The Struggle for Rights and Reforms in Pakistan’s Tribal Areas

As Printed in the November 2014 Report:

FATA Faces FATA Voices

Shackled for more than one hundred years under an outdated British law, the Federally

Administered Tribal Areas (FATA) of Pakistan has been plagued by instability extending well

beyond its colonial-era border with Afghanistan. Excluded from essential provisions of the

Constitution of the Islamic Republic of Pakistan, the tribal areas are administered through a

legal and administrative regulation known as the Frontier Crimes Regulation (FCR), originally

imposed in 1901. No act of the Parliament of Pakistan applies to FATA unless extended by

special orders from the President of Pakistan. Furthermore and despite the continuous struggle

of the people there, FATA enjoys no elected representation at local or provincial levels, and

until 1996 tribal citizens had no universal voting rights in elections for the National Assembly

of Pakistan.

The FCR was originally enacted by British authorities in an attempt to control Pashtun tribes

on the northwest frontier of British India. The provisions of the regulation provided sweeping

and arbitrary powers to political agents – administrative head of the each agency and agent of

the President of Pakistan – to arrest members of a whole tribe, demolish their homes, blockade

them, close their businesses and confiscate their property to enforce compliance with

government interests. While the FCR was abolished in Pakistan’s Northwest Frontier Province

(NWFP, now Khyber Pakhtunkhwa) in 1956, it remains in force in FATA still today.

For the last three decades, the people of FATA have seen their land and associations exploited

for strategic gain. First during the Afghan jihad and later during Taliban and post-Taliban

periods in Afghanistan, the people of FATA have been an unwilling host to government forces

as well as militants from around the world. This occupation has severely limited the sovereignty

and equality of tribal citizens, enabled a prosperous and corrupt war economy in FATA,

empowered militants and decreased space for democratic voices.

In efforts to combat the governance vacuum and democratic deficit facing

tribal citizens, mainstream political parties in Pakistan have united to

demand that the people of FATA be provided the same constitutional rights

enjoyed by other Pakistani citizens.

In 2010, mainstream political parties formed the Political Parties Joint Committee on FATA

Reforms (known as the FATA Committee) to demonstrate a shared commitment to progress

and prosperity in FATA, promote debate and call for the implementation of reforms in the tribal

areas. For years, the FATA Committee and other stakeholders have worked to build consensus

and pressure government.

Following government pressure by this multi-party advocacy effort, President Asif Ali Zardari

enacted a FATA reforms package in August 2011, including removing the ban on political

party participation in tribal elections, making significant amendments to the FCR and

increasing development activities in FATA. Although implementation of some 2011 reforms

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 2

has been inconsistent, the changes have helped to create an enabling environment for

democratic actors in FATA. In 2014, the ten political parties on the FATA Committee along

with other tribal political leaders and civil society activists continue to push for further reforms

for FATA, including peace and development, the introduction of a local government system,

separation of judicial and executive powers, extension of the superior judiciary’s jurisdiction,

and a constitutional amendment to guarantee fundamental rights and authentic legislative

representation for FATA citizens.

As is demonstrated throughout this report, government institutions, political parties and civil

society in Pakistan indicate widespread consensus on the need for new and more

comprehensive reforms for FATA. In recent months for example, President of Pakistan

Mamnoon Hussain said that government is committed to reforms to help the people of FATA1

and that all possible measures would be taken to bring FATA into the mainstream2. Regardless,

and given the powerful actors involved in making decisions regarding the strategically

significant tribal areas, popular support and strong political will is needed to implement the

longstanding reform demands of both people in FATA as well as patriotic Pakistanis across the

country.

The Birth of FATA

The Federally Administered Tribal Areas (FATA) of Pakistan owes its existence to the struggle

between the British and Russian empires for supremacy in Central Asia. To protect India from

Russian influence in Central Asia, the British considered Afghanistan as a trump card in the

geopolitical battle commonly referred to as the “Great Game”.3 British policymakers were

divided on how to bring Afghanistan under their sphere of influence. War hawks advocated a

“forward policy” strategy while others argued for the creation of a buffer zone to combat the

Russian advance into South Asia.

