Regulation, 2002, (fata.gov.pk), Areas High Court; Peshawar justice, http://www.slideshar http://fata.gov.pk/Global FCR Reforms head, news/2002-fa iId=29&d=2&pId=25&mId=1 Committ Mumtaz Bangash, F government-regulation 3 2012 Reforms Committee Report Committee on Reforms the Introduction of the L Government PlanGovernment 2000 Interview, FATA tribal elders FATA Interview, 20 September, 2014 20 September,

t

opic

radual

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ity. The

ated by the by ated

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y Musharraf,

ere

ed in late 2009. ed in late

ing processes and ing processes

ties contested

tus remains a t tus remains

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o FATA.

e initiative aimed a e initiative

ibal terrain. Itibal terrain. gave

eluctant shed to

ere ultimately made ultimately ere

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ommittee lookingommittee into

xist on ground. As for the for As xist on ground.

esidential author

ity on FATA is the pr ity on FATA

eforms, made b eforms,

xtension t

xtension of the PPO and

tus quo r

vernment setups w vernment

oot in the tr

Remarks

te author te

ting that the process has been g ting that the process

er, his speech sho er,

ity and a sta

ct, local go

w.

elating to FATA. elating to

elcomed the e elcomed

's committee was one mor 's committee

tation mechanism on FCR r

ATA

ATA.

eforms in FCR do not e eforms

ere leftere out of all decision mak

ATA Reforms package Reforms announc ATA

-oriented. changes w These

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Even though the ultima Even H. Naik Farooq Most of the r not the pr depic FATA, reforming the for PPO, time in 2013, political par rst government-of-the-day in reforming FATA, illustr government-of-the-day FATA, in reforming elections in F reforms introduced later under pr later introduced reforms Prime Minister eventually formed a c formed Minister eventually Prime but change reforming FCR. reforming part of the F

The tribesmen w The simultaneously demanded its e This regulation did not take r regulation This w Tribesmen implemen The because of insecur As a result if this A a result As sta constitutional FATA's Moreover, power. key powers to PAs, thereby depriving locals of ha thereby PAs, to key powers institutions of debate. say in decisions r say introduced in FATA in 2001. in FATA introduced as a one

olicies in F

t

o

ate

t

tation.

ties were

t

elatives.

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olitical

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ommittee

ought in line

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tation?

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, retired

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ights.

. S

t in the FCR and

ts, among other ts,

t then Governor,

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ation from arresting ation from

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s

implemen

Prime Minister Gilani said tha Prime on Committee Cabinet The the FCR will be br changes in FCR recommended sough reforms These with human r the FCR. amendmen extension of the P Parties Order (PPO), 2002 t (PPO), Order Parties the tribal areas. The amendmen things, barred the barred things, administr women, childr women, above 65, for a crime 65, for above committed by their r by committed Likewise allowed to canvas for votes in votes for canvas to allowed FATA.

Article 1 of the or FATA fromFATA PPO's application. The regulations, aimed a regulations, The purpose of this separ The 12-member c The of comprising committee The setting up local go expedite was to secretariat recommended political elders in FATA, could not pr could in FATA, and closely super as FATA secretariat. as FATA be that powers things, and other bureaucrats, implemen In 2006, uplift projects in FATA. in levels lower to delegated suggest officials, suggest tha this secr FATA. measur reformative Syed IftikharSyed Hussain Shah and FCR. his successor commander his successor -ur-Rahman cr hurdle in its implemen

Status of Ref Status

.

ed

w

o the

o

,

ATA

arties

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arties Order

olitical P

rst speech t rst

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ed a separ

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, President Zardari , President

When and b When

Prime MinisterPrime Raza Yusuf In April 2008, P Ali Zardari Asif President Gilani, in his Raza Gilani tasked La Yusuf announc parliament in 2008, v H. Naik t Minister Farooq package on 14 A make changes in the FCR. suggest pr but did not issue reforming laws on FATA. laws reforming then. in a later, years Two grand ceremony in Islamabad ceremony grand largely attended b attended largely leaders approved the long-a approved reforms.

Pervez Musharraf amended Pervez Military Pervez ruler General In 2002, militar P the Political Musharraf Pervez General headed committee A reforms headed Committee A Reforms Musharraf extended F (1962) with P constitut Mumtaz Bangash Dr. by Mian (Retired) Justice by the FCR. to reforms Local Government Elections Government Local (2002). Order in 2002. FATA for secretariat suggest Muhammad A Regulations to FATA in 2002 FATA Regulations to

ee,

t

ee,

s

o FATA

tive

ee on

tions,

t of FATA

ts in FCR and

eech in the

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have been have

orms Committ

What reforms/ What

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Prime Minister Gilani's Prime C Cabinet Package, Reforms FATA maiden sp FCR, 2008 of 2011, comprising Parliament amendmen extension of PPO t

FATA Local Governmen Local FATA Parties Order Political Establishmen Committ Reforms FATA FCR Ref (PPO), 2002 (PPO), Secretariat 2000 2005 (ak Committ Elections Regula 2002

42) 43) 44)

37) 38) 39) 40) 41)

S.no.

14 15 Analysis of Key Recommendations for FATA Reform by Ayaz Wazir, Former Ambassador of Pakistan

ata

,

e.net/fata ay 2014 The year 2014 saw a series of 11 country,theyaredictatedtohavenosayin political parties remain stagnant with no

y the recommendations put forth by the theaffairsoftheirownregion! reportofanyfollowupactivity.

ws to FATA

jmal (ex-chief

, Political Parties Joint Committee on FATA ormed on F Reforms.These included several sweeping This consequence could have easily been In the race to emerge as the savior of FATA, assertions and generalized statements. avoided had the political parties not several other organizations, such as the

Reference/Source Among others, recommendations stated consented. However, it appears that the Zulqar Ali Bhutto Foundation and the that peace in FATA should be guaranteed. majority of the political parties do not FATA Reforms Commission, have

Notication issued b Notication Prime Minister's on office Prime Interview, Justice (R) Mian Justice Interview, 8, 2015 November Muhammad A "Extension of La High Court), Peshawar justice, and PATA NWFP/Balochistan and PATA 19 September 2012; 2007–2010", States and States 2007–2010", Frontier Regions Division, Regions Frontier Ali, "Another Zulqar Government of Pakistan, Government f commission http://www.slideshar 20 M Dawn, reforms", news/safron-extension-of- laws-to-fata-20072010 Ironically, committee members could not harbour much interest in the region. They proposed a number of recommendations reach a consensus on how to restore are aloof to the true realities at the ground over the past year. It is interesting how all

t peace in FATA-whether to do it through level and have no desire to be actively institutions believe that the solution for

e peaceful means or through the use of involved in any sort of development. They FATA lies in mere‘’. lip-service However, y force. So they settled for the words, are 'outsiders' to the region and that these recommendations have also been 'Guaranteeing of peace in FATA' by the explains their torpidity. To merely limitedtopaper.

awing

A and similar

y, and y,

eforms; even eforms; government, without specifying the 'demonstrate' movement, they produced mechanism behind this momentous a set of 11 recommendations. In the Where then, does the solution lie? For one, ibal people b change. The list was a mere reiteration of aftermath that ensued, severe criticism political parties need to realize that the what was already on the table and to date, was received as a response to the solution of FATA lies in the empowerment

esenting its

's failure demanded tha 's failure

aced by the tribesmen. by aced

ted for NDMA to ensur to NDMA for ted islimitedtopaper. recommendations.The FATAJoint Political of the people of FATA, through a

ond political r

onsultations with all ts of the tr Parties Committee members thereafter, referendum. Whether it is merging FATA

e in FATA.

iously consider withdr iously consider The 1973 Constitution saw the insertion of congregated in a 'meeting of solutions' with Khyber Pakhtunkhwa or making it a

Remarks Article 247 (7), according to which all that did not yield any solid results. The separate province or appointing a power was allotted to the President of actual solution lies in combating the designated governor/administrator for

xemplary way through NDM xemplary through way

ea, strengthening civil societ ea, strengthening atic cultur Pakistan for deciding the affairs of the problem from its roots. If the decision is to region, the fate should be vested in the ore preparing and pr preparing ore region. All parties consented to this berevisedoramended,thepartieshaveto hands of the true policy makers of the

ATA

tions.

. However, the institution . However, openly, apart from Pakistan Tehreek-e- revisit the Parliament and pass a region-the people of FATA. Political parties Insaf (PTI) and Pakhtunkhwa Milli Awami unanimous resolution on amendment. need to support and offer assistance in Party (PkMAP). The irony was that even Unless a legal and official stance is taken, this regard if they truly imbibe intentions FATA Parliamentarians are barred from the future of FATA will continue to mimic for a just system of governance and

The government could win hear could government The

Today's work on FATA is to go bey is to on FATA work Today's will be holding c committee The serving them in an e changes in the FCR will not be embr stakeholders bef The government should ser government The recommenda military the ar from institutions a proper audit mechanism be char a proper promoting democr promoting transparency and efficiency. discussing this clause in the Parliament. its past. Unfortunately, this has not been administrationintheregion. olicies in F While they legislate for the rest of the witnessed so far and the stances of the

A's

er-

to

t, SUMMARY OF REFORM PROPOSALS BY DIFFERENT STAKEHOLDERS

ing at

ed

,

ormer army

orms and P FATA Reforms Commission PoliticalPartiesJoint

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e less than

ay forward.

elopmen FATAParliamentarians(22ndAmendmentBill) (FRC) CommitteeonFATAReforms

omprised of a

tions and

tions in 10

t body for works

eaucrat,

What is

xt 25 years, is xt 25 years, Ÿ Article 1 Sub Article(2) clause(c) of the Constitution shall be Ÿ Ÿ the status of the status Peace and Security be maintained Peace in FATA should be omitted. implemen through strengthening of guaranteed. Ÿ Article 246 clause(b) of the Constitution shall be amended to Ÿ civil/armed forces, building of new Article 247 of the Constitution include Tribal Areas adjoining districts (of Peshawar, Kohat,

NDMA, the country'sNDMA, disast Displac the Internally look commission, This will look in committee The managemen the NDM However, Persons. reforms/policies the strategic analyzing past relief activitiesrelief ar the ne for recommenda the expected work it could the expected work working on dev the w proposing have done. have health and infrastructure, education etc. The commission c commission former bur former academician and f officer, has to come up with its come has to officer, recommenda months. FC wings for border security and should be amended: fundamental

Status of Ref Status Bannu, Lakki , Dera Ismail Khan and Tank), and management, establishment of a rights should be guaranteed for all several agencies (Bajaur, Orakzai, Mohmand, Khyber, FATA Coordination Cell in the FATA tribal citizens and legislative power Kurram, North Waziristan and South waziristan) in the

arch e. Secretariat and establishment of an be shifted from the President to ProvinciallyAdministeredTribalAreas(PATA).

y Agency Security and Intelligence Parliament. Ÿ

. Article246clause(c)oftheConstitutionshallbeomitted.

ffice, t Committee. Ÿ Local bodies elections should be er Ÿ Article 247 of the Constitution shall be omitted and

y the Prime

y whom? Ÿ ths later, in ths later, Temporary Displaced Persons heldinFATA. substitutedwith:

, Sardar Mehtab , Sardar (TDPs) should be rehabilitated and Ÿ A comprehensive package should o expedite work o expedite a. Executiveauthorityoftheprovinceshallextendto

t Authority was t Authority

i, ATA National ATA providedfor. be developed and infrastructure thePATA. ,. Ÿ Court Jurisdiction be extended to development initiated, with special b. The President may, from time to time, give such FATA. focus on health, education and directions to the Governor of a Province relating to the Ÿ When and b When Establishment of a representative employment. wholeoranypartofaTribalAreawithintheProvince.

The President of Pakistan President The assumption of o With in was formed committee The extended F of KP Governor 2015 b November Disaster ManagemenDisaster Khan Abbas a new formed MianMinister of Pakistan Ordinance to FATA on 3 M FATA to Ordinance t commission appointing Sharif, Nawaz 2008. Some mon The in FATA. process on reform Sartaj Aziz as its Chair August, FATA Disast FATA August, in October, extended FATA; to is headed b commission Managemen was extended ther NDMA Chief Provincial former Secretary Ijaz Qureshi Mr. Ÿ Council for Constitutional Reforms The future status of FATA should be c. No Act of Majlis-e-Shoora (Parliament) or an Act of inFATA. decidedbyitspeople. Provincial Assembly shall apply to the PATA or any part Ÿ Ÿ Expansion of the existing FATA Pakistan Electronic Media thereof unless the Governor of the Province in which Tribunal along with abolishment of Regulatory Authority (PEMRA) the Tribal Area is situated, with the approval of the

ATA

s t the existing appellate process of jurisdictionshouldbeextended. President,sodirects. Ÿ

Ord. appeal to the Commissioner by the The Jirga system should be made

tive d. The Governor of a Province, with prior approval of o FATA; complainant. more democratic and the President with respect to any matter within the Ÿ

ATA ATA Introduction of an Additional PA independent. legislative competence of the Provincial Assembly,

t Ordinance t Authority (Judiciary)postineachAgency. Ÿ Actions in Aid of Civil Power

isaster isaster may make regulations for peace and good Ÿ Establishment of a Local Regulationshouldbeabolished. governance of a Provincially Administered Tribal Area have been have Governmentsystem. Ÿ Executive and judicial powers

What reforms/ What oranypartthereof. Ÿ Setting up of a Governor's Advisory shouldbeseparated.

introduced so far? introduced policies/ initia e. The Supreme and High Court shall exercise Ÿ Council in order to overcome the Citizens should not be deprived of jurisdiction under the Constitution in relation to a

Extension of F FRC, 2014 Minister's Prime National D National on FATA Committee Managemen 2015 Reform, 2007 (Ord. No. LIII of 2007) No. 2007 (Ord. to FATA; Extension of F to FATA; Disaster Managemen Commission 2007 ( Commission No. LIII of 2007) t No. Managemen Extension of F 2007 (Ord. No. LIII of 2007) No. 2007 (Ord. National D National to FATA. disconnect between the Governor property; inheritance law should TribalAreaasmaybeprovidedbylaw. Khyber Pakhtunkhwa, FATA beextended. Ÿ Ensuring fundamental rights and equal treatment for the Ÿ SecretariatandFATAlocals. Civil armed forces (khasadar/levies) peopleofFATA. Ÿ Quick-Impact Projects should be should be strengthened and

45) 46) 47) Ÿ S.no. BringingFATAintothemainstream. initiated for socio-economic professionalized. development. 16 17 Opinion

agents.

