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FATA Reforms News and Stakeholders July-September 2013
Table of Contents Journalists demand right to information in FATA ................................................................................................ 2
Appeal to extend youth development scheme to FATA ...................................................................................... 2
Civil society calls for new FATA legal status (video) ........................................................................................... 2
President Mamnoon calls for FATA mainstreaming ............................................................................................ 3
FATA women empowerment urged at seminar ................................................................................................... 3
Bajaur parties threaten protest for LG polls in FATA .......................................................................................... 4
Government asked to hold FATA and KP local elections on party basis ............................................................ 5
Federal ombudsman powers extended to FATA ................................................................................................. 6
Imran Khan for Mandela-style reconciliation in FATA ......................................................................................... 6
JI leader suggests local body elections in FATA ................................................................................................ 7
High Court questions arrest of tribesman under FCR ......................................................................................... 8
Reforms package for FATA coming soon says PML-N MNA Shahabuddin Khan .............................................. 8
Azmat Hanif Orakzai backs extension of Right to Information Law to FATA ...................................................... 9
University of Peshawar holds National Conference on FATA ............................................................................. 9
FATA lawyers demand Supreme Court reach be extended to tribal areas ....................................................... 10
Shakil Afridi case exposes flaws in FATA judicial system ................................................................................ 10
Bajaur PkMAP urges FATA reforms implementation ........................................................................................ 12
Government asked to extend Supreme Court to FATA .................................................................................... 12
FATA parliamentarians agree to amend Article 247 ......................................................................................... 13
KP governor directs inception of FATA Youth Assembly .................................................................................. 13
Higher Education Commission asks to double FATA quota at universities ....................................................... 14
Ex-servicemen want local body elections in FATA ........................................................................................... 14
Bajaur political leaders resolved to secure basic rights .................................................................................... 14
PM Nawaz Sharif urges FATA mainstreaming .................................................................................................. 15
Local body elections demanded in tribal areas ................................................................................................. 15
FATA Democratic Movement, a new voice for reforms ..................................................................................... 15
High Court issues notices to Mohmand and Khyber political agents ................................................................ 16
Khyber Political Agent accused of bias against tribal journalists ...................................................................... 17
Supreme Court says laws must extend to FATA .............................................................................................. 17
Zardari sends new reforms memorandum to PM .............................................................................................. 18
FATA citizens demand local government elections .......................................................................................... 18
Political parties discuss FATA reforms priorities ............................................................................................... 19
FATA reforms Jirga seeks equal rights ............................................................................................................. 20
EU recommends FATA constitutional reforms .................................................................................................. 20
FATA women demand more representation in reform agenda ......................................................................... 24
Zigzag moves on FATA (I.A. Rehman) ............................................................................................................. 24
Political Reforms in FATA (Amir Abbas Turi) .................................................................................................... 26
Learning from the past and looking forward in FATA (Raza Shah Khan) ......................................................... 26
ICG recommends constitutional amendment for FATA ..................................................................................... 27
Supreme Court Bar Association FATA Resolution ............................................................................................ 30
Corruption stops real reform for tribal people ................................................................................................... 30
Zar Ali Khan FATA reforms recommendations ................................................................................................. 31
Reforms needed for FATA development (Muhammad Shahid Battani) ............................................................ 32
FATA still denied human rights two years after 2011 reforms (Ibrahim Shinwari) ............................................ 35
Useless representation for FATA (Khan Zeb Burki) .......................................................................................... 37
FATA students voice reforms demands ............................................................................................................ 38
Tribal citizens aspiring for equality (GQ Khan) ................................................................................................. 39
Rights for FATA and the need for legislation (Nizamuddin Khan) ..................................................................... 43
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Journalists demand right to
information in FATA PESHAWAR: Journalists on Friday demanded the
Right to Information (RTI) Ordinance, 2013 be
extended to the Federally Administered Tribal Areas
(Fata).
They made the demand at an event organised by
the Development, Environment, Legal Aid,
Technical Support and Advocacy Association
(DELTA) in collaboration with the National Research
and Development Foundation (NRDF) under
USAID.
Strategies to eradicate corruption from society and
raise public awareness against it were also
discussed. Journalists contended they should be
allowed to attend meetings of standing and public
funds committees of the provincial assembly.
They also suggested that reporters covering both
national and provincial assemblies must become
part of the information committee.
DELTA President Naazlee Sardar lauded the RTI
bill, saying the ordinance is as good as the one
enacted in Serbia, which is currently ranked number
one in RTI ratings worldwide. “DELTA is reviewing
the bill and will suggest improvements to legislators
before it is enacted,” she added.
The overall ordinance is commendable considering
information can be requested through email free of
cost for up to 20 pages, said Sardar. She also
briefed participants on advocacy programmes,
including district level conferences, citizens’ group
meetings, radio programmes and other interactive
sessions being undertaken by her organisation.
DELTA is currently implementing a Strengthening
Citizens Voice through Advocacy (SCVA) project in
Swabi, Mardan, Peshawar, Nowshera and
Charsadda districts.
SCVA aims to improve engagement between
citizens and the government to promote good
governance by giving them a voice and
strengthening public accountability.
Source: http://tribune.com.pk/story/610360/improvin
g-accountability-journalists-demand-extension-of-rti-
to-fata/
Appeal to extend youth
development scheme to FATA
BAJAUR AGENCY: Lawmakers and tribal elders of
Bajaur Agency welcomed development schemes by
Prime Minister Nawaz Shairf of Rs 20 billion for
youth in the country and urged the government to
extend the schemes to the tribal areas.
MNA Haji Bismillah Khan‚ Senator Hidayat Khan
and elders Malik Sultan Zeb Khan, Malik Ayaz Khan
and Malik Abdul Aziz told the reporters that the
youth development schemes announced by the
prime minister are the need of the hour as they
would help to create better job opportunities for the
youth and also contribute in improving the socio-
economic condition of Pakistan.
They demanded that the schemes should be
extended to the militancy-hit tribal areas, where the
youth is countering with the issue of joblessness.
The lawmakers and elders said that development
schemes by the government in the tribal areas are
very important for the rehabilitation of basic facilities
and restoration of economic activities.
They said they are hopeful that the prime minister
would not only extend the development schemes to
the youth of tribal areas but would also announce
special development program for the entire tribal
areas.
Source: http://frc.com.pk/news/appeal-for-
extending-youth-development-scheme-to-tribal-
areas
Civil society calls for new FATA
legal status (video)
A seminar on FATA terrorism and its solutions was
held by the Vision 21 Foundation in Marriott hotel on
September 1, 2013. The seminar was attended by
politicians from various parties including PTI and
JUI-F, civil society representatives and
analysts including ambassador Ayaz Wazir, Brig.
Shah Mehmood and Brig. Said Nazir and media
personalities such as Saleem Safi. Two FATA
MNAs Mr. Qaisar Jamal and Mr. Shahryar Afridi
also participated in the seminar.
The seminar was opened by the director of Vision
21, Dr. Azhar Aslam, who explained that Vision 21
had taken the initiative to hold such a seminar on
the behalf of civil society because of the lethargy
and near in action of the present government, which
has yet to announce a clear-cut policy direction of
how to combat the menace of terrorism in the
country.
He further elaborated that Vision 21 had written a
policy paper in this matter proposing a
comprehensive solution for this problem.
One of the fundamental solutions is to change the
legal status of FATA and make it into a province.
The participants were asked to agree or disagree
with this proposal or make any alternative
proposals. There was a lively discussion and debate
and several civil society representatives and
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students also took part in this debate and asked
various questions from the delegates.
The final recommendations that came out of
seminar and had consensus are as follows:
1. The first step for the restoration of peace is
negotiation but these negotiations should have
the prerequisites below as part of the package.
2. Negotiations must take place within the
parameters of the Constitution of Pakistan which
is a red line that must not be crossed.
3. Negotiations must be accompanied with a
package which includes regularising the legal
status of FATA and implementing a sound
governance structure.
4. The new governance structure for FATA must
include the local bodies system, provision of
economic generation, and job opportunities.
5. Local people in the tribal areas should be given
opportunity to govern themselves. Without this
there will be no peace.
6. The agreement should provide the provision of
security to all those who lay down their weapons
and become a part of mainstream society after
rehabilitation.
7. Negotiations should take place with the spirit of
reconciliation and forgiveness.
8. Militants of TTP should be clearly asked to
dissociate themselves from the sectarian and
foreign elements.
9. The negotiation package must also carry with it
the determination to use limited, focused and
precise use of force against those who still
refuse to become part of the mainstream
process after the package given above and want
to continue fighting for various other reasons.
Photos: https://www.facebook.com/shaista.kazmi/m
edia_set?set=a.10202067547753491.1073741829.
1330904124&type=1
President Mamnoon calls for
FATA mainstreaming
ISLAMABAD: President Mamnoon Hussain on
Monday said the government attaches top priority to
the socio-economic and political development of
FATA and would take all possible measures to bring
the people of tribal areas into national mainstream.
The President stated this while chairing a meeting,
where he was given briefing on the status of law
and order and development in FATA, here at the
Aiwan-e-Sadr.
Additional Chief Secretary FATA, Arbab Muhammad
Arif gave a detailed briefing on the status of law and
order situation, developmental projects, educational
activities and creation of employment opportunities
for youth in the area and the progress on
implementation of various reforms in FATA.
The meeting was attended by Governor Khyber
Pakhtunkhwa Engineer Shaukatullah, Chief
Secretary Khyber Pakhtunkhwa Muhammad
Shehzad Arbab, and Secretary SAFRON Amjad
Nazir, Secretary to the President Himayatullah Khan
and Additional Secretary Ahmed Farooq.
Source: http://www.app.com.pk/en_/index.php?optio
n=com_content&task=view&id=239230&Itemid=2
FATA women empowerment
urged at seminar
KHAR: Speakers at a seminar on Friday called for
protecting women’s rights in the tribal areas, saying
women empowerment is vital for the progress and
prosperity of the region.
Fata Secretariat’s Special Support Project
organised the seminar, the first ever in the tribal
areas on women’s rights, at Government Girls’
College here in collaboration with United State
Agency for International Development (USAID). A
large number of female students and teachers from
various educational institutions, women activists,
senior officials of the local administration and SSP
participated in the seminar.
The speakers highlighted issues related to women’s
rights with regard to participation in the progress of
tribal areas and said women empowerment was
essential for the development and prosperity of the
tribal areas.
They said recognition of the women’s rights
according to Islam and giving them respect were the
need of the hour.
The speakers said women made over 51 per cent of
the population and the tribal areas couldn’t progress
without involving them in social life and bringing
them into mainstream.
They expressed concern over the increased
violence against women in the tribal areas and
urged the administration, civil society and political
and religious parties to take serious notice of the
issue and create public awareness of violence
against women.
The speakers said the growing incidence of violence
against women was a matter of concern for the
women of the entire tribal areas and the government
should make serious efforts to protect the rights of
women and girls in Fata.
They expressed concern over lack of female
education facilities in the tribal areas and criticised
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the government and the tribal lawmakers for doing
nothing for the promotion of female education in
Fata.
The speakers asked the government to take serious
steps for the improvement of women’s education in
the tribal areas and establish the new girls’ schools
and colleges in all over the tribal areas.
They also urged the government and the local
administration to make functional the female
vocational centres and should set up more centres
across the agency.
Meanwhile, Bajaur Agency Additional Political Agent
Imran Hameed Sheikh on Thursday said the local
administration was taking all possible measures for
the people’s welfare in the militancy-hit areas.
He was speaking at a ceremony organised to
inaugurate the ‘Rural Livelihood and Community
Infrastructure Project (RLCIP)’ under the Multi-
Donor Trust Funds held at Billot area of Mamond
tehsil.
The additional political agent said the administration
was aware of the local residents’ problems caused
by militancy and military operation, which had badly
affected the natural resources, basic facilities and
infrastructure.
“We are striving to ensure early provision of basic
facilities to the people, while a number of schemes
of rehabilitation have been initiated in the region,”
he said.
Source: http://dawn.com/news/1044352
Bajaur parties threaten protest
for LG polls in FATA
KHAR: Speakers at a seminar here on Sunday
threatened to launch a protest movement if
government didn’t announce local bodies’ elections
in Federally Administered Tribal Areas within the
next two weeks.
The seminar titled ‘Democratic process in tribal
areas’ was organised by All Bajaur Political Parties
Alliance that was attended by local leaders of
various political and religious parties, members of
civil society and tribal elders.
All Bajaur Political Parties Alliance president
Maulana Abdur Rasheed, Pakistan Muslim League-
Nawaz leader Haji Rahat Yousaf, Maulana Mustfa
of Jamiat Ulema-i-Islam, Aurangzeb of Pakistan
People’s Party, Gul Dad Khan of Pakistan Tehreek-
i-Insaf and Sardar Khan of Jamaat-i-Islami
addressed the seminar.
They said that democracy was the best system of
governing as it could provide basic civic facilities
and fundamental rights to all citizens.
“Democracy is the guarantee of equal rights to all
humans and it is essential for the protection of rights
of common man,” they said.
The speakers said that imposition of Frontier Crimes
Regulation, absence of constitutional rights and lack
of proper justice system were main hurdles in the
development of tribal areas. They added that people
of tribal areas couldn’t make progress till
constitutional rights and basic civic facilities were
not provided to them.
The speakers said that according to Constitution of
Pakistan tribal areas were part of the country but
residents of Fata were deprived of the fundamental
rights.
“The tribesmen are the most peaceful and patriotic
citizens of the country as they have always
rendered great sacrifices for the country but so far
no ruler is ready to provide equal rights to them,”
they added.
The speakers urged the government to take serious
steps to ensure provision of fundamental rights and
basic civic facilities to the tribal people.
They demanded of the federal government and the
president of the country to speed up efforts for
strengthening democratic process in the tribal
areas.
“Strengthening democratic process and bringing
meaningful reforms in the current tribal system are
needs of the time because these are vital for
promotion of peace and development of tribal
areas,” they said.
The speakers demanded of the president to
introduce local governments system in the tribal
areas.
They said that the local bodies system was vital for
provision of basic facilities to tribal people.
The speakers said that All Bajaur Political Parties
Alliance would launch protest movement if
government didn’t announce local bodies’ elections
in Fata within the next two weeks.
Source: http://www.dawn.com/news/1043246/bajaur
-parties-threaten-protest-for-lg-polls
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Government asked to hold
FATA and KP local elections on
party basis
PESHAWAR: Various civil society organisations on
Wednesday demanded local government elections
on party basis at all levels in the province except for
village councils.
They also urged the provincial government to hold
local body elections in the Federally Administered
Tribal Areas.
CSOs and participants at a series of consultative
meetings suggest local body elections in Khyber
Pakhtunkhwa and FATA be held on party basis.
The demands were made during a joint news
conference here at Peshawar Press Club.
Representative of the Umar Asghar Khan
Foundation Rashida Dohad urged the government
to share the draft amended local body bill with the
relevant stakeholders to address their concerns
before its tabling in the provincial assembly.
She said the government should take the civil
society organisations and other stakeholders before
tabling the draft bill in the assembly so that to
remove the loopholes and make it useful for the
people of the province.
Ms Rashida demanded of the government to
incorporate all recommendations and proposals
given by the social society organisations in the draft
local government bill, which would make the system
more effective and address the issues of the people
on their doorstep.
Accompanied by Mukhtar Bacha of Amn Tehreek,
Maryam Bibi of Khwendo Kor, Professor Sarfraz of
Area Study Centre at Peshawar University and
trade unionist Gul Rehman, she said the proposals
had been drafted during four roundtable meetings
held in different divisions of the province.
The representative of the Umar Asghar Khan
Foundation said in this connection, her organisation
had arranged consultative conferences in
Peshawar, Hazara, Malakand, and DI Khan to get
input and proposals from the people of different
walks of life about the provincial government’s plan
and strategy about the local body elections in the
province.
She said mostly participations at series of the
consultative meetings had suggested that the local
body elections in Khyber Pakhtunkhwa and Fata be
held on party basis.
Ms Rashida said it was also proposed to allocate 33
per cent seats quota for women, 10 per cent for
youth, five percent each for labourers, farmers and
minorities.
“There is a need for establishing the directorate of
election for local bodies polls at all levels, while the
elections should be held on party basis at district,
tehsil and provincial levels except for village
councils, and the law against floor crossing should
be implemented in letter and spirit,” she said.
The representative of the Umar Asghar Khan
Foundation said there should be autonomous three-
categories at village, tehsil, and district levels,
wherein all required administrative setup and
support should be ensured.
She said to keep transparency and fairness in
distribution of funds, a provincial finance
commission should be constituted on the pattern of
National Finance Commission, while the
establishment of District Finance Commission and
Implementation would be the responsibility of
elected members of the provincial assembly and
their monitoring.
Ms Rashida suggested that the involvement of
members of provincial assembly in district level
development projects be restricted, while two
members from ruling and opposition be nominated
for the district finance commission.
She said the district ombudsmen system should be
strengthened to address weakness and irritants in
the local government system.
The representative of the Umar Asghar Khan
Foundation said a local government commission
headed by the minister of local government needed
to be established to resolve financial matters of local
bodies.
She said the members of parliament should focus
on legislation and all other matters relating to
development, health, education and cleanliness
should be supervised by the local body
representatives.
Source: http://www.dawn.com/news/1042323/govt-
asked-to-hold-lg-polls-on-party-basis
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Federal ombudsman powers
extended to FATA
PESHAWAR: The long-standing demand of tribal
people was met on Monday as the powers of federal
ombudsman were extended to the Federally
Administered Tribal Areas (Fata).
The notification to this effect has been issued by the
Ministry of States and Frontier Regions (Safron).
The decision would bring Fata under the jurisdiction
of higher judiciary for the first time in the country’s
history.
It is pertinent to mention here that 30 years after
establishment of the office of federal ombudsman its
jurisdiction was extended to Fata. Under the new
system tribesmen would be able to approach the
office of federal ombudsman against Fata
Secretariat and its subsidiary organisations working
under it.
Source: http://www.dawn.com/news/1041826/federa
l-ombudsmans-powers-extended-to-fata
What does the ombudsman do?
The Federal Ombudsman resolves complaints and
provides relief to the public by carrying out
independent investigations into complaints about
‘maladministration ‘ in any Federal Government
agency (including the FATA Secretariat and the
political administration in the tribal areas).
They work to put things right and share lessons
learned and help improve public services as a
result. Their independent complaints handling
service is free and open to everyone.
How does the ombudsman help?
The Federal Ombudsman aims to redress public
grievances as fairly and quickly as they can, after
examining all facts. If they think the agency you are
complaining about has already treated you fairly,
they will inform you.
If they determine that the agency has acted wrongly,
they will recommend the agency to put things right
for you. This can include recommendations that
relief may be extended to you as per the provisions
in the law.
How can you register a complaint?
Click here to register a complaint with the Federal
Ombudsman. Click here for more information on
registering complaints.
If these links do not work and for more information,
visit the Federal Ombudsman
website: http://www.mohtasib.gov.pk/
Ombudsman Offices
Islamabad
Mr. M. Salman Faruqui, NI
Wafaqi Mohtasib (Ombudsman) Secretariat,
36, Constituation Avenue, G-5/1, Opposite Supreme
Court of Pakistan
Islamabad – Pakistan
Tele: 92-51-921-7200, 921-7201
Fax: 92-51-921-7224
E-mail: ombudsman@mohtasib.gov.pk
Website: http://www.mohtasib.gov.pk
Dera Ismail Khan
H.No. 3/H, Survey No. 178, Qasim Road Cantt,
Dera Ismail Khan
Fax: 0966-9280256
Tele: 0966-9280347
E-mail: wmsrod@mohtasib.gov.pk
Mr. Sang-e-Marjan, Associate Advisor 9280216
Mr. Ihsanullah Babar, Associate Advisor 9280388
Mr. Rashid ullah Khan Kundi, Director 9280164
Mr. Shafqat Ali, Assistant Registrar 9280347
Peshawar
Mr. Muhammad Umar Afridi, Aditional Secretary
(I/C), 9211574
Syed Abid Hussain Bukhari, Consultant, 9211573
Mr. Adalat Khan, Consultant, 9211945
Mr. Ghulam Farooq, Consultant, 9214188
Mr. Firzind Ali, Consultant, 9210663
Mr. Jehanzeb Latif, Director, 9211572
Mr. Fawad Hanif, Consultant, 9213477
Source: http://www.mohtasib.gov.pk/
Imran Khan for Mandela-style
reconciliation in FATA
LAHORE: Pakistan Tehreek-e-Insaaf (PTI) will put
forward four sets of recommendations to the All
Parties Conference convened by Prime Minister
Nawaz Sharif on Monday, the party chief Imran
Khan disclosed on Sunday while addressing
workers and labourers at the Insaf Labour
Convention at Aiwan-e-Iqbal.
