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(FATA) Reforms Roundtable Report Federally Administered Tribal Areas (FATA) Reforms Center for Global & Strategic Studies Organized by Center for Global & Strategic Studies (CGSS) at Islamabad Club, Islamabad Pakistan January 18, 2017 “CGSS is a Non-Profit Institution with a mission to help improve policy and decision-making through analysis and research” Copyright © Center for Global & Strategic Studies (CGSS) All rights reserved Printed in Pakistan Published in February, 2017 ISBN 978 969 7733002 Please do not disseminate, distribute or reproduce, in whole or part, this report without prior consent of CGSS CGSS Center for Global & Strategic Studies 3rd Floor, 1-E, Ali Plaza, Jinnah Avenue, Islamabad, Pakistan Tel: +92-51-8319682 Email: [email protected] Web: www.cgss.com.pk Report FATA Reforms Message from the President CGSS Major General Syed Khalid Amir Jaffery HI(M), (Retd) The Center for Global & Strategic Studies (CGSS) is an independent & a non-profit public policy organization, Think Tank & publisher based in Islamabad, Pakistan. Our mission is to generate customized solutions for sustainable objective policies for the regional countries as well as the coun - tries around the globe. The foundation of this Think Tank has been laid by the inculcation of Pak - istan's top intellectuals, retired civil & armed forces personnel, academians, business community and various private & public sector institutions. The Center's proposed programs covers the world's major regions which addresses the predominant functional challenges confronting the regional countries and the world. Our Research Associates ana - lyze the critical global encounters such as rising and emerging powers in Asia, counter terrorism nar - ratives, global health, energy security, economic growth & climate change happening around the world. CGSS held a roundtable discussion on the “FATA Reforms” on Wednesday, January 18, 2017 at 1230 hours at the Islamabad Club, Islamabad. The event brought together various scholars and poli - cymakers from different fields. The purpose of this roundtable was to discuss the FATA reforms and its implications in the long run and obtain recommendations. The participants presented their views, concerns and the implications in the future along with the policy recommendations. A detailed discussion was held regarding the issue where mind provoking questions were raised and further debated. This report provides a summary of the discussion and recommendations emerging from the meeting. Report FATA Reforms Abbreviations CGSS Center for Global & Strategic Studies FATA Federally Administered Tribal Areas FCR Frontier Crimes Regulations JUIF Jamiat Ulema-e-Islam (F) KP Khyber Pakhtunkhwa PATA Provincially Administered Tribal Areas PTI Pakistan Tehreek-e-Insaf PM Prime Minister PEMRA Pakistan Electronic Media Regulatory Authority US United States Report FATA Reforms Contents Participants ................................................................. 1 Roundtable Discussion ............................................... 2 Recommendations ...................................................... 13 Conclusion .................................................................. 15 Annexure A ................................................................. 16 (Government Committee Report on FATA Reforms 2016) Report FATA Reforms Participants The roundtable was attended by renowned scholars, practitioners and members of the CGSS Advisory Board. The list of participants is as follows: Host Lieutenant General Muhammad Zahir Ul Islam, HI(M), (Retd) Chairman, Center for Global & Strategic Studies (CGSS) Moderator Mr. Makhdoom Babar, Member Advisory Board CGSS Speakers • Mr. Owais Ahmed Ghani, Former Governor KP • Dr. Noor Ul Haq Qadri, Former Federal Minister • Lieutenant General Muhammad Masood Aslam, HI(M), (Retd), Former Ambassador of Pakistan to Mexico / Ex Corps Commander Peshawar • Mr. Arif Azim, Former Federal Secretary, Member Advisory Board CGSS • Mr. Ajmal Khan Wazir, Politician PML (Q), FATA Region • Mr. Humayun Gauhar, Director and Senior Fellow-Global Think-Tank Network (GTTN) • Major General Hafiz Masroor Ahmed (Retd), Vice President CGSS • Mr. Babur Suhail, Vice President & Legal Advisor CGSS • Brigadier Said Nazir Mohmand (Retd), Defence Analyst • Brigadier Akhtar Nawaz Janjua (Retd), Member Advisory Board CGSS • Mr. Tauqir Ahmed, Member Advisory Board, CGSS • Major Iqbal Aslam, (Retd), Manager Coordination, CGSS 1 Report FATA Reforms Roundtable Discussion Mr. Makhdoom Babar Mr. Makhdoom Babar, Member Advisory Board CGSS, acted as the moderator of the roundtable discussion. He started the proceedings with Talawat-e-Quran and thanked all the participants for attending the session. He briefly introduced the topic of discussion