A sustainable constitutional and legal solution for FATA will be to integrate it into Mainstreaming FATA for its people Khyber Pakhtunkhwa. Most of the Tribal Agencies have developed socio-economic integration with adjacent districts like Bajour with Dir Disrict, Momand with Charsada, Khyber with Peshawar and so on. The six Frontier regions have lived under district administration for a very long time. Khyber Pakhtunkhwa also rule can be traced back toThe Government at this point, FATA was given no more houses a large number of FATA population of India Act 1935 passed by the British importancethanamere'strategiclocation' without any discrimination-these people Parliament. The 1935 Act allowed the and the militants ultimately expanded can be the bridge for future integration. government of that time to shape a special their wings into Khyber Pakhtunkhwa and Furthermore, both the regions are very administrative framework for such areas, emerged in de-facto FATA pockets in well connected through a series of major that conveniently allowed them to hide settled districts adjacent to the tribal areas. passes that can boost economic behind the constitutional principle of the Although military operations in North integration and create easy accessibility. trichotomy of power under which out of Waziristan have improved the situation The civil service structure will also not the three organs of state-legislature, but,thecon0ictisfarfromover. require any modications in a case of executive and judiciary-no organ could merger with a majority of Khyber interfere in the constitutionally dened Owing to a ban on political parties and Pakhtunkhwa civil servants already powersofanotherorgan. their activities, movements for reforms working in FATA. Peshawar is already a emerged late in the region. In the 1970s, recognized administrative and political Owing to hostile relations between the organization 'Tehreek Ittehad-e- capital for the people of FATA who might Dr. Pakistan and Afghanistan, as well as the Qabail' (Movement for the Unity of Tribes) be faced with a complicated situation on polarization of a cold war, the status quo in demanded reforms and the lifting of the the agreement of a new capital. Another huge supportive mechanism for the President, Roshaan Democratic FATA was jealously guarded by the FCR. However, this movement was harshly Institute, Pakistani ruling establishment. During the suppressed by the seven political agencies merger is that history has already Ex-Senator, 1980s, FATA was used as a launching pad and the six frontier regions as it was a witnessed such a precedent earlier Ex-Provincial President, Awami National for the anti-Soviet war in Afghanistan, threat to their colonial rule over the area. thereby proving that a merger is a Party (Khyber Pakhtunkhwa), readily supported in the cause by Western The 1973 Constitution had provided for possibility. It occurred in 1955, when FATA Expert of Afghan Affairs and Analyst of powers as well as the Arab states. As its FATA representation in the National was merged into the One Unit of West Regional Security and Socio-Economic name states, FATA has been for centuries Assembly of Pakistan but the members Pakistan created by the political elites of Cooperation 'administered' and not governed: its from the area were to be elected by a to counter the population geographic location termed as strategic limited electoral collage of tribal chieftains strength of then East Pakistan. This new space, holds more value than the people and not on the basis of adult franchise. It merger should surely be easier to rticle 1(c) of the Constitution of who abide there. Even in this modern age was only in the 1997 general elections that undertakeasopposedtothepreviousone. Pakistan^ considers FATA as part of of democracy, these people continue to be tribal were granted the right of Athe territories of the country. victims of an identity crisis with limited or 'one man (woman) one vote' to elect their However, a constitutional step as immense However, realities are very different as the zero freedom, owing to a lack of MNAs. Local government elections were as this, needs to live by two preconditions: region is house to the draconian Frontier governance in the area. FATA also refused to be held on the non- rst, the people of FATA should be Crimes Regulation (FCR) set by the British parliamentarians cannot legislate for their convincing grounds of conducive security incorporated into the decision making Empire, who developed FATA as a buffer own region and all decisions are left solely environment. However, in recent times, process and second, all political parties zone against the Russian empire in the in the hands of the President despite the political activism has been witnessed in along with the Establishment, should 19th century. The system of Political fact that the 18th Amendment prompted the region with the emergence of the 11 declare a package for full and proper Agents (PAs) thrives in the region and was the President to take all action on the recommendations put forth by the representation of the people of FATA in the meant to keep the society of the area advice of the Cabinet and the Prime political parties. FATA parliamentarians Khyber Pakhtunkhwa Assembly, their frozen in history and stagnant in any Minister. District courts are headed by PAs have also recently demanded that the share in the development funds and the political activity, in addition to halting the and even the 'appellate forums' are region be merged into Khyber allocation of certain percentage of berths possible ingression of communism from manned by bureaucrats completely Pakhtunkhwa. FATA has also come under in the provincial cabinet for a certain the erstwhile Soviet Union, while also outside the jurisdiction of the High or the international lens owing to the period, so that the FATA people are able to politically cutting off the Pashtuns of the Supreme Courts. In August 2011, the prevailing war on terrorism. A nascent civil come at par with the rest of the province in © UNDP Pakistan area under British control, from the Political Parties Act was extended to FATA society is emerging in the area consisting terms of gaining their rights and achieving Pashtuns living on the western side of the but in the absence of other fundamental of lawyers, journalists, teachers and socioeconomicdevelopment. Durand Line. Along with the FCR, the rights and judicial forums, political process students who are yearning to bring an end region lacks a judicial forum with the continue to be largely ineffective. Prior to to colonial structures and empower the Supreme and High Courts being barred the introduction of this act, most political locals as equal citizens of Pakistan. The References: from jurisdiction. It is ironic, that while parties donned a de-facto presence in the strongest resistance to reforms comes 1. Article1:(1)PakistanshallbeaFederalRepublictobeknownastheIslamicRepublicofPakistan,hereinafterreferredtoasPakistan. Article 8_ states that any law which is region. from the stockholders of the black ^[(2) TheterritoriesofPakistanshallcomprise: inconsistent or in derogation of economy who thrive on political and (a) theProvincesofBalochistan,theKhyberPakhtunkhwa,thePunjabandSindh; fundamental rights is to be considered null Post 2003 saw a wave of militant and judicial vacuum. These include civil (b) theIslamabadCapitalTerritory,hereinafterreferredtoastheFederalCapital; and void, FATA lives in a completely terrorist insurgency in the region, with the servants, local commanders of LEAs and (c) theFederallyAdministeredTribalAreas; contradictory scenario with the people of invasion of Al-Qaeda and other terrorist different maas fueled by abundant (d)suchStatesandterritoriesasareormaybeincludedinPakistan,whetherby accessionorotherwise. the region unable to even attain basic outts. Several civilians were massacred in amounts of money, coming from drug 2. Article8:LawsinconsistentwithorinderogationofFundamentalRightstobevoid.- fundamental rights. The exclusion of the waves of terrorism that ensued and trade, commodities' smuggling, gun (1)Anylaw,oranycustomorusagehavingtheforceoflaw,insofarasitisinconsistentwiththerightsconferredbythisChapter,shall,totheextentofsuchinconsistency,bevoid. present day FATA from full constitutional numerous IDPs were housed by FATA. Even running and unaudited funds of political (2)TheStateshallnotmakeanylawwhichtakesawayorabridgestherightssoconferredandanylawmadeincontraventionofthisclauseshall,totheextentofsuchcontravention,bevoid.

18 1719 Opinion

(PDMA). For this, the Commission involves the locals in identifying their composition of the Governor's Council recommended a committee, comprising development needs and ensures shall be transformed, under which Recommendations of the FATA Reforms of concerned officials and experts, to transparency in implementing these majority of the Council members (90 thoroughly review the existing structure development initiatives. With the aim of percent) would be elected members whilst and propose recommendations for a establishing a local governance system in the remaining 10 percent would be reorganization of the FDMA. Furthermore, FATA, the Commission proposed an nominated by the Governor Khyber Commission (FRC): A Summary it was also suggested that a proper plan Agency Council/FR Council to serve as a Pakhtunkhwa. covering rehabilitation and an assessment platform for local participation.This would of the reconstruction of damaged result in a building of trust between the 6. Socio-Economic Development infrastructure be chalked by the FATA stateandthecitizens. andQuick I mpact P roject s: Secretariat. Again, the Federal It has been widely acknowledged that all Government should be the funding The proposed Agency Council would be a efforts for peace and recovery in post parties and FATA civil administration and management and supporting the political source. decision making body regarding all con0ict FATA would not be long lasting if security forces' officials. Different recent administration in maintaining law and development schemes in the Agency and not supplemented with efforts for reports on FATA Reforms were also order in FATA. Equipping and capacity 3. Justice System and Legal manage the 'Agency Fund'. The Council reinvigorating the economic activities in reviewed for distilling useful proposals building of all levy forces through regular FrameworkinFATA: would comprise of local representatives, the region. Given the region's unique and insights. With the continuous support training in investigation, prosecution and There was unanimous agreement across members of Parliament from the development and geopolitical challenges, and guidance of the Governor and quick response was also recommended. the committee that the current justice and concerned Agency/FR and other sustained reforms and nancial devotion of the Commission' members, Most importantly, the Commission legal system in FATA required revision. nominatedmembers. commitments for economic recovery in the Commission proposed various reform proposed an institutional setup in the form Suggestions included extending the FATAwouldberequiredaswell. initiatives in prioritized areas as identied of a Coordination Cell in the FATA authority of the Superior Courts of The Prime Minister recently by the stakeholders, including the Secretariat for institutionalizing the levies' Pakistan, to more traditional views of constituted a committee in With respect to socio-economic institutional framework for government capacity building in FATA on a regular basis streamlining the local Jirga system. With November 2015, for providing development, the Commission proposed institutionsworkinginFATA. under the auspices of retired military or respect to the Frontier Crimes Regulation recommendations for FATA reform. In several initiatives such as 'Quick Impact police officers. Similarly, for better (FCR), two different opinions emerged, the past, there have been several Projects' (QIPs) in different areas, which It is essential to underscore at the outset, coordination in the maintenance of law ranging from its complete abolishment to committees formed with a similar included the establishment of FATA Ejaz Ahmad Qureshi that recommendations covered in FRC's and order in each Agency, the Commission maintaining the existing system with purpose. Some of these included the University, the holding of a detailed census Interim Report are transitional in nature. proposed the establishment of an Agency major reforms. However, the Commission FATA Reforms Commission (2014), in FATA and provision of easy access to The Commission felt it necessary to have a Security and Intelligence Committee Chairman felt that the future of the FCR and access to the FATA Reforms Committee (2000), micronance and agriculture credit, to phase wise approach with respect to under the Political Agent (PA), comprising FATA Reforms Commission superior judiciary in FATA were linked with the FCR Reforms Committee (2005) name a few. The Commission felt that in reforms in FATA; and hence not of FC Commandant, Agency Inter-Services the future status of FATA and therefore any and the Cabinet Committee on FCR order to supplement the on-going efforts recommendinganyabruptreplacementof intelligence (ISI), MI and Intelligence decision regarding this should be taken by (2008). of peace and security, rehabilitation and the entire system, especially given the Bureau (IB) heads along with a the people of FATA. In order to aid the economic recovery in FATA, reinvigorating present precarious situation in the region. representative from the Army. At the Background people, the Commission recommended subsistence farming and non-farming The proposed reforms agenda aims to macro level, the existing Apex Committee, the establishment of a representative commercial and trade activities in FATA, Keeping in view the geo-strategic pave the way towards building consensus headed by the Governor Khyber Council for Constitutional Reforms in FATA, 5.Governor'sAdvisoryCouncil: including reconstruction of local markets importance of Federally Administered on the contentious reforms issue in FATA, Pakhtunkhwa, is recommended to be where the voices of the locals would be The proposed Governor's Advisory Council and public infrastructure through labour Tribal Areas (FATA) and the inadequacy of suchasthefuturestatusofFATA. further expanded to include the Inspector heard. was meant to enable a representative form intensiveprojects,areessential. the existing governance structure in FATA General of Frontier Corps (IGFC), Khyber of governance in FATA. Such an to govern and enforce the writ of the State, SummaryofFRC'sRecommendations Pakhtunkhwa ISI head, Khyber As for the justice system in FATA, the institutional setup would help in there is full unanimity that FATA needs to 7.InstitutionalFramework: The Commission's report covers several Pakhtunkhwa MI head, Khyber Commissionrecommendedtheexpansion overcoming the existing disconnect be reformed and integrated with the rest A good governance system is marked by strategicareas,asprioritizedandidentied Pakhtunkhwa IB head, Additional Chief of the existing FATA Tribunal along with between the Governor Khyber of the country under a comprehensive, public representation, accountability and by the stakeholders, including peace and Secretary FATA and Chief Secretary Khyber abolishment of the existing appellate Pakhtunkhwa, FATA Secretariat and FATA phase-wise and carefully drawn reforms transparency. It involves efficiently security, temporarily dislocated persons, Pakhtunkhwa as its Secretary, so that it is a process of appeal to the Commissioner by locals. agenda catering to the ground realities managed public institutions and justice system and legal framework in fullyempoweredbody. the complainant. The Tribunal should be presently prevalent in FATA. With these resources. A review of the existing FATA, local governance system in FATA headed by a retired High Court Judge and This Council will be headed by the contextual imperatives and to counter the institutional framework in FATA highlights through the Agency Council, Governor's should be assisted by other members from Governor and comprise of each Agency pervasive under development in FATA, the 2. Temporarily Displaced Persons the need for a reformation of the current Advisory Council, quick impact projects for the legal fraternity, a retired civil servant Council/FR Council representatives, Honourable Governor Khyber (TDPs): governance system.Thus, the Commission socio-economic revival and the having served in FATA and a person of Federal Secretaries of SAFRON, Finance, Pakhtunkhwa believes in the importance With almost a quarter of the population of recommended an appropriate institutionalframework: knowledge and integrity from the civil Interior, Planning, Development and of bringing political, socio-economic and FATA displaced from their homes, the institutional framework to address the society. Moreover, an Additional PA Reform, Chief Secretary Khyber legal reforms to FATA, through pragmatic, commission felt that the issue of TDPs administrative and governance related (Judiciary) post was recommended in each Pakhtunkhwa and Additional Chief comprehensive and workable reforms 1.PeaceandSecurity: requiredimmediateattention. weaknesses in FATA. The underlying Agency to cater to all judicial matters Secretary FATA (Secretary of Governor's backed by broad consensus and in line Post 9/11 saw the region suffer objective is to enhance the organizational within the Agency. This setup was Council). Other members would include with the aspirations of the people of FATA. tremendously at the hands of militant To deal with the issue of TDPs, the efficiency through leaner structures and to recommended for an interim period, experts, including women, and a minority To meet the objective, the Governor activities. There remained no resort except Commission proposed the provision of develop cost effective institutional set ups beyond which an independent judicial member from FATA. The mandate of the established a FATA Reforms Commission to hold military operations to curb this immediate funding by the Federal in order to gain greater value for the hierarchy may be put in place headed by Governor's Council will be to act as an (FRC), as an apex body exclusively menace. All stakeholders are in agreement Government until their safe return and publics' money in public service delivery at judicialofficersindependentofthePA. advisorybodytotheGovernoronFATA. responsible for framing and steering the when it comes to restoring peace in FATA, rehabilitation. For the long run, a revolving thegrossrootlevelinFATA. reforms initiatives and processes for as without this, no amount of reforms can fund of PKR 10 billion was proposed by the The current proposed structure of the implementationinFATA,inMay2014. sustain. Commission to be maintained in the FATA 4.LocalGovt.SysteminFATA: Disaster Management Authority (FDMA). There exists a paucity of an institutional Governor's Council is for an interim period of two years. After the expansion of the The members of the Commission held For restoring peace and for the The Federal Government bears the framework at the Agency level, that local governance system in FATA, the long interactive meetings with each maintenance of law and order in FATA, the responsibility to provide and replenish the segment in the FATAsociety and important Commission proposed hiring 500 fresh fund on a regular basis. The Commission stakeholders included, but not limited to, levies at each Agency level and 200 at each also proposed an institutional FATA Parliamentarians, professionals, FATA FR level. The Commission also restructuring of the FDMA parallel to the References: Elders/Maliks and representative groups recommended building up of new FC model of the Khyber Pakhtunkhwa from Youth, Ulema, civil society, political wings for border security and Provincial Disaster Management Authority 1. FRCInterimReport.Availableat:http://fata.gov.pk/cp/uploads/news/143928037655c99a8559463.pdf 20 1721 Opinion Table 2: MDG Indicators: a comparison