Khan announced that PTI will participate in the APC
and present four points:
1. Pakistan must get out of the US war on
terrorism.
2. We must start dialogue to end terrorism.
3. We should adopt policy of reconciliation in
tribal areas on the pattern of Nelson Mandela’s
policy (see explanation below).
7
4. We must conduct a military operation against
those who do not want to do negotiations; but an
APC should be called before launching a military
operation.
He complained that “Khyber-Pakhtunkhwa is the
province most affected by terrorism. I want to know
what the government policy on drone strikes was,
and for that I had requested a closed door meeting
with the interior minister, the chief of army staff and
the prime minister before the APC, but I have
received no response from any quarters.”
He added, “We will try to stand united against
terrorism because without getting rid of this menace
Pakistan cannot progress.”
Source: http://tribune.com.pk/story/601763/braced-
up-imran-wants-mandela-style-reconciliation-in-fata/
Nelson Mandela’s Reconciliation
The Truth and Reconciliation Commission (TRC)
was a court-like restorative justice body assembled
in South Africa after the abolition of apartheid.
Witnesses who were identified as victims of gross
human rights violations were invited to give
statements about their experiences, and some were
selected for public hearings. Perpetrators of
violence could also give testimony and request
amnesty from both civil and criminal prosecution.
The TRC, the first of the nineteen held
internationally to stage public hearings, was seen by
many as a crucial component of the transition to full
and free democracy in South Africa. Despite some
flaws, it is generally (although not universally)
thought to have been successful.
Source: http://en.wikipedia.org/wiki/Truth_and_Reco
nciliation_Commission_(South_Africa)
Truth and Reconciliation Commission
A truth commission or truth and reconciliation
commission is a commission tasked with
discovering and revealing past wrongdoing by a
government (or, depending on the circumstances,
non-state actors also), in the hope of resolving
conflict left over from the past. They are, under
various names, occasionally set up by states
emerging from periods of internal unrest, civil war,
or dictatorship.
South Africa’s Truth and Reconciliation
Commission, established by President Nelson
Mandela and Desmond Tutu after apartheid, is
popularly considered a model of truth commissions.
As government reports, they can provide proof
against historical revisionism of state terrorism and
other crimes and human rights abuses. Truth
commissions are sometimes criticized for allowing
crimes to go unpunished, and creating impunity for
serious human rights abusers. Their roles and
abilities in this respect depend on their mandates,
which vary widely. Often, there is a public mandate
to bring past human rights violators to justice,
though in some cases (such as Argentina after 1983
and Chile after 1990), abuses of human rights have
gone unpunished under truth commissions due to
threats of antidemocratic coups by the powerful
parties who endure in the military.
In this sense, the militaries in question, having
ceded control to a civilian government, insist that
the “price” of ending their own military rule must be
full impunity for any of their past abuses. In some
cases, such as the “Full Stop” law of Argentina that
prevented prosecution of officers of the military
junta, this impunity has been enshrined in law under
the civilian government.
One of the difficult issues that has arisen over the
role of truth commissions in transitional societies,
has centered around what should be the
relationship between truth commissions and criminal
prosecutions.
Source: http://en.wikipedia.org/wiki/Truth_and_reco
nciliation_commission
JI leader suggests local body
elections in FATA
PESHAWAR: Ameer Jamaat-e-Islami FATA
chapter, Sahibzada Haroon-ur-Rasheed, has
stressed the political parties to announce withdrawal
of forces and lifting of curfew from all affected areas
of FATA and ensure respectful repatriation of the
tribal residents in the upcoming All Party
Conference (APC).
He was addressing a meeting of the party here at
Markaz Islami Peshawar on Sunday. General
secretary Jamaat-e-Islami FATA Dr Munsif Khan,
Doctor Samiullah Jan Mehsood and Haji Sardar
Khan were also present on the occasion.
Sahibzada Haroon-ur-Rasheed alleged that security
forces are killing innocent people in military
operations in FATA and it is time for Nawaz
government to stop all these operation in tribal
areas. He also demanded of the government to
release all missing persons and innocent people
from various jails and compensate the affected
families as soon as possible.
He suggested the government to announce
schedule for local bodies’ elections in FATA. They
also passed a resolution in which they condemned
the repeated raids of security forces on the house of
Haroon-ur-Rasheed.
They also criticised the role of Khyber Pakhtunkhwa
governor and termed his policies against the people
8
of Bajaur Agency. He said that without any reason
he was teasing the workers of Jamaat-e-Islami. He
demanded of the federal government to remove
Khyber Pakhtunkhwa governor and announce a
new name in the greater interest of FATA.
Source: http://www.nation.com.pk/pakistan-news-
newspaper-daily-english-online/national/09-Sep-
2013/ji-leader-demands-troops-withdrawal-from-fata
fatareforms.orghttp://www.fatareforms.org/high-court-
questions-arrest-tribesman-fcr/
High Court questions arrest of
tribesman under FCR
PESHAWAR: The Peshawar High Court on
Thursday sought replies from officials of the federal
and provincial government in the arrest of a
tribesman under the Frontier Crimes Regulation
(FCR).
Among those put on notice are Ministry of States
and Frontier Regions secretary, law and
parliamentary affairs secretary, Federally
Administered Tribal Areas (Fata) additional
secretary, secretary of the Home and Tribal Affairs
Department and the provincial advocate general.
A two-member bench comprising Justice Mazhar
Alam Miankhel and Justice Qaiser Rashid accepted
the petition filed by Nizam through his lawyer
Samiullah Afridi. The lawyer informed the bench that
on July 29, 2009 his client was arrested and
sentenced for 20 years with a fine of Rs0.2 million.
Failing to provide the money, he was warned of four
more years of imprisonment. Nizam has been
charged under sections 121A and 122 for anti-state
activities.
Afridi said his client belongs to Bara, Khyber Agency
and the sentence given to him is against the law
because he was not given a fair trial and allowed to
present his defence.
“The FCR is a black law which fails to provide
justice to tribesmen. We have informed our elected
representatives to take concrete steps in this
regard,” the lawyer added.
“Tribesmen elect their representatives during
elections, but when they face a problem they
consult the court. They need to persuade their
representatives to make changes in the FCR and
provide justice to needy people,” Justice Qaiser
Rashid said in his remarks.
The bench then put senior officials of both federal
and provincial governments on notice and said they
should submit their reply by the next hearing.
Source: http://tribune.com.pk/story/600407/draconia
n-law-phc-puts-govt-officials-on-notice-over-
tribesmans-arrest/
Reforms package for FATA
coming soon says PML-N MNA
Shahabuddin Khan
KHAR: PML-N MNA from Bajaur Agency
Shahabuddin Khan on Saturday said that the
federal government would soon announce a reforms
package for FATA which would ensure equal rights
to the tribal people.
He was talking to a delegation of All Bajaur Political
Parties Alliance here on Saturday.
Mr Shahabuddin said Frontier Crimes Regulation
and absence of constitutional rights was the main
hurdle in the way of progress of tribesmen.
He said that FATA was a part of Pakistan and
tribesmen had always rendered valuable sacrifices
for the larger interest of the country, but
unfortunately they had been deprived of
fundamental rights.
He said unlimited powers of political administration,
ignorance and lack of basic citizen rights and social
justice kept the tribesmen backward.
He said he would continue efforts to bring
revolutionary changes in the tribal system.
He said that he had informed Prime Minister Mian
Nawaz Sharif and other senior party leaders about
the problems of tribesmen.
“The prime minister has assured me of making
meaningful reforms in the current tribal system and
also promised to introduce constitutional rights to
the tribal areas,” he said.
Mr Shah said that the federal government had also
increased the annual development funds of Fata
and taken steps to ensure transparency in execution
of development schemes.
He said efforts had been accelerated for
establishing FATA Medical College in Bajaur
Agency and that site had been selected for this
purpose.
“Academic session in the university will start within
months,” he said.
The FATA lawmaker said that the establishment of
the medical college would boost socio-economic
condition of the agency.
On the occasion, leaders of All Bajaur Political
Parties Alliance informed the MNA about the
problems facing the tribesmen in Bajaur Agency.
9
They asked the lawmaker to arrange surprise visits
to public offices, health and education institutions to
ensure their smooth functioning.
They also urged him to highlight their problems in
the National Assembly and convince the federal
government to introduce local government system in
the tribal areas.
Source: http://www.dawn.com/news/1041346/reform
s-package-for-fata-soon-lawmaker
Azmat Hanif Orakzai backs
extension of Right to
Information Law to FATA
PESHAWAR: Participants at an awareness seminar
have highlighted the significant of promulgation of
Right to Information law in Khyber Pakhtunkhwa,
demanded the law to be extended to divisional
headquarters, Provincially Administrative Tribal
Areas (Pata) and Fata.
The access to information is basic right of every
citizen, which can be ensured by implementation of
Right to Information Law in K-P. The RTI law has
been promulgated while keeping in view best
practices at the international level, and the credit
goes to new elected Pakistan Tehreek-e-Insaf led
government to make important legislation under the
global commitment and constitutional requirements,
said Azmat Hanif Orakzai, Secretary Information
Khyber Pakhtunkhwa while speaking at the
seminar as chief guest on Tuesday.
The seminar on titled: “Right to Information
Legislation in Khyber Pakhtunkhwa and Way
Forward” was held at a local hotel. Representatives
from civil society, legal experts, and representatives
from other relevant stakeholders were participated
in the seminar. Participants thoroughly discussed
the recently promulgated Right to Information
ordinance 2013 in KP, asked the government to
take effective steps for its proper implementation,
called for launching a specific awareness campaign
about this important law in the province. Most of
laws were not properly enacted due to certain
reasons and implications, they viewed.
The speakers recommended: “The government
should rectify all those impediments and obstacles
with consultation of relevant stakeholders, and legal
experts before tabling in the provincial legislation
assembly in shape bill”.
They further suggested that the law would enable to
get access to document of public sector institutions,
so it should be extended to divisional headquarters,
Provincially Administration Tribal Areas and
Federally Administrative Tribal Areas as well. Azmat
Orakzai informed that the PTI-led government had
framed a charter of good governance under which
more than 11 laws would be promulgated in the
future, including right to service, conflict interest,
accountability Establishment bill, and importantly
Right to Information ordinance 2013.
While highlighting the salient features of RTI
ordinance 2013 in KP, he informed that a
information commission would be constituted,
saying that a retired justice of Peshawar High Court,
practicing lawyer, eminent citizens recommended by
Human Right Organisation, and a retired bureaucrat
would be appointed as its members. He informed
that the case will be disposed off with maximum 20-
days otherwise the relevant officers would be faced
penalty and fines due to not provision of required
data or information in fixed days under the RTI law.
Mr Orakzai supported that the suggestion of
extending RTI law to PATA and Tribal region. But,
he informed that the recently promulgated RTI
ordinance 2013, will not be implemented on Pata,
Fata and federal public institutions and line
agencies. Zahid Abdullah from CPDI, while
addressing on the occasion said he said an ordinary
citizen would get access to information to
documents of the public institutions, which was
earlier very difficult for everyone.
Giving suggestion for further improvement in RTI
ordinance 2013, he recommended that Peshawar
High Court, should also bring under ambit of this
law, while the penalty for the denial of data or
information under the RTI ordinance by the relevant
officer, would also increased from Rs.250 to per
daily salary basis. Javed Akhtar, from Swabi Society
for Welfare Association (SWWA) also spoke on the
occasion.
Source: http://thefrontierpost.com/fata/?p=87
University of Peshawar holds
National Conference on FATA
Conference participants stressed the need for multi-
dimensional reforms for FATA.
Pakistan Study Centre, University of Peshawar held
3-day National Conference on FATA at Baragali
Summer Camp on 29-31 August, 2013.
In all, 25 paper presenters/intellectuals from all over
the country including 100 delegates attended the
conference. Prof. Dr. Rasool Jan, Vice Chancellor
University of Peshawar, inaugurated the moot. The
Chief Organizer / Director Pakistan Study Centre,
Dr. Fakhr-ul-Islam highlighted the objectives.
Topics of papers included history, culture, Jirga
system, FCR, political participation, insurgency,
economic and social sector development.
10
FATA Research Centre (FRC) was represented by
Muhammad Zaheer Khan, Programme Manager, he
presented a paper on the “Post US Withdrawal
Scenario In Afghanistan: Implications for Peace and
Development in FATA”.
Every paper was followed by lively discussion /
questions / answers Session. It has been decided
that proceedings of the conference will be published
soon.
On the concluding day, the conference approved a
joint declaration which reads as “The National
Conference on FATA held at Baragali Summer
Camp University of Peshawar on 29-31 August
2013 expresses its solidarity with the people of
FATA and regrets that people of that area have
been kept deprived of all the rights available to the
settled areas of Pakistan.”
“The causes of unrest in FATA are poverty, bad
governance, Draconian laws, institutional corruption,
and political, economic and social deprivation.”
The statement went on to state that, “The causes of
unrest in FATA are many which include poverty, bad
governance, Draconian laws, institutional corruption,
and political, economic and social deprivation.
However, the most important of the causes is the
ongoing insurgency. This insurgency needs to be
stopped through engaging the non-State actors in
dialogue.”
The conference termed “Drone Attacks” in FATA
unlawful, unjust, counter-productive and detrimental
to the sovereignty of Pakistan, indicating that ”these
attacks should be stopped through aggressive
diplomacy.”
The conference felt the need of multi-dimensional
reforms in the area. The conference urged upon the
government that “in devising policy for FATA, total
reliance on bureaucracy should be minimized and
opinion of academia and civil society may also be
taken into consideration”.
Source: http://frc.com.pk/news/national-conference-
on-fata
FATA lawyers demand
Supreme Court reach be
extended to tribal areas
PESHAWAR: A lawyers’ forum from the Federally
Administered Tribal Areas (FATA) has asked the
government to extend jurisdiction of the Supreme
Court and high court to the tribal areas.
Addressing a press conference at the press club on
Monday, the president of FATA Lawyers Forum
(FLF) Muhammad Ijaz Mohmand said the area has
been neglected since the creation of Pakistan and
now the world calls it a ‘crime zone’.
“No one is interested in bringing any change in the
war-torn area,” said Mohmand, adding they
expected much from the new government but it has
not even talked about the oppression in FATA.
“Extension of the Political Parties Act does not make
sense when the tribesmen do not have any
decision-making powers,” Mohmand argued, adding
the previous government considered it a huge
success but people are still subjected to the same
tyrannical rule.
At the press conference, FLF member Taj Mahal
Afridi alleged non-governmental organisations get
funds from international donors for the tribal region
and pocket the money. “No one wants to change
our condition as this is an easy source of income,”
he alleged.
The FATA Tribunal created to provide quick justice
to the tribal areas has been subjected to criticism
after a retired bureaucrat was hired to pass
judgments. “Hundreds of people are languishing in
jails around FATA since the last two years and
nobody has been presented for trial,” said Afridi.
The forum asked the federal government to extend
the jurisdictions of the supreme and high courts to
FATA and ensure “provision of basic human rights
as enshrined in the Constitution of Pakistan.”
Source: http://tribune.com.pk/story/595554/demand-
for-reforms-lawyers-demand-scs-reach-be-
extended-to-tribal-areas/
Shakil Afridi case exposes
flaws in FATA judicial system
The verdict given by Frontier Crimes Regulation
(FCR) Commissioner in the case of Dr Shakil Afridi
exposed shortcomings in the judicial system
enforced in Federally Administered Tribal Areas
(FATA) for the last over a century.
Peshawar Commissioner Sahibzada Mohammad
Anees, who has been delegated powers of FCR
commissioner under section 48 of the Regulation,
on Aug 29 set aside conviction of Dr Shakil and sent
the case back to Khyber Agency political agent for
re-trial.
Dr Shakil, a former agency surgeon, was arrested in
May 2011 on suspicion of helping the American CIA
to track down Osama bin Laden through a fake
hepatitis vaccination campaign in Abbottabad.
However, he was not convicted for that offence and
instead was found guilty by an assistant political
agent in his capacity as additional district magistrate
on May 23, 2012, of having links with militants,
11
especially those belonging to Bara-based
proscribed organisation, Lashkar-i-Islam.
The APA sentenced him to prison terms on different
counts totalling 33 years imprisonment.
Section 50 of FCR provides that the appellate
authority, which is the commissioner, should decide
an appeal within 60 days. However, in the instant
case the commissioner took around 15 months just
to remand the case back without touching its merit.
Interestingly, the FCR commissioner has delivered a
single-page judgment wherein he did not mention
any specific legal ground for remanding back the
case for re-trial. The only reason he has given in the
verdict for remanding the case back is: “I am of the
view that such a serious nature case should have
been tried by the political agent himself under
proper law andRewaj so as to ensure absence of
iota of any doubt regarding merit and transparency.
Therefore, the subject case is remanded back to
political agent/session judge Khyber Agency in
order to weigh afresh the pro and against
arguments of both the parties under law
and Rewaj.”
The commissioner ruled that the appellant would not
be released on bail till the final conclusion of the
case.
The Code of Criminal Procedure (CrPC) 1898,
which is the procedural law for criminal cases, was
extended to tribal areas by the then British governor
general through a notification on Sept 3, 1939.
However, its provisions have rarely been followed
and the procedural law is FCR 1901 under which in
civil and criminal cases council of elders has been
constituted and on the basis of its findings the
political agent or the APA passes the order.
Interestingly, the administrative officers in an
agency have been supervising administration,
prosecution and judicial system. In such
circumstances there could be no hope of a fair trial
in the tribal areas.
Section 11 of FCR is the most important section in
criminal cases. It provides whenever an offense of
which the PA is competent to take cognisance is
committed, the case shall be registered and the
accused shall be produced before the APA within 24
hours of the arrest. The PA shall refer the case to
the council of elders for finding of guilt or innocence
of the suspect and the council after holding
necessary inquiry and hearing the parties and
witnesses, submit its findings to the PA.
On receipt of the findings of the council, the PA may
pass an order in accordance with the findings of the
majority of the council or remand the case to the
council for further inquiry and findings.
Through the Constitution (Eighteenth Amendment)
Act 2010, Article 10-A was incorporated in the
Constitution of Pakistan which states: “For the
determination of his civil rights and obligations or in
any criminal charge against him a person shall be
entitled to a fair trial and due process.” This
provision can be implemented in rest of the country,
however, the inhabitants of FATA are not fortunate
enough to even think of a fair trial.
The Qanoon-i-Shahadat Order 1984, which is the
law of the evidence in rest of the country, has so far
not been extended to FATA.
Similarly, the provisions of CrPC related to
recording statement of a witness in a criminal case
have also not been followed. Section 164 of CrPC
empowers a magistrate to record confessional
statement of a suspect or a witness in a case.
The accused person has the right to cross-examine
a witness appearing against him in a court of law,
but in FATA there is no concept of cross-
examination of prosecution witnesses.
The appellate forum also consists of the
commissioner, who is an administrative officer and
not a judicial one. Similarly, a decision of the
commissioner can be challenged before a three-
member FATA Tribunal through a revision petition.
However, presently, two of the members of the
tribunal are retired government servants and the
third one is a lawyer. Thus, this tribunal also can’t
be called a judicial forum independent of the
influence of the executive.
“Apparently, there is no use of sending back the
case to the PA as he is part and parcel of the same
oppressive system and can’t make an independent
decision,” said Advocate Samiullah Afridi, the lead
counsel of Dr Shakil Afridi.
He said that the PA had to reconstitute council of
elders and it would have to give fresh findings on
the charges levelled against Dr Shakil. The counsel
alleged that in the earlier trial his client was
convicted in a single day.
“Article 275 of the Constitution provides that the
judiciary should be separated from the executive,
but that provision has not been implemented in
FATA where executive officers have been
performing as judicial officers,” said Noor Alam
Khan, an advocate of the Supreme Court.
He said that unless the jurisdiction of superior courts
including the Supreme Court and Peshawar High
Court had not been extended to tribal areas
fundamental rights provided in the constitution could
not be enforced.
12
By Waseem Ahmad Shah
Source: http://www.dawn.com/news/1039982/dr-
shakil-case-exposes-flaws-in-fata-judicial-system
Bajaur PkMAP urges FATA
reforms implementation
KHAR: Pakhtunkhwa Milli Awami Party (PkMAP),
Bajaur Agency, on Tuesday urged the government
to implement reforms in Federally Administered
Tribal Areas (FATA) and immediately extend
constitutional rights to the tribal areas, saying that
lack of basic civil rights was the main cause of
backwardness of the area.
