STREAMLINING GOVERNANCE SYSTEM OF FATA (PAKISTAN): A STUDY INTO THE CHALLENGES, PROSPECTS AND RESPONSES OF THE TRIBAL PEOPLE By ASGHAR KHAN DEPARTMENT OF POLITICAL SCIENCE UNIVERSITY OF PESHAWAR, PAKISTAN (MAY 2017) STREAMLINING GOVERNANCE SYSTEM OF FATA (PAKISTAN): A STUDY INTO THE CHALLENGES, PROSPECTS AND RESPONSES OF THE TRIBAL PEOPLE By ASGHAR KHAN A dissertation submitted to the University of Peshawar, Pakistan in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Political Science. DEPARTMENT OF POLITICAL SCIENCE UNIVERSITY OF PESHAWAR, PAKISTAN (MAY 2017) AUTHOR’S DECLARATION I, Asghar Khan hereby state that my PhD thesis titled “Streamlining Governance System of FATA (Pakistan): A Study into the Challenges, Prospects and Responses of the Tribal People” is my own work and has not been submitted previously by me for taking any degree from this University of Peshawar or anywhere else in the country/world. At any time if my statement is found to be incorrect even after my graduation the University has the right to withdraw my PhD degree. ASGHAR KHAN Date: May 2017 ii PLAGIARISM UNDERTAKING I solemnly declare that research work presented in the thesis titled “Streamlining Governance System of FATA (Pakistan): A Study into the Challenges, Prospects and Responses of the Tribal People” is solely my research work with no significant contribution from any other person. Small contribution/help wherever taken has been duly acknowledged and that complete thesis has been written by me. I understand the zero tolerance policy of the Higher Education Commission (HEC) and University of Peshawar towards plagiarism. Therefore I as an Author of the above-titled thesis declare that no portion of my thesis has been plagiarised and any material used as a reference is properly referred/cited. I undertake that if I am found guilty of any formal plagiarism in the above-titled thesis even after the award of PhD degree, the University reserves the right to withdraw/revoke my PhD degree and that Higher Education Comission (HEC) and the University have the right to publish my name on the HEC/University Website on which names of students are placed who submitted plagiarized thesis. Student/ Author Signature: Asghar Khan ____________________ iii CERTIFICATE OF APPROVAL This is to certify that the research work presented in this thesis, entitled “Streamlining Governance System of FATA (Pakistan): A Study into the Challenges, Prospects and Responses of the Tribal People”, was conducted by Mr. Asghar Khan, under the supervision of Prof. Dr. Taj Moharram Khan. No part of this thesis has been submitted anywhere else for any other degree. This thesis is submitted to the Department of Political Science, University of Peshawar in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Political Science. Student Name: Asghar Khan Signature: ____________ Examination Committee: 1. Prof. Dr. Shabbir Cheema, Senior Fellow, Research Program and Director, Asia Pacific Governance and Democracy Initiative, East-West Center, Honolulu, Hawaii, USA. Email: [email protected] 2. Dr. Sana Alimia PhD, SOAS London Research Fellow, Leibniz-ZMO (2016-2019) Kirchweg 33 Berlin, 14129 Germany. Email: [email protected] 3. Prof. Dr. Amna Mahmood Chairperson Signature: ____________ Politics & International Relations, International Islamic University, Islamabad. Email: [email protected] 4. Supervisor Prof. Dr. Taj Moharram Khan Signature: ____________ 5. Head of Department/Chairman Prof. Dr. A. Z. Hilali Signature: ____________ Email: [email protected] iv ABSTRACT This thesis entitled, “Streamlining Governance System of FATA (Pakistan): A Study into the Challenges, Prospects and Responses of the Tribal People” addresses, why Pakistani state is facing persistent challenges in extending and consolidating its governance (authority) throughout its territories especially in the Federally Administered Tribal Areas (FATA)? What factors challenge state governance (authority) in the tribal areas of FATA? The need for these questions arises due to the state weak/limited governance in FATA. This dissertation addresses these questions by focusing on the factors and dimensions of un-governability of tribal areas from a multi-dimensional perspective of top down and bottom up approaches to governance. These perspectives include state-centric, society-centric and state-in-society approaches. The available literature often overlooks this multi-dimensional analysis while studying the un-governability of an area only from one perspective. Specifically, this dissertation evaluates and identifies factors of challenges to state governance from society-centric perspectives of the historical dynamics and modern dynamics of state-society relations. The main