and explained that primarily we all are gathered to discuss and critically analyze the report provided by the Committee on FATA Reforms 2016 (report attached in Annexure A). The proposed recommendations of this roundtable discussion will be shared with all the stakeholders. Lieutenant General Muhammad Zahir-ul-Islam (Retd) Lieutenant General Muhammad Zahir ul Islam (Retd) started off by thanking the participating members for attending the roundtable session and appraised about the importance and gravity of the issue under discussion. He further highlighted the long-term implications of FATA’s future dispensation-vis-à-vis its consequences on the security and stability of Pakistan. He stated that it is unfortunate that FATA’s status still remains special and the region and its people have not been brought under the mainstream political and administrative arrangements. The Honorable Chairman of the CGSS requested the participants to share their views on the imperative agenda of the meeting and to propose recommendations 2 Report FATA Reforms for the betterment of the dis - tressed people of FATA. It was further commented that the forum should be utilized to pro - vide inputs to the special com - mitte on FATA, keeping in view the rich knowledge of the par - ticipants and their hands on knowledge and first hand expe - riences. General Zahir (Retd) further added that the impact of 9/11 on the security situation of FATA should be taken into greater consideration. The developments after 9/11 and transfer of writ from Political Agents/Maliks under FCR to Taliban/Mullahs has changed/destroyed the administrative structure which had previously governed life of tribals. He added that Army played a significant role in installing back the writ of the gov - ernment in FATA, however, systems once disturbed will take a lot of delibrations to settle again. He further added that one could comprehend the importance of FATA from the fact that the US Congress is also deliberating on the subject and may come up their own report on FATA soon. He added that the reforms proposed in the report should not be and cannot be implemented by the stroke of a pen, as this may lead to further problems in FATA. It was concluded that the recommendations proposed in this meeting would be sent to the Committee Members of FATA Reforms so that the shortcomings in the official report can be improved. 3 Report FATA Reforms Mr Owais Ahmed Ghani Mr. Ghani, the former Governor of Khy - bilities and in return, the tribes (people ber Pakhtunkhwa (KP), thanked the of FATA) would get collective conces - CGSS for the invitation and for showing sions, for instance, tax exemptions, etc. their concern regarding the reforms in This was a social contract that existed FATA. He stated that FATA might face the between FATA and the Federal Govern - same fate as of the Provincially Admin - ment. However, he stressed that this istered Tribal Areas (PATA) if the govern - contract has been abolished due to the ment does not take serious steps arrival of a third force; that is, the mili - concerning the situation in FATA. If re - tants due to which the tribes do not forms in FATA are introduced in a hurry, have the strength to fulfill their respon - without sufficient debate and without sibilities. taking all stakeholders into confidence, Mr. Ghani also shared his memory as he then reforms are bound to fail. witnessed the chaos that erupted in the Erroneous steps of previous govern - government departments when all of a ments towards the creation of PATA with sudden, the former Prime Minister of a single signature resulted in instability Pakistan announced to abolish FCR with - in PATA, which concluded with a grand out any consultation. Nevertheless, the military operation to liberate PATA from previous government did not implement the militants. Therefore the present gov - it because of the disastrous conse - ernment must not implement reforms in quences that it may have lead to. FATA for the sake of point scoring in the It is also important that the reforms upcoming general elections. should not be against the opinion of the While dilating on FCR he said that, as majority in FATA. Mr. Ghani highlighted the old social contract has weakened that the problem lies with the idea of with the time; the old social contract changing a deeply rooted system; imple - that existed between the tribes (Maliks) menting a sudden change is not an easy in FATA and the government of Pakistan task, rather, it is a grave mistake to is, transform it in a hustle. Collective Responsibilities ⇋ Collective While answering a question raised by Concessions Mr. Humayun Gauhar, he stated that it is He further explained that under the so - imperative to change the system in FATA cial contract that existed between
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