Target FATA Punjab Khyber Indicator Sindh Balochistan Pakhtunkhwa

Proportion of population below The state of Human Rights in FATA: minimum level of dietary energy 13 32.6 40 49.7 36.4 27.1 consumption the socio-economic perspective Net primary enrolment ratio 100 31 52 45 62 54 Literacy rate (percent) 88 24 60 44 62 52

GPI primary education 1.00 0.60 0.89 0.58 0.95 0.91

act, which makes it impossible for banks to improvement in the socio-economic GPI secondary education 1.00 0.60 0.84 0.41 0.85 0.59 ensure collateral for advances. Law and indicators of Pakistan as a whole and of Muhammad Uthmani order situation particularly after 9/11 has Khyber Pakhtunkhwa, the stats for FATA Under 5 mortality rate (deaths per 52 104 112 158 104 75 aggravated the situation further. Tens of depict a different story. For example, 1000 live births) thousands of people, especially those who consider the stats below, according to Journalist had businesses in FATA, have vacated the which, in the national census of 1998, the Proportion of fully immunized DAWN newspaper >90 80 74 53 89 76 Political and human rights activist area and migrated towards settled areas of literacy rate of Khyber Pakhtunkhwa is 18 children1 2-23 months the country. Resultantly, a large number of percenthigherthanthatofFATA. business entities have closed down, Maternal mortality ratio 140 290 345 758 227 275 adding to the already increasing Table 1: Selected development The Federally Administered Tribal Areas proportions of structural unemployment indicators for Pakistan, Proportion of population with (FATA) have faced the brunt of militant in the region. The statutory regime 93 68 90 69 92 82 Khyber Pakhtunkhwa and FATA access to improved water sources attacks and subsequently the US-led regulating industrial activity elsewhere in Pakistan`s war against the growing Pakistan does not apply to the tribal areas. PakistanMDGReport.Availableathttp://www.undp.org/content/dam/pakistan/docs/MDGs/MDG2013Report/UNDP-Report13.pdf militancy in the region. Owing to the FATAData:FATASecretariat The Industry is not subject to direct taxes RestofPakistan:PakistanSocialandLivingMeasurementSurvey2012-13 growing internal militancy, the Pakistan or regulation. In this sense, at least, FATA's Indicator military launched several armed FATA opportunities generated by the area of militants, the displaced persons

industrial sector is the ultimate free- Khyber Economic development and human operations in all tribal agencies and the market environment. In the absence of Pakistan rights authorities are negligible and that is why were asked to commit that on their return

Pakhtunkhwa settled district of Swat in the Malakand adequate legal cover, investment is a risky The Frontier Crimes Regulation (FCR) has the tribal labor force is employed in the they would raise private militias to keep division. These operations resulted in business._ Literacy ratio 43.92 35.41 317.42 been linked to the overall low economic settled regions of the country and in the the Taliban out of their regions.” It further (both sexes, %) civilian casualties and forced thousands of development of FATA because it provides Middle East to make their ends meet. stated that, “the local economy had people to vacate their homes and leave 5 Hence, the FCR and the corruptive collapsed and the region that was known There are a few livelihood opportunities Male literacy unlimited authority to the Political Agent 54.81 51.39 29.51 governance and administrative just a few years earlier for sending fruits their assets unmanned. Shops and available to the people.The local economy ratio (%) 3 (PA) to seize the property of an individual, markets were looted and bulldozed by is chie0y pastoral, with agriculture family or an entire tribe for a crime institutions are major reasons to blame for and vegetables to the rest of the country army tanks. This resulted in huge practiced in a few fertile valleys. Most Female literacy 2 committed by one person belonging to human rights violations and economic now depended for almost everything on 32.02 18.82 3.00 economic losses to the tribesmen who households are engaged in primary-level ratio (%) the family, tribe or nearby village. The failureintheregion. supplies from other parts of Pakistan. The were already in tatters with more than 70 activities, such as, subsistence agriculture clauses of collective punishment and seven tribal districts of FATA suffered 293 percent^ of the population living below and livestock rearing, or small-scale Source: Survey enumeration of industries, Service collective responsibility clubbed with the According to theHRCP Report 2013 ,⁴ “The attacks in the year 2013 under review, thepovertyline. business conducted locally. Others are Sector Entities, Labor Force and Identifying Constraints security forces' operations in the region killing 425 people and injuring 932.” Table inFATA,October2010byFDA deprivation of appeal against the decision involved in trade within the tribal belt or of the PA in any court of law, has kept the preceded expulsion of the residents from 3 depicts a picture of the human rights Overview of the socio-economic with down-country markets. Women take human right conditions of FATA at an the area (FATA) and there were some violationsintheregion. indicators an active part in agricultural activities, Comparing these stats with those given in extreme level of poverty. The employment reports that after the military cleared an In August 2014, a damage need collect fuel wood and fetch water, besides table 2, the literacy rate in Khyber Table 3: Human Rights Violations in FATA assessment survey carried out under the attending to household work and family Pakhtunkhwa has increased from 35.41 supervision of the FATA FDMA revealed duties._ A large portion of the tribal percent in 1998 to 52 percent in 2012-13. Type of violence Nature of abuse that over 60,000 houses had been population is engaged in the transport However, for FATA, it has increased only by 01 Attacks (civilians) 234 casualties and 389 injured damaged in Orakzai, Khyber, South business and around 33,046 registered approximately six percent. Ironically, the Waziristan and Kurram agencies, while an workersofFATAareworkingabroad` . breakdown of literacy rate depicts that the 02 Attacks on polio workers 45 workers and guards killed estimated 150,000 families displaced by literacy rate of women has not changed military operations in the NWA and Khyber Unlike the rest of Pakistan, the socio- much, which speaks volumes about 03 Drone attacks 114 killed Agency are still languishing in make shift economic indicators for FATA are not gender disparities in the region. FATA is As many as 3.5 million IDPs since 2008 from Bajaur, North Waziristan, South Waziristan, campsatBannu.1 published periodically. Primary data also lagging behind in the achievement of 04 Displacements (IDPs) Mohmand and Khyber Agency sources ignore FATA from their sample several MDG indicators, when compared Conditions for doing business in FATA are statingsecurityreasonsasthehindrancein tootherregions: Source:HumanRightsCommissionofPakistan,2014,FDMA(ThesenumberscanbemuchbiggerprovidedmediaisallowedaccessintoFATA). carrying out the survey. Secondary sources not favorable. The economy of FATA is Thus, from human rights abuses to against this law. Recently, FATA province or adopt a system like that of cite some statistics: According to the ALIF undocumented. Businesses that run in economic deprivation to total media parliamentarians have also proposed the Gilgit Baltistan, which is geographically, AILAN Pakistan District Education FATA are not registered with any blackout from the ground realities of FATA, 22nd constitutional amendment which politically and economically not viable for Rankings 2015 and the Annual Stats of The availability of up-to-date government authority in any form, hence the hub of all problems in FATA is the seeks complete abolishment of the FCR FATA. Merging with Khyber Pakhtunkhwa Education Report 2014 (ASER-Pakistan), statistics on FATA remains a big enjoy no government patronage. Credit administrative system implemented and proposes a merger with Khyber is the only plausible solution at this point the education score in FATA has increased constraint. FATA is the only facility, as available to businesses through the black law, FCR. The system Pakhtunkhwa. Cleverly, beneciaries of and one that seems to ensure prosperity by 15 percent but, despite this huge elsewhere in the country, is not available to administrative region of Pakistan silences anyone who dare raise a voice the FCR have proposed FATA be a separate fortheregion. FATA. In the absence of a legal framework increase, FATA still lies at the bottom end of for which Pakistan Social and in FATA as opposed to the rest of the the spectrum when compared to other Living Measurement Survey country, commercial banks operating in provincesandregions. (PSLM) data is largely References: 1.FATAAssessment–2015 http://www.satp.org/satporgtp/countries/pakistan/Waziristan/index.html FATA do not advance loans to the locals unavailable. owing to the absence of the land revenue Despite the fact that there has been an 2. Surveyenumerationofindustries,ServiceSectorEntities,LabourForceandIdentifyingConstraintsinFATA:http://fatada.gov.pk/Docs/Industries/IndustriesSurveyReport.pdf 3. FATADevelopmentStatistics2013:http://fata.gov.pk/download-details-fac.php?d=41&id=35 22 4. HRCPreport2013.Availableathttp://www.hrcp-web.org/hrcpweb/report14/AR2013.pdf 1723 Opinion