hypothesis is that societies, where state governance is absent, turn to informal governance and create informal institutions as a substitute for the weak central state governance thereby challenge domination and authority of the state. The dissertation tests this contention with the help of factors pointed out in governance theories/approaches. This dissertation argues that underlying factors of strong society and the weak state can deter the exercise of state governance (authority). In the context of FATA, the factors linked with the strong tribal society include its long history of living outside state control, social formation and social autonomy. The Goliath (warrior nature) nature and heroic memories of the tribal society always resist the domination of outside invaders and states. In the absence of the state, the tribal society develops its own alternative informal governance, informal institutions and informal economy. The state overlooking behaviour increases the gap between tribal society and the state, resulting in the mistrust, social cleavages and inequalities in tribal society. These factors also hinder state governance in tribal areas. v The factors linked with state weakness include lack of state’s capacity, will (commitment) to project its power, lack of the state power for political penetration and legitimacy, the presence of conflict, hard terrain or geography, weak infrastructural power, the presence of rival neighbouring state(s), geostrategic compulsions, and external interference. Due to weak capacity, the state relies on the policy of repression, indirect rule and co-optation in its relationship with tribal society through its co-opted Malaks under its patronage. Till date, state responsibility for the tribal society development, providing public goods and social services remained secondary concerns, which resulted in compartmentalised development, corruption of political administration and retention of status quo to serve vested interests of powerful stakeholders in FATA. The study emphasises that solution of the governance crisis in FATA can be induced by ending state’s repressive policies, use of force and non-binding commitment to development. Further, strengthening local governments by ensuring the integrity of local elections and regulation of local administration’s conduct would also help in this regard. vi LIST OF ACRONYMS APA Assistant Political Agent BHU Basic Health Unit CH Civil Hospital DAC Development Assistance Committee FATA Federally Administered Tribal Areas FDI Foreign Direct Investment NPT Naib Political Tehsildar OECD Organization for Economic Cooperation and Development PA Political Agent PATA Provincially Administered Tribal Areas PT Political Tehsildar RH Reproductive Health RHC Rural Health Center T.B Tuberculosis TRC Tribal Research Center UNPOG United Nations Project of Governance UNDP United Nations Development Program vii GLOSSARY OF LOCAL (PAKHTO) WORDS Malak Tribal Elder Mullah Islamic Religious Leader, who also leads prayer at Mosque Jirga Council of Elders Taliban Knowledge seekers in an Islamic School Starr Big Pir Spiritual Leader Khudae Khidmatgar Servant of the God Khassadar Tribal Local Militia viii ACKNOWLEDGEMENTS Thanks to Almighty Allah for blessing me knowledge and ability to complete this work. Prof. Taj Moharram Khan, my supervisor at the University of Peshawar and Prof. Kimberly Martin, my supervisor at Columbia University, both were of great help. Their sharp supervisory comments, efficiency and good cheer were a truly winning combination that inspired me. At Peshawar University, thanks are also due to Prof. Ghulam Mustafa, Prof. A.Z Hilali, Prof. Abdul Rauf, Dr. Muhammad Ayub Jan, and Dr. Sami Raza, for their guidance. I am thankful to the Institute for the Study of Human Rights (ISHR), Columbia University for providing a generous opportunity for one year under its visiting scholar program. Many thanks in particular to ISHR Director, Elazar Barkan, and Associate Director, Yasmine Ergas for their support. I am thankful to my colleagues, especially Dr. Mark Matner at ISHR for his friendship. Also thanks to Prof. George Clement Bond, Prof. Mahmood Mamdani, Prof. Robert Y. Shapiro, and other faculty members at Columbia University for their kind assistance and friendly environment. Special thanks to Dr. Steven Watson and Muhammad Islam for their generous hospitality, friendship and social support during my stay at New York. I am much indebted to all foreign professors who guided and commented on my work. Without their guidance, I would not have been able to move in a right direction. These include Prof. Joel S. Migdal, Prof. R. A. W. Rhodes, Prof. Shandana Mohmand, Prof. Joshua Forrest, and Prof. Anne Mette