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2 e DEVELOPMENT ADVOCATE u s s I , 4 e m u l PAKISTAN o V FATA Mainstreaming: Bajaur Agency Placing People at the Center of Development Mohmand Agency Khyber Agency FR Peshawar Kurram Agency Orakzai Agency FR Kohat North Waziristan Agency FR Bannu FRFR LakLakkii MarMarwat South Waziristan Agency FR Tank FR Dera Ismail Khan DEVELOPMENT ADVOCATE PAKISTAN © UNDP Pakistan Development Advocate Pakistan provides a platform for the exchange of ideas on key development issues DEVELOPMENT ADVOCATE and challenges in Pakistan. Focusing on a specific development theme in each edition, this quarterly publication fosters public discourse and presents varying perspectives from civil society, academia, PAKISTAN government and development partners. The publication makes an explicit effort to include the voices of women and youth in the ongoing discourse. A combination of analysis and public opinion articles Disclaimer promote and inform debate on development ideas The views expressed here by external contributors or the members of the while presenting up-to-date information. editorial board do not necessarily reflect the official views of the organizations they work for and that of UNDP’s. Editorial Board Editorial Team Ignacio Artaza Maheen Hassan UNDP Country Director Umer Akhlaq Malik Mr. Shakeel Ahmad Assistant Country Director/Chief Design Development Policy Unit Hasnat Ahmed Mr. Aadil Mansoor Printed by: Assistant Country Director/Chief Agha Jee Printers, Islamabad Crisis Prevention and Recovery Unit Mr. Amir Goraya United Nations Development Programme Pakistan Assistant Country Director/Chief 4th Floor, Serena Business Complex, Democratic Governance Unit Khayaban-e-Suharwardy, Sector G-5/1, Mr. Amanullah Khan P. O. Box 1051, Assistant Country Director/Chief Islamabad, Pakistan Environment and Climate Change Unit Mr. James Littleton For contributions and feedback, please write to us at: Chief Technical Advisor [email protected] Strengthening Electoral and Legislative Processes Ms. Fatimah Inayet Communications Analyst ISBN: 978-969-8736-18-7 June 2017 CONTENTS Javed Afridi 24 Chief Executive Officer Contextual Haier Pakistan Background Hidayat Ullah 25 Senator A New Political Compact in the 02 Federally Administered Tribal Areas 32 Afrasiab Khattak Socio-Economic Former Senator, 16 Mainstreaming of FATA Analyst of Regional Affairs 34 Bushra Gohar 28 Rule of Law Senior Vice President Awami National Party 40 Relief and Rehabilitation in FATA: Justice Mian Muhammad Ajmal An Overview 35 Former Chief Justice 1 Peshawar High Court Rukhshanda Naz Opinion 37 Executive Director Legal Aid and Awareness Services 06 Bottlenecks in Laila Shahnawaz FATA's Mainstreaming 37 Program Manager Dr. Syed Adnan Ali Shah Bukhari Takrah Qabilee Khwendy Network FATA Reforms and 44 Muhammad Khalid 22 Socio Economic Development Director General Provincial Disaster Management Authority (PDMA) Sakib Sherani Khyber Pakhtunkhwa 30 Rule Of Law 45 Masood ul Malik Rahim Shah Chief Executive Officer Sarhad Rural Support Programme FATA Sustainable Return 43 & Rehabilitation Strategy Jehanzeb Khan, Nameerah Hameed Focus Group Interviews 46 Hoping for a better tomorrow: Aspirations of the local FATA Community Sartaj Aziz 10 Deputy Chairman, Planning Commission of Pakistan, Former Advisor to the Prime Minister on Foreign Affairs Dr. Syiad Ghazi Gulab Jamal 12 Member National Assembly Orakzai Agency Malik Muhammad Ali Afridi /undppakistan 14 Chief of Sepah Tribe Bara Khyber Agency w us www.twitter.com/undp_pakistan Farhatullah Babar Saleem Mandviwalla ollo www www.pk.undp.org - 15 Senator Provincial nominee for NFC Sindh F © UNDP Pakistan Editorial FATA Reforms: Progress Long in the Making Much has happened following the previous issue of the on delivery of judicial services. Development Advocate on FATA mainstreaming. While earlier, reforms in the Federally Administered Tribal Areas (FATA) were Ÿ Third, while the tribal people have long held fundamental rights discussed, now the Government has begun to make those tough under the Constitution of Pakistan, the proposed extension of decisions needed to bring reform, through acting on the the superior courts will-for the rst time-allow them a forum of recommendations of the Committee on FATA Reforms. redress. This will provide additional protection to the people of FATA and bring them at par with the rest of the country. If the quality of life of communities in tribal areas is to be improved, fundamental reforms are required, and we in UNDP appreciate the What looks good on paper, often struggles in implementation. There Committee's resolve to settle the political, economic, and legal are several pitfalls that might hinder progress at the very outset. Not issues which have kept FATA out of the mainstream, through