state angst, all of which helped the case of PAs governing the tribal areas. PAs Years later, in May 2014, the Center for militantsmakethisregiontheirsafehaven. are a) the symbol of the state's authority, b) Research and Security Studies (CRSS) took The FCR is also completely silent on the tribal people's advocate, and c) the an initiative to publicly campaign for FATA, Reforms in FATA: A Pragmatic women,andaffordsthemnorights. liaison between the people and the this time through a 20-episode series ofTV government. The PA serves in three official shows and 60 radio shows,i nvolving about ^ Understandably, the continuation of the capacities, a) the titular office, b) district 50 notables such as FATA MPs, Proposition or a Slippery Slope? FCR and the lack of progress on the status magistrate, and c) sessions judge. He can businessmen, civil society members and of FATA only widened the gulf between the even impose curfew, reject bail, and hold representatives from mainstream political residentsofFATAandthefederation. someoneinconnementindenitely. parties. Ironically, all these discussions yielded a fragmented picture; most of the FATA is the only region in Pakistan where Near universally, the PA's role is viewed as youth - students, civil society, and younger theP arliament cannot legislate, and the corrupt officials armed with boundless parliamentarians vociferously advocated express even a shred of optimism lawless and was persisted apex courts cannot adjudicate. Article 1(c) power. Facilitated and powered by the for the abolition of FATA's current status. regarding reforms in FATA, citing the withbythePakistanirulingelite. of the federalc onstitution, for instance, roughly 35,000 or so Maliks (title- Most of the parliamentarians and military's hesitation for change in wake of would also have to be amended as it holders/representatives of tribes), the FCR businessmen, however, pleaded for a theongoinginsurgencyintheregion. The FCR, formed in 1901, was an evolution denes the Federally Administered Tribal is often used as a fulcrum to exact political phased, incremental change to the status of the Murderous Outrages Regulation of Areas (FATA) as part of the Republic's vengeance.The elite and the rich can easily of FATA through an extension of the writ of The military's “interest” in FATA was also 1867, which gave British rulers, historically territories in addition to the four provinces leverage the FCR as a mechanism to the Peshawar High Court and the local evident when a 27-member Committee on unable to establish their writ in the tribal of Balochistan, Khyber Pakhtunkhwa, escape punishment (a vote of condence government elections. Even some of the Constitutional Reforms, in 2009, region, powers to prosecute individuals for Punjab, Sindh and the Islamabad Capital from four Maliks can prevent detention), officials argued that touching FATA in deliberated extensively and climaxed with heinous crimes such as murder. In 1947, Territory. and as a tool to eliminate competition, existing circumstances was a dangerous amendments to 101 articles of the federal Pakistan not only adopted the FCR but punish enemies, or clear the playing eld. proposition. This mirrors the political constitution. However, none of these added the clause that would allow for an Interestingly, a ve-member bench It is easy to see how this oppressive and economy dichotomy in the previous applied to Part XII: Miscellaneous – individual's arrest without even specifying headed by a former chief justice of the unjust system can be exploited by those sections. Chapter III: Tribal Areas, especially Article the crime. Since then, the FCR is almost Peshawar High Court (PHC) in a judgment with resources and power, and abhorred 246 - which geographically denes “Tribal universally seen as a system of oppression, on April 7, 2014, advised the federal by youth and the lowest rungs of the socio- More recently, in September 2015, nearly Imtiaz Gul Areas”, “Provincially Administered Tribal outdated, ill-advised, and draconic. Over Parliament to make amendments to economicstrata. three months after the FATA Reforms Areas” and “Federally Administered Tribal time, the regulation has been amended Article247(7)oftheconstitution. Commission's report, sources indicate that The anecdote at the top suggests that the a “step-by-step procedure for merging Executive Director Areas” - and article 247 - which gives the several times, but almost never to the Center for Research and Security President sweeping powers, and excludes benetofthepeopleofFATA. The Article reads that, “neither the military establishment is adamantly and tribal areas into settled districts” is Studies, these areas from any parliamentary Supreme Court nor aHC igh ourt shall historically opposed to changes in the underway. To precipitate this, Bajaur and Author-“Pakistan: Pivot of Hizbu Tahrir's legislation, or legal jurisdiction from the The FCR originally contained 64 sections, exercise any jurisdiction under the status of FATA. They present a formidable Mohmand Agencies from FATA will be Global Caliphate” Supreme Court or any High Court - were most of them ill-intended. Although constitution in relation to a tribal area, blockade against progress on FCR reforms. merged into Provincially Administered simplymissingfromthesuggestedlist. revised in 2011 down to 52 sections, they unless Majlis-e-Shoora (Parliament) by law The Maliks (who could potentially play a Tribal Areas (PATA ) . The estimated time for still contain draconian sections such as 21- otherwiseprovides.” crucial role in improving conditions) in this transition is 8-10 months, and it will Representatives from the Awami National 30, 32, 34 and 40. Sections 21-30, also FATA, and the elite, including the ministers, serve as a stepping stone for other areas to DowntheRabbitHole Party (ANP) and Pakistan People's Party known as the Collective Responsibility In its judgment, the Court observed that the businessmen and other affluent be brought into Pakistan-common. On In December 2006, the then military (PPP) were of the view that the military clause, allows a tribe to be punished for the denial of fundamental rights to the people individuals and entities that enjoy a life of September 9th, the 22nd Constitutional dictator General opposed any discussion on FATA. Jamiat actions of one of their members. Section of FATA has pushed tribal areas to become luxury and privilege without Amendment Bill was presented in the convened a major gathering to discuss Ulema-e-Islam (JUI-F) members remained 34 allows for homes and property of the “the most dangerous spot”. The Court consequence, also oppose reforms in the National Assembly by FATA lawmakers, Pakistan's Federally Administered Tribal vague when asked about the future shape tribesmen to be demolished, if, for stressed that theC onstitution has region. Finally, the FATA Secretariat is a key proposing amendments to Articles Areas (FATA). The attendees included of FATA⁴ . Even though nearly all notables instance, the state wishes to acquire that guaranteed fundamental rights to the stakeholder. The Secretariat under the 246/247 to grant full citizenship rights to officials from the FATA Secretariat_ , agree on the need for reforms in FATA, no land. Section 32 allows for entire people of FATA, yet they “are at the mercy governor, including the seven PA's, and the tribesmen, extend the reach of apex Political Agents (PAs), representatives of one has come up with a substantial settlements to be razed to ground. Section of one person, the Political Agent.” The their respective staffs (essentially a courts to the region, and the merger of the Ministry of States and Frontier Regions solution and thus, laid the entire blame for 40, perhaps the most abused of all, allows Court also observed that under the FCR, smattering of super-empowered FATAintoKP. (SAFRON)` , the Governor of Khyber inaction on FATA's fate at the military's the administration to detain a person, citizens have no right to legal bureaucrats in Islamabad and Peshawar), Pukhtunkhwa, notable elders and doorstep. Military officials divulged that potentially for years, on mere suspicion representation, to present reasoned have a huge monetary stake in the status TheWay Forward politicians from the region, along with the parliamentarians “asked us for our without any substantial evidence.This also evidenceorexercisetherightofappeal. quo. The most powerful and vocal of these Moong Qabail, a series of media programs representatives of the military opinion and we told them that the timing implies that there is no provision for the hail from Khyber and Bajaur Agencies, conducted by CRSS on FATA reforms, establishment. The President's intent was was not right”-the military left it to the will accusedtoappealandprovehisinnocence The area is administered by the Governor Bannu (North Waziristan) and D. I. Khan brought forth a range of suggested to put all FATA stakeholders in one room, of the parliamentarians to do whatever undertheFCR. (as a representative of the president) of (SouthWaziristan). solutions and ideas on how to manage this and determine the future of FATA. For theypleasedwithFATA. Khyber Pakhtunkhwa, under the century-old problem in the tribal areas. nearly three days, ery speeches, The FCR is also credited with the rise of supervision of SAFRON in Islamabad. CurrentProgress The series publically and empirically ambitious plans and reform proposals This attitude from both sides resulted in militancy in FATA which many naively Oddly, the 12 members in the National The push for reforms in FATA is not conrmed the sentiment that the people bounced back and forth between the the literal exclusion of FATA from the believeinfectedtherestofthecountry. Assembly and eight in the Senate from something new. The meeting in 2006 and of FATA hold FCR responsible for the ills political and military elite, whereas the deliberations for the 18th constitutional FATA can vote and legislate on bills in any the constitutional reforms in 2009, are just being suffered, and that it was time it was only common thread by sycophantic amendment⁵ . This, again, highlighted the Professor Ijaz Khan of Peshawar University part of the country, but the constituents two examples. In 2010, the Political Parties repealed, reformed, or abolished bureaucrats and Maliks was unanimous fact that the military alone could not have believes that as a tool to impose rule of law they represent. They have no technical or Joint Committee on FATA Reforms altogether. The status quo simply cannot and unconditional praise for General beenblamedforFATA'sdeprivation. and improve service delivery in the justice political power under article 247 of the proposed 11 reforms for FATA. These were continue. The people in FATA may hold the Musharraffortakingtheinitiative. sector, the FCR only became weaker than it constitution. The real power rests with the chided for being invariably chained to green passport, but the constitution's AMatterofRegulations already was after 9/11. When the Taliban PA. government interests. In August 2011, Article 247 and the FCR deprives them of However, the enthusiasm gave way to In order to understand the political 0ed Afghanistan, many of them settled then President Asif Ali Zardari passed a fundamental human rights and civil caution on the third day, when economy of the region, it is important to down in FATA along with Al-Qaeda and PoliticallyEconomical Presidential Order to amend the FCR. liberties, even though they are afforded to participants warned against tinkering with rst take a look at the history and nature of IMU⁷ ghters owing to a pre-existing John Dalberg-Acton, the English Catholic Although minimal in its scope, it is still citizens in all other parts of the country. the system currently governing FATA. FATA's current status as well as the Frontier security vacuum due to poor governance, historian, writer and politician once said, recognized as the most practical and These Federally“Alienated”Tribal Areas are Despite days of deliberation, the gathering Crimes Regulation⁶ (FCR)–a British lack of development, with no judicial or “Power tends to corrupt, and absolute signicant change in the regulation since denied their right to life, security, justice failed to agree upon possible reforms for Regulation introduced more than a administrative system working for the power corrupts absolutely.” In Pakistan, itsinception. andexpression. FATA. One of the conference attendees, a hundred years ago to tame the then welfare of the people, illiteracy, and anti- nowhere is this more evident than in the PA, while recalling his experience, did not 24 1725 Opinion

The proposed abolition of the FCR or and doing away with FCR altogether, and could probably be the rst steps to comprehensive changes to it in line with merging FATA into the KP province. Both mainstreamingtheseFATAagencies. the fundamental rights presents three these developments present a glimmer of Toturn the tide, a series of mechanisms will options for the status of FATA. FATA could hope for the people, who, according to a need to be deployed to help mitigate the TheProposed 22nd Constitutional be merged into KP, become its own former governor General (retd) Ali powerful political economy that so province, or FATA could run with its own Mohammad Jan Orakzai, “have been vehemently resists any attempt at change. Governor with a Central Council, as well as treated as caged monkeys” and have Given political will at the highest level, the Amendment and Mainstreaming FATA agency and tehsil councils. The 22nd remained subjugated by over a century of deeply entrenched vested interests Constitutional Amendment proposes the bad governance, archaic policies, and mentioned above can be displaced. That rst of these. Failing this, a plethora of dated regulations. But it must be said that can happen only when theP resident issues need to be managed. These include neither recent development is official, nor surrenders his powers under Article 247 to the in0uence of the PA's, the separation of expected soon. Most of the older FATA MPs the parliament, followed by the ruling administration and judiciary, the FATA believe in a gradual shift from the current party actively pursuing change of status of responsibility. There have been several that, 'the Act shall come into force at once'. council, holding local body elections, statustoamacromainstreamingofFATA. FATA. For this, mainstream political parties attempts to streamline governance in As a result, the President and the governor representation of women, development, shall have to blunt the arguments often FATA, such as through the introduction of a of KP will still possess the authority to education and health facilities and the However, the pull of the forces of status peddled by the mighty forces of status quo FATATribunal in 2011 as an appellate body extend laws enacted by the KP assembly to in0uence of the government within the quo is simply stronger than those who i.e. bureaucrats, Maliks, the security over the judicial powers of the Political PATA. History bears witness to the fact that ambitofthejudiciary. favour comprehensive reform, whereby establishment and those who play second Agents (PAs). However, the PAs remained several laws enacted by the KP assembly the law of the land could be extended to ddletotheseforces. the sole decision makers with respect to were never extended to PATA. An example As it stands, two things seem to be FATA and could be thus mainstreamed. the agencies falling under their is the Khyber Pakhtunkhwa Right to happening simultaneously: the ginger rst Merging Orakzai, Khyber and Bajaur into jurisdiction. The FATA tribunal cannot and InformationAct2013_ . step of merging two agencies into PATA, districts Peshawar and Swat respectively should not be an alternate for the judicial courts to ensure protection of human PATA rightsinFATA. The Provincially Administered Tribal Areas Second, the amendment will ensure (PATA) are administrative subdivisions Muhammad Anwar provincial representation for FATA. designated in Article 246(b) of the Merging FATA with KP will ensure seats for Constitution of Pakistan. PATA includes Executive Director FATA representatives in the KP provincial the following tribal areas and territories: Centre for Governance and Public assembly. Pakistan has a federal structure Accountability (CGPA) and keeping FATA directly under the In Khyber-Pakhtunkhwa: administrative control of federation has Ÿ Chitral District never made sense. It will have implications Ÿ Upper Dir District he 22ndCA onstitutional mendment for the National Finance Commission Ÿ Lower Dir District bill was submitted in the national (NFC) award as well. FATA is being funded Ÿ Swat District assembly on September 9, 2015.The T through the federal share in the NFC award Ÿ Buner District bill will have huge implications for the and the funding channel is theM inistry of Ÿ Shangla District governanceofthetribalareasinPakistan. States and Frontier Regions (SAFRON). Ÿ Kohistan District After the inclusion of FATA in KP, there will Ÿ Kala Dhaka District For the rst time inthe history of Pakistan, arise the need for an increase in the share Ÿ Malakand and Tribal Area adjoining a group of 19 FATA parliamentarians have of KP in the NFC award. It will also Mansehra District (Battagram, Allai come together in efforts to mainstream empower the provincial government to and Upper Tanawalormer) and former FATA. According to the 22nd constitutional move summaries to the President through Amb state. bill proposed by this group, FATA should the governor of KP for extending be made a part of the tribal areas in Khyber provinciallawstothesetribalareas. In Balochistan: Pakhtunkhwa and superior courts' © UN-Habitat Pakistan Ÿ Zhob District jurisdiction be extended to FATA. The However, this amendment does not Ÿ Killa Saifullah District latter, proposed by Senator Farhatullah address many lacunas in the prevailing Ÿ District Babar, as mentioned in his interview on governance structure of tribal areas. It Ÿ Sherani District pageno. 43, has already been approved by References: does not empower theP arliament as well Ÿ Loralai District the Senate Standing Committee on Law 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 as the KP and Balochistan provincial Ÿ Barkhan District and Justice^ , though yet to be presented ResearchandSecurityStudies. assemblies to legislate for tribal areas. The Ÿ Kohlu District for voting in the Senate. However, under 2. FATASecretariatistheadministrativearmoftheGovernor,whoasarepresentativeoftheFederationofPakistanlooksafterFATA. President and governors of KP and Ÿ Dera Bugti District article 239 (4), a two-thirds majority in the 3. SAFRONisafederalministryinPakistan,currentlyheadedbyLt.Gen.(R)AbdulQadirBaloch,whichisresponsiblefordealingwithissueofthetribalareas,includingFATA. Balochistan will continue to hold Ÿ Dalbandin Tehsil of Chagai District KP assembly as well as a two-third majority 4. Author'sinterviewswithpoliticiansandarmyrepresentatives. legislativepowerswithrespecttothetribal 5. http://www.na.gov.pk/uploads/documents/report_constitutional_18th_amend_bill2010_020410_.pdf in the Parliament is required for the area. This amendment also does not 6. http://fatareforms.org/2011/08/27/fcr/ passingoftheamendment. address the critical issue of democratic Moreover, it appears that FATA 7. TheIslamicMovementofUzbekistan(IMU)isamilitantIslamistgroupformedin1998,whicheventuallyexpandedintoAfghanistanand0edaftertheUSinvasionfollowing9/11. representation faced by citizens of tribal parliamentarians are hesitant in shifting 8. http://fatareforms.org/2014/08/12/peshawar-high-court-fata-judgment-analysis/ This bill will have two major positive areas. Including FATA in KP without decision making powers from the 9. http://tribune.com.pk/story/704500/venturing-into-tribal-areas-detailed-judgment-outlines-phc-jurisdiction-in-fata/ implications for the region. First, by addressing this issue, will have serious President to the parliament and provincial 10. http://fatareforms.org/2014/08/12/peshawar-high-court-fata-judgment-analysis/ extending courts' jurisdiction, the area implications on the KP provincial assembly assemblies, in order to avoid taxation. FATA 11. http://fata.gov.pk/Global.php?iId=29&d=2&pId=25&mId=13 may be cleansed of the Frontier Crimes 12. http://fatareforms.org/2014/05/22/fcr-role-maliks-fata-system-audio/ to legislate. If FATA is included in KP-PATA and PATA are currently exempted from Regulation (FCR). Article 184 and Article 13. http://www.thenews.com.pk/Todays-News-9-211298-Fata-revive-the-Malik-system (Provincially Administered Tribal Areas), direct taxes. However, if these areas come 199 of theC onstitution empowers the 14. http://tribune.com.pk/story/229954/president-zardari-signs-fata-political-parties-order-2002-extension/ the KP tribal areas will constitute hardly 50 under the direct legislative ambit of the Supreme Court and High Courts to work 15. ForthiscampaignCRSSpartneredwiththeNationalDemocraticInstitute. percent representation in the KP assembly. parliament and provincial assemblies, for the protection of fundamental rights of 16. http://tribune.com.pk/story/949674/streamlining-bajaur-mohmand-to-be-merged-into-pata/ Every law passed by the KP assembly will such exemptions will have to vanish. After the citizens. The FCR continues to violate 17. http://tribune.com.pk/story/954097/proposed-22nd-amendment-fata-mps-upbeat-about-support-of-two-thirds-majority/ then not be applicable to almost half of the the 18thCA onstitutional mendment, taxes several fundamental human rights 18. Author'sinterviewwithGen(retd)OrakzaiatGovernor'sHouseinSeptember2005. province even if the law blatantly states on services and many other taxes were through provisions such as collective 26 27 Opinion devolved to provinces as revenue sources for supporting devolved departments (see 'Harnessing General Sales Tax on Services' by Dr. PervezTahir, Development Advocate Pakistan, Volume 2, Issue 1, p.17). For KP, The promise that is FATA having such large areas without taxation willbehardtosustain.