FATA is today comprised of thirteen administrative districts, including

seven primary “agencies” and six “frontier regions”. From north to south,

the agencies are Bajaur, Mohmand, Khyber, Orakzai, Kurram, North

Waziristan and South Waziristan. The frontier regions (FRs) are FR Bannu,

FR Dera Ismail Khan, FR Kohat, FR Lakki Marwat, FR Peshawar and FR

Tank.

Despite Major General Sir Henry Creswicke Rawlinson’s arguments in favour of physical

occupation of Afghanistan’s power-center in Kandahar, the “forward policy” was rejected in

favour of the less ambitious strategy of a closed-door policy towards Afghanistan. The strategy

stipulated that – in return for subsidies – Afghanistan would become a buffer to curtail Russian

influence. Subsequently, the Pakistan-Afghanistan border agreement of 1893, known as the

Durand Line Agreement,4 between British India and the Afghan Amir (ruler) instigated a tribal

uprising in 1897 during which tribes from Malakand to Waziristan attacked British forces.

In 1901, due to strong Pashtun resistance to British subjugation, authorities separated Pashtun-

populated areas from Punjab Province on the other side of the Indus River. As a result, an

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 3

additional buffer area was created in 1901 and named the Northwest Frontier Province (NWFP,

later renamed Khyber Pakhtunkhwa), including the “settled areas” inside today’s provincial

borders as well as the adjacent tribal areas of FATA.

The creation of NWFP and the adjoining tribal areas was designed to rein

in and control Pashtun tribes.

To achieve this objective, the British devised a “carrot and stick” policy by providing financial

rewards to friendly tribal chiefs (maliks) and punishing non-cooperative behaviour through

strict application of a new legal and administrative regime known as the Frontier Crimes

Regulation (FCR).

Pashtun Reform Movements

Application of the FCR to NWFP and the tribal areas gave birth to a new class of Pashtun

reformers. This new face of Pashtun resistance was informed by contributions made by

missionary schools in Peshawar, exposure to modern influences in the British Indian Army,

and an educational reform movement known as Tehrik-e-Dar-ul-Uloom-e-Islamia (the Islamia

College Movement) in 1913. The latter was also inspired by the Aligarh education movement

of Muslim scholar Sir Syed Ahmad Khan, who stressed reform through the acquisition of

modern education by Muslims from India.

Another Pashtun reform movement was spearheaded in 1916 by Abdul Ghaffar Khan, better

known as Baacha Khan, and to the Indians as the “Frontier Gandhi”. The Baacha Khan social

reform movement gradually transformed into a political movement known as the Khudai

Khidmatgar Movement (Servants of God Movement) and later aligned with the All India

National Congress in 1930.

Pashtun reformers opposed the FCR and other British policies restricting

their political rights.5

Although those aligned with the Khudai Khidmatgar Movement were able to form a

government in NWFP following 1937 and 1946 elections, their inclination towards the Indian

National Congress and opposition to the partition of India put them on the wrong side of history

when the All India Muslim League spearheaded the creation of Pakistan. According to one

account, Baacha Khan had agreed to the accession of NWFP to Pakistan on the condition

(among others) that the tribal areas be officially merged with NWFP (now Khyber

Pakhtunkhwa Province).6

Following the departure of the British and the creation of the new Islamic Republic of Pakistan

in 1947, the FCR was repealed in NWFP in 1956 and in Malakand Agency in 1975. Quaid-e-

Azam Mohammad Ali Jinnah had agreed to Baacha Khan’s proposal of integrating FATA with

NWFP, but Jinnah asked that the tribes be convinced before such a merger.7

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 4

Militants and Foreign Intervention

After the creation of FATA and following the Soviet intervention in Afghanistan in 1979,

Pakistan’s strategic considerations in FATA were supported by black market and drug

traffickers, some civil servants, and a minority of tribesmen with stakes in maintaining the

status quo. As these forces stifled voices for reform in FATA, the Soviet intervention set the

stage for another period of proxy wars in the region. Initial local resistance to the Soviet

presence transformed the region into a theatre of war impacting Pashtun society as well as

global developments.

The Afghan resistance attracted jihadis (holy warriors) from around the world and FATA was

used for sanctuary and transit of weapons and fighters to infiltrate Afghanistan and attack

Soviet and Afghan troops. The attacks of September 11, 2001 and the subsequent intervention

to topple the Taliban in Afghanistan further aggravated the situation and transformed FATA

into an international flashpoint. FATA basic foundation of tribal society was transformed as

militant groups took advantage of the vacuum by targeting traditional tribal maliks, political

leaders and progressive democratic actors in the tribal areas.