Speaking at a press conference here, local PkMAP
leaders, including its president Asghar Khan, Lehaz
Gul and Azam Khan, expressed concern over delay
in implementation of reforms in the Frontier Crimes
Regulation (FCR).
Mr Asghar said that the government had turned the
FATA reforms into a joke as no visible change was
seen in the tribal areas since the reforms were
announced.
It seemed the government is not interested in
bringing positive changes in the area, he said.
He said that besides swift implementation of reforms
in FATA the government should take additional
steps for change in tribal system because the
reforms alone were insufficient to solve problems of
tribesmen.
They said that PkMAP chief Mehmood Khan
Achakzai would soon present a resolution in the
National Assembly for awarding the FATA a status
of a separate province.
The PkMAP activists urged the government to
extend fundamental rights to the tribal areas and
said that provision of basic constitutional rights was
vital to the development of FATA.
They said that the jurisdiction of Supreme Court and
high court should be extended to the FATA and the
tribal areas be regulated under the 1973
Constitution rather than the FCR.
Source: http://www.dawn.com/news/1038858/imple
mentation-of-fata-reforms-urged
Government asked to extend
Supreme Court to FATA
PESHAWAR: The lawyers from tribal areas have
expressed reservations over amendments in
Frontier Crimes Regulation (FCR) and demanded of
the government to extend the jurisdiction of apex
court to FATA.
Addressing a press conference here on Monday,
FATA Lawyers Forum president Ijaz Mohmand said
that FCR was amended during the previous
government but the changes were not implemented
so far.
“FATA needs proper attention and focus to end
deprivation among tribal people.”
Flanked by FLF general secretary Taj Mahal Afridi,
joint secretary Farhad and others, he said that
political agents still had absolute authority in FATA
despite introduction of amendments to FCR.
Mr Mohmand alleged that political agents were
playing with lives, honour and properties of tribal
people as they enjoyed unlimited powers. Tribal
people had no value in the prevailing situation as
law and constitution had no importance in FATA, he
added.
The masses, the FLF president said, were not given
the right to raise voice for their rights and that was
why the political administration was victimising them
by exercising its unlawful powers.
Mr Mohmand said that government should have
brought FATA under the parliament through the
18th Amendment. FATA parliamentarians also failed
to raise voice for the rights of their people, he
added.
He said that tribal people were awarded punishment
in violation of the basic human rights owing to
absence of an effective judicial system in FATA. He
demanded of the government to extend regular law
to FATA under Article 247 of the Constitution so that
poor tribal people could live with peace.
Mr Mohmand said that the extension of jurisdiction
of courts to FATA would end the bureaucratic
hurdles that would also help in eradication of
terrorism and mainstreaming the tribal society.
He said that change was impossible under the
present bureaucratic system of federal government
in FATA as it was creating hurdles in bringing tribal
areas in the mainstream and mitigating problems of
the militancy-affected tribal people.
“FATA needs proper attention and focus to end
sense of deprivation among the tribal people,” Mr
Mohmand said. He added that FATA was
deliberately kept backward in all fields and
successive governments failed to give rights and
due status to tribal people.
The reforms introduced by the previous government
in FCR didn’t bring any change in the fate of tribal
people rather their problems were further
complicated. “Change is impossible without
extension of jurisdiction of superior courts to FATA,”
he added. The leader of tribal lawyers said that they
13
had great expectations from the incumbent
government but its policies showed that government
was not sincere to solve problems of tribal people.
The federal government, he said, was yet to
formulate or announce a policy for the resolution of
the problems being faced by the tribesmen. He
added that FATA had never been a priority of the
successive governments.
Mr Mohmand said if federal government wanted to
bring any change in FATA then it should extend the
jurisdiction of Supreme Court and Peshawar High
Court to tribal areas.
He said that the administrative issues would be
automatically resolved in FATA with the extension of
courts’ jurisdiction to the area. He called for holding
a referendum on creation of FATA council.
The FLF, Mr Mohmand said, would raise voice for
solution of the issue at all forums. He asked the civil
society organisations and media to extend support
to legal fraternity in that regard.
Source: http://dawn.com/news/1038655/govt-asked-
to-extend-sc-jurisdiction-to-fata
FATA parliamentarians agree to
amend Article 247
The FATA Lawyer’s Forum arranged a meeting with
all FATA parliamentarians in parliament lodges on
21 August 2013 and convinced them to pass a
resolution from the National Assembly and Senate
of Pakistan to make necessary amendments to
Article 247 (7) of the Constitution of Pakistan 1973.
FATA Senators and MNAs unanimously agreed and
assured the FATA Lawyer’s Forum to draft the
amendment and with the help of ruling party to pass
the same in the National Assembly and Senate.
On 22 August 2013, the Supreme Court Bar
Association of Pakistan (SCBAP) passed a
resolution on the special request of the FATA
Lawyer’s Forum. The contents of the resolution are:
1. Enforcement of fundamental rights in FATA
2. Extension of jurisdiction of High Courts and
Supreme Court to FATA
3. Rule of law in FATA
FATA Lawyer’s Forum President Ijaz Mohmand
spoke to media and stated that it is the time to bring
FATA into the mainstream of politics that the FATA
Lawyer’s Forum asks for rule of law in FATA.
“We are lawyers and demand these all within the
sphere of law,” he said, indicating that FATA
lawyers will meet with all prominent politicians to
pass the same resolution from parliament.
Source: https://www.facebook.com/photo.php?fbid=
524376847632100&set=a.444481428954976.96687
.443903895679396&type=1
KP governor directs inception
of FATA Youth Assembly
Directive dated August 26, 2013 from the Khyber
Pakhtunkhwa governor to the FATA additional chief
secretary in the FATA Secretariat:
I am directed to refer to the above noted subject and
to state that delegates of Kyhber Pakhtunkhwa
Youth Assembly led by their Chief Minister,
Ministers, Opposition Leader and Youth
Parliamentarians, met the Governor Khyber
Pakhtunkhwa on August 23, 2013.
During discussion it transpired that Pakistan
Institute of Legislative Development and
Transparency (PILDAT), with support of Assembly
Secretariat Khyber Pakhtunkhwa, has established a
Youth Assembly KP on pattern of Pakistan Youth
Assembly where youngsters, girls and boys are
elected to form a forum to teach them democratic
norms and inculcate leadership qualities in them.
The Governor informed them that FATA students
have already formed a voluntary, self-financed
FATA Youth Forum but require proper patronage.
He also informed that about the youth policy being
finalized under the guidance of Senator Rubina
Khalid and Ms Mehreen Afridi of the FATA Youth
Forum.
Consequent to discussion, the Governor Khyber
Pakhtunkhwa was pleased to direct them as under:
1. PILDAT would be requested to provide
equivalent support in the formation of the FATA
Youth Assembly on exactly the same pattern;
2. In this regard, PILDAT will coordinate with
Senator Rubina Khalid, FATA Youth Forum and
the Directorate of Youth Affairs FATA;
3. From the government side, Mr Arshad Majeed,
Secretary FIFA FATA and Mr Faisal Jamil Shah,
Director Sports and Youth Affairs will be the
focal persons;
4. Funding requirement for the initiative will be
provided through a non-ADP scheme;
5. The FATA Youth Assembly will be a perpetual
initiative with sessions in Islamabad and FATA
Secretariat Peshawar;
6. Special instructions would be issued to all
government offices etc to provide time and
information to the Youth Assembly Members so
that they could carry out research work and
bring forth workable proposals.
14
Source: https://www.facebook.com/photo.php?fbid=
460904074017561
Higher Education Commission
asks to double FATA quota at
universities
ISLAMABAD: Higher Education Commission (HEC)
Chairman Javaid Laghari has written a letter to the
vice chancellors of all universities to double the
admission quotas for students from the Federally
Administered Tribal Areas (Fata) from one to two
per cent.
“Fata is at a crossroad and the current mayhem and
chaos in tribal areas could directly be linked to lack
of opportunities for the local populace,” he wrote in
his letter.
“The disgruntled youth can easily fall prey to the lure
of extremists and there is also a dearth of
educational institutions in Fata. The situation
warrants urgent action from all and sundry,” he said.
The prime minister has also issued directives to
provinces to make arrangements to reserve at least
two per cent of seats for Fata students in medical,
engineering and other professional institutions and
universities, the letter said.
Meanwhile, the HEC has also decided to award
foreign PhD scholarships to working journalists from
Fata under the “Provision of higher education
opportunities for the students of Balochistan and
Fata” project. These scholarships will be provided
for PhD studies at leading universities in USA, UK,
Canada, Australia and New Zealand for spring 2014
session. Working journalists with Fata domiciles and
master or equivalent degrees in journalism would be
eligible to apply.
HEC has also decided to award foreign PhD
scholarships to working journalists from Fata under
the provision of higher education opportunities for
the students of Balochistan and FATA.
Source: http://tribune.com.pk/story/594405/fata-
students-vcs-asked-to-enhance-admission-quota/
Ex-servicemen want local body
elections in FATA
BAJAUR AGENCY: Ex-Serviceman Society FATA
GS Kemya Khan Afridi has said that along with the
other parts of the country, the government should
also conduct Local Government elections in FATA.
While talking to media persons in Khar, the Ex-
serviceman Society leader said that government
was getting preparations to hold local bodies
election in the country, but the government has not
made it clear whether it would hold the same
elections in the tribal regions or not. He urged the
PML-N-led federal government to conduct local
bodies’ elections in FATA as it would further
strengthen the democratic culture in the tribal areas.
“Power can be easily devolved at the grass root
level through holding local bodies elections in FATA,
KK Afridi argued, saying the government should not
deprive the tribesmen of this basic right.”
“The tribal people will neither accept nominated
local bodies nor keep silent if local bodies elections
were not held in tribal regions, the Ex-serviceman
Society leader remarked. KK Afridi demanded of the
government to conduct LG elections at the same
day with the other parts of Pakistan. He said that
deprivation of the tribal people from their social,
political and constitutional rights would lead to
conflict and backwardness in the region.
The Ex-Serviceman Society FATA leader also urged
the government to bring the bureaucracy working in
FATA under the local governments so that speedy
welfare and development could be started in FATA.
The political administration should be made
accountable and answerable to the elected
representatives in FATA, he suggested, saying
continuation of the chaotic situation would further
aggravate the problems in FATA.
KK Afridi asked the government to explain its
position whether it is willing to hold local bodies
elections in FATA or not.
Source: http://thefrontierpost.com/fata/?p=49
Bajaur political leaders
resolved to secure basic rights
BAJAUR AGENCY: All Bajaur Political Parties
Alliance has showed concern over what they called
awful behavior of the government officials with the
tribesmen and resolved that efforts would be made
to secure basic rights of people of the region.
The decision was made at a meeting of the alliance
here at the residence of former MNA Akhund Zada
Chattan here on Thrusday at Khar.
The alliance president, former senator Maulana
Abdur Rasheed, chaired the meeting, which was
addressed by member central executive committee
of Pakistan People`s Party Mr Aurangzeb, Mr
Chattan, Awami National Party`s Attaullah Khan,
Rahat Yousaf of Pakistan Muslim League-Nawaz
and Jamaat-i-Islami`s Fata chief Sahibzada Haroon
Rasheed.
They said that complaints about misconduct of
officials of political administration with poor
tribesmen were increasing day by day since the
15
establishment of government writ in Bajaur Agency.
They said that people had been suffering at the
hands of officials without committing any crime.
“We do not know the reason for the misbehavior of
the officials with our citizens, but this is certainly
going to create mistrust between the administration
and people”, said Haroon Rasheed.
He claimed that the officials had been arresting a
large number of tribesmen daily under the collective
responsibility law, only to release them after
receiving bribe in the cover of fine.
Source: http://www.fatareforms.org/bajaur-political-
leaders-resolved-to-secure-basic-rights/
PM Nawaz Sharif urges FATA
mainstreaming
Prime Minister Nawaz Sharif on Thursday stressed
the need for mainstreaming FATA and bringing it at
par with rest of the country. The PM expressed
these views during a meeting with a delegation of
Senators from FATA, who called on him here at the
PM Office. Nawaz said his government was
committed to work for the socio-economic uplift of
FATA and to improve the living standard of the
people of those areas. The overall political situation
with special focus on the law and order situation in
the country and FATA came under discussion
during the meeting.
Source: http://www.nation.com.pk/pakistan-news-
newspaper-daily-english-online/islamabad/26-Jul-
2013/prime-minister-stresses-fata-development
Local body elections demanded
in tribal areas
Senior Jamaat-e-Islami FATA leader and member of
the Political Parties Joint Committee on FATA
Reforms Zar Noor Afridi has said that along with the
other parts of the country, the government should
conduct local government elections in FATA.
While talking to media persons in Landikotal, Afridi
said that the government was making preparations
to hold local body elections in the country, but that
the government has not made it clear whether or not
it would hold the same elections in the tribal regions.
Afridi urged the PML-N-led federal government to
conduct local government elections in FATA as it
would further strengthen democratic culture in the
tribal areas.
“Power can be easily devolved to the grassroots
level by holding local body elections in FATA,” Afridi
argued, addoing that the government should not
deprive the tribesmen of this basic right.
“The tribal people will neither accept nominated
local bodies nor will they keep silent if local body
elections are not held in the tribal areas,” the JI
leader remarked. Afridi demanded that the
government conduct local government elections at
the same time as those in other parts of Pakistan.
He said that depriving tribal people of their social,
political and constitutional rights would lead to
conflict and backwardness in the region.
The JI FATA leader also urged the government to
bring the bureaucracy (aka political administration)
working in FATA under the control of newly elected
local governments so that speedy welfare and
development could be started. The political
administration should be made accountable and
answerable to new local elected representatives in
FATA, Afridi suggested, saying that any
continuation of the current chaotic situation would
further aggravate problems in FATA. He further
asked the government to explain its position and
make clear whether it is willing to hold local body
elections in FATA or not .
Source: http://allvoices.com/contributed-
news/15100189-local-bodies-elections-demanded-
in-tribal-regions
FATA Democratic Movement, a
new voice for reforms
FATA Democratic Movement is an organization
representing the whole of FATA, founded a few
years ago in Jamrud in Khyber Agency at the Hujra
of Abdul Rahim Afridi, former President of the
Awami National Party in Khyber Agency. Master
Khan Habib Afridi (late) was chosen as the first
convener while Abdul Rahim Afridi was declared the
official spokesman of FATA Democratic Movement
(FDM).
At his first press conference, new acting FDM
President Abdul Rahim Afridi addressed the media
at the Peshawar Press Club, stating that FATA
Democratic Movement is a purely political
organization but that it has no affiliation with any
particular group or political party. All political parties,
groups and individuals are welcome and
encouraged to join as members as long as they
agree with the goals and objectives of the
organization.
FDM was established to bring together and
represent like-minded political parties and
individuals who want a positive change for FATA
and its people. Changes needed include political,
constitutional, administrative and judicial reforms.
FDM spokesperson Zar Ali Khan Afridi stated that,
“We are living in a world filled with darkness and
despair and this world is called FATA. Keeping
16
people living as unsettled ‘tribals’ in the 21st century
is a disgrace to the citizens of FATA.”
“While many nations of the world achieved
independence, we the people of FATA continue to
be fettered by the Frontier Crimes Regulation
(FCR), imposed over a century ago. While the world
has changed completely, it is now the time to rise up
and work for positive change in FATA, in our tribal
areas.”
FDM spokespersons went on to indicate that, “In
1956, the FCR was abolished from the then-named
North West Frontier Province. Since then, it was
also repealed in Khyber Pakhtunkhwa and
Baluchistan but remains in force in FATA. This law
is a blatant human rights violation of the people of
FATA.”
At present, there are twenty elected
parliamentarians for FATA in the upper and lower
houses (Senate and National Assembly) in
Pakistan. Ironically, however, these so-called
‘representatives’ are prohibited by law from
legislating for the FATA people, due to fact that
Article 247 of the Constitution of Pakistan gives all
such powers to the President of Pakistan.
FCR amendments and other political reforms
announced and enacted by the President of
Pakistan in August 2011 brought a sigh of relief to
tribal citizens as they permitted political parties to
engage (to some extent) in FATA and create
political awareness among the people.
FDM indicated that, “Had the government also
announced some representation in the provincial
assembly of Khyber Pakhtunkhwa, it would have
been an improvement and people might have
relaxed, politically. This reform, however, was
delayed by one pretext or another.”
FATA Democratic Movement is the voice of nearly
all tribal people engaged in the struggle for the
political and human rights of the people of FATA.
FDM works to emancipate them from the clutches of
the cruel political and legal systems currently in
place in FATA. Initially, FDM has two main
objectives:
1. Complete abolition of the Frontier Crimes
Regulation (FCR); and
2. Representation for FATA in the provincial
assembly of Khyber Pakhtunkhwa.
FDM is building consensus on these two important
objectives in FATA and intends to hold a Jirga of
150 tribal political activists, civil society
organizations, lawyers, tribal mashran, Maliks,
teachers, students, women and people from all
walks of life to participate and share their
experiences, ideas and debate the pros and cons of
these objectives for the future of FATA and its
people. FDM is the native movement from FATA
and has a representation in nearly all tribal agencies
and FRs.
In addition to the work of FDM, other groups are
busy working for reforms in FATA. Now is the time
for all reformers, political parties, civil society
organizations, media, teachers, students, lawyers,
trade unions, women organizations and so on to join
hands and work collectively to bring changes to the
current system in the tribal areas.
Although some amendments have been announced,
they are few and not enough. Further reforms are
needed, such as the basic and fundamental
changes needed to Article 247 of the constitution
and handing over FATA legislation powers from the
president to parliament. In addition, jurisdiction of
the superior courts must be extended to FATA and
an elected and empowered FATA council should be
established and given power to present
recommendations and suggestions to the President
of Pakistan regarding the future status of FATA.
After the sudden death of its founding convener, Ijaz
Afridi was nominated for a brief period and Abdul
Rahim Afridi was named FDM president. After his
departure to United States, Raees Norat Khan Afridi
was named convener and Zar Ali Khan Afridi
spokesman.
Among FDM founding members are: Raees Norat
Khan Afridi, Ijaz Afridi, Ghani Rehman, Saleem
khan, shabir Khan, Ameer Khan Akakhel, Manzoor
Afridi (Jamrud, Khyber Agency), Gul Nawaz
Tarakzai (Mohmand Agency), Ikram Khan (Bajaur),
Noor Aslam Khan Afridi and Majeed Khan Afridi (FR
Kohat), Naseem Khan Wazir (FR Bannu), Malik
Shaukat (FR Lakki), Daud Khan Sherani and
Engineer Shahi Khan Sherani (FR DI Khan), Malik
Luqman Afridi, Brigadier Gul Mansher Afridi and Zar
Ali Khan (FR Peshawar).
Source: http://www.fatareforms.org/fata-democratic-
movement-a-new-voice-for-reforms-in-fata/
High Court issues notices to
Mohmand and Khyber political
agents
PESHAWAR: The Peshawar High Court (PHC) on
Tuesday asked the political authorities of tribal
agencies to explain illegal detention of citizens on
the next hearing.
A two-member bench comprising Justice Nisar
Hussain Khan and Justice Musarrat Hilali issued
show-cause notices to political agents (PAs) of
Mohmand and Khyber tribal regions and Assistant
Political Agent (APA) Jamrud and superintendent
17
Peshawar Central Prison, directing them to explain
the reason for detention of the citizens on the next
hearing of the case August 27. The bench issued
notice to PA Mohmand Agency in a habeas corpus
petition of Muhammad Islam, in which he claimed
that the official had kept his brother Abdul Wadood
in his illegal detention for the past five months
without any charges.
Zartaj Anwar, the petitioner’s lawyer submitted
before the bench that the family members through a
jirga of tribal elders handed over the detainee for
three days to PA Mohmand on November 11, 2012
after his request that the Mahsud Scouts wanted
some interrogation from him. He argued that the PA
Mohmand then kept the detainee at his lockup
without any reason. After five months, he said the
PA released him on bail.
After nine months of the release, he said the PA
Mohmand again arrested the detainee and kept at
his illegal detention to date. The petitioner said that
his brother had a job at Telenor Mobile Company as
he did his diploma in engineering.
The bench also issued show-cause notice to PA
Khyber Agency and Jamrud APA for violating the
Fata Tribunal order and keeping a citizen in an
illegal detention even after the court’s order.