Finally, the 22ndA mendment bill will also trigger amendments in the following articlesoftheC onstitution: Ÿ Amending article 1, section 2, for exempting FATA from the territories of FATA is returning to normalcy after a The reforms, as envisaged in the Strategy, Pakistan,asitwillbecomeapartofKP; turbulent decade. There is consensus revolve around the rule of law, municipal Ÿ Amending article 55, to include MNAs amongst all stakeholders that this might and administrative functions. The purpose fromFATAintoKP; be the right time to introduce reforms and is to provide a platform for the larger Ÿ Amending article 59, composition of direct the region onto a path of sustained constitutional reforms, as and when they Senatememberswillbereaddressed; growth and improved governance take shape. Similarly, in order to provide Ÿ Amending article 106 for increasing structures. The FATA Sustainable Return focus and sustained convergence, a the number of seats of the KP assembly and Rehabilitation Strategy (R&R) provides limited but important menu is chosen for so representation from FATA can be a broad framework, in line with the implementation in the next two years. A ensured,and; government's policies. This article focuses very important aspect of this Strategy is Ÿ Exempting the name 'FATA' from onthecomponentofreforms. thatithasnotbeenmadeconditionalto Article 155, Section 1 (complaints as to interferencewithwatersupplies). TABLE 2:Fo cus areas of R&R strategy Time will tell if the revised governance Shakeel Qadir Khan structure post the 22nd amendment will bear fruit for the region. But it is an action Secretary intherightdirection. Planning and Development Budget breakdown (US$ million) FATA Secretariat Focus Areas (US$ million)

Total Estimated Total n the past decade or so, the Federally Budget Administrated Tribal Areas (FATA) have Rehabilitating 60 Ÿ Rubble removal – 2 Ibeen 0ashing on news screens across Physical Ÿ Education – 13 the globe for all the wrong reasons. Caught Infrastructure Ÿ Heath – 8 in a gigantic battle between anti-state Ÿ Water–8 elements and the State of Pakistan, this Ÿ Energy – 6 region has been nothing but tumultuous Ÿ Communications – 7 in the recent past. With massive Ÿ Irrigation – 10 Ÿ displacement spanning over half a decade, Housing – 3 Ÿ DRR - 3 the people of FATA have suffered untold miseries.The situation has, however, taken Strengthening 15 Ÿ Rehabilitation of infrastructure – 6 a turn for the better in the past year. The Law and Order Ÿ Training for law enforcement agencies – 1.5 constant exertion against militants has Ÿ Equipment – 3 started paying dividends and there is Ÿ Awareness training in mines and unexploded ordinances – 0.5 nally light at the end of the tunnel. The Ÿ Access to justice - 4 condence of the policy makers regarding successes against anti-state elements, Expanding 8 Ÿ Rehabilitation capacity assessment and governance plan – 0.3 resulted in a phased return, which started Government Ÿ Human resource system – 2.7 in March 2015 and close to 60,000 families Service Delivery Ÿ Equipment – 2 Ÿ have already gone back to their areas of IT system – 0.5 Ÿ Grievances redress – 0.5 origin,asthispaperisbeingwritten. Ÿ Rehabilitation and reconstruction coordination cells – 2

Table 1: EstimatedI DPs return by Reactivating 27 Ÿ Skills training – 6 phase 4 & 5 (31 December 2016) and Ÿ Grants for micro-entrepreneurs and small business – 8 Strengthening Ÿ Business development and employability devices – 3 Duration Agency the Economy Ÿ Agricultural extension centers – 3 Families (months) © UN-Habitat Pakistan Ÿ Livestock extension centers – 3 Ÿ Markets/commerce and trade support services – 2 SouthWaziristan 49,467 3 Ÿ Industry support services - 2 North Waziristan 40,867 5 Strengthening 10 Ÿ Social mobilization – 2 Ÿ Kurram 20,970 3 Social Cohesion Community grants for social cohesion – 6.5 and Peace Ÿ Communication and outreach campaigns – 0.5 Ÿ References: Orakzai 17,384 2 Building Citizen-led peace building initiatives - 1 1. Textofthebillisavailableonhttp://www.senate.gov.pk/uploads/documents/1407838467_584.pdf 2. RecentlyKPassemblyresolvedtoextendsuchlawstoPATA.However,itisnotunderKPassemblyjurisdictiontodoso.Fordetails,pleasesee:http://www.dawn.com/news/1199149 TOTAL 128,688 TOTAL 120

28 29 Opinion the receipt of external support. Therefore, across FATA. The rst batch of seven such For this purpose, allocations have been work has already begun on almost all buildings has been approved and work will made in the Annual Development Plan for aspectsofthereformagenda. start on these once funds are made the creation of a Project Management Unit available. (PMU). The State of Human Rights in FATA: The rst and foremost area for reforms is the justice system. A literature review of Provision of Municipal functions has been FATA is embarking on a road which has the earlier reports on FATA suggests that picked as the second area of reform. It is better things to tell. The interest of A constitutional and judicial case study almost 80 percent of the understood that this entails the international development partners is also recommendations pertain to this infrastructure component, wherein basic encouraging. UNDP has already partnered particular area of governance. FATA is one infrastructure including machinery, will be with the FATA Secretariat for supervising region where the“Social Contract”with the provided to the urban areas of FATA. It is, the implementation of the R&R Strategy. citizen is still different from the one, which however, the legal part which is of interest Similarly, it is also providing for steering is in vogue in the rest of the country, or for for this paper. With the establishment of the reforms in the realm of rule of law. It is protects rights of communities as to their tribal areas.The Constitution vests duties and that matter, globally. Based on age-old the Municipal Committee Khar Bajaur expected that other partners will also join language, script and culture. Through the powers in the Supreme Court and the agreements which individual tribes inked Agency, plans are afoot to establish such hands with us in order to achieve this eighteenth Constitutional amendment bill, respective High Courts, under Article 184 and with various governments, the tribes took committees in Bara, , Darra difficultyet,possiblegoal. three important fundamental rights were 199 respectively, for the protection of many of the functions of the state upon , and Wana in the next phase. also introduced: the right to a fair trial (Article fundamental rights of citizens.Thus, there are themselves. This necessitated certain legal This will be increased to a total of 23 urban 10 A), right to information (Article 19-A) and no remedies available to them to agitate the instruments, which are different from the areas in a phased manner. The basic the right to education (Article 25),made part infringementoftheirrights. regular law and the process associated advantage is, of course, the provision of oftheconstitutionallyguaranteedrights. with it. It is in this context that one hears basic civic amenities to the residents of Second, the tribesmen are deprived from various terms like territorial responsibility, these urban areas. However, there is To ensure further protection of these rights, their right to political participation and Article 4 of the Constitution provides that legislation through the chosen collective responsibility, Nikkat (grand- anotheraspectofequalimportance.Based every individual shall be treated in representatives. Although the Constitution father rights), Jirga, Riwaj etc. It is, however, on a tribal tradition, wherein an area could accordance with the law. To avoid any provides representation to FATA in the felt that a time has arrived where the Social be excluded from the territorial inhibitions or curtailment of these rights National Assembly as well as in the Senate of Contract needs to be revisited, and it responsibility of a particular tribe allowing under the garb of law, Article 8 of the Pakistan, however, such representation should gradually be brought to a thepa olitical dministration to take direct Sangeen Khan Constitution explicitly prohibits the means little in view of the exclusion of the denition which is in-sync with elsewhere. cognizance, these urban areas shall be enactment of any law which takes away or parliament's powers to legislate on FATA. On For this purpose, changes in the judicial designated as “protected territories,” Advocate abridges the fundamental rights and the contrary, the President is empowered to structure, role of Levies and the judicial where a direct cognizance by the state High Court declares that any law which is inconsistent make regulations for peace and good processareimportant. against crimes (against person as well as with the rights guaranteed in the governanceinthearea. property) can be taken. FATA Secretariat Constitution shall be void to the extent of It is in this backdrop that the Governor has started working on a list of laws which undamental human rights are inherent suchinconsistency. As a corollary to the above, FATA is also Khyber Pakhtunkhwa recently announced could be extended to these areas in one to human beings and are thus regarded deprived from various tiers of governance the establishment of the Office of go, thus starting the process of Fas inalienable. As citizens of Pakistan, Equality and non-discrimination are the and representative rule as available to the Additional Political Agent Judicial. The mainstreamingFATAgradually. the people of FATA are entitled to similar cross-cutting principles at the heart of all citizens of other federating units, that is, the purpose is to separate the administrative rights. Pakistan, as a UN member state having international human rights regimes, and so of federal government, the provincial ratied the Universal Declaration of Human and judicial roles of the Political Agent (PA). The last area of focus shall be the the fundamental rights as enunciated in the governmentandthelocalgovernment. Rights (UDHR), and being a signatory to the In order to support this office, a administrative reforms. In order to Constitution of Pakistan. People inhibiting International Covenant on Civil and Political FATA are entitled to equal enjoyment and On the sub-constitutional level, FATA is prosecution service will be introduced at improve the quality of construction, the Rights (ICCPR), International Covenant on protection of their rights and cannot be governed through the archaic FCR enacted all levels of courts in FATA, as well as at the FATA Secretariat has already completed Social, Economic and Cultural Rights (ICSECR) curtailed or infringed on any pretext during the colonial era. The regulation appellate courts.While the budgets as well the pre-qualication of consultants who and Convention Against Torture and other whatsoever. Furthermore, since FATA is an provides a mechanism for the administration as positions for a prosecution service are shall be engaged for design and cruel, inhuman and degrading treatment integral part of Pakistan with its inhabitants of justice and the general executive already approved, the federal government construction supervision of the (CAT), is under an international obligation to enjoying equal status of citizenship under administration, vesting both these powers in has been approached for the creation of infrastructure projects. Similarly, an in- fully respect and protect fundamental rights Pakistani citizenship laws, there exists no the executive officer designated as the the Office of Additional Political Agent house renationalization exercise has ofallitscitizens. legal or moral justication for any PoliticalAgent(PA). Judicial,alongwiththerequisitebudget. started to gradually close all those facilities discrimination in the entitlement and which were constructed in violation of the Of more authoritative signicance is the protection of their fundamental rights by the On the judicial side, the FCR is a procedural as In order to support the reformed judicial approved criteria or where the quantum Constitution of Pakistan that gives explicit state. Superior judiciary of Pakistan has, in its well as a substantive law in as much as it structure, there is also a need to and extent of services delivery is below an recognition and takes responsibility for the various judicial pronouncements, invariably creates certain offences. Frequently dubbed restructure Levies and Khassadars; the two approved threshold. Likewise, a well- protection of certain fundamental rights. upheldthisprincipletimeandagain. as the “black law”, “un-Islamic”, and civilian law-enforcing arms of the equipped FATA Analysis and StrategyTeam Chapter one of the Constitution guarantees “unconstitutional” by academic and judicial government. As per government policy, (FAST) has been put in place to get a better the security of person, safeguards against Yet, the sad fact is that they remain deprived authorities, the late Justice Cornelius Levies shall be strengthened into a vibrant analysis of the law and order situation in arrest and detention, protection against of their rights owing to the exclusion of FATA declared it, “obnoxious to all recognized forced labour, slavery etc., and protection policing force that is able to ensure law the region.The actual game changer in this from the constitutional order of the state modern principles governing the against retrospective punishment, double enforcement and houses expertise in realm is the decision to proceed with the which is based on the cherished principle of dispensationofjustice.” punishment or self-incrimination. It further the trichotomy of powers between the several skill areas including investigation settlement of land and development of guarantees the dignity of man, freedom of Executive,LegislatureandtheJudiciary. In contravention to the constitutional and forensics. For this purpose, a the 'Record of Rights' in FATA. It is fully movement, assembly and association, right command that requires an independent supervisory structure is being introduced acknowledged now, that determination of to indulge in business or trade, to exercise Article 247 of the Constitution excludes FATA judiciary, free from any executive in0uence for providing it better leadership. Similarly, individual ownership is a key to long-term freedom of speech, religion, and right to from the constitutional order and vests all and interference, the PA– an executive officer a plan to train Levy personnel in economic development and that this is the acquire and hold property. It also provides for constitutional powers in the federal of the federal government, performs judicial investigation, forensics, report writing, ripe time to start the process. For this safeguards against taxation on religious executiveorganofthestate(SeeTable1). functions and adjudicates upon disputes of traffic management, information purpose, all the command areas of those grounds, safeguards against discrimination civil and criminal nature under the FCR.To the technology, human resources and other dams, which were completed or are in the in services and non-discrimination in respect Consequences of such exclusion go to the exclusion of any other court, the PA, after such skills, was planned to roll out in process of completion, shall be chosen in of access to public places; guarantees citizens heart of the tragedy in FATA which has taking cognizance of civil (Section 8) and October. Purpose built buildings, which the rst phase. At the same time, some of the right to education and enunciates the denuded its inhabitants from all the rights criminal disputes (Section 11) makes a could serve as police stations, will also be the urban areas, which were alluded to principle of the equality of the citizens as a that they otherwise possess. First, and of reference to his handpicked Jirga or council constructed at 57 different locations earlier, will also be picked for the purpose. fundamental right. Besides these individual more paramount concern, is the bar against of elders for monitoring and evaluation. This rights, the constitution also recognizes and the jurisdiction of higher judiciary in the reference to the council of elders is in the 30 31 Table 1: EXCLUSION OF FATA FROM THE CONSTITUTIONAL ORDER or offence in the nature of fatal wounds to any families, clans and in some cases, even tribes, against arrest and detention of children, person is committed, the entire tribe is to execute such bonds (Section 41); failure of women and aged citizens, meant little for the Article 247 Consequences deemed to have committed an offence under doing so may result imprisonment of up to people in FATA. Benets of these reforms, if section 22 and the burden of proof stands two years (Section 44). Article 10 of the any, were swiftly reversed through the Sub-article 1 Direct executive control and management of the Inhabitants of the area deprived from multiple tiers of governance and shifted to the tribe to prove that they did not Constitution authorizes preventive introduction of another law: the Action In Aid area by the federal government. entitlement to resources allocation under the constitution. possess the opportunity to prevent the detention of persons in extremely limited of Civil Power Regulations, which authorized commission of offence or the arresting of cases involving serious issues of integrity, punishments and executions of persons and Sub-article 3 No law enacted by Parliament can be applied to Circumventing powers of parliament to make any law for FATA and thus offenders, and to further substantiate that security or defense of Pakistan or any part of even children accused of terrorism related FATA unless directed by the President with such violating the right of people to be ruled through their chosen they used all reasonable means to bring the the country or the external affairs, public offences. Similarly, there are no proper laws amendments and modications as the president representatives. perpetratortojustice. order or maintenance of supplies or services, available to women and children regulating may deem t. for a limited period of three months which matrimonial issues like dissolution of These provisions bluntly violate the can only be extended for the same periods by marriages, or custody of children, which Sub-article 5 President is empowered to make regulations for Unlike other areas of Pakistan which are governed through 'rule of law' principles of individual criminal the appropriate review boards appointed by results in frequent human rights violations. In peace and good governance. based representative institutions exposed to judicial and parliamentary scrutiny, FATA is governed through an unaccountable system. responsibility, creates guilt by association, the Supreme Court and the respective High the absence of proper legal regimes and authorizes disproportionate punishments, Courts, and are subject to judicial review by judicial hierarchy coupled with the general violates the tribesmens' right to be treated in the Judiciary. These constitutional preference of adherence to local customs Sub-article 6 President has the exclusive powers to decide To ascertain public views on a matter of public importance, the accordance with the law (Article 4), offends safeguards are, however, not available to the under the FCR regime, females suffer the whether any area making part of and ruled Constitution of Pakistan provides for conducting a referendum under the right of 'security of person' (article), right people in FATA. Such unbridled powers in the worst violations by falling prey to abhorable through the administrative system under the FCR Article 48(6). Article 247(6) denies this mechanism to tribal people. Unlike will remain as it is or status of the tribal territory FATA, any change in the territorial limits of the federating units requires an of safeguard against arrest and detention, in hands of the PAs with no appropriate judicial customs(SeeTable2). be changed. President is only required to convene amendment in the constitution and such an amendment cannot be particular the right to be represented by a oversight results into widespread violations a Jirga for ascertaining the views of the people for introduced unless the provincial assembly of the province affected by such legal counsel (Article 10), the right of and abuses of fundamental rights in FATA. In The state of Pakistan has an international the purpose. There are no rules or mechanism an alteration passes a resolution with two-thirds majority in support of the inviolability of the dignity of man (Article 14), addition, PAs are vested with powers to obligation and constitutional duty to protect available that may ensure the representative alteration. the right to freedom of movement (Article 15) prohibit erection of buildings, direct removal the fundamental rights of the FATA people. status of such Jirga. and the right to equal treatment sans of villages, order attachment and disposal of The administrative and judicial system under discrimination(Article25). buildings (Section 31, 32), all raising the FCR is beyond reformation. Respect and Sub-article 7 Neither the Supreme Court nor High Court shall Under the Constitution, fundamental rights can only be enforced through complicated questions of the civil rights of protection of fundamental rights for the FATA exercise any jurisdiction in relation to the tribal invoking the jurisdiction of the Supreme Court and High Courts. Exclusion PAs, apprehending a breach of peace or communities with no impartial and people can only be secured by bringing the areas. of the jurisdiction of the Supreme Court and a High Court essentially commission of a wrongful act by a person, independent avenue of redress available to area at par with the rest of country and deprives the tribal people from all their fundamental rights guaranteed by can require him/her to execute a bond for them. including it in the constitutional order of the the constitution. good behavior for a period of two years country. (Section 40). Such power, however, goes After amendments in the FCR in 2011 of natureoftrial. otherwisecontrarytothegoodconscienceor charge. This bluntly militates against the beyond individuals and the PA can require introducing the right of bail and prohibition morality. Powers of the FATA Tribunal at the fundamental right to a fair trial as enunciated Proceedings in the Jirga or the council of revisional stage are at best equivalent to, if inArticle10-AoftheConstitution. elders are not regulated by any law and bear notrestrictedthan,theappellateauthorities. Table 2: ADMINITRATIVE AND JUDICIAL SYSTEM UNDER THE FCR VIOLATING FUNDAMENTAL RIGHTS OF TRIBAL PEOPLE no concept of the standard of proof required Frequent violations of human rights for reaching a just conclusion. In order to Thus, the venues of appeal and revision are emanates from the administrative regime Article 247 Consequences reach a conclusion, the only requirement for meaningless as the process for trial through under the FCR which is premised on the the council of elders, in a civil case is“ndings the Jirga council is absolutely relieved from principle of minimum state intervention in Preamble/enact Frontier crimes regulation, 1901 is an Violation of the right to be ruled through chosen representative, which is in accordance with “Rewaj,” while for a all rules of law, legal technicalities and legal the area, that is, the total or near total lack of a ment of FCR order/regulation passed by the Executive and is inherent to the constitution. criminal case, the council of elders forma. In the absence of formal rules and governance system. The resultant void is not a law passed by legislature or any other determines the "nding of guilt or procedures regulating the conduct of trial lled through shifting the burden of state to democratically elected forum. innocence" after "holding necessary inquiry coupled with the bar on the appellate and the clans and tribes of the respective areas. In and hearing the parties and witnesses". The review jurisdiction to vary or set aside the absence of a police force and other Section 4-5 Vests the executive, law enforcement and judicial The judicial system provided by the FCR is against the command of the council of elders then transmits its report to nding of facts accepted at the trial stage, paraphernalia required to deal with matters powers in the executive officer of the government, constitution which provides for a thoroughly independent judiciary the PA. Findings of the Jirga are, however, not there is no yardstick to ascertain material like crime control and maintenance of peace, the assistant political agent and political agent. (Article 2-A), Article 175 which stipulated a period of 14 years for binding on the PA who can remand the case irregularity, defect in the proceedings and FCR obligates the tribes to perform duties There is no accountability or democratic oversight progressive separation of judiciary from the executive, and Article 203 back to the council of elders for further miscarriage of justice for the appellate and and functions of the government. This system in place to check the exercise of powers by which vests powers of the superintendence of the subordinate courts in these officials. the respective high courts excluding any role for the executive in the inquiries and ndings, in case of reviewjurisdictions. system is based on a mix of subsidies and a judicial hierarchy. dissatisfaction. In the absence of formal rules non-representative patronage system of of adjudication by the council of elders Besides the lack of appropriate procedural Maliks appointed by the PA, working as Section 8-11 Provides for the resolution of civil and political This system of the administration of justice is against the command of the coupled with the arbitrary powers of the PA mechanism for the administration of justice, intermediaries between the state and disputes by the council of elders (jirga) appointed Constitution which provides for a thoroughly independent judicial forum to maneuver the process of adjudication the trial as well as the appellate forum fails to society. by the political agents. for resolution of disputes and determination of the rights of people, and according to his own whims, creates enough pass the constitutional muster. PAs and violates the fundamental right of the tribal people to a fair trial as space for unfair capricious decisions in assistant PAs are employees of the federal Law and order, maintenance of peace and envisaged under article 10-A of the constitution. mattersinvolvingrightsandlives. government exercising executive authority crime control is managed through the of the government for administration of the collective responsibility of the tribesmen. In Section 21-22 Provides for collective responsibility of the clans System of collective responsibility of the tribes violates the right to be In the rst ever substantive reforms process, area, law enforcement and maintenance of case a person is accused of acting in an and tribes. treated in accordance with the law (Article 4), offends the right of security the right of appeal and review were peace with concomitant judicial functions. unfriendly, hostile or subversive manner to of person (article), right of safeguard against arrest and detention, in introduced in the FCR (Section 50 and 55-A) The court of commissioner is also an the state or to any other person within the particular the right to be represented by a legal counsel (Article 10), the right of inviolability of the dignity of man (Article 14), the right to freedom but these amendments fell short of executive office performing judicial settled area, the PA enjoys arbitrary powers of movement (Article 15) and the right to equal treatment sans introducing accepted norms and standards functions at the appellate level. The three under section 21 of the FCR to arrest and discrimination (Article 25). for the safe administration of justice. The membered FATATribunal headed by a retired detain members of the tribe to which the appellate authority, in its criminal appellate civil servant of BPS-21 also fails to meet the accused person belongs, and can arrest the Section 40, 41 Provides for requiring security from individuals, Curtails the constitutional safeguards against arrest and detention as jurisdiction, is specically barred to set aside standards and requirements of a judicial entire sub-section or even other sections of and 44 families and even clans and tribes, for the guaranteed in Article 10 of the Constitution. the ndings on any question of fact by a forum as has been recently held by the the tribe. He yields the authority to order maintenance of peace and good behaviour, failure council of elders. Similarly, in its civil PeshawarHighCourt. attachment of their properties and can even to execute security/bond entails punishment of jurisdiction, the appellate authority cannot debartheirentryintosettledareas. up to two years. varyorsetasideanydecisionordecreeunless Given this, the inhabitants of FATA are it is of opinion that there has been a material deprived of appropriate legal forums for Section 23 empowers the PA to impose nes Section 48 and Provides for the appellate and revisional forums. The judicial system dening the judicial mechanism for appeal and irregularity in the proceedings or they have determination of their civil rights and on communities in case a criminal offence is 55 revision against the orders of the rst instance court is also against the been so conducted in a manner as to obligations and have no venue for their right committed within the territory of the tribe. In command of the constitution which provides for a thoroughly independent judicial forum (Article 2-A), Article 175 and Article 203. occasion a miscarriage of justice or is to free and fair trial whilst facing a criminal the event where murder, culpable homicide 32 33 Human stories from FATA