The Frontier Crimes Regulation

First implemented in 1901, the FCR is an instrument of control, which violates modern

principles and systems of justice. On suspicion of non-conformist behaviour, a political agent

(senior civil servant) may imprison tribesmen for as long as he wishes (prior to 2011

amendments). In addition, political agents have the power to imprison most members of a

whole tribe for the offence of one of its members, order houses demolished or burned,

confiscate their property, close their businesses and order blockades against hostile tribes. Prior

to 2011 amendments, the FCR did not distinguish between male, female and child offenders

and still does not provide any right to counsel to the accused.

Among other changes, 2011 amendments to the Frontier Crimes

Regulation (FCR) prohibit authorities from arresting women and children

and provide small gains in terms of the right to appeal judicial decisions of

administration officials.

In opposition to international governance standards regarding the separation of powers, the

federal government maintains legislative, executive and judicial control over FATA, denying

both the Pakistani judicial system and the Parliament of Pakistan any jurisdiction in the tribal

areas. At the local level, political agents are empowered by the FCR to exercise the combined

powers of police, prosecution, judge and election administrator all in one office.

FATA Administrative Reform

Administratively, a special FATA cell in the NWFP Planning and Development Department

was historically responsible for administrative decisions and development projects in FATA.

In 2002, however, a new FATA Secretariat was created and upgraded in 2006 as the FATA

Civil Secretariat, headed by an Additional Chief Secretary, other secretaries and directors.8 The

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 5

FATA Secretariat is a central administrative entity that manages the relationship between the

President of Pakistan, the Khyber Pakhtunkhwa governor and the government officials

responsible for implementation of administrative and judicial functions of the Frontier Crimes

Regulation (FCR) at the local level in the tribal areas. While providing benefits in terms of

streamlining administrative functions, the creation of the FATA Secretariat also contributed to

the centralization of power held by the federal government.

The Right to Vote in FATA

The struggle for full voting rights in FATA was spearheaded by democratic elements from

within the tribal areas working together in a coalition called Tehrek-e-Itihad-e-Qabael

(Movement of the Coalition of Tribes).

Their struggle came to fruition when the government of Pakistan responded

to their longstanding demand in 1996, providing voting rights to all adult

citizens of Pakistan residing in FATA, thereby facilitating their

participation in 1997 general elections.

Before 1996, an electoral college of tribal chiefs loyal to the government voted for elected

FATA representatives in the National Assembly of Pakistan.9 Selected by local agents of the

President of Pakistan, members of the electoral college were provided regular government

allowances called lungi. According to one estimate, there were approximately 40,000 lungi-

holders in FATA representing millions of voters prior to the introduction of adult franchise.

Jinnah reportedly wanted legal and political reform in FATA, hoping that tribesmen would opt

for alternatives in Pakistan that did not include dependence on the custom of British or

government allowances as a source of income.10

FATA Citizens for FATA Reform

Individuals and groups in the tribal areas, Pakistani civil society groups and international

organizations have also pressed for legal and political reforms for FATA. While focusing on

particular reform areas relevant to their organizational missions, most groups have agreed on

the basic principles and reasons for reform and also call for people in FATA to be guaranteed

equal rights with other Pakistani citizens.

The FATA Lawyer’s Forum, for example, has made repeated calls for amendment of Article

247 of the constitution to extent High Court and Supreme Court jurisdiction to FATA and

guarantee fundamental rights and rule of law in the tribal areas.11 Likewise, the FATA Youth

Forum has pushed for increased educational and employment opportunities for tribal students

and young people while also demanding that their voices be included in government initiatives

for FATA. In addition, the Tribal Union of Journalists (TUJ) and other local groups have made

increasingly vocal recommendations for enhanced democratization in FATA.

In an effort to amplify the voices of FATA citizens, the Shaheed Bhutto Foundation (SBF) held

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 6

a series of consultative workshops in 2008 with a wide-range of stakeholders in the tribal areas

and facilitated a process to develop specific consensus recommendations for “defining,

democratizing and developing” FATA. As