The bench also put on notice superintendent
Peshawar Central Prison, directing him to explain
why he kept the petitioner in prison even after the
Fata Tribunal (an appellate court for APA, PA and
FCR Commissioner’s courts) order regarding his
release. The detainee, Pirzada had claimed in his
petition that on July 14, 2012 during military
operation he was arrested by Mehsud Scouts and
then handed over to the political administration.
He said the political authorities sentenced him for
seven years for his alleged links with militants
against which he approached the Fata Tribunal. He
said the tribunal acquitted him in the case on June
10, 2013.
He said the political authorities did not release him
from the Peshawar Central Prison even after the
Fata Tribunal decision. He said the political
authorities filed a review petition in the Fata Tribunal
against his acquittal, which was also dismissed. To
keep him in illegal detention, he claimed that
political authorities booked him in a false case in
back date of 2007.
Source: http://www.thenews.com.pk/Todays-News-
2-195792-PHC-issues-notices-to-Mohmand,-
Khyber-PAs
Khyber Political Agent accused
of bias against tribal journalists
A meeting of tribal journalists was held in the
Landikotal Press Club with President Ahmad Nabi
Shinwari on Friday. The journalists condemned
actions of the Khyber Agency Political Agent
Motahir Zib, which they said amounted to
intimidation of local journalists. The political
administration official is allegedly telling Khyber
journalists in Landikotal not to report on the real
problems of tribal citizens in the Agency.
“The Political Agent in Khyber has specifically
targeted some of the senior journalists at
Landikotal,” observed some of the journalists in the
meeting, adding that because of their reporting on
the location of proxy Khasadars in the force, the
Political Agent has resorted to unfair and biased
actions against them. The tribal journalists refused
to compromise on their principles and basic rights,
however, and the Political Agent turned on them as
a result.
Journalists indicated that the official had issued
orders to dismantle additional check posts on
the Khyber Pass, but so far could not do so
because of corruption and illegal fee-charging at the
check post. Some present at the meeting
threatened to increase their protest throughout the
Agency to expose the Political Agent’s abuse of
power. The journalists have also called on the
government to take immediate action against the
official and to remove him from Khyber Agency.
Source: http://www.allvoices.com/contributed-
news/14977346-pa-khyber-is-biased-against-tribal-
journalists
Supreme Court says laws must
extend to FATA
ISLAMABAD: Observing that missing persons
seemed to be detained in internment centers in
tribal areas, the Supreme Court on Monday asked
the federal government to extend its laws to both
the federally and provincially administered tribal
areas, to ensure the fundamental rights of citizens
living there.
“Federation of Pakistan must take steps to extend
laws to Federally Administered Tribal Areas (FATA)
and Provincially Administered Tribal Areas (PATA).
When you take their elected representatives in the
assemblies then why are the people not getting their
rights,” observed Chief Justice Iftikhar Muhammad
Chaudhry, who was heading a three-judge bench.
“The government has informed us that there are 504
missing persons and there are seven internment
18
centers in different areas of PATA and FATA,” said
Justice Khawaja, one of the members of the bench,
hearing cases of the missing persons
The chief justice observed that if someone was
found involved in criminal activity, they should be
put to a fair trial in accordance with rules and laws. “
Issuing notices to the FATA and PATA secretaries,
the bench sought the complete record of the
detained persons and reports regarding periodical
meetings of the review boards renewing the
detention orders of the detained persons.
The bench was keen to know whether the detained
persons were being treated as per the frontier
regulations and whether the law was being adhered
to.
Hearing multiple cases of enforced disappearances,
the bench also directed the authorities to arrange a
meeting of the detained persons and their families
and adjourned hearing till July 29.
Taking up the separate cases of disappearance of
two brothers respectively from Dera Ismail Khan
and Bhakhar, the bench asked the Inspectors
General (IG) of Khyber Pakhtunkhwa and Punjab to
explain what action had been taken for the recovery
of the individuals.
Deputy Attorney General Tariq Khokhar informed
the bench that two separate FIRs were registered
last year soon after the incidents of disappearance
were reported.
Khokhar informed the bench that officials of relevant
police stations had been nominated in the FIRs;
however, he was not aware as to what action had
so far been taken against the accused officials.
Taking notice of the plight of the missing person’s
families, the chief justice asked the additional
attorney general to make sure that the
compensations were paid to the families as travel
allowance in accordance with Justice retired
Mansoor Alam Commission Report’s
recommendations.
Published in The Express Tribune, July 16th, 2013.
Source: http://tribune.com.pk/story/577533/internme
nt-centres-in-fata-laws-must-extend-to-tribalareas-
states-sc
Zardari sends new reforms
memorandum to PM
ISLAMABAD: A memorandum of FATA Grand
Assembly regarding ensuring implementation of
reforms in tribal areas has been sent to government
from president house. An Autonomous FATA
Council has been suggested on the pattern on
National Assembly in the tribal areas where
governor and FATA Secretariat would be
answerable before FATA Council. Meanwhile local
body elections have been demanded in tribal
agencies on a fast track basis.
According to sources, the memorandum comprising
FATA reforms for tribals has been sent to
government from the president house. The
government after finalizing the draft of reforms
would send it to president house for official approval
and presidential order would be issued for
implementation over FATA reforms.
The proposals presented by FATA Grand Assembly
to President Asif Ali Zardari in the previous days
said that joint declaration of tribes could prove
fruitful to bring and ensure peace in the tribal areas.
The president has been appealed for FATA reforms
that package of reforms of 2010 should be
implemented on the fast track basis. The
constitutional amendments should be done after
taking members of parliament of FATA into
confidence so that the tribal members could take
part in legislation regarding FATA. The fundamental
rights should be extended up to FATA as done in
the other parts of the country and the right to define
the status should be given to people of FATA.
Moreover, FATA council should be elected on the
basis of franchise and it should be given the right to
present suggestion to the president. The district
government system should be introduced in FATA.
The Jirga System should be empowered. The
political administration should be held accountable
before elected members of district government.
There should be reserve seats for women of FATA
in Senate and National Assembly.
Source: http://www.sananews.net/english/memoran
dum-of-fata-grand-assembly-regarding-ensuring-
implementation-of-reforms-in-tribal-areas-sent-to-
govt-from-presidency/
FATA citizens demand local
government elections
Members of the FATA Local Council Association
have demanded the government to hold local body
elections in tribal region after the directive of
superior judiciary.
Speaking at a news conference here at press club
on Friday, Association President Shahjehan Afridi
said that Supreme Court issued clear-cut directives
for holding LG elections by September in the
country that reflecting seriousness of Chief Justice
Iftikhar Muhammad Chaudhry. “The move is a
welcoming step but the tribal region is ignored for
19
bringing power at grassroots level by holding local
body elections in FATA,” he maintained.
Afridi called for holding LB polls in FATA as per
schedule announced for other parts of the country,
adding the tribesmen could be able to elect public
representatives through a democratic process.
Flanked by the Association General Secretary
Javed Afridi and other officer-bearers, he said that
positive activities would be started after conducting
local body elections in FATA while it could also
provide opportunity to tribesmen to elect real
leadership with power of their votes.
Local government elections should be held in
Khyber Pakhtunkhwa and tribal areas
simultaneously so that tribal people could get rid of
the Frontier Crimes Regulations and Maliki system,
they added.
The office- bearers said the tribal areas were kept
backward under a conspiracy. They urged the
coalition parties in the provincial government –
Pakistan Tehreek-e-Insaf, Jamaat-e-Islami and
Qaumi Watan Party – to pass a resolution in the
provincial assembly calling on the federal
government to hold local government election in the
tribal areas. They said if the federal government
failed to announce local government election in
tribal areas, they would move court and start a
protest drive.
He said that FATA was deliberately kept backwards
in all fields, particularly health and education. “Tribal
people are facing enormous hardships due to the
ongoing situation in FATA,” he observed.
He said that successive governments had failed to
mainstream and bring change in social fabric of the
tribal society. “Tribesmen are patriotic citizens, who
rendered enormous sacrifices for this motherland,”
he added.
He termed that the FATA reforms process was only
an eye washing but no practical steps were taken to
mitigate the sufferings of tribal people.
He said the democratic process was a way to bring
reforms in FATA. Therefore, he demanded the
government to hold local body elections in tribal
region like other parts of the country.
Source: http://www.nation.com.pk/pakistan-news-
newspaper-daily-english-online/national/20-Jul-
2013/fata-local-council-demands-lb-polls
Political parties discuss FATA
reforms priorities
ISLAMABAD: Eleven political parties met to discuss
reforms priorities for the tribal areas, demanding
that peace be established and fundamental rights
be guaranteed for FATA citizens.
As part of the two-day conference, the Political
Parties Joint Committee on FATA Reforms
welcomed Shaheed Bhutto Foundation and FATA
Lawyers Forum representatives, reviewed the
recently adopted Citizens’ Declaration for FATA
Reforms, and developed consolidated reforms
priorities of their own.
All eleven political parties reassert the need for
effective implementation of existing reforms. More
specifically, the FATA Committee encourages the
new government and Members of the National
Assembly to amend Article 247 of the Constitution
of Pakistan and enact further reforms for the tribal
areas. Committee members indicated that they
would soon present their consensus reform priorities
to the leaders of their political parties, all MNAs and
Prime Minister Nawaz Sharif for consideration.
To that end, the Committee welcomed the
attendance of three MNAs from FATA
constituencies at their discussions this weekend:
Bismillah Khan from NA-43 in Bajaur Agency, Al-
Haaj Shah Jee Gul from NA-45 in Khyber, and
Qaisar Jamal Afridi (PTI) from NA-47 Frontier
Regions. Balochistan Chief Minister Dr. Malik
Baloch also participated in the discussion,
expressing his appreciation for the work of the
FATA Committee and offering full support of the
National Party and the Government of Balochistan
for the Committee’s reforms initiatives for the tribal
areas. Political party representatives expressed
disappointment with the failure of the Election
Commission of Pakistan to adequately address the
committee’s recommendations for free and fair
elections in the tribal areas, submitted on December
27, 2012. Despite some effort, the Election
Commission did not provide all IDPs from FATA
with access to vote.
In addition, NADRA and the Election Commission
failed to substantially increase CNIC and voter
registration in FATA, independent judicial officers
were not deployed as election returning officers,
polling stations were too far from many tribal voters,
and provincial and local election officials did not
open direct communications with agency-level
political party leaders as the committee requested.
With complete support from the political party
leadership, 11 political parties are represented on
the FATA Committee: Awami National Party (ANP),
20
Jamaat-e-Islami (JI), Jamiat Ulema-e-Islam F (JUI-
F), Muttahida Quami Movement (MQM), National
Party (NP), Pashtoonkhwa Milli Awami Party
(PkMAP), Pakistan Muslim League Quaid-e-Azam
(PML), Pakistan Muslim League Nawaz (PML-N),
Pakistan People’s Party (PPP), Pakistan Tehreek-e-
Insaf (PTI) and Qaumi Watan Party (QWP).
In 2010, the Political Parties Joint Committee on
FATA Reforms began working together to
demonstrate their shared commitment to promoting
debate throughout Pakistan and to call for the
implementation of reforms in the tribal areas.
Today, the 11 member parties of the FATA
Committee continue to engage in discussions with
stakeholders from FATA to build consensus,
increase awareness and promote dialogue on
existing and future reforms. At the June 29 meeting,
the FATA Committee welcomed new members
Ayesha Gulalai Wazir (MNA, PTI) and Mufti Abdul
Shakoor (JUI-F).
Source: http://www.thefrontierpost.com/article/23940/
FATA reforms Jirga seeks
equal rights
ISLAMABAD: Participants of a ‘grand jirga’
(assembly) on Thursday called for implementation
of reforms in the violence-hit Federally-Administered
Tribal Areas (Fata) and sought equal status and
fundamental rights to the tribal people at par with
other citizens of the country.
Representatives from tribal areas, civil society and
political parties approved ‘Citizen’s Declaration for
Fata Reforms’ at the assembly organised by the
Shaheed Bhutto Foundation with an aim to bring the
people of tribal areas into mainstream politics.
During a news conference, the participants
demanded the implementation of amendments
made to the Frontier Crime Regulations (FCR) in
2011.
“The constitutional provisions regarding Fata need
to be amended so that Fata parliamentarians could
play a key role in legislation pertaining to the tribal
areas,” it stated.
The statement also declared that it is for the people
of Fata to determine whether they want to integrate
with Khyber-Pakhtunkhwa or want a separate
province.
The formation of a council through adult franchise
with an aim to advise the President on Fata’s needs
and the establishment of local government under
Fata Local Government Regulation 2002, were also
proposed at the assembly.
Other reforms include strengthening of khasadar,
reserve seats for tribal women in parliament,
extension of the Supreme Court and high court
jurisdiction to Fata, implementation of press and
publication ordinance, abolishment of Action in Aid
of Civil Power Regulation 2011, promotion of
education and setting up hospitals with modern
facilities.
Some of the participants termed the suggestions a
‘wish list’, saying that none of the reforms could be
enforced until the security situation improves on the
ground.
“Tribal elders should meet the prime minister if they
want enforcement of reforms in tribal agencies
rather than the President whose tenure is ending in
September,” Maulana Abdul Jalil Jan of the Jamaat-
i-Islami told The Express Tribune.
He said apart from legislation regarding FCR, all
other demands will have to be catered to by the
parliament.
Asad Afridi of Qaumi Watan Party said K-P, Fata
and Pakhtun-dominated areas of Balochistan should
be integrated into one unit to counter the militancy.
Source: http://tribune.com.pk/story/572667/fata-
reforms-jirga-seeks-equal-status-fundamental-
rights/
EU recommends FATA
constitutional reforms
The European Union (EU) presented its election
observation report following 2013 general elections
in Pakistan, including 50 reforms recommendations.
One of the observation mission’s election
recommendations deals directly with reforms for the
Federally Administered Tribal Areas (FATA), calling
for amendment of Article 247 of the Constitution of
Pakistan:
FATA Reforms Recommendation
To ensure genuine elections in FATA, further
constitutional reforms should be undertaken to
enable FATA residents to enjoy fundamental
political freedoms and civil rights as other citizens of
Pakistan do. In addition, the 12 National Assembly
representatives of FATA should be able to legislate
for FATA.
FATA National Assembly representatives are
currently not entitled to legislate for FATA since
legislative and executive powers lie with the
President and, per extension, his representative, the
Governor of KPK, and the Political Agents. To
achieve the necessary change, a constitutional
amendment is required and should be pursued by
the Parliament of Pakistan.
21
Related International Obligations &
Commitments
International Covenant on Civil and Political Rights
(ICCPR) article 25b: “To vote and to be elected at
genuine periodic elections”.
ICCPR GC 25, paragraph 7: “Where citizens
participate in the conduct of public affairs through
freely chosen representatives, it is implicit in article
25 that those representatives do in fact exercise
governmental power and they are accountable
through the electoral process for their exercise of
that power.”
Please find below excerpts from the EU election
observation report that address FATA. At the end of
this document, please find the complete EU report.
Election Violence
During the last four weeks of the campaign, there
were a reported 130 security incidents resulting in
more than 150 people killed. Most of the attacks
were directed against candidates and supporters of
parties identified as secular, in particular the Awami
National Party (ANP) in Khyber Pakhtunkwa (KPK)
and the Muttahida Quami Movement (MQM) in
Sindh, two of the three political parties the Tehreek-
e Taleban Pakistan (TTP) had threatened, the third
being the Pakistan Peoples Party (PPP). However,
the last two weeks of the campaign saw an
increasing number of attacks against other parties
and independent candidates in all four provinces
and the Federally Administered Tribal Areas
(FATA). The federal and provincial caretaker
Governments took, in varying degrees, security
measures and made protection arrangements for
candidates.
However, the last two weeks of the campaign saw
an increasing number of attacks against other
parties including JI, JUI-F, PTI, the Baloch parties
Balochistan National Party-Mengal (BNP) and
National Party (NP), and independent candidates in
all four provinces and FATA. In most cases the
perpetrators of these other attacks remained
unknown. The security environment of the elections
in Balochistan was seemingly aggravated by
widespread threats issued by militant groups in
particular in the Baloch parts of the province against
the electoral process as a whole.
Since 11 April, there were 41 attacks in KPK and
another 41 in Balochistan, as well as 26 attacks in
Sindh, 9 in Punjab and 6 in FATA. ANP suffered 34
attacks, followed by MQM with 17 attacks. There
were 14 on independent candidates, while PML-N
was targeted 12 times, PPP 8 times, and JUI-F 6
times. Numerous other parties including NP, JI or
PTI had five or fewer attacks.
Although election day was less marred by violence
than anticipated, there was a reported total of 62
election related security incidents, including some
serious explosions, that affected all the provinces.
These mostly took place at polling stations, and
appear to be due to a mixture of terrorist and inter-
party violence. The incidents resulted in at least 64
deaths and 225 people injured (see Annex 4
Election Day Violence). Only in one NA
constituency, in FATA (Kurram Agency) were
elections cancelled for security reasons.
Media & Elections
The media provided a range of viewpoints, as well
as scrutiny of the election process. Although the
media generally enjoys freedom of speech,
journalists and editors were targeted by militant or
other groups in Karachi, some other parts of Sindh,
Balochistan and FATA, and the state authorities
took insufficient measures to protect.
The relative freedom of speech enjoyed was
curtailed in early April 2013 when numerous media
houses, and their individual editors and journalists,
received threats from various militant or other
groups who demanded printing/broadcasting of their
anti-elections messages without editing and/or
critical analysis. Prior to election day such
intimidation was experienced by staff at Dawn, Daily
Jang, Mashriq, GEO TV, Express TV, ARY TV,
Waqt TV and various less prominent media outlets
in Karachi and some other parts of Sindh,
Balochistan and FATA. The most popular
commercial TV channels were taken off air in parts
of Balochistan before the elections, due to pressure
put on cable TV operators, which further limited
access to information. State authorities did not take
sufficient measures to protect media practitioners.
Moreover, further pressure was put on outlets
following a ruling on 16 April from the Balochistan
High Court, in which the Pakistan Electronic Media
Authority (PEMRA) fined four TV stations for
broadcasting election-related messages from
banned organizations, despite the media houses
claims that these news items were aired under a
direct threat from the authoring organizations, the
TTP in particular.
Legal Structure & Political Parties
FATA has a different legal structure, and as it is
federally administered, its elected representatives
are in the NA but have a limited role in governance
of the territory. Gilgit-Baltistan, and Azad Jammu
and Kashmir are not represented in the federal
parliament. These areas have their own constitution
and elected assemblies, however they still remain
under de facto Pakistani rule.
22
In August 2011, the Political Parties Order 2002 was
extended to FATA, allowing for parties for the first
time to have the legal right to organise and field
candidates in the tribal areas (the population of
FATA was given universal franchise in 1996). FATA
continues to have a different legal structure to the
rest of the country, one that is criticised for not being
consistent with other provisions of Pakistan’s
Constitution and Pakistan’s human rights
commitments. For example, there is a lack of
separation of powers with Political Agents (the main
administrator for an Agency appointed by the KPK
Governor) having executive and judicial authority
which compromises opportunity for independent
review and remedy.
The Constitution of Pakistan establishes a
parliamentary system of government with the
President as the Head of State and the PM as the
Head of Government. The Parliament is bicameral,
consisting of the Senate and the NA. The Senate
members, 104 in total, are elected indirectly by the
NA and the PAs for a term of 6 years.
Members of the National Assembly (MNAs) elect
four Senators for Islamabad. Twelve FATA MNAs
elect the eight Senators from FATA. Members of the
Provincial Assemblies (MPAs) elect 23 Senators
each from their respective provinces.
Constituency Delimitation
For FATA the Delimitation of Constituencies Act
states that “two or more separate areas may be
grouped into one constituency”59. FATA
constituency NA 47 covers six Frontier Regions
which are not all interconnected, making it more
difficult for candidates to campaign effectively.
On average there were 17.17 candidates per NA
constituency, an increase from 8.28 in 2008. This
included 339 candidates contesting for 12 NA seats
in FATA, of which 266 (78%) were running on party
tickets, permissible for the first time.
Rigging Allegations
The EU EOM did not observe in Balochistan or
FATA, for reasons of security. Subsequent
interviews with stakeholders from these areas
indicate significant problems on election day. In
FATA polling station accessibility was difficult with a
lack of availability of government buildings, harsh
geographical conditions and long distances
reportedly resulting in challenging journeys of up to
1.5 hours. In Balochistan, in the southern Baloch
dominated districts there was reported to be very
low turnouts of less than 10%, in part due to
blockades, while there were much higher turnouts in
Pakhtun areas. Some parties in the province
referred to fearful atmospheres referencing target
killings, intimidation, and rigging.