Human stories from FATA

© Rahat Shinwari © Rahat Shinwari

© Rahat Shinwari

Where there's a will, © Rahat Shinwari there's a way Education is the dream of many but a limitation for most, with several parts of the world still Light in the dark .ghting to acquire this basic right, as depicted in Sara Yaqoob's story A massive gap between destruction and development is badly impacting girls education in Sara Yaqoob, a 19 year old talented Christian girl who topped the Government Girls Higher Secondary School Fsc FATA examinations this year, but could not continue higher education due to poverty and the unavailability of a degree awarding college for girls in the region. From 2008 to 2015, militants have destroyed 82 Government schools in Khyber Agency, majoritybeinggirls'schools.However,Sara'spassionforeducationwassoimmensethatshefoughtforthisright. Withalittle “There are no rooms and the veranda is completely destroyed but this did not stop us from acquiring education. We have help from social media and a local scribe, Sara tweeted her case and her inability to pursue higher education owing to a been attending classes regularly, although when natural conditions do not allow, we have no choice but to skip classes that paucityofnancialresources. day,”asserts Sidra, a nine year old who is a student of grade two. Despite unsafe circumstances, she attends school daily for thesakeofacquiringknowledge,alongwithherotherclassmates. Within a short while, Sara received immense support and was awarded a scholarship for pursuing higher education by the Governor of Khyber Pakhtunkhwa. She also received nancial assistance from several other individuals and organizations Militants destroyed the government girl's primary school at Hukam Khan Kalay village in Khyber Agency four years ago. and is well on her way to achieving her dreams. However, she remains concerned about the fate of other girls in the region, There were up to 200 local tribal girls enrolled at this school, who are now relocated to broken walls, uneven 0oors and no who face limited resources and no incentives to acquire education. She hopes that one day, the region will be home to furniture. Their desire for education compels them to nd the best in the worst. Girls and teachers at the school say that several girls' education institutes, fully equipped with female teachers, and funds allocated for the purpose will rightfully be several promises have been made by authorities for infrastructure and trainings. They look forward to the time when these employed. She feels overjoyed to be a model for many girls in the region and urges families to be more encouraging of girls' promises will take shape and the region will provide free and accessible education under safe circumstances. They also education. believethatanendtocorruptivepracticeswillimmenselyimprovetheconditionofeducationintheregion.

Disclaimer:ThestoryhasbeenconductedandreportedbyMr.RahatShinwari,asperconversationwiththeaffected. Disclaimer:ThestoryhasbeenconductedandreportedbyMr.RahatShinwari,asperconversationwiththeaffected. Interview Interview

say that again say that again

“...a 'Haqooq-e-FATA' package should be implemented, built along the guidelines “...militancy should be immediately of the Aghaz-e-Haqooq-e-Balochistan' eradicated, this is the very preliminary package.” step in reforming the area.”

Ajmal Khan Wazir Asad Afridi Convener and spokesperson, Political Parties Joint Committee on FATA Reforms Senior member, Political Parties Joint Committee on FATA reforms Central Senior Vice President, PML (Q) Provincial Political Training Secretary, FATA Zone Chairman FATA is a not a name but an English acronym. Do you think it health, infrastructure and employment, and be implemented by reflects the true identity of the region and the people who live the government. Unfortunately, if you look around, the work that FATA is a not a name but an English acronym. Do you think it What are your key proposals (related to social and economic there? Do you have a proposal for an alternate name for the the army is doing for the region is quite visible (such as Cadet re0ects the true identity of the region and the people who live development, legal, constitutional, political etc.) to bring in area? College, construction of roads etc.) whereas, the government there? Do you have a proposal for an alternate name for the sustainabledevelopmentinFATA? appears to be asleep when it comes to FATA.This package will give area? FATA is not really a name, according to me.While the name should the government the opportunity to build trust with the people of Militancy should be immediately eradicated, this is the very be changed, it is pertinent to note that the question is not really FATA. The name FATA does not do justice to the region or to the people preliminary step in reforming the area. FATA should be made into about the name, but about the constitutional status of FATA. This abiding there. The Joint Political Parties Committee on FATA PATA and eventually, merging FATA into Khyber Pakhtunkhwa is status needs to be amended and revised in order to allow for any Moreover, the governance and constitutional structure should be reforms would denitely like to propose a new name for the thelongterm,plausiblesolution. changesintheregion. revised, especially amendment in clauses three and seven of Article247. region. Previously, the region has also been termed as 'Qabaili (tribal) Pakhtunkhwa.' In relation to this, the best solution lies in Do you think it is justified to keep a “special status” of FATA making FATA a part of Khyber Pakhtunkhwa, which will different than from the rest of the country even after 68 years The international community should also become more involved automaticallyresolvetheissueofasuitablename. ofindependence?Why? in creating opportunities for skill training for the youth of FATA. Moreover, the international community and other donors should Do you think it is justi.ed to keep a “special status” of FATA The 'special status' allotted to FATA needs to change. Again, only come together to create a fund of financial resources for youth different than from the rest of the country even after 68 years when the constitutional setup is modified, can the region witness education in the region. This will also help diminish the pest of ofindependence?Why? any change. There are several opinions out there regarding how militancy plaguing the region, as every family bears several FATA can be modified in order to ensure it is treated just as the children and owing to the inability to educate each one of them, This 'special status' was attributed to the region by the English remainder of the country is. These include merging it with Khyber many youth move into militant training as the only option for Colonials, who had ulterior interests. Now, this status holds no Pakhtunkhwa or making it an independent province or employment. justication whatsoever. When Article 1 of the 1973 Constitution introducing a governing body built on the model of Gilgit clearly states FATAis a part of Pakistan, then why should it be given Baltistan. However, what no one realizes is the 'how' aspect of such Finally, the people of the FATA should be completely involved in distinct treatment?With the demand of the FATAParliamentarians major structural changes. For instance, the Khyber Pakhtunkhwa the decision making process through some sort of a referendum to convert the region into Provincially Administered Tribal Areas government is already unable to take proper care of its current via the local Qaumi (tribal) Jirgas. They are the ones most affected (PATA), the issue of a 'special status' would automatically be districts. How will it manage additional administration and andhenceshouldbeallowedfullfreedomtodecide. resolved. This 'special status' is just in the interest of the civil functioning of a whole new region with so many districts? Such bureaucracy, bearing no benet for the locals. It needs to be questions need to be properly planned out first before any eliminated. reformationtakesplace. FATA is the most under developed region of the country. In FATA is the most under developed region of the country. In your opinion, what are the key factors for under development your opinion, what are the key factors for under development inFATA? inFATA? Poor governance, to begin with. Ineffective implementation of Flourishing militant activities in the region and corruptive laws. Lack of implementation of laws. Corruptive money practices of money pocketing by bureaucracy and officials are the pocketing practices by the bureaucracy, Maliks and militants, all major reasons to blame for under development in FATA. Currently, resulting in a usurping of economic resources for development. all power is concentrated in the hands of three people-the PA, the The solution lies in ensuring that laws that the rest of the country governorandthePresident.Thereisnocheckandbalanceandasa enjoys are also fully implemented in FATA, for example, the NAB result there can be no accountability of resources allocated for ordinance should be extended and enacted to FATA as a means to developmentprojectsintheregion. endcorruptivepractices. What are your key proposals (related to social and economic The region also has a separate secretariat! What could be more development, legal, constitutional, political etc.) to bring in telling that this reality? Each province is meant to have a sustainabledevelopmentinFATA? secretariat, not each region! This utter confusion in governance mechanisms needs to end. How can a region develop until and A 'Haqooq-e-FATA' package should be implemented, built along unless the authority governing a region is itself confused? Or in the guidelines of the Aghaz-e-Haqooq-e-Balochistan' package. FATA'scase,doesnotreallyexist! This package should focus on four priority areas: education,

36 37 Interview Interview

say that again

“...a referendum from the people of FATA should be the defining mechanism that fuels this decision.”