a every actor will be content with the nal package, and some nationally owned and driven process. The Committee's stakeholders with entrenched interests may work to undermine the recommendations – varying from extending the country's justice implementation. The process of implementation will be long and system to the introduction of elected local government and fast- expensive; so the people, the Government, and the development track economic development – would do much to address the community and partners, will need to have patience through the myriad issues faced by the people of FATA. If implemented process, and when the process encounters hurdles, be determined in successfully, these reforms will open a path towards social and following it through. economic development for the region and its people. Independent polls and media reports suggest that the plans have widespread Despite these challenges, I see the prospect of governance reforms support from a population currently under served by the status quo. in FATA as one of the brightest lights on the horizon. It has the potential to improve the lives of the people and to bring stability to FATA's status as a special tribal region has weakened the functioning both tribal areas and the rest of the country. I hope that this second and legitimacy of governance mechanisms. This has provided space issue of Development Advocate Pakistan on FATA Reforms will for militancy, illicit trade and corruption. Along with a legacy of contribute to the ongoing debate and lead to tangible progress on historic instability, FATA faces extreme challenges related to human the ground. socio-economic development. Poverty is widespread and deep, and the means for livelihood are limited. About 73.7 percent of the population live in multidimensional poverty – the highest proportion in Pakistan. The region's economy is largely dependent on subsistence agriculture, livestock and transit trade. Only eight percent of the geographical area is under cultivation, and most of it depends exclusively on rainfall. Improving the economic conditions in FATA requires substantial investment and reform. To do this, the government is preparing a 10- year socio-economic plan, which envisions signicant investments such as irrigation schemes, mineral development, integrated plans for health and education, business development and special industrial zones to uplift the region's development status, and set it on course towards achieving the sustainable development goals. There has been a healthy national debate on the elements of the reform process. Beyond the headlines, there are three basic elements of reform which aim to improve governance and people's lives. Ÿ The rst of these is effective representation from the local level to the national legislature, through the empowerment of the legislature and the introduction of an elected local government system. Elected councillors can give locals a role in the decision- making process, and the legislature can increase oversight over governance in FATA. Local councils will likely include tribal leaders as well as new faces, including youth and women, ensuring both continuity and change in the new FATA. Ÿ Second, a separation of judicial and administrative power (presently vested in the political agent), as is the norm in the rest of Pakistan, will have a positive impact on both governance and 01 Contextual Background A New Political Compact in the Federally Administered Tribal Areas1 he Federally Administered Tribal Areas (FATA) covers an area of 27,200 Federally Administered Tribal Areas (FATA) Tsq. km and has a population of approximately ve million (gender ratio of Bajaur Agency 104.5 and average household size 8.9)2 spread across seven Agencies and six Frontier Regions (FRs). The region has been Mohmand Agency governed through a colonial-era legal framework known as the Frontier Crimes Regulation (FCR) which outlines provisions Khyber Agency for local governance under collective FR Peshawar Kurram Agency responsibility of tribes and sub tribes, Orakzai Agency through their local Elders/Maliks. The law also allows the people of FATA to regulate FR Kohat their lives as per local customary laws and traditions (Rewaj). Under the prevailing governance structure, the Governor of Khyber Pakhtunkhwa (KP) exercises North Waziristan Agency FR Bannu executive authority in FATA as an Agent to the President. Constitutionally, the national FR Lakki Marwat and provincial assemblies and superior FR Tank courts have no jurisdiction over FATA. South Waziristan Agency Due to the conuence of various dynamics such as the unique political, legal and administrative status of FATA, the region has historically faced socio-economic and political development constraints alongside
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