Following election day, although there was an
overall acceptance of the national and provincial
outcomes, there were allegations of and concerns
about “rigging” in all of the provinces. The clear
margins of victory mitigated against these various
allegations disrupting the formation of government.
The scale, seriousness and credibility of the alleged
problems are hard to assess because of the lack of
a complaints tracking system and ECP transparency
in this regard. The allegations appeared to refer to
minor irregularities and more serious questioning of
mandates. The numerous allegations were notably
against the winning parties in Punjab (PML-N) and
Sindh (PPP and MQM). Problems were
concentrated in some geographical areas, in
particular Karachi, parts of Balochistan where
unusually high voter turnouts in particular in the
Baloch areas raise questions, some FATA agencies
and parts of Punjab.
Sit-ins were organised by various parties and
candidates in all four provinces and FATA about
individual cases of alleged rigging. The media also
showed examples of problems, including stray
ballots and ballot stuffing. FAFEN and other civil
society organisations called for full publication of
results and polling station data. The EU EOM also
called for polling station scheme and results data to
be made public, in a press release dated 21 May
2013 (“EU EOM Chief Observer calls for
transparency and due process”).
Voter Participation
The ECP reports that a total of 46,217,482 voters
cast their ballots on 11 May, which makes a turnout
of 55% as compared to 35,637,072 million votes
cast in the 2008 elections. This is an increase of
30%, over 10 million. However, turnout varied
considerably with Islamabad leading with 62%,
followed by Punjab with 60%, Sindh 54%, KPK
45%, Balochistan 43%, and lastly FATA with 36%.
Balochistan is the only province where turnout
dropped in 2013, by 66,373. There were also some
very varied levels of turnout, particularly in areas
affected by violence. In an extreme case for PA 41
(Awaran, Balochistan), there was a turnout of just
1.18% (out of 57,656 registered voters), with the
winning candidate securing just 544 votes. In NA 42
South Waziristan in FATA the turnout was 11.6%
(out of 108,056 registered voters), with the winning
candidate securing 3,468 votes.
FAFEN’s ambitious plans were in some aspects
difficult to implement. In particular the security
situation in parts of the country and the accreditation
complications meant that mobilising observers was
problematic, in particular in Balochistan, FATA and
Karachi, and it was especially difficult to deploy
23
female observers for coverage of female booths and
stations. By comparison to FAFEN’s LTOs, EU
EOM observers noted a significant reduction in
professionalism in FAFEN’s election day observers.
Women as Voters and Candidates
There continues to be a significant gender gap in
the number of registered women voters, the final ER
had some 11 million fewer female than male voters,
raising questions about the universality of the
franchise. Furthermore a breakdown by district
shows notable differences between localities, e.g. in
North Waziristan, FATA, women represent just 7%
of the total number of the voters whereas in
Wazhuk, Balochistan they are 48% of the total. This
discrepancy is attributed to difficult cultural and
practical circumstances and consequent lower
numbers of women with CNICs, obligatory for voter
registration. NADRA has made considerable efforts
to provide CNICs to women, and the total number of
women on the ER has significantly increased.
The difference is largest in FATA where women
constitute 34% of the total number of the voters,
while in Islamabad female voters´ share of total
voters is 46%. In Balochistan and in KPK women
form 42% of the total voters, in Punjab 44% and in
Sindh 45%. NADRA reports that 53.3 million men
and 41.1 million women currently have CNICs
compared to 33.3 and 20.8 million respectively in
2008.
Women vote either at a female polling station or at a
female polling booth in a combined polling station.
The ECP has not published nationwide figures of
the numbers of each of these types of polling
station. In KPK of the 9,306 polling stations, 2,187
were female and 4,704 combined. In FATA, of the
1,208 stations, 166 were female and 811 combined.
The number of female candidates contesting NA
general seats, particularly on party tickets, remained
very low. Of the 4,671 candidates, 158 were
women, 3.4%. Of these, 95 stood independently
and 66 were nominated by political parties. In total
1.4% of party nominated candidates were female.
PPP awarded the same number of party tickets to
women for the 2013 general elections as it did in
2008 (15), while the PML-N increased from 6 to 8,
MQM from 5 to 8, and PTI granted 6 tickets to
women. The majority of the parties awarded tickets
to three or fewer women, and five parties had no
women candidates on NA general seats at all
(Jamaat-e-Islami, Jamiat Ulema-e Islam-Fazl,
Mutahida Deeni Mahaz, National Party and Qaumi
Watan Party). For the first time in a general election,
there was a woman candidate from FATA. There
was a second female candidate from FATA who
reportedly resigned due to intimidation.
Notwithstanding that the number of women
candidates for NA general seats more than doubled
compared to 2008 from 64 to 161. For the PAs,
there was a small increase from 10 elected
members to 12 while the number of candidates
almost tripled from 116 in 2008 to 298 in 2013.
Internally Displaced Persons
Of the officially registered 165,427 IDP families from
FATA, some 10% live in camps and the rest stay
with relatives or host communities. Following an
order from the Peshawar High Court in January
2013, the ECP started arrangements to facilitate
IDP voting. The number of the registered IDP voters
was 345, 293 of which some 81,440 cast their votes
on 11 May. In Jalozai camp, only some 900 voters
were able to cast their votes for various reasons
(such as ER inaccuracies, lack of awareness among
off-camp voters. Re-polling was ordered in two
Khyber Agency constituencies (including in Jalozai
camp). From four Agencies and seven
constituencies from FATA. Re-polling has been
ordered for two Khyber Agency constituencies and
elections were postponed in Kurram Agency.
EU Election Recommendation #37
Women’s participation in political life: Special
efforts be undertaken to secure CNIC registration
for women, targeting especially women in rural and
conservative areas and young women, to increase
the number of women on the electoral roll.
Photographs be included on all CNICs as an anti-
fraud measure. Awareness raising on the
usefulness of having photographs on CNIC.
Change in legislation required: Desirable to be
secured in law and implemented by NADRA.
Related International Obligations: CEDAW article 7
“States Parties shall take all appropriate measures
to eliminate discrimination against women in the
political and public life of the country”. ICCPR article
25 “Every citizen shall have the right and the
opportunity… To vote and to be elected at genuine
periodic elections which shall be by universal and
equal suffrage and shall be held by secret ballot,
guaranteeing the free expression of the will of the
electors”.
There are some 11 million less women registered in
the ER than men, with the difference being highest
in FATA. Women are significantly less likely to have
CNICs than men, with the difference being
particularly marked in KPK and Punjab and amongst
18-24 year olds. Photographs on CNICs are not
obligatory for women, which leaves room for
manipulation. Photographs are required for going to
Hajji (in passports and for visas), also for the
Benazir Income Support Programme).
24
EU Election Recommendation #50
Genuine elections in FATA: Further constitutional
reforms be undertaken to enable FATA residents to
enjoy fundamental political freedoms and civil rights
as other citizens of Pakistan do. The 12 National
Assembly representatives of FATA be able to
legislate for FATA.
Change in legislation required: Constitutional
change required; to be implemented by parliament.
Related International Obligations: International
Covenant on Civil and Political Rights (ICCPR)
article 25b “To vote and to be elected at genuine
periodic elections”. ICCPR GC 25, paragraph 7:
“Where citizens participate in the conduct of public
affairs through freely chosen representatives, it is
implicit in article 25 that those representatives do in
fact exercise governmental power and they are
accountable through the electoral process for their
exercise of that power.”
FATA NA representatives are not entitled to
legislate for FATA since legislative and executive
powers lie with the President and, per extension, his
representative, the Governor of KPK, and the
Political Agents.
Source: http://www.eueom.eu/pakistan2013
FATA women demand more
representation in reform
agenda
PESHAWAR: Expressing concern over lack of
women representation in the Fata Grand Assembly
(FGA), members of a tribal women forum on
Wednesday demanded reforms be reviewed and
proper representation be given to women in the
assembly.
Addressing a press conference at the Peshawar
Press Club, Irum Bibi, a representative of Takra
Qabili Khowende (TQK) meaning ‘Stronger Tribal
Sisters’ – a social forum of tribal women – said
successive governments had only raised hollow
slogans for streamlining the Federally Administered
Tribal Areas (Fata). She added no serious steps
had been taken in this regard.
Bibi said no senior official paid a visit to Fata during
the last five years, which was a matter of grave
concern on the part of the former democratic
government. “Tribal women and children are the
worst affected due to the ongoing situation in Fata.
They are compelled to leave their hometowns,” she
observed.
Bibi added the forum was constituted to accelerate
the process of reforms and take serious steps for
mitigating the suffering of tribal people.
She welcomed the FGA but regretted women were
not given clear representation and there was no
specified clause mentioned for their rights. She
stressed all reforms should be reviewed with their
consultation before being sent to the president for
approval.
Irum maintained some parties had raised their
hopes by promising to streamline Fata before the
elections, but none of them made any plausible
efforts to ensure that.
She also expressed concern over the imposition of
direct and indirect taxes, which she said was ‘sheer
injustice’. “Tribesmen are already suffering a lot and
now the government has set up these policies,” said
Bibi, demanding the government to immediately
review its decision and provide relief to tribal people.
She also demanded more women be included in the
justice and administrative process for women
empowerment.
Source: http://tribune.com.pk/story/575221/unfulfille
d-promises-fata-women-demand-more-
representation-in-reform-agenda/
Zigzag moves on FATA (I.A.
Rehman)
THE approach to reforms in the tribal belt recently
suggested at two civil society platforms merits
serious attention by the government,
parliamentarians and political activists. At the same
time, it is necessary to stop moves to curtail non-
governmental efforts for the uplift of the people in
the tribal areas.
That the absence of a popular, democratic and just
order in the Federally Administered Tribal Areas, or
FATA, lies at the root of one of the most serious
challenges to peace and security in the country can
hardly be disputed. If this problem had been
addressed over the wasted decades it might have
been easier to deal with the militancy that is now
posing a grave threat to Pakistan’s democratic
premise and integrity.
Islamabad’s reform plans for FATA have not made
much headway because these have been inspired
by a desire to tighten state control over the tribal
people and their affairs. The people of FATA see
even references to their fundamental rights as
encroachments on their political and cultural
autonomy. Their alienation from Pakistan has been
particularly marked in areas where troops were the
first representatives of the state seen by them.
Thus, the paramount need now is formulation of a
reform strategy from the viewpoint of the tribal
population and securing their support and
participation through all stages of planning and
25
implementation. That apparently is the route taken
by both civil society organisations for many years.
First, the Shaheed Bhutto Foundation organised a
‘FATA grand assembly of reforms councils’,
attended by more than 300 “tribal elders, religious
clerics, political and social activists, and other
citizens”. Held in the presence of the KP governor,
the assembly adopted a 19-point citizens’
declaration. In a simplistic flourish the authors of the
document added a special note: “The participants of
the FATA Grand Assembly strongly demand
restoration of peace in FATA by the government
and other concerned authorities.”
The demands made in the declaration cover a large
area — education at grassroots level, functional
hospitals, infrastructure, defence of property rights,
reserved seats for women in parliament, reform of
the jirga system, and a development package that
will create prosperity and job opportunities.
The more critical demands are political and judicial.
Complaining that the 2011 amendments in the
Frontier Crimes Regulation (FCR) are not being
implemented, the assembly has demanded that the
FCR should be substantially amended or annulled,
so that the fundamental rights of the Fata people
can be respected.
It has called for FATA parliamentarians’ due role in
making laws for their people and the election of a
council that should recommend the territory’s future
status. Priority is attached to the establishment of
local government institutions.
The people of FATA have long been demanding the
right to make laws for themselves. The issue has
been lost in a barren debate on whether
FATA should be merged with KP or made into a
separate province. The Constitution allows the
president to change the territory’s status after
ascertaining the wishes of the people. A council
especially elected could produce a consensus.
A clear-cut demand is that the Actions in Aid of Civil
Power Regulation 2011 should immediately be
repealed. While most other demands will take time
to be processed action can soon be taken to undo
the offence this regulation has caused to the tribal
population.
The message from FATA citizens is that they are
willing to embrace the modern concepts of
governance, basic rights and the rule of law
provided they are taken into confidence and allowed
to own the process of their socio-political advance.
This message came through even more strongly at
a presentation on the justice system organised by
the Community Appraisal and Motivation
Programme (CAMP).
CAMP’s report, Understanding Justice Systems of
Khyber Pakhtunkhwa, FATA and Balochistan — the
Pakhtun perspective, contains the findings of
extensive surveys and focused discussion groups
on the formal (Pakistan code) and informal (jirga)
systems of justice. That most Pakhtuns everywhere
prefer their jirga to the formal system is not
surprising. Nor are the reasons for rejecting the
formal system — that it is expensive, subject to
delays, and corrupt.
While a majority of respondents admit that the jirga
system does not offer justice to women and
minorities, the study finds support for bringing
changes in the jirga system; men are seen to be
supportive of the inclusion of women and minorities;
and respondents have shown their willingness to
include the elements of human rights, women’s
rights and the Sharia while bringing jirgas into
compliance with the Constitution and international
human rights standards.
However, the Pakhtuns are determined to keep the
jirga system intact and its integration into the formal
justice system is not acceptable.
The organisation also reports its success in
changing unjust customs through the jirga system
and in “convincing tribal elders to ban certain bad
practices against women’s rights in FATA”.
Regardless of the reservations one may have about
these studies, the value of the two organisations’
work lies in the fact that it confirms the tribal
people’s amenability to change. Civil society actors
belonging to the tribal areas have won their
communities’ trust to an extent the government
functionaries have never been able to manage.
Changing the mindset of the tribal people is going to
be more difficult than opening the Pakistani rulers’
mind to reason. In this situation imposing bans on
the working of civil society organisations in FATA or
restricting their activities there is absurd and
amounts to denying the tribal people’s right to
benefit from humanitarian and development
programmes launched by non-government
organisations.
It is difficult to believe that it is Islamabad’s policy to
insulate the tribal population from the winds of
change. All restrictions on civil society’s legitimate
activities in FATA must be withdrawn forthwith.
Source: http://dawn.com/news/1024386/zigzag-
moves-on-fata
26
Political Reforms in FATA (Amir
Abbas Turi)
The Federally Administered Tribal Areas (FATA),
considered to be among the most dangerous places
on earth today, was a peaceful territory prior to 9/11
– despite its governance problems. After the
18th constitutional amendment, powers of state
executive were transferred from the President of
Pakistan to the parliament. However and despite
such measures, the President, instead of the
parliament, still holds an authoritative position for
decision making in tribal areas. Article 247 of the
Constitution of Pakistan renders MNAs and
Senators from FATA powerless to legislate for their
respective constituencies.
Political reforms in FATA are the need of the hour.
Pakistan has been besieged by hostile militants.
Keeping in view the current scenario, political
reforms in FATA are the need of the hour. In order
to implement writ of the state in the region, a
constitutional amendment is a required. Currently,
clause 3 of article 247 restricts parliament’s
legislation to be implemented in the region, unless
the President–through the governor of Khyber
Pakhtunkhwa–directs that legislation be extended to
the tribal areas. Currently, the ages old Frontier
Crimes Regulation (FCR), the draconian law, is still
the law of the land in FATA.
Parliament must act immediately to remove the self-
imposed bar from legislation for tribal areas.
Similarly, a constitutional amendment should be
proposed to omit section 247 of the Constitution of
the Islamic Republic of Pakistan. Once the
lawmakers are rendered capable of legislating for
FATA, they would replace the century-old Frontier
Crimes Regulation with the Pakistan Penal Code
(PPC). Likewise, an immediate halt to the military
operations within the region must be ensured for
securing the trust and corporation of local tribal
citizens.
Furthermore, the incumbent government should
take a firm stance for putting an end to drone strikes
in the region, which are not only a brazen violation
of our sovereignty and international law but also
responsible for civilian causalities. In order to
resolve the internal security threat, local tribal
leaders must be taken on board in the dialogue
process and must be guaranteed their rights in a
new governance system.
Finally, implementation of these reforms will ensure
local support and bring the people of FATA in the
national ambit. Sometimes, the conservative Islamic
ideology is wrongly interpreted as fundamentalist
and extremist. Providing people of FATA a right to
govern will open communication channels and help
to change the global perception about this region.
Conflict in the region can be mitigated only when
Majlis-e-Shoora (parliament) proposes a
21st constitutional amendment for political reforms in
FATA to end the social deprivation of local people in
the tribal areas.
The writer is a social activist and hails from Kurram
Agency in FATA.
Source: http://pakteahouse.net/2013/07/28/political-
reforms-in-fata/
Learning from the past and
looking forward in FATA (Raza
Shah Khan)
Without peace, development is not possible. And
peace in FATA can only be achieved though good
governance and rule of law.
Much has been discussed and debated about the
Frontier Crimes Regulation (FCR) and Article 247 of
the constitution of Pakistan. Everybody talks about
the issues of poverty, corruption, militancy, low
literacy and lack of justice. Everybody agrees that
the current state of FATA urgently needs reforms,
but no one has the answer to when and by whom
such reforms will take place to bring FATA into the
mainstream of Pakistan.
The problem in FATA doesn’t lie with the people of
FATA. The real problem is how they are governed.
If we look back at history, crimes have remained
lower in FATA as compared to the rest of Pakistan,
and there was a great respect for government
officials and institutions, including foreign diplomats
and outside visitors.
Past and Present
The Afghan war from 1979 to 1989 entirely changed
the dynamics of power in the region. I will not going
into details about who funded and supported the
holy war in Afghanistan–including the West and
Middle East, against the former USSR, utilizing poor
and illiterate tribesmen and misusing religion as a
means to wage Jihad as is now an evident fact.
Since then, however, they are reaping what they
sowed.
The 9/11 incidents, the war on terrorism, suicide
attacks and the daily suffering of the people of
Pakistan and around the world are the result of the
wrong and unethical policies of the concerned
states.
Lack of leadership and decisions at the national
level in Pakistan further contributed to the
worsening situation in FATA. Both local and
international actors used the region for their own
27
interests without doing anything for political,
economic, legal and social reforms in FATA and
overlooked the fundamental rights of the local
people in the context of achieving broader strategic
objectives.
They focused on their own objectives and then left
the people to their own fate or to the fate of those
who they empowered during the long Afghan war
and afterwards.
Most of the time, FATA is only seen through a
security paradigm rather than its potential in the
context of socio-economic development, which
could significantly contribute towards national and
regional cooperation, stability and peace.
The Reforms Agenda
Reforms for FATA have been discussed in the past
and some positive steps were taken by the previous
government, particularly the amendments to the
FCR and the extension of the Political Parties Order
in 2011. The amendments, however, have not yet
been fully implemented.
The need for FATA reforms is under discussion in
various social, political and development sectors
nowadays. It has never got such importance and
focus in the past. Therefore, this is the right time to
take bold decisions–without delay–as the current
state of FATA can’t be governed by a more than
century-old FCR.
The world has changed. Most of the world’s stable
democracies are finding new ways of participatory
democracy and governance. They are looking
forward with a positive vision, while here we are still
discussing and debating 18th century laws enacted
by the British Raj under which the people of FATA
are being governed.
The efficiency of state institutions in Pakistan can be
judged by the fact that even they were unable to
change the term “Political Agent” used in the 18th
century to something like an “Agency Administrator”.
Moving Forward
If a majority of the people agree on reforms in
FATA–enabling the tribesmen to have their
fundamental rights–then why should there be such a
delay in taking decisions on the matter.
The general public looks towards leaders to take
such decisions. Leaders should have the courage
and commitment to take bold decisions. Lack of
efficient governance in FATA–where the voices of
the general public are rarely heard or understood at
the leadership level–is one of the major factors of
the underdevelopment and unstable situation in
FATA.
All of the reforms suggested from time to time either
by the people of FATA or by other political and civil
institutions of Pakistan are genuine. These reforms
are also a cause fpr bringing peace and prosperity
to the FATA region. However, personal and
collective wishes for selective reforms should not
undermine the basic and democratic rights of the
people of FATA.
If all agree, then the leadership in Pakistan should
strive for a “Now or Never” policy and extend all the
legal, political, economic and social services to
FATA just as they are in other parts of Pakistan.
I believe that the delay in advancing FATA reforms–
including the implementation of previous reforms–
could do nothing good, but rather will provide the
space and situation for lawlessness and militancy.
Without peace, development is not possible. And
peace in FATA can only be achieved though good
governance and rule of law.