Ayaz Wazir Brig. (Retd.) Mahmood Shah Farid Khan Wazir Former Ambassador of Pakistan Former Secretary Security FATA, Ex-Federal Secretary Ministry of Human Security and Defense analyst Rights Peshawar, Ex-Chief Secretary Northern Areas FATA is a not a name but an English acronym. Do you think it which was the economic recovery plan implemented in Europe in 1948, is a good model to learn from. Again, FATA locals are re0ects the true identity of the region and the people who live FATA is a not a name but an English acronym. Do you think it FATA is not a name but an English acronym. Do you think it essential components who need to be incorporated in the design there? Do you have a proposal for an alternate name for the re0ects the true identity of the region and the people who live re0ects the true identity of the region and the people who live oftherecoveryforittobesuccessfulandsustainable. area? there? Do you have a proposal for an alternate name for the there? Do you have a proposal for an alternative name? area? More importantly, the IDPs should have a sense of belonging: they Owing to its past association with the region, the word FATA is the The name certainly does not re0ect the true identity of the area or should be deemed citizens of Pakistan and all rights should be identity 0ag for that area. The name bears personal sentiment of This area is being governed under a special law. Unless the system the people.This area has been inhabited for thousands of years by applicable to them. As for the possibilities of FATA being merged the people who call the region their home. However, this name of governance is changed over time, and this law is altered, tribesmen numbering more than millions now. Instead, the area with Khyber Pakhtunkhwa or made a separate province, a should be amended as it does not carry the true 0avor of the alteringthenameholdsnosignicance. shouldbecalled'Qabailistan'. region or its people. This alteration should only be done with the referendum from the people of FATA should be the dening consent of the regions' inhabitants and the new name should mechanism that fuels this decision. FATA's fate, in the long term, Do you think it is justi.ed to keep a “special status” of FATA Do you think it is justi.ed to keep a “special status “of FATA re0ect their collective identity and the cultures of the land. When shouldbelongtoFATA'speople,andnooneelse. different than from the rest of the country even after 68 years different from the rest of the country even after 68 years of all individual agencies in FATA (such as Mohmand, Orakzai etc) ofindependence?Why? independence? bear names that are a re0ection of their culture and people, then whyshouldFATAbeanexception? First and foremost, the region does not encompass a strong This special status was granted by Quaid-E-Azam Mohammad Ali governance and administrative system. It is this fault that needs to Jinnah and cannot be evoked without permission from the people Do you think it is justi.ed to keep a “special status” of FATA be corrected whilst involving relevant stakeholders in the process. ofFATA. different than from the rest of the country even after 68 years It is after this, that the status of FATA should be corrected, which ofindependence?Why? accordingtome,isunjustatthemoment. FATA is the most underdeveloped region of the country. In your opinion, what are the key factors for under development The status of FATA should have been identied immediately after FATA is the most under developed region of the country. In inFATA? independence. With the continuation of the draconian Frontier your opinion, what are the key factors for under development Crimes Regulation (FCR) law since several years now, the people inFATA? Unfortunately, FATA has been neglected by all previous have become accustomed to an unfair style of life. FATA is governments and deliberately kept underdeveloped. Though the 'administered' by individuals who are not locals and are not I think historical neglect is to blame. Funding, which is key factors are low literacy rate (which is a general problem in familiar with the design of the region. The FCR needs to be mismanaged in addition to being corrupted, is not invested for Pakistan), other reasons include unclear policies by the Federal amended gradually and in the process, governance should be purposes for which it is intended.Till such a system of governance Governmentleadingtoutterneglectinservicedeliverysectors. reformed such that FATA locals should emerge as the primary remains where there is no accountability and transparency, the stakeholdersinpolicymakingfortheregion. region will always be dwarfed with development. Development What are your key proposals (related to social and economic must be a sustained effort. The disease must be excised, not the development, legal, constitutional, political etc) to bring in FATA is the most under developed region of the country. In symptoms. The true understanding of this area still goes beyond sustainabledevelopmentinFATA? your opinion, what are the key factors for under development the understanding of the Federal Government.They do lip service, inFATA? they play with words, and end up playing with the lives of the FATA has always been painted as a dark monster, lawless territory peopleinFATA. andano-mansland.Ithasdeliberatelybeencutofffromtherestof The political process lacks representation from the locals in FATA. Pakistan. Outside powers are to blame for the unrest and the war They have no say whatsoever in the systems that govern the What are your key proposals (related to social and economic on terrorism that the region is victim to. This area was a staging regionandareatthemercyofthealienadministrators,forwhomit development, legal, constitutional, political etc.) to bring in groundforRussiaandnowotherforeignpowers. is all a game of money. If the region needs to evolve and develop at sustainabledevelopmentinFATA? all, the locals need to be incorporated in the systems and their In the long-term, a 20 year Socio-Economic Development plan voicesmustbeheardandacknowledged. For the region to truly progress for the better, the vison needs to should be made which includes funds for education, health, be long term. The system of administration requires a crucial infrastructure, rural development and mineral exploration. These What are your key proposals (related to social and economic uplift: during my tenure, a series of changes were proposed and factors, when looked into, will eventually result in lower development, legal, constitutional, political etc.) to bring in implemented over ve years.The area must be brought at par with unemployment rates. The Frontier Crimes Regulation (FCR), sustainabledevelopmentinFATA? the rest of the country and the people of FATA should be made although an effective justice mechanism, needs to be amended as stakeholdersinthesystemofadministration. well, as it has been abused several times.The people of the region Short, medium and long term goals should all focus on resettling need to be empowered and FATA should be made a separate and rehabilitating the Internally Displaced Persons (IDPs). Theyare province, governed by an authority hailing from FATA who permanently displaced, not temporarily displaced. Sufficient understandsthelandanditsissues. resources should be provided to focus on building infrastructure and normalizing lifestyles for these people. Europe's Marshal Plan,

38 39 Interview Interview

say that again say that again

“...articles 246 and 247 should be repealed “...jirga should be empowered as the and the superior judiciary's jurisdiction governing mechanism for the region until should be extended to FATA to bring FATA a census takes place and fresh elections into the national mainstream.” are held.”

Bushra Gohar Ejaz Ahmad Qureshi Senior Vice, President Awami National Party Chairman, FATA Reforms Commission Member of the Standing Committees on Finance and Revenue and Interior and the Working Council of the Former Chief Secretary, Khyber Pakhtunkhwa Women Parliamentary Caucus FATA is a not a name but English acronym. Do you think it monitor the border with Afghanistan as border encroachment is a major issue. Education infrastructure is also the need of the hour. FATA is a not a name but English acronym. Do you think it region. Locals have to travel all the way to Khyber Pakhtunkhwa re0ects the true identity of the region and the people who live Ten billion rupees is the immediate approximate amount that is re0ects the true identity of the region and the people who live for services that should be rightfully provided freely and in there? Do you have a proposal for an alternate name for the required for all such changes, followed by another 15-20 billion there? Do you have a proposal for an alternate name for the abundance by the state. There has been no accountability for the area? eventually. In addition, a rehabilitation package for the Internally area? large number of lurking local and foreign terrorists who have operated from FATA for over a decade. There has been no Deciding a name for the region should only be by the people of DisplacedPersons(IDPs)alsoneedstobeintroduced. FATA means Federally 'Alienatedand Abandoned' Tribal Areas. It is accountability of the billions received under the garb of the region. The only caution to be observed is that the name an integral part of Khyber Pakhtunkhwa and should be merged in development. People of FATA are essentially victims of Pakistan's should not be 'divisive'. The country is already divided on the provinceandfullymainstreamed . self-destructivepoliciesandstrategicregionalinterests . numerous fronts and the last thing we need is another feather in thatcap. Do you think it is justi.ed to keep a “special status” of FATA What are your key proposals (related to social and economic different than from the rest of the country even after 68 years development, legal, constitutional, political etc.) to bring in Do you think it is justi.ed to keep a “special status” of FATA ofindependence?Why? sustainabledevelopmentinFATA? different than from the rest of the country even after 68 years ofindependence?Why? What 'special status'? How can denying our citizens' fundamental For short term, the status of FATA agencies should be changed to rights and using them as cannon fodder for so called strategic Provincially Administered Tribal Areas (PATA) and given due Tribal areas harbour diverse sentiments as far as their status is interests be justied? The people of FATA live under the inhuman representationintheKhyberPakhtunkhwaProvincialAssembly. concerned.The status of FATA should be declared by means of the British Law, the Frontier Crimes Regulation (FCR), even after 68 governing mechanism of the Jirga. This Jirga should be a years of independence.T here is no justication for this! In fact, it is As per long-term goals, the FCR should be abolished and the combination of political representatives and tribal condemnable.The state's self-destructive strategic depth policies constitution extended to FATA. Local Government Law for FATA representatives. The Jirga should hold dialogue with locals and have destroyed several generations. FATA is viewed by Rawalpindi should be enacted and elections held as in the rest of the country. various groups, develop a consensus and subsequently, a and Islamabad as merely a strategic space and its people as Dignied return, reconstruction and rehabilitation of the legislationbepassedbasedonthis. cannon fodder to be used for strategic interests. The political and Internally Displaced Families should be a top priority. Business tribal elite, military and civil bureaucracy have made billions by and homes destroyed in military operations should be FATA is the most under developed region of the country. In keeping FATA backward. It is no wonder that those with huge reconstructed.Articles 246 and 247 should be repealed and the your opinion, what are the key factors for under development vested interests living outside FATA never tire of praising the FCR superior judiciary's jurisdiction should be extended to FATA to inFATA? and in fact, claim that FATA locals desire to live under the inhuman bringFATAintothenationalmainstream. FCR and tribal system by choice. If they believe the system is so FATA has been long neglected in terms of development. It does good, they should extend it to the entire country. The British used not have any solid standing in terms of being an agro economy or FATA as a buffer zone and for strategic interests. Unfortunately, an industrial economy. The region houses several minerals that Pakistan has continued in the same tracks by assigning FATA the once tapped, can boost the economy and pave way for mereexistenceofacolonyofIslamabad/Rawalpindi. development in FATA. Moreover, cross border incomes need to be made transparent and utilized for development initiatives in the FATA is the most under developed region of the country. In region. Furthermore, the Federal Government should allocate your opinion, what are the key factors for under development development funds for the region, even if the region is eventually inFATA? mergedwithKhyberPakhtunkhwa.

The Constitution does not extend to FATA. It is strange that FATA's What are your key proposals (related to social and economic elected representatives in the parliament can legislate for the development, legal, constitutional, political etc) to bring in entire country except for the people they represent. Justice and sustainabledevelopmentinFATA? fundamental human rights remain a remote dream for the locals, even in this day and age. Terrorism and terrorists are allowed to For the short term, the local government system should oversee cultivate in FATA. Its social, political and economic fabric has been all development projects and Jirga should be empowered as the destroyed. Over 200 local leaders were targeted and killed to governing mechanism for the region until a census takes place create a vacuum lled by the terrorists. Lives and livelihoods of the andfreshelectionsareheld. people have been destroyed and thousands of families displaced. Basic amenities are missing: hundreds of schools have been In the long run, agency administration should be empowered: bombed, there is not a single university or a large hospital in the they should have a trained levy with the best police, traffic control and intelligence forces. The army and Frontier Corps should

40 41 Interview Interview

say that again say that again

“...there is no system of accountability in the region. Officials and Political Agents “...the service delivery of justice, grievance are corrupt and bribe is a common addressing and constitutional rights must occurrence.” be protected.”

Shah Jee Gul Afridi Farhatullah Babar Parliamentary Head of lawmakers from FATA in the National Assembly Senator and Former Head, FATA Reforms Commission