A broader political and economic vision is needed,
one that views FATA as a region where the huge
human potential and rich natural resources can be
positively exploited, in an ethical way for the
common good. Such an approach will significantly
contribute towards exploring new ways of economic
and social regional integration.
The prerequisite, however, for such a situation is
bringing FATA into the mainstream of Pakistan and
treating the tribal people as equal citizens of
Pakistan.
Sustainable Peace & Development Organization
(SPADO): http://spado.org.pk/
ICG recommends constitutional
amendment for FATA
To restore parliamentary sovereignty, as envisioned
in the original 1973 constitution, the National
Assembly and Senate of Pakistan should pass a
constitutional amendment to extend parliament’s
remit to the Federally Administered Tribal Areas
(FATA).
Parliament’s constitutional remit does not, for
example, extend to the Federally Administered
Tribal Areas (FATA). The recent reforms,
particularly the eighteenth constitutional
amendment, have strengthened parliamentary
democracy but failed to remove some of the
constitutional distortions of past military regimes.
The National Assembly’s remit did not, however,
extend to the Federally Administered Tribal Areas
(FATA) or Provincially Administered Tribal Areas
(PATA). To date, no acts of the national or
provincial legislature extend to those regions without
28
presidential assent. Both maintain parallel legal
frameworks. FATA citizens are denied fundamental
human, political and economic rights, and lack
representation at the provincial level and access to
a formal justice system.10 While limits on
parliamentary authority in the FATA context were
built into the 1973 constitution,
subsequent amendments during military rule
abolished the concept of parliamentary
sovereignty almost entirely.
The laws are also inadequate because many
provisions give legal cover to the
military’s intelligence agencies, instead of building
the police and civilian intelligence agencies’
capacity to counter terrorism and extremism through
law enforcement. The military’s control over national
security was amply demonstrated when it
successfully pressured President Zardari to expand
its powers to counter militancy in FATA and PATA
without legislative endorsement. In August 2011, the
president promulgated the Actions in Aid of Civil
Power (AACP) regulations for FATA and PATA,
giving the military virtually unchecked powers of
arrest and detention there.
The human rights standing committee must press
the executive to establish the commission, urgently
address the worsening human rights environment
and build the legislative consensus to reverse the
discriminatory Zia-era legislation. Parliament should
also urge the president to revoke the AACP in FATA
and PATA, which has given legal cover for the
military’s human rights abuses.
Read an extended summary and download the
complete International Crisis Group (ICG) report
below:
Parliament’s Role in Pakistan’s
Democratic Transition
Asia Report N°249, 18 Sep 2013
EXECUTIVE SUMMARY AND
RECOMMENDATIONS
Because of repeated direct or indirect authoritarian
interventions during Pakistan’s history, its
parliaments have either been absent, short-lived or
rubber stamps for the military’s policies, their
proceedings hollowed out and meaningless. Even
under civilian rule, an overactive judiciary has
repeatedly encroached on parliamentary
prerogatives, while the executive branch has
dominated the governance agenda; legislative
advice and consent has been more a matter of form
than substance. Five and a half years after the
democratic transition began in February 2008, the
legislature is still developing its institutional identity.
The thirteenth National Assembly (2008-2013), led
by the Pakistan Peoples Party (PPP), was far more
assertive. Some of the most prominent committees
exercised their authority to oversee the executive
and to engage the public. But the political system
will remain unstable so long as the legacy of military
rule is kept alive. The current legislature must
resume the unfinished work of democratic reform if
it is to fully restore parliamentary sovereignty and
stabilise a volatile polity.
The 2013 elections and their aftermath marked the
first-ever transition from one elected government to
another, 40 years after the 1973 constitution
established a federal parliamentary democracy.
While the previous parliament missed many
opportunities for reform, it nevertheless passed
major legislation to restore democratic governance.
It also represented an era of bipartisan cooperation
that was unlike the vendetta-driven, winner-take-all
politics of the 1990s democratic interlude.
The key achievement of the thirteenth National
Assembly was the eighteenth constitutional
amendment, passed unanimously in April 2010.
This removed many of the constitutional distortions
of General Pervez Musharraf’s military regime,
enhanced fundamental rights and laid the
foundations for more transparent and accountable
governance. Its most consequential provision was
the devolution of power from the centre to the
provinces, addressing a longstanding political fault
line that had largely contributed to the country’s
dismemberment in 1971. The shift towards greater
cooperation across the aisle also helped ensure the
survival of a fragile political order that faced
constant challenges from an interventionist military
and a hyperactive judiciary.
The second phase of the democratic transition now
underway offers opportunities to entrench
parliamentary democracy. With incumbents losing at
the centre and in all but one province in the 2013
elections, the parties now in power at the federal
and provincial levels, particularly Nawaz Sharif’s
Pakistan Muslim League (PML-N), must prioritise
governance and deliver on campaign pledges if they
are to retain their positions. The opposition parties,
too, should realise that they will be better placed to
unseat their political rivals if they are an effective
government-in-waiting in parliament, presenting
alternative policies, budgets and other legislation,
rather than merely obstructing ruling party proposals
and bills.
If the legislature is to respond to public needs and
also exercise oversight of the executive, it must
reinvigorate the committee system that was largely
dormant during Musharraf’s military regime. While
several important committees were far more active
in the previous assembly, pursuing official misdeeds
29
and even questioning the military’s role in the polity,
legislation was not enacted to provide for
parliamentary authority to hold the security
apparatus, including its intelligence agencies,
accountable.
The committees’ additional value lies in their ability
to lead the debate on specific policies; conduct
detailed investigations and inquiries on issues of
public importance; and engage civil society in the
legislative process. Particularly urgent issues
include electoral reform, public expenditure and
budgetary allocations, law and order and human
rights.
There is still a long way to go. Committee
achievements to date have been largely due to
proactive members, usually the chairs, rather than
broader institutional capacity. For committees to
fulfil their potential, their members require much
more research, analysis and technological support.
They currently lack dedicated, trained staff, a
problem that also plagues the National Assembly
and Senate secretariats. Library resources are
likewise inadequate, with the upper and lower
houses maintaining separate facilities that
unnecessarily add to costs without producing better
research. As a result, committees depend on briefs
from the executive, often prepared by an
unreformed bureaucracy that, like its military
counterpart, has little interest in strengthening
representative institutions.
The committees, moreover, operate within a
broader parliamentary framework that is still pitted
with gaps, some legal, some political. Parliament’s
constitutional remit does not, for example, extend to
the Federally Administered Tribal Areas (FATA).
The recent reforms, particularly the eighteenth
constitutional amendment, have strengthened
parliamentary democracy but failed to remove some
of the constitutional distortions of past military
regimes, particularly Islamisation provisions that still
undermine the legislature’s authority. To become
more dynamic and assume its role as a co-equal
branch of government, the new parliament should
build on its predecessor’s steps, putting itself at the
centre of the domestic and foreign policy debate.
RECOMMENDATIONS
To restore parliamentary sovereignty, as envisioned
in the original 1973 constitution
To the National Assembly and Senate:
1. Pass a constitutional amendment package to:
a) repeal Article 227, which prevents parliament
from passing laws that violate “Islamic injunctions”;
b) abolish the Federal Shariat Court, which
undermines legislative authority; and
c) restore Articles 62 and 63 to their original form,
repealing all arbitrary morality clauses for electoral
candidates.
2. Pass a constitutional amendment to extend
parliament’s remit to the Federally Administered
Tribal Areas (FATA).
To enhance parliament’s power of the purse and to
reinvigorate the committee system
To the Government of Pakistan:
3. Abolish discretionary development funds for
parliamentarians.
4. End the practice of passing large supplementary
budgets, ex post facto, and instead require that
supplementary appropriations be approved by
parliament before the money can be spent.
5. End the practice of using statutory regulation
orders (SROs) to override the legislature in
enhancing or reducing taxes and duties on specific
goods.
To the Parliamentary Standing Committees:
6. Hold regular hearings on relevant ministry
performance, summoning federal secretaries and
other high-level officials to testify on their
performance, including execution of policy and use
of financial and other resources.
7. Review ministries’ proposals before the budget’s
formulation, and use the process also to assess the
value of government programs and policies, through
consultations with officials, civil society and
constituents; and in the case of the National
Assembly’s finance and revenue standing
committee, hold pre-budget consultations, with
chambers of commerce, trade union, small
business, industry and other civil society
representatives.
8. Exercise their authority to review expenditures of
ministries and departments at the end of the budget
cycle and hold officials accountable for anomalies.
9. Hold regular public hearings on issues under
their remit, inviting government, non-government
and private sector experts; ensure a wide range of
opinion when preparing the witness list; and respect
all – including potentially contentious – viewpoints.
To assert civilian control over the security apparatus
and to reform the criminal justice system
10. The parliamentary committee on national
security should hold public hearings on issues under
its remit, with a wide range of government and non-
government witnesses.
11. The National Assembly should rigorously
debate the annual budget when it is introduced and
30
also demand greater transparency in defence
allocations.
12. The mandate of the defence and interior
committees should be expanded to include
oversight of military and civilian intelligence
agencies.
13. The defence committee, in the case of the
military’s main intelligence agency, the Inter-
Services Intelligence (ISI) directorate, and the law,
justice and human rights committee, in the case of
the civilian-controlled Intelligence Bureau (IB),
should draft legislation defining the legal parameters
and civilian chains of command.
14. The standing committees on interior and law,
justice and parliamentary affairs should draft
legislation to modernise the basic bodies of criminal
justice-related law: the Pakistan Penal Code (PPC),
Criminal Procedure Code (CrPC) and Evidence Act.
To strengthen parliamentary functioning
To the National Assembly and the Senate:
15. Give all committee members a work space and
adequate staff.
16. Enhance standing committees’ oversight of the
executive branch by empowering them to vet and
approve senior civil service appointments proposed
by the Federal Public Services Commission, to
ensure they are made on merit rather than personal
or political affiliation.
17. Enforce the requirement that each standing
committee submit an annual report on its activities
that goes beyond an account of proceedings to
analysis of its impact on policy.
18. Extend protection of parliamentary speech to
witness testimony in parliamentary hearings; and
enhance transparency of parliamentary proceedings
by setting a threshold for closed-door hearings,
such as consent of one quarter of a committee’s
members on the request of a witness whose
security is endangered; and discussion of classified
or other confidential information.
19. Build the capacity of the National Assembly and
Senate secretariats to support parliamentary
committees and parliamentary work in general by:
a) establishing and enforcing clear educational and
professional criteria for appointments to the
secretariats;
b) developing and enforcing a uniform code of
conduct for the National Assembly and Senate
secretariats;
c) training specialists, including legal draftsmen,
archivists, researchers and policy analysts, on
policy issues and parliamentary procedure; and
d) merging the National Assembly and Senate
libraries, with a consolidated research and analysis
wing, and ensure the stock is continually updated.
Islamabad/Brussels, 18 September 2013
Source: http://www.crisisgroup.org/en/publication-
type/media-releases/2013/asia/parliaments-role-in-
pakistans-democratic-transition.aspx
fatareforms.orghttp://www.fatareforms.org/supreme-
court-bar-association-fata-resolution/
Supreme Court Bar Association
FATA Resolution
The 15th Executive Committee of Supreme Court
Bar Association of Pakistan in its 10th meeting held
on August 22nd 2013 fully endorsed the
presentation made by FATA Lawyers Forum
regarding the writ of Government and Jurisdiction of
High Court and Supreme Court in FATA. The
Executive Committee has unanimously resolved as
under:
“That FATA is part of Pakistan for all practical
purposes, therefore, not only the writ of the
government should be fully exercised there but also
the Legal system of Courts and Jurisdiction of KPK
High Court and Supreme Court be extended and
implemented in letter and spirit. And in this respect
Supreme Court Bar Association assures the FATA
Lawyers Forum that all government, non-
government and Judiciary forums will be activated
and supported in the above context.”
Javed Iqbal Raja, Secretary, Supreme Court Bar
Association of Pakistan, 22 August 2013, Ref:
Sec/SCBA/257
Source: http://www.slideshare.net/fatanews/suprem
e-court-bar-fata-resolution-2013-0822
Corruption stops real reform for
tribal people
FATA should be merged with Khyber Pakhtunkhwa
or given provincial status like Kashmir and Gilgit
Baltistan.
9/11 caused the demolition of US buildings but its
real trash fell upon the Federally Administered Tribal
Areas (FATA) in Pakistan. This trash still exists and
tribal people are busy cleaning those or have been
forced to do so.
Tribal people are those unlucky people who have
been chained by the black laws of FCR since British
imperialism. FCR is such an inhumane law which is
against basic human rights as well as in opposition
to the 1973 constitution.
31
On one hand the black law of FCR, while on the
other hand the persecution of Khans and Maliks
have exploited tribal people for their vested interests
through political and financial tactics such an extent
that I believe that they will not be able to reconcile in
the coming 100 years.
Today the extension of political reforms to FATA
again fell prey to the tactics of Khans and Nawabs,
and common people have no share in that neither
from government nor from political parties.
Again tribal have been left at the mercy of these
people, the so called tribal elders, who have
established training camps in the region after 9/11
at the green signal of some departments. In the
aftermath of that, the military operation has been
launched in the region causing loss or injuries of
some 200,000 lives.
Adding further fuel to the fire, these tribal elders
have formed peace committees in some areas
which further aggravate the situation.
In the past, tribal people have shed blood for the
independence of Kashmir, today Kashmir has
provincial status with its own parliament, judiciary
and budget, while the tribal areas have been kept
deprived of the basic necessities of life, such as
roads, electricity, education, hospitals, water and
even law.
The hegemony of the Political Agent (PA) is all-
pervasive and it is up to him what sort of name he
gives to somebody either bad or good, to kill
somebody or to free somebody, to confiscate some
one’s wealth, no one can do audit of PA or make
him accountable.
No one takes care of tribal people. Parliamentarians
cannot legislate. If some international organizations
plan to work for the uplift of tribal people, they are
not permitted to do so and if allowed then the
authorities try to take all the credit of that good deed
or give the impression that tribal people are against
development.
Many times, funds have been allocated for the
construction of roads but some want to keep the
tribal areas backward or want to utilize the funds for
their own benefits which often meet with fiasco.
The political reforms have given hopes to tribal
people, but old stories have been repeated and
incapable and ineligible people were elected; people
who cannot even write, let alone legislate and
understand laws.
Now some political parties have raised their voice,
but their voice is for their own interests.
FATA should be either merged with the settled
areas or should be given provincial status like that
of Kashmir and Gilgit Baltistan. Furthermore, it is
essential that tribal people have representatives in
the KP Assembly.
Sincere people are needed who do not work for
their own political and financial gains. People are
needed who strive for tribal people on each and
every forum. If through collective action or some
other way, it is possible and thanks to God that the
process has been started.
This FATA Reforms Blog post was written and
submitted by a 10th grade student from Bajaur
Agency. Click here to submit your contribution to the
Blog.
fatareforms.orghttp://www.fatareforms.org/zar-ali-khan-
fata-reforms-recommendations/
Zar Ali Khan FATA reforms
recommendations
Issues and impediments in the way of
development in FATA
1. FATA members elected by the people of FATA
cannot legislate for FATA and none of the laws
passed in the parliament apply to FATA.
2. FATA has no representation in any provincial
assembly.
3. Women and minorities are deprived of
representation, unlike in the rest of the country.
4. There is no representation for FATA technocrats
in the National Assembly or Senate of Pakistan.
5. Absence of local government elections.
6. Absence of all civil laws.
7. Lack of credible monitoring system in FATA.
8. According to 1973 Constitution of Pakistan,
FATA is part of Pakistan. Despite this, the
people of FATA have not been given all rights
guaranteed to civilized people in a civilized
society.
9. The Press and Publication Ordinance does not
exist to FATA. Therefore, tribal citizens are not
entitled to publish newspapers or journals in
FATA.
10. There are serious problems with land settlement
in FATA. Recently, the Land Acquisition Act
(1849) was extended to FATA, but its
implementation is still an issue.
11. The Frontier Crimes Regulation (FCR) gives the
political agent more power than a king had in the
past.
32
12. The Supreme Court and High Court have no
jurisdiction in FATA.
13. The Jirga system is said to have been corrupted.
14. Extremism and militancy have increased to such
a level that it has caused more than half of the
total population to leave FATA and migrate to
comparatively safe places in settled districts of
Khyber Pakhtunkhwa province.
15. Economy and business activities have been
destroyed due to the out-dated system, and
supposedly as a result of the military ongoing
war against terrorists as well.
16. The education system in FATA has been
completely destroyed. Schools, especially girls’
schools, have been bombed or ruthlessly
bulldozed by so-called terrorists.
17. Girls are not allowed to go to school without a
male member of the family. Girl students are
frequently threatened to be killed or abducted.
18. Abduction for ransom is increasing in FATA.
19. Many people—particularly students and girls—
have become mental and psychological patients
due to high stress and depression. Many are
also heart patients.
20. Mobility has been badly impacted in FATA.
21. Article 247 of the Constitution of Pakistan is the
main reason for “backwardness in FATA”. It
needs to be amended to give legislative power
to the national parliament
22. The constitutional status of the FATA should be
clarified.
Recommendations
1. An elected FATA council is needed. The council
should be empowered to present
recommendations to the President of Pakistan
regarding the future of FATA.
2. The role of tribal Jirgas in hearing civil and
criminal cases should be eliminated. Civil and
criminal courts should be established at tehsil
and agency levels, presided over by civil and
criminal judges.
3. Defendants should be guaranteed the right to
legal representation and to appeal to higher
courts. The jurisdiction of the Peshawar High
Court and the Supreme Court of Pakistan should
be extended to FATA.
4. Private investment and economic growth should
be encouraged by:
5. Developing the physical infrastructure of the
tribal agencies, including viable road networks,
farm-to-market roads, as well as energy and
irrigation projects;
6. Facilitating interest-free loans and removing
restrictions on lending to FATA citizens; and
7. Making the education system in FATA a top
priority to bring FATA students at par with
students in other parts of the country.
8. As the Afghanistan-Pakistan relationship is the
basis for peace and development in FATA,
positive and constructive steps should be taken
by both governments to ensure cordial and
friendly relations.
9. All non-governmental organizations (NGOs) and
civil society organizations (CSOs) should be
allowed to work for social and economic change
in FATA.
10. All camps of extremists and militants should be
eliminated from FATA.
11. All rights which a civilized human being has
should be guaranteed for FATA citizens.
12. All Pakistani laws relating to women should be
extended to FATA. The rights of tribal women
should be protected at all cost.
13. The Press and Publication Ordinance should be
extended to FATA.
14. Engineering universities, medical colleges and
hospitals should be established for the people of
the tribal areas at agency and FATA levels.
15. Economic “opportunity zones” should be
constructed, bringing prosperity and
development to FATA.
Source: http://www.fatareforms.org/zar-ali-khan-
fata-reforms-recommendations/
Reforms needed for FATA
development (Muhammad
Shahid Battani)
Development of an area is essentially dependent on
two important factors: 1) availability of capital, and
more importantly 2) the system of administration.
Unfortunately, in our country, bureaucracy and
politicians focus more on the money rather than on
the system of administration. No doubt, capital is
important and necessary for development. But
unless there is an effective mechanism for right and
judicious use of funds, they go down the drain. In
many cases, such mismanagement results in
money creating social discontent rather than
positive development.
In the case of FATA, this anomaly is more
pronounced than in the rest of the country. This
33
deficit is largely a result of the peculiar system of
administration in the troubled and unfortunate tribal
areas.
In this article some critical flaws in the
administration system of FATA are discussed, along
with their remedies. Hopefully, this assessment will
serve to assist efforts for eventual and real
development in FATA.
1) Concentration of power
The single office of Political Agent has several
powers serving as administration officer, judge,
finance officer, security officer, monitoring &
supervision authority and head of 16 technical (line)
departments in a respective agency. Imagine these
diverse responsibilities being shouldered by a single
person, particularly given complex internal dynamics
and the deplorable security situation in tribal
agencies.
Each political agent is responsible for many things
at once. As a result almost, most important
decisions remain pending and nothing gets done.
Simply put, political agents do not have time to do it
all.
The post of Additional Political Agent has been
created. However, this position has no proper job
description or clearly indicated responsibilities.
Sometimes he is told to work on monitoring and
other times on finance or planning, etc. His office is
sandwiched between the office of political agent and
those of assistant political agents. This results in an
inefficient tug-of-war between the additional and
assistant political agents.
Recommendation 1: There should be a separate
finance officer, security officer and two judges
(assisted by a small council of local elders) for each
agency. The political agent should serve only as
agency administration officer.