FATA is a not a name but an English acronym. Do you think it further deterioration post 9/11 when it was declared the 'war FATA is a not a name but English acronym. Do you think it What are your key proposals (related to social and economic re0ects the true identity of the region and the people who live capital'. This wave of war and terrorism left a dent in all service re0ects the true identity of the region and the people who live development, legal, constitutional, political etc) to bring in there? Do you have a proposal for an alternate name for the delivery systems in FATA and also impacted upon governance. there? Do you have a proposal for an alternate name for the sustainabledevelopmentinFATA? area? Tribal elders could no longer hold Jirgas. This left a huge gap area? betweentheoldandnewgenerationandfueledalackoftrust. Article 247 of the Constitution must be abolished, so as to allow The name FATA is not true to the region. Ironically, how can one The very name re0ects that it is not. It is administered from the superior courts to extend their reach to the tribal areas. debate on the status of the region when even the local tribesmen Second, there is no system of accountability in the region. Officials Peshawar and Islamabad, by people who have had no local or People's participation in their government through local bodies is and parliamentarians have no status. The reality is that the region and Political Agents are corrupt and bribe is a common historic context for the region.The locals are treated as 'aliens'.It is critical. For economic development, they should be included in does not need a name or identity: the tribesmen are an identity in occurrence. A maa currently dawns upon the unfortunate region also sometimes referred to as a strategic area which implies that the NFC awards. A specic provision for FATA should be themselves and that is sufficient as far as the question of identity is ofFATA. more importance is laid on the land and its geographical introducedtoensurethisstep. concerned. signicancethanthepeoplewholivethere. What are your key proposals (related to social and economic Speaking on the topic, FATA parliamentarians recently submitted development, legal, constitutional, political etc) to bring in Do you think it is justi.ed to keep a “special status” of FATA a bill with the aim of acquiring equal rights for the people of FATA sustainabledevelopmentinFATA? different than from the rest of the country even after 68 years in parallel to the ones that the rest of the citizens of Pakistan enjoy. ofindependence?Why? Legislationistherststep.Thenamecomesafter. For medium-term goals, elected representatives of FATA should be allotted the authority to maintain a check and balance system, On FATA bearing a 'special status' or being merged into Khyber Do you think it is justi.ed to keep a “special status” of FATA especially with regards to the sources of money and its utilization. Pakhtunkhwa or being made a separate province, all possibilities different than from the rest of the country even after 68 years The region also houses a huge income from border crossings, should be decided by the people of FATA. The Constitution ofindependence?Why? which needs to be monitored and legalized, thereby eliminating provides the mechanism of a referendum in such a scenario. This the maa system. This income can prove critical for development issue must be decided in accordance with the wishes of the For the rst time in the region's history, a group of FATA investmentinFATA. people of the tribal areas. Imposing an outsider's decision would parliamentarians have gathered together to ght for the rights of be a travesty for the people of FATA who have been neglected for the people of FATA. The group is in complete agreement on In the long run, a system of local government should be 68years. moving a bill in the parliament for the very same purpose. Owing introduced in the region with executive powers handed over to to a few hurdles, we were unable to pass a bill demanding for an them. FATA parliamentarians also suggested the inclusion of Until that happens, measures must be taken to ensure the authoritative elected council for FATA. As a result, we decided to women and minorities in the proposed elected councils. The fundamental rights of its people within their local governments generate debate on merging FATA with Khyber Pakhtunkhwa, entire purpose of passing the bill is to demand equal rights for the and proper avenues of seeking justice should be provided. ultimately resulting in PATA-Provincially Administered Tribal peopleofFATA. Whatever the status, the service delivery of justice, grievance Areas. addressing and their constitutional rights must be protected. Determining the status may take time, but this does not prevent Our main purpose remains of acquiring elected executive councils us from extending fundamental human rights to the people of for FATA, similar to the system in Gilgit Baltistan, with a few FATAasembeddedintheConstitution. amendments. The government of Khyber Pakhtunkhwa has not responded on the matter and so the decision rests with the FATA is the most under developed region of the country. In parliament now. We are prepared for criticism and amendments your opinion, what are the key factors for under development by the government and political parties and once the legal inFATA? procedure is underway, we plan to reach out to the people of FATA andincludetheminthisprocessdecidingthefutureoftheirland. The carefree attitude of successive governments whereby the land is given precedence over the people is the factor to blame. FATA is the most under developed region of the country. In Participatory governance is essential. Avenues of justice and your opinion, what are the key factors for under development fundamental rights should be ensured. The notion that political inFATA? reforms in tribal areas will undermine national security should be dismissed. On the contrary, political and social reforms in tribal The war in Afghanistan is the primary reason.The situation in FATA areaswillenhancenationalsecurity,nothamperit. was pleasant before the Russian invasion: trade activities thrived and the region was an economic hub. However, this was short lived with the invasion of the Afghan refugees. The region saw

42 43 Interview

© UNDP Pakistan Human stories from FATA 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.”

Rustam Shah Mohmand Former 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 it What are your key proposals (related to social and economic re0ects the true identity of the region and the people who live development, legal, constitutional, political etc.) to bring in there? Do you have a proposal for an alternate name for the sustainabledevelopmentinFATA? area? Short, medium and long-term goals all require peace to be Identity has never been an issue for the people of FATA as they established in the region. Development projects, accessibility to identify themselves according to the individual agencies they live quality services such as education and health, better in. So modifying the name and questions of identity are irrelevant. infrastructure, ensuring safety and employment opportunities FATA cannot be a single province, period. All agencies have their should be the focus of any plan made for FATA. The region has own identities and a mix of people from different regions are several mineral deposits that need to be tapped and utilized. Even abiding within the same agency. When the nature of the region is government servants should be provided basic amenities and multiple,thenwhatneedisthereforonename? incentivessotheyareencouragedtoserveinthearea.

Do you think it is justi.ed to keep a “special status” of FATA Sufficient funding, fair Political Agents and competent governors different than from the rest of the country even after 68 years arerequisiteforalltheabovetotakeeffect. ofindependence?Why?

Following independence in 1947, the people of Peshawar were given the option of either becoming a part of Pakistan or staying independent. The Jirga (tribal leaders) expressed that they would like to become a part of Pakistan as long as the state would not interfere in their affairs and there would be no threat to their autonomy. Henceforth, these became the grounds dening the existence of the region with the country, with the Constitution of Pakistan underlying the special status of FATA. Recently, FATA parliamentarians have raised demands of merging FATA with Khyber Pakhtunkhwa or making it a separate province. The question remains that when a status is legally dened in the laws of the country, how can it simply be changed? If there is to be any Law of the land modication in this status, then a referendum should decide the fateofFATA. Hard work does not always pay off as in the case of Maaz Shinwari, a hardworking 18 year old

FATA is the most under developed region of the country. In student whose degree was left hanging right before completion… your opinion, what are the key factors for under development inFATA? In March 2015, Daud Shinwari had a verbal ght with a local levies personnel in Khyber Agency, FATA.The very next day, the The apathetic government is to be blamed for under personnel registered a complaint against him in the court of the Assistant Political Agent. The administration took development in FATA. If the government possesses the resources to construct a cadet college in an area such as Razmak, then surely, immediate action and raided Daud's house. On being unable to locate him in the house, his younger brother Maaz was FATA should not be a problem as far as development and arrested in lieu of Daud as per the law of the land. Owing to being locked up, Maaz was unable to appear for his annual Matric infrastructure is concerned. However, governments are occupied examination,despitespecialrequestsputforthbyhisfamilyandPrincipal,andwasleftwithawastedyearofhardwork. in the debate on territory and division and fail to realize that the realmergerliesinsocio-economicdevelopmentoftheregion.The After a month, Maaz Shinwari's brother Naveed led an application for release on bail, but was rejected. The family also Federal Government should provide more support to the FATA approached courts, however, the case is still in review and Maaz is still behind bars. Under Article 247, the Peshawar High region. It is high time that the focus be shifted to good CourtholdsnojurisdictioninFATAandhencethecaseispending. governance. Disclaimer:ThestoryhasbeenconductedandreportedbyMr.RahatShinwari,asperconversationwiththeaffected.

44 YouthVoices YouthVoices

Gulalai Ismail Muhammad Farooq A young Pakistani human rights activist who is Chairperson of the NGO ‘Aware Girls’, recipient of the Founder of a civil society organization, the Khadim ul Khalaq Foundation, Muhammad Farooq is a Commonwealth Youth Award 2015, 2013 Democracy Award and International Humanist Award 2014. youth activist working for youth, peace and education in FATA. He represented Pakistan in the world She has been recognized among the 100 Leading Global Thinkers in 2013 by 'Foreign Policy' magazine. 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.

WhatarethekeyyouthissuesinFATA? What is your vision for FATA: how would you like to see WhatarethekeyyouthissuesinFATA? What is your vision for FATA: how would you like to see FATA as a place in the future and what reforms would FATA as a place in the future and what reforms would The key youth issues pertain to militant activity, a lack of yourecommendforFATA? On the surface, the most prevelant youth issues that plague yourecommendforFATA? freedom of expression, lack of employment and education. FATA are illiteracy and unemployment. The cause for both Owing to governance being concentrated in the hands of a Scholarship schemes, income support schemes, of these lies in the ongoing war on terrorism and militant The FCR needs to be abolished and FATA should be few elite, justice is scarred and access to services and introduction of a quota system, education infrastructure activities. Educational institutes have been destroyed and mainstreamed with the rest of the country. Article 247 systems is limited, if at all. Jirga system is also a continuing and teacher trainings need to be initiated immediately.The those that are left, are mostly non-functional. This has needs to be amended and the status of FATA should be problem thriving with support from the Frontier Cries female youth need to be empowered in order for them to created a vacuum for militancy and extremism: the recognized by either making it a separate province or Regulation (FCR). Owing to a lack of employment constructivelycontributetothesociety. uneducated youth easily fall prey to militant groups. The merging it with Khyber Pakhtunkhwa. Elected members of opportunities, a large majority of youth are being pulled war on terror has also multiplied the issue of FATA should be given power over the political into militant training and shipped off to different areas to However, all problems stem from weak governance. The unemployment: several youth migrate to the Middle East in administration. Accountability of the political indulgeinrelatedactivities. need of the hour for FATA is a revised system of governance: search of greener pastures but have returned as IDPs and administration is the need of the hour; a pragmatic audit as long as the FCR prevails, governance will continue to be arenowjoblessowingtomajorityofmarketsdestroyed. system is recommended to curb the powers of the political The education system is very decient: militants are weak. A democratic setup needs to come in place in FATA agent. Local government elections need to take place as gloried as heroes in educational institutions and students andfreeandfairtrialshouldbepracticed. There are several underlying problems faced by the youth per the formula of Khyber Pakhtunkhwa where a special are encouraged to emulate these 'gloried heroes'. as well. The constant atmosphere of fear and insecurity has quotaisreservedfortheyouth,womenandfarmers. Therefore, the curriculum needs to be questioned before I dream of FATA becoming a place that offers security and caused severe psychological trauma and moral addressingissuesofenrollmentandretention. peace to its inhabitants, where every step taken is not with degradation. The use of drugs and weapons is becoming Apart from this, better education facilities, establishment fear or hesitation, where rights are protected and increasinglycommonintheyouthaswell. of skill development centers, scholarships and quotas for marginalizedvoicesareheard. FATA students both at the national and international level, should be enacted. International and local organizations should also promote entrepreneurship opportunities and initiate student exchange programs. Sports and other entertainment activities for the youth should also be initiatedbythegovernment.

Muhammad Dawood I dream of FATA as a peaceful place where citizens do not A young activist, Muhammad Dawood hails from the remote area of FATA and founded the Takal have to face insecurities each step of the way, where guns Welfare Organization to engage and lead the youth in development activities. He is an active member and bullets are replaced with pen and paper and failures of the Young Nonpro.t Professional Network and is involved with the Global Youth Coalition on andlimitationswithhopesanddreams. HIV/Aids. Shah Jehan Bangash 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, WhatarethekeyyouthissuesinFATA? What is your vision for FATA: how would you like to see targeting women in poverty, in order to equip them with skills that would enable them to earn. FATA as a place in the future and what reforms would The war on terrorism is by far the biggest pest that is eating yourecommendforFATA? the youth away. The youth are engaged in heavy numbers in militant activities and these winds of terrorism are also Better educational facilities including a focus on affecting the psychological fabric of the youth. The reason developing infrastructure, teacher trainings, curriculum for such is the lack of education, employment and political revision and skill development centers need to be WhatarethekeyyouthissuesinFATA? What is your vision for FATA: how would you like to see empowerment. The youth nd no potential opportunities established. The government should initiate all changes, FATA as a place in the future and what reforms would of learning and hence the only guaranteed way of having a NGOs have done enough. Local body elections need to be Poor education facilities leading to a lack of peace are the yourecommendforFATA? secure life that provides them with food and shelter is to held although the Jirga system should remain as it is the major issues of concern in the youth. The youth engage in becomeonewiththemilitantgroups. only just system of governance present in the region. As unlawful activities owing to a paucity of quality education Citizens in FATA have no right to fair trial and have little long as the FCR prevails, nothing can change. The FATA and due to the prevalence of such unlawful activities, safeguard against arbitrary arrest and detention. The FCR Reforms Commission also appears to be bearing no fruit donorsarehesitantininvestinginFATA. and Malik (local elders) judgment system in FATA is whatsoever. outdated and needs to change. Furthermore, provision of basic and moral education by the government and civil I dream of FATA as an educated region. Having reached the societies needs to be introduced. Sustainable pinnacle of problems, I believe the future is bright for FATA development and mobilization of resources should be from this end on. Natural resources in FATA, such as the focusareas. presence of marble in Mohmand Agency, need to be tapped. Whatever future FATA holds must be decided with I dream of FATA as a place of the future, replete with theconsentofthepeopleofFATA. positivityandtechnologicallysound.

46 47 YouthVoices

Human stories from FATA Saba Ismail 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.

WhatarethekeyyouthissuesinFATA? What is your vision for FATA: how would you like to see FATA as a place in the future and what reforms would Violent extremism, lack of democracy and active yourecommendforFATA? citizenship are the key youth issues. The amount of human rights violations that state actors do is unbelievable. When Human rights violations need to be reported they attack a household claiming that it has militants internationally.The international community needs to step abiding inside, how can they be sure that the entire brood up and exert pressure in this regard. Curriculums of of people living in that house are all militants? There needs madrassas and other educational institutions need to be to be accountability and a check and balance of the revised and monitored. Political parties need to be more authorities. transparent in their actions. FATAshould be established as a province or a part of Khyber Pakhtunkhwa. Systems and Several youth are used by organizations for their own servicesshouldbeaccessibleandaffordable. ulterior motives. When the youth wish to raise their voice, especially young journalists, they are attacked. Even I dream of FATA as a land of human rights, where education educational institutes are plagued by violent 0ourishes and more importantly, freedom is not just a manipulations whereby the students are taught with the notiononpaper. support of violent images and symbols pertaining to war. Can you believe that in district, there is an actual library named after Osama Bin Laden? When the youth are exposed to such conditions, how can they ever grow up to benormal?

© Rahat Shinwari

Tajdar Alam 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. At your mercy

Deprivation of basic necessities and fundamental human rights often leads to dire WhatarethekeyyouthissuesinFATA? What is your vision for FATA: how would you like to see circumstances, as in the case of Masood Khan FATA as a place in the future and what reforms would Social grooming and career counselling are among the key yourecommendforFATA? youth issues. The youth have no platform with which to communicate with the outside world as the media is also Reforms in the FCR and local elections are the need of the Arrested in a minor land dispute, Masood Khan, an active 40 year old citizen, lost his life in jail, where he suffered a severe case allowedverylimitedmovementinFATA. hour.The RightTo Information law should be implemented of diarrhea that was left untreated. His father, Akhtar Mir Shinwari demanded immediate investigation into his son's death in FATA. Special development projects and national and and appealed to various governance forums for justice as well as assistance with raising Masood's family of seven, including There is also a lack of entertainment facilities for the youth international level scholarships should be initiated. Local sixchildrenandawife. as well as a lack of employment and internship people should be hand-picked on priority for organizations opportunities.The youth of FATA are not allowed to be part based in FATA, instead of recruiting people from other of the decision making process at any level and this places. A youth assembly should be established in FATA as Masood's cause of death was attributed to dehydration as a result of diarrhea. According to his father, he did not receive inhibiting freedom is a severe blow to the self-esteem of well so as to encourage youth participation and activism. A timely and adequate treatment while in prison, as a result of which his condition deteriorated so much so, that even after he theyouth. review of the employees in the FDA and FATA Secretariat wasshiftedtoamainhospitalintheregion,hisconditioncouldnotbestabilized. needs to be done as presently, these bodies comprise more people from Khyber Pakhtunkhwa as opposed to FATA; this Hisfamilycontinuestostriveforjustice. aspectshouldbereversed. Disclaimer:ThestoryhasbeenconductedandreportedbyMr.RahatShinwari,asperconversationwiththeaffected. I dream of a FATA that is just and fair, where actions speak louder than words and systems are free from corruption andbribery.

48