2) Nomination (nikkat) system
Currently, annual developmental schemes (school,
dispensary, roads, water wells, establishment of
orchards, fruit nursery farms, allotment of tractor
hours, etc.) are all given to specific single persons.
These frequent recipients are predominantly maliks
on permanent nomination (nikkat) selected by the
political agent.
This method is called the “nomination system”,
adopted initially by our colonial rulers to show
personal gratification to local maliks. The system
was design to suit colonial interests and not for the
larger public interest.
Under the “nomination system”, a malik considers
each scheme as personal property and not as public
or belonging to the government. After scheme
completion, however, maliks are not made
responsible for the functioning of the new facility.
This is the primary culprit behind the large number
of defunct schools, hospitals, tube wells and other
development schemes.
In many cases, maliks do not allow duty staff to
reside at the new facility or to perform their duties
on daily basis. Nominees often take the cash
directly from small schemes.
These mailks is often interested only in taking their
Class IV salaries on a monthly basis and not in the
service or development of the area. As a result, this
system causes quarrels among tribes and sub-tribes
resulting in unnecessarily long delays (sometimes
years) in implementing development projects.
Another serious problem is that this practice results
in there being several schools in some villages and
none in others. At times, one person or family living
far away from a populated village has access to
many facilities whereas the village itself is denied
services.
These issues result from the mere whims and
desires of the political administration. Due to the
nomination system, all Association for Development
of Pakistan (ADP) schemes are bought and sold
and not decided based on community needs.
Recommendation 2: Developmental schemes
should be sanctioned on the basis of need and not
based on the “nomination (nikkat) system”. If
nomination is inevitable, then projects must be
subject to prior feasibility studies by the concerned
line department. Moreover, nominations must be
time-bound and should not exceed one month.
3) Line department division of labor
Line departments are actually technical departments
that have specialties in particular public services. In
fact, these departments are the real institutions that
serve and develop society. Unfortunately in our
country, however, these departments are
subservient and at the discretion of generalist
administrators who have little technical knowledge
regarding development in FATA (except some with
backgrounds in natural sciences).
In FATA, the dozen or so line departments (health,
education, irrigation, agriculture, etc.) can only
propose developmental schemes. Final approval,
however, rests with the political agent.
The political agent, on the other hand, has the
authority to recommend technical developmental
schemes without consultation or a feasibility study
by the concerned line department. Line departments
do not even have the authority to execute small
schemes (wells, water ponds, etc.), even if it is
urgently needed by the people.
34
Line departments are required to propose schemes
and wait for their approval and subsequent release
of funds by the political agent. This process can
take several months and sometimes years. Due to
this long and quarrelsome process, allocated funds
are sometimes not utilized in the current financial
year and must be surrendered back to the FATA
Secretariat or other government entity.
Only when nomination is made by the political agent
is a project sent to the line department for a
feasibility report. In this case, line departments are
not empowered to reject a scheme, despite poor
merits on a technical or needs basis. Nominated
maliks and others can implement these projects as
they wish, needing only to justify it by stating that he
has been nominated (nikkat) for the scheme and
that he has spent a lot of time, energy or money for
it.
Line departments have been given no power to
sanction a few thousand rupees (from released
funds) for any activity or small project. For these
requests, departments are dependent on
directorates in Peshawar.
Recommendation 3: Line departments should be
given proper powers to recommend schemes on
technical and needs basis. Line departments should
also be empowered to recommend suitable
sites/villages for schemes. These departments
should also be delegated the power to sanction
budget expenditures after funds have been released
by the FATA Secretariat department of finance.
4) Duplication of schemes
Some schemes are executed by more than one
department. For example, a drinking water scheme
is executed by the department of public health, the
department of local government and also by some
non-governmental organizations (NGOs). Although
there is no local government system in FATA yet,
the FATA Secretariat local government department
does exist.
Similarly, the departments of irrigation and
agriculture extension both implement drip irrigation
projects in the same agency. Another cause of
duplication is that no record exists of ADP projects
from the previous year. Not even a list of scheme
sites and villages is maintained by the political
administration. Errors in the nomination process
also create duplication, institutionalize unjust
distribution practices and waste public resources.
Recommendation 4: Duplication of development
schemes must be stopped by improving
development project reporting and recordkeeping.
Eliminating or reforming the nomination system
would also reduce project duplication and
government waste.
5) Absence of baseline data
Presently, the political administration does not have
proper or reliable data about the number of villages
in each agency, the population of each village,
geography, natural resources, or the number of
government facilities present in villages.
This lack of baseline data is a major drawback of
the administrative system in FATA. Without data,
malpractices increase, such as faulty planning at the
agency and at the FATA Secretariat level,
duplication of development projects, misuse of
resources and other injustices.
Recommendation 5: Proper and reliable baseline
data should be collected and made available to the
political administration and all line departments in
each FATA agency and frontier region.
6) No agency-level monitoring
Currently, there is no proper monitoring and
evaluation system at an agency level in FATA.
Although the political administration has monitoring
authority, it does not make time to evaluate the
implementation of schemes or other work. There is
also a monitoring directorate in the FATA
Secretariat, but it has no representatives at the
agency level. Once a year, the FATA Secretariat
sends monitors to the agencies for few days, but
this is not enough for proper and effective
monitoring.
Recommendation 6: There must be regular
monitoring staff in each agency. If this is not
possible, there should be monitoring staff in the
office of the commissioner. This staff should be
available year round for the purpose of monitoring
and evaluating the work of the political agent and
administration staff.
7) Delay in release of funds
Late release of funds is another important factor
halting and slowing down the process of
development. Funds are not provided at proper
times and are often held until the end of the financial
year. This practice has a serious and negative
impact on many development activities–particularly
on agriculture and other time bound schemes.
Recommendation 7: Efforts should be made at the
FATA Secretariat level to ensure the timely release
of funds to ensure there is time to spend allocated
funds and complete the execution of development
projects.
By Muhammad Shahid Battani, agricultural officer in
the Department of Agriculture Extension, South
Waziristan Agency
Source: http://www.fatareforms.org/reforms-needed-
for-fata-development/
35
FATA still denied human rights
two years after 2011 reforms
(Ibrahim Shinwari)
More than two years following the official enactment
of 2011 reforms, political agents across FATA still
wield unbridled powers and local residents are still
deprived of their basic human rights.
The promulgation of a presidential ordinance
regarding a reforms package including amendments
to the notorious Frontier Crimes Regulation (FCR)
on August 12, 2011 was no small event in the sixty-
four year history of the Federally Administered
Tribal Areas (FATA) of Pakistan.
The reforms package came after years of
deliberations by legal experts and a relentless
struggle by countless political workers from FATA in
order to improve the FCR a give it some level of
acceptability and pave the way for bringing the
people of FATA into the national mainstream by
securing their legal, constitutional and basic human
rights.
The 2011 reforms package also included the
extension of Political Parties Order (2002) which
was not only warmly received by much of the FATA
population but was accompanied by the demand for
speedier changes to the century-old set of British-
era legal regulations.
Summary of 2011 Reforms
While the overarching structure of the FCR and its
legal concepts remains intact, some of the changes
introduced by the 2011 reforms include:
1. Protection of women, children under the age of
16 and tribesmen above the age of 65 from
arrest and detention under the “collective
responsibility” clause.
2. Prohibition against arresting an entire tribe
under the “collective responsibility” clause.
3. Appellate authority power to review and revise
decisions and orders.
4. Provision for an independent appeals process.
5. Strengthening of the newly established FATA
Tribunal.
6. Reference to “Qaumi Jirga” (council of elders).
7. Fixed time limits for the disposal of cases.
8. Power to transfer cases to the assistant political
agent.
9. Introduction of the concept of bail.
10. Introduction of jail inspections.
11. Fines on communities in the case of murder.
12. Acceptance of local customs and traditions.
13. Checks on arbitrary powers to arrest by the
political administration.
14. Compensation for false persecutions.
15. Audit of political agent funds by the Auditor
General of Pakistan.
Although the FCR amendments were viewed by
many as insufficient and additional reforms continue
to be demanded, it was hoped and believed at the
time that if the 2011 reforms were implemented in
their true letter and spirit, then the reforms package
would bring about a positive and fruitful change to
the existing FATA governance system.
More Reforms Needed
These aspirations of the people of FATA are far
from being fulfilled, however. More than two years
following the official enactment of 2011 reforms,
political agents across FATA still wield unbridled
powers and local residents are still deprived of their
basic human rights.
The people of FATA are still waiting for justice.
Thousands of diverse cases await disposal at the
offices of the political administration while the
concerned officials fail to show any interest in
addressing them on a speedy basis, as is advised in
the 2011 reforms package.
Local media and other tribal citizens, for example,
have not seen a single case where the political
administration has compensated an aggrieved party
for a false judgment. This despite the fact that
hundreds of appeals against false judgments of the
political administration are filed with the newly
established FATA Tribunal almost on weekly basis.
Favoritism and Pro-government Maliks
Despite recommendations in the 2011 reforms
package, the administration seems not ready or
willing to surrender the powers bestowed upon it by
the FCR. Political agents continue to behave as
“crownless kings” of each agency rather than as
true servants of the masses. The doors of the
offices of political agents are closed to the poor and
needy tribesmen while hand-picked pro-government
tribal Maliks continue as the primary beneficiaries of
official largesse and privileges.
Oddly, pro-government Maliks also consider the
2011 reforms as an infringement on the privileges
they receive from the political administration. As a
result, many Maliks have been in the front lines of
those opposing further changes to the FCR. Most of
these tribal Maliks are also opposed to the
extension of the Political Parties Order and openly
36
supported independent and candidates in May 2013
general elections.
The same pro-administration tribal elders are
awarded a majority of the development funds
allocated to the region via the FATA Secretariat and
elected FATA members of the National Assembly
(MNAs). The opinion of these hand-picked elders is
sought regarding which projects are to be carried
out and the total allocation for each area. The
political agent relies solely on this closed group of
local allies on nearly all major tribal issues, thereby
ignoring the will and opinions of ordinary tribesmen.
Ignoring prescribed rules for inviting open tenders
for all development projects, political agents rely on
the much-abused system of “nomination”, thereby
selecting only official preferred contractors. Many of
these contractors are the same pro-administration
elders mentioned above and are more than happy
to engage in the quid pro quo to secure their share
of development projects. As a result, the quality of
construction for most development projects is poor.
In some cases, projects only exist on paper while no
work is actually done on ground.
Civil Power Regulation as Anti-Reform
Tribesmen by and large welcomed the 2011
exemption of elderly from eligibility for arrest under
the FCR “collective responsibility” clause. They
were equally pleased with the new prohibition on
sealing or confiscating residential and commercial
property under the same clause. Unfortunately,
however, tribesmen are still intimidated and
penalized under this notorious and abused clause.
Prior to the announcement of the 2011 reforms
package, the President of Pakistan enacted another
regulation regarding FATA governance. In June
2011, the Actions in Aid of Civil Power
Regulation was decreed, thereby empowering
security forces to pick-up or arrest any tribesmen on
suspicion of his or her association with an outlawed
militant group or suspicion of involvement in any
terrorist-related act.
The promulgation of this Civil Power Regulation
overshadowed and to a great extend canceled the
prohibition against arresting the elderly as was
enacted less than three months later in
amendments to the FCR “collective responsibility”
clause as part of the August 2011 reforms package.
In the intervening years, a number of FATA citizens
have disappeared, leaving their relatives to knock
on doors, searching in vein for clues as to their
loved one’s whereabouts.
Challenge to Political Parties
Local political party leadership has also been unable
to see the benefits of 2011 reforms, given that the
local organizational structure of political parties is
still relatively weak. Strong opposition from FATA
status quo supporters has also made it difficult for
parties to grow and flourish.
An additional fear factor has also prevented local
political party leaders and activists from operating
freely throughout the tribal areas. Organizing
political gatherings and assembling people some
parts of FATA still implies significant security risk.
As a result, political leadership feel insecure and
rarely organize local residents in large numbers.
Low levels of literacy and political awareness have
also meant that most FATA residents are not even
aware of the 2011 reforms package or its contents.
This political ignorance can be gauged from the fact
that six out of the ten MNAs elected from FATA in
2013 were independent, not belonging to any
political party (two additional constituencies where
postponed). After elections, one independent MNA
from North Waziristan joined PML-N while the
remaining five chose to remain independent,
pledging to work for strengthening the existing “tribal
system”.
Corruption and Lack of Oversight
Despite assurances included in the 2011 reforms,
the government has thus far failed to conduct an
impartial audit of the funds accumulated and utilized
by political agents. No ordinary tribesmen have
access to check administration records nor are they
permitted to challenge the political agents powers
regarding the utilization of funds.
Corruption at all levels of the political administration
is rampant and the Khasadar and levies forces are
more concerned with fleecing local residents at
security checkpoints as opposed to with providing
security to the local populace. It is no secret that the
money collected by Khasadar forces at the security
checkpoints is distributed among political
administration officials. While this collection is
supposedly for the Agency Development Fund, no
receipts are issued for money collected and the
political agent simply keeps the vast majority of
these funds.
It is also no secret that the political agent posts are
merely put to auction and rewarded to the highest
bidder. A standing committee of the previous
National Assembly named and documented
(including the amount in each case) bureaucrats
that had paid for and “purchased” the political
administration posts of their choosing.
Inhuman Conditions and Media Access
The condition of lock-ups and prisons in several
agencies is also pathetic as prisoners are often kept
in inhuman conditions, provided sub-standard food
37
and little or no access to medical facilities. There is
no centralized jail facility in any part of FATA and all
convicted prisoners are sent to Peshawar, Haripur,
D.I. Khan and other central prisons in settled
districts.
Last but not least, media has little access—and at
times no access—to official information. Pakistan
Electronic Media Regularity Authority (PEMRA) laws
have not been extended to FATA and thus it is not
permissible to publish any newspaper or journal in
the tribal areas. This is an obvious affront to the
democratic principles of access to information and
freedom of speech.
To guarantee basic human rights and fundamental
constitutional rights for FATA citizens, urgent action
must be taken to ensure the true implementation of
the 2011 FATA reforms package and the enactment
of substantial additional reforms for the tribal areas.
Source: http://www.fatareforms.org/fata-denied-
human-rights-two-years-after-2011-reforms/
Useless representation for
FATA (Khan Zeb Burki)
There is a need to abolish the FCR and extend
constitution to the tribal region.
Parliamentarians are public representatives who
legislate for the welfare of a country and its people
without any discrimination. But it is very unfortunate
in Pakistan that these legislations may not be
applicable to all parts of the country.
he Federally Administered Tribal Area (FATA) is a
region that has neither benefited from any
legislation, nor has the parliament power to legislate
for it. How helpless is this parliament! Should it be
called a sovereign body? Powerlessness of the
Pakistani parliament in legislation for FATA puts a
question mark upon its sovereignty.
Generally, the parliament performs three functions;
representation, legislation and parliamentary
control. The legislators from FATA are merely for
the purpose of representation, while the remaining
two functions are beyond their ambit.
The question here arises as to why the tribesmen
are passed through the hectic exercise of elections
for reaching the parliament where they have no right
to legislate for their own people. Whether it is meant
for making these toothless lawmakers as a part of
democratic process?
Before 1997, the Maliks, nominated by the Political
Agent, were authorized to elect members of
National Assembly. But the presidential ordinance
empowered the tribesmen to elect their
representatives through adult franchise in elections-
1997. In 2011, the Political Parties Act was
extended to FATA. But these Ordinances could
bring any change in the powers of parliamentarians.
The real function of the parliamentarians is to make
law for the general public interest and safeguard the
rights of the people. FATA parliamentarians take
part in such legislations which cannot benefit people
of their own constituencies. Their representation is
solely meant for unjust favoritism and facilitation of
their relatives and friends.
The main objectives of FATA representatives are to
get access to developmental funds of their
constituencies besides other facilities that a
parliamentarian enjoys. The trend of misusing and
defalcating developmental funds of billions of
rupees should be abolished. Is this the job of a
legislator to construct roads and bridges, violate
merits, embezzle developmental funds and sell their
allocated funds to other constituency?
FATA has a right to send 12 representatives to the
lower house and eight senators to the upper house
of the parliament. Eleven Members of National
Assembly (MNA) have been elected in the general
elections held on May 11, 2013. However, election
in one of the 12 constituencies of FATA was
postponed due to security reasons.
The presence of FATA representatives in the
parliament is useless until the constitution allows
them to legislate for the general welfare of their
people.
All the powers to regulate FATA’s affairs are vested
in a single man, the president, and no law or act of
the parliament is enforceable in tribal region.
Does it show that the constitution is biased towards
the people of FATA? Is there no need to amend the
constitution? When it comes to FATA, constitution
bows before a century old law, the Frontier Crime
Regulation (FCR) imposed by the British colonial
empire. FATA has never witnessed the supremacy
of the constitution and the parliament.
Contrarily, tribesmen cannot exercise the rights
embodied in the constitution, including the very
basic and natural rights like that of protection of
property and life. The FCR authorizes the
government to confiscate property and take lives of
the people under the clause of collective
responsibility. While critically reviewing, the
constitution is a supreme law but perversely it bows
before the FCR in FATA. The parliament does not
exercise its supremacy in FATA as the president
has full control over the tribal areas where he can
bring any legal and constitutional change through an
ordinance.
38
Does it not a dual standard? Should one call it a
discriminatory system?
There is a need to abolish the FCR and extend
constitution to the tribal region at earnest and
empower the parliament to legislate for FATA
people.
Otherwise, the practice of political rights like parties
based elections through adult franchise cannot
change the destiny of FATA. The money and energy
invested in the elections of the MNAs and senators
may better be utilized in other activities which
directly benefit the people.
If representatives of 180 million people cannot
abolish the colonial law or have no way to convince
the democratically elected president for doing so,
and still insist that FATA should have toothless
representation in the parliament, than two words
“nugatory representation” should be written on their
seats. [1]
It is not logical for the parliamentarians to sit in the
parliament without having any right to legislate for
their people. Rather than sitting in the parliament, it
will be a better option for FATA representatives to
serve as councilors to the president and to advise
him on issues, problems and needs of tribal areas. It
will facilitate the president in understanding FATA
affairs.
Accordingly, it would be put the region on right
track. It will further increase interest of the president
in solving the problems of the tribesmen. In this
way, the people of FATA will be given their right
representation, and their issues will be better
resolved.
By Khan Zeb Burki, M. Phil scholar and Tribal
Affairs analyst
[1] Nugatory = Of no value or importance. Useless;
futile.
Source: http://www.thefrontierpost.com/article/43762/
FATA students voice reforms
demands
Future of FATA with genuine demands.
PESHAWAR: There is no doubt in the fact that
education is worst sufferer in the restive Tribal
Areas after the cursed incident of 9/11 and the
progress in the field of education that was achieved
after years of struggle, became to standstill.
About 1015 schools have been blown up in various
terrorist activities while the rest of the education
system has become practically paralyzed and a
good number of students have tilted to militancy
instead of getting education. Amidst such a crucial
situation there are some students from the war
stricken areas who by hook or by crook reaches to
the university level and get the opportunity to seek
higher education. But unfortunately on one side they
are badly discouraged by the authorities and on the
other side FATA Secretariat and University
administration also treat with them step motherly
attitude makes them loose hearts and adopt other
means rather than education. The Frontier Post
arranged a forum with the students from the Tribal
Areas of FATA who narrated their problems one by
one.
Falak Nawaz President Waziristan Students
Organization, from North Waziristan told that about
two years back, the then Prime Minister, Yousaf
Raza Gillani had announced remittance of fees for
the students of FATA keeping in view the poverty
of the majority of students hailing from FATA but the
announcement was never made practical and the
authorities have always making one excuse or
another. Falak further added that the university
administration have made a strange policy that
those students who are doing their Masters will get
discount on their university fees, whereas according
to Falak fee discount is more appropriate for those
talented students who are doing their bachelors. He
also regretted the fact that fee discount is only
applicable to those students who are studying in
morning shift whereas evening shift students are not
allowed to avail discount facility.
Rehman Khan from Mohmand Agency who is a
student of International Relations (IR) mourned over
the deteriorated system of education in the Tribal
Areas and said that it is very difficult for the students
of Tribal Areas to compete with those students who
have studied in good education institutes all over
KP. “It is illogical for us to compete in open
merit for the admission in the universities” Rehman
asserted adding that there are scores of injustices
with the Tribal students in each and every field of
education.
Jawed Khan from Bajaur and a student of Institute
of Management Science department said that the
government had reserved quota for the students of
FATA in 1970-75 when FATA was not thickly
populated and number of educated people were
also very small. “Now the population has increased
manifold and literacy rate has also been boosted but
the quota reserved for FATA is the same as about
fourty years ago” Jawed added. He demanded that
either the quota for the students of FATA be
tripled or good universities should be built in the
Tribal Areas.
He also suggested that each Tribal Agency be given
separate quota in universities instead of fix quota for
FATA based students, which will bring in par the
39
deprived students of FATA with the rest of the
country.
Akhtar Gul President Bajaur Student’s Organization
said that huge grant in the form of scholarships for
the students of FATA was issued by USAID but
due to the sluggish and irresponsible behavior of the
University administration, the grant was withdrawn.
He viewed that from 2001 onwards government
claimed to have provided emergency relief funds to
the students of Tribal Areas but nothing has been
done in this regard. He also lamented the worst kind
of situation of female education in FATA and said
that there are hardly two or three female students
from FATA in the departments of the University.
“Government must prepare a good plan according
to the tribal culture and traditions to
provide opportunities to the women folk to get
education” he suggested.
Abdur Rehman hailing from the remotest area of
Bermal, located in South Waziristan Agency
complained about absence of educational
facilities instead of lack of facilities in his area. “We
do not even have a single high school in our area,
how can one expect us to have educated people
and how can we compete with the students from
other good education institutes” he questioned while
claiming that the local administration doesn’t even
bother to repair the primary schools in the area for
the last one decade.
Another Tribal Area student Zakir Afridi said that
the students from FATA also suffer after admission
in the university as they have no reserve seats in
the hostels for their accommodation.
“Government and especially the FATA Secretariat
should construct separate hostels to be specified
only for FATA students” Zakir stressed adding that
there were hostels in the past having names as
Tribal Hostel but these hostels were now occupied
by students from the adjacent areas of Peshawar.
He also lamented over the apathy of the authorities’
concerned regarding rehabilitation of the
destroyed school in the Khyber Agency and
demanded their reconstruction and rehabilitation.
Waseem Dawar, students of Political Science
department hailing from Miranshah said Prime
Minister Nawaz Sharif has announced 2% quota for
the students of FATA but still there are no signs of
becoming it into practical shape.
“The announcement should be given practical
shape with immediate effect as more and more
students must avail it” he demanded of the
authorities.
He also lamented the behavior of the FATA
members National Assembly and Senate towards
education and stressed that these honourable
parliamentarians should focus on education on
priority basis.
Waseem Dawar claimed that they have proof of the
fact that the FATA Secretariat and the University of
Peshawar administration in connivance spent huge
amount of funds which were meant for FATA
students in buying electricity generators for FATA
Secretariat and University of Peshawar. He
demanded of the government and particularly the
National Accountability Bureau to probe this matter
and those involved be given severe punishments.
Source: http://thefrontierpost.com/fata/?p=66
Tribal citizens aspiring for
equality (GQ Khan)
The executive and judiciary are not separated under
the FCR, the Political Agent enjoys unrivaled
powers to terrorize and skin the tribals.
FATA remains a mystery for most of the world.
Reports of violence and terrorism and presence of
Taliban and Al Qaeda leaders is all that’s
associated with it. The militants, military and the
predator strikes, is all the news we get from the
tribesmen. For people living here, life is a hell of
uncertainty. It is the poorest area of the country; its
social indicators speak volumes of the outright
neglect of the area for the last sixty years. Poverty,
terrorism and hopelessness, this is all there is to
FATA.
A forgotten area, FATA, came to limelight only when
terrorist from around the globe made it their abode.
It was only after 9/11 that the world came to know of
the plight and poverty of the area and showed
concern for the tribesmen because militancy had
started hurting outside FATA. Many conferences,
seminars and workshops on FATA took place,
asking one question only, why such a beautiful and
resourceful area with such hard working people is
so poor and so vulnerable?
Citizen Action
The latest assembly of around 300 likeminded
tribesmen from FATA was held by Shaheed Bhutto
Foundation (SBF), a think tank of the Pakistan
People’s Party, in Islamabad. They called it the
FATA Citizens Grand Assembly (FCGA), which
unanimously adopted a 19 point Declaration on
June 22, 2013. Before them JUI-F, Jamaat Islami
and ANP also organized similar Grand Tribal Jirgas,
each putting forward their own solutions for FATA.
Though such events and high sounding titles bring a
lot of publicity to the organizers, unfortunately no
good came out for the people of FATA from these
efforts.
40
A glimmer of hope for FATA though, all parties and
organizations agree on the root cause of the
misfortunes of FATA and its cure. They all agree
that the discriminatory laws, especially the FCR are
the major cause of the ailment and reforms in FATA
are the only solution.
Talk of Reforms
There has always been talk of reforms but for one
reason or another they never materialized; the time
was never right. Top of the reform agenda is
amending or annulling the FCR. Prime Minister
Yousaf Raza Gillani announced abolishing the FCR
in his maiden speech but withdrew his statement
later on. At last it was after a long wait of sixty years
that the President of Pakistan announced
amendments in the Frontier Crimes Regulations
(FCR) and the extension of Political Parties Act
(PPA) to FATA on August 14, 2009. The
announcements were notified after a wait of another
long year amidst rumors that they have been
withdrawn, like the announcement of abolishing
FCR was withdrawn. Anyhow, the notifications
were, signed by the president in great pomp and
show. Besides the tribal parliamentarians, many
tribal Maliks were seen in the presidency, paid by
their Political Agents to nod all the while, at anything
and everything. One could see from the look of it
that none of them had seen the amendments in the
FCR otherwise they wouldn’t have been nodding.
Did the amendments in FCR or the extension of
PPA bring any change in FATA. Frankly, I don’t
think so. Before I comment on the amendments in
FCR or the way forward for FATA let me have the
privilege to introduce the FCR to those who are not
familiar with it. What is the FCR, why is there so
much fuss about it and why is the bureaucracy so
fond of it.
Frontier Crimes Regulation Lives On
FCR is the law designed by the British mostly for
Pathan areas to crush insurgencies. The purpose of
the law is not to provide justice but to inflict
maximum punishment on violators. FCR is still in
vogue in FATA and under this law if a crime is
committed in the tribal areas, the tribe has to identify
the criminal, arrest him, try and convict him and
produce the convict before the political
administration so that the political administration can
skin him. There is no responsibility what so ever on
the political administration in identifying, arresting or
trying the criminal.
If the tribe fails in doing any of the above then that is
another story, a long, sad story. Any sane person
will be at a loss, as to why do we need a
government if it has no responsibility to stop crime
or criminals.
FCR is an anti development law and the root cause
of poverty in tribal areas.
One is surprised to know that the abode of the most
resourceful and hard working people is poorest.
Government cannot provide jobs to the whole
population of an area, a vibrant private sector
supplement the efforts by creating economic
opportunities.
Political Agent, under the FCR can close, attach and
confiscate any private property under collective
responsibility, so no sane person will ever invest in
the tribal areas.
Besides physically locking an industrial unit, if the
Political Agent were to arrest a supervisor of a unit
or lock a truck of raw material or finished goods
under territorial responsibility the industrial unit will
automatically shut down. The law does not protect
ones hard earned assets from the acquisitive eyes
of the political administration, hence discouraging
private sector.
The executive and judiciary are not separated under
the FCR, the Political Agent enjoys unrivaled
powers to terrorize and skin the tribals. There is no
check on the Political Agent, who is the executive,
police and the judiciary, all in one. Less than a score
cases are tried under FCR, all the rest are
administrative orders issued by Political Agents
without any legal authority, a Badshah answerable
to none.
The Khassadars are a community force functioning
under the FCR. They are nominated by the tribe
according to Nikkat (share of the fathers [aka
"nomination"]) and are responsible for law and
order. They operate in their tribe’s jurisdiction only.
A Khassadari might be shared by three families so
practically we have a new face on the same post
every second day. They don’t have any service
benefits of a regular force. The state of affairs of
Khassadars will not change until the whole system
is revamped i.e. abolishing the concept of territorial
responsibilities.
2011 FCR Amendments
On the amendments in FCR, suffice to say that no
matter how many corners are cut, how many rough
edges are smoothed, if no responsibility towards law
and order is shifted to the government the
amendments are worthless. With all the
responsibility of law and order forced on the tribes
and superior judiciary barred from FATA, any
amount of amendments will fail to provide justice to
the common tribesman.
Since no responsibility is shifted to the government,
the amendments in FCR are nothing but an
eyewash. They ensure the tribal areas remain
41
isolated, undeveloped and insecure. There can be
no justice without government taking its prime
responsibility, protection of life and property of the
people. Till recently the FCR loving bureaucracy
propagated that the tribesmen don’t want reforms.
When that guile was exposed they came up with
worthless amendments. The tribal population was
cheated yet again and the blame for these no good
amendments, cheating the tribal people, solely lie
with the bureaucracy and the weak political
representatives from FATA.
Status quo vs. Progress
The bureaucracy loves it and will go to any extent to
protect it. Our friends in the bureaucracy make the
world believe that FCR is a codified Rawaj, which is
a farce. FCR is un Islamic, anti human rights and
against the constitution. Peshawar High Court has
already annulled it from PATA on these grounds, I
wonder when the Supreme Court will wake up. The
days of the Raj are over, at the age of sixty plus, it’s
time the government takes some responsibility of
protecting life and liberty.
A question for legal experts:
Can parliament restrict the jurisdiction of superior
judiciary? Can parliament say that tomorrow
onwards the Supreme Court is barred from
Balochistan? If not, then why is the Supreme Court
quiet about FATA’s deficiency?
Legislative Responsibility
The people of FATA can’t blame anyone for their
misfortunes after the extension of adult franchise.
FATA parliamentarians have all the rights and
privileges extended to other parliamentarians; no
one has stopped them from proposing amendments
to the Constitution. FATA was represented on the
Special Committee of Parliament proposing
amendments to the constitution in 2009 but FATA’s
rep didn’t speak a word. Many tribesmen asked him
to demand provincial rights for FATA and
amendments to article 246 and 247 (dealing with
FATA) of the constitution but he didn’t plead FATA’s
case. Even a promise for the coming future couldn’t
be managed what to ask for a dissenting note.
There is talk of a FATA Council, which surprises
me. Why demand a FATA council? FATA enjoyed
full provincial rights earlier, one fails to understand
the logic why it should be denied the same now. So,
why not demand restoration of provincial rights, as
an independent province. Among the special areas
defined in the Constitution FATA is 46%, almost four
times the size of Gilgit Baltistan which is12%. It’s
larger than AJK which is 42% of special areas. Just
to show a comparison the area of FATA is 27000 sq
kms while that of AJK is 13000 sq kms. GB has
been given the status of a province and AJK that of
a country whereas FATA has been left high and dry
at the mercy of FCR loving bureaucracy.
The misfortunes of FATA don’t end here. Every
president and prime minister made tall promises of
development in FATA but they never fulfilled them.
They address Grand tribal Jirgas in Darbar Hall of
the Governor House just to get the feel of being the
Vice Roy. In spite of all their claims seventy percent
of FATAs population lives below poverty line. Its
social indicators match with the poorest in the world
yet FATA is always ignored while allocating funds.
Instead of allocating additional funds in an effort to
bring FATA at par with the rest of the country it
hasn’t received even its due share.
FATA Federal Budget Allocation
FATA has always been treated unfairly by making
less allocation in the federal budget in comparison
to other Special Areas. Below is a comparison of the
budget allocated to the Special Areas for the last
five years.
Year/Rs
in Mns
Total
allocation
to special
areas
Allocation
to FATA
Share
of
FATA
@ 46%
Less
allocation
to FATA
%age
shortfall
2008-09 55,782 14,882 25,660 10,778 42
2009-10 67,333 19,085 30,937 11,888 38
2010-11 82,417 22,096 37,912 15,816 42
2011-12 84,677 24,690 38,952 14,241 37
2012-13 97,077 28,538 44,656 16,117 36
Total 387,287 109,292 178,152 68,860 39
The losses will be much greater if a comparison to
the federal divisible pool is made. The arrears
/shortfall pertain to 5 years only, the amount will
increase manifold if previous years and multiplier
effects are taken into account. Allocating Forty
percent less than its due share is criminal, as if
FATA was given half of its share. Instead of giving
preferential treatment and additional funds we
fleece FATA.
Lack of Education Investment
The time period referred above was the peak of
insurgency in FATA, the time we trumpeted 3 Ds
day in and day out. We can safely deduce that
during peace times FATA must have been getting
ten percent of its due share. That’s why there is no
professional college, university or tertiary care
42
hospital for a population of around ten million living
in 27,300 sq km area.
If one looks at the Public Sector Development
Program (PSDP) one is surprised to see mega
projects worth Billions of rupees being implemented
in the provinces by the federal government. It’s not
so in the case of FATA, I didn’t come across a
single project being implemented in FATA. People
in other parts of the country enjoy freedom of
assembly and freedom of expression. Whenever
there is any such injustice they voice their concern.
It’s not so in FATA.
One might ask as to where the meager allocation
sanctioned each year is spent? These funds are
wasted by the administration on futile schemes
given as bribe like awarding retaining walls and dug
wells or sold to Maliks as primary schools and
dispensaries, who use them as Hujras and get paid
for doing so. The digging of thousands of wells all
over FATA is a case in point. As per the survey
report the dug wells and tube wells should have
inundated the area three times over by now.
FATA is totally dependent for its funding on Finance
Division. Its budget is approved by the federal
government and for every additional requirement it
has to approach the federal government. It doesn’t
have its own resources like other provinces. All
funds generated by FATA go into the federal
treasury and cannot be used by FATA.
Taxes Collected by Political Agents
Billions are collected by the Political Agents in
Rahdaris, district import and export tax and exports
to and imports from Afghanistan. Food items are
subsidized around the world but FATA
administration’s major source of earning is taxes on
food items. Just imagine the small economy of a
tribal agency and squeezing millions out of it
continuously. The way these funds are utilized is an
open secret. These funds have been discussed and
debated at the highest forums with clear instructions
to bring transparency in collection and expenditure
of these funds but sadly nothing has happened.
Efforts were made to Formulate Agency Welfare
Fund Rules but they are delayed on one pretext or
another. These funds could be a major source of
FATA own receipts.
We have an open border policy with Afghanistan
and except for a few items like tea and tires trading
in all goods is permissible. Without going into the
details of Trade Agreements, Joint Chamber of
Commerce or the thousands of people who cross
the border un monitored I want to focus on the fact
that in spite of all the SROs, we have converted our
simple tribesmen into smugglers and make them
pay for legal trade.
All funds of FATA are lapsable at the end of the
financial year without any provision for their revival
in the next financial year. FATA doesn’t has its own
Account -1 with the State Bank, meaning that it
cannot utilize lapsed/ unused funds in the next
financial year like other provinces can do and of
course it cannot borrow a loan from State Bank just
in case.
Cost of War
For the last so many years the country in general
but FATA in particular is stuck in the War on Terror.
Tribal society has been torn apart, the economy has
totally been destroyed, the social fabric is in tatters,
the way of life, Pushtunwali, has been eradicated.
The World Health Organisation (WHO), reports that
about four percent of the population in FATA and
Khyber-Pakhtunkhwa suffers from severe
psychiatric disorders. It further says that a much
larger segment of the population suffers from
transient mental-health problems linked to stress of
living under conditions of conflict and violence.
Roadside bombs and suicide bomb attacks are a
common phenomenon.
As per Planning and development department
FATA, report on ‘Cost of conflict in FATA’ the war
on terror has cost FATA Rs. 212,443 Million till
2010. FATA’s total allocation of the last five years
(Rs.109,292 Mn) doesn’t even cater for the losses
incurred what to say of development. There is a dire
need for a special allocation for War on Terror for
FATA to rebuild the losses incurred. Under the NFC
award, the government has allowed one percent of
the total divisible pool to Khyber Pukhtunkhwa for
losses due to terrorism, this translates to more than
twenty billion rupees annually; no such provision
has been made for FATA whereas we all know the
fact that FATA has suffered the most due to
terrorism.
Recommendations
So, what’s the way forward? In my humble opinion
the government needs to take two major initiatives
and everything will fall in place. From a liability
FATA will become a beacon of hope and source of
inspiration for the rest of the country.
1. Restoration of provincial rights to FATA. By
doing so issues raised by the Grand Jirgas like,
reserving seats for FATA women in National
Assembly and Senate, provision of health and
education to the people of FATA, providing job
opportunities and infrastructure throughout the
length and breadth of FATA, having an elected
Local Government and making Political
Administration accountable to it, will all be resolved.
Once declared a province or given the status of a
province like in the case of GB it will be able to
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operate its own Account-I with State Bank of
Pakistan resolving all its financial vows. As a
province it will automatically get representation on
the National Finance Commission (NFC) which will
take care of its less allocations.
2. To provide justice and bring the tribal areas a
step closer to mainstream Pakistan the best option
is to extend the jurisdiction of the superior
judiciary to FATA, which will not only protect the
human rights of the tribal people but will also be an
independent and impartial check on the Political
Administration. Once the jurisdiction of Superior
Judiciary is extended to FATA abolishing the
colonial black law of FCR won’t take much time.
Conclusion
Tribesmen have suffered enough; they have been
discriminated against for a very long time and they
won’t wait another sixty years for reforms leading to
equal rights.
The words of the Quaid still echo in FATA wherein
he assured the people of every possible help and
assistance to fulfill their dreams. “Pakistan wants to
help you and make you, as far as it lies in our
power, self-reliant and self-sufficient and help in
your educational, social and economic uplift.”
Unfortunately tribesmen weren’t so lucky, his
promises were flouted and the rest is history.
It is sheer incompetence and negligence on part of
the government that has made FATA hostage to
poverty, illiteracy and now militancy.
Though a lot of water has flown under the bridge, it
is still not too late to take corrective measures if the
government is serious in mainstreaming FATA and
solving the problems of the tribesmen face.
Personally I feel that the discriminatory laws have
done more damage than the less funding.
We have to mainstream FATA with equal rights and
opportunities.
Additional funding has to be accompanied by
repealing discriminatory laws. One without the other
will not help.
Violence breeds violence, Insurgency cannot be
won through military action alone. There has to be
hope in the future, there have to be opportunities
otherwise militancy will haunt us in one form or
another for the rest of our lives. Anything less isn’t
good enough.
All those pleading the cause of FATA should
advocate and support extension of full provincial
rights and extending jurisdiction of superior
judiciary to FATA. This is the only way forward.
By Ghulam Qadir Khan Daur
Source: http://www.thetribaltimes.com/articles/aspiri
ng-for-equality/
Rights for FATA and the need
for legislation (Nizamuddin
Khan)
The Frontier Crimes Regulation (FCR) is evil as it
denies citizens of Pakistan their fundamental rights.
Speaking for the rights of FATA has become a sort
of fashion nowadays. Non profit organizations have
started new initiatives which mostly start in one five
star hotel hall and end in another.
A grand jirga too was formed in this regard by the
Shaheed Bhutto Foundation which was addressed
by the presidents himself but my concern here is not
the charity organizations but the presence of some
20 legislators from the tribal belt in the National
Assembly and Senate of Pakistan.
For the first time in its history, the region saw party
based elections and showing the political maturity of
the inhabitants, almost every party came up with a
contestant there. The so called reforms gave the
extreme right wing parties a significant edge in
calling mass gatherings but that is a separate
debate.
Lack of Parliamentary Oversight
Seeing the very members of the house, who are
given high value during intra-parliament elections,
unable to make a single law for their native region is
saddening. Most of them can be seen sleeping in
the house to which they are almost of no use but
since the general elections, a few members have
started asking for their rights. Well — technically,
most of the times it is about development funds but
the assembly also resonates with the letters F-C-R
at times.
The evils of FCR and its rooting out from FATA, as it
denies the citizens of Pakistan their fundamental
rights, has been discussed by many at a lot of
forums but in my humble opinion, it is not speaking
in the assembly that would do us any good but the
beginning of a legislative procedure starting with the
flooring of a bill against the now obsolete regulation.
Islamabad could see a much awaited mass
mobilization of the tribesmen asking for their human
and constitutional rights.
Representing a joint population of millions mean
that even if the parliament fails to understand the
problem, Islamabad could see a much awaited
mass mobilization of the tribesmen asking for their
human and constitutional rights. The cause would
be bigger than those mentioned in the D-chowk
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protests of Tahirul Qadri, Imran Khan, Hafiz Saeed
and many more.
FATA needs a change and whoever helps the
tribesmen in achieving one will become a good part
of the otherwise turbulent history of these times for
sure.
Source: http://fromfata.wordpress.com/2013/09/07/t
he-need-for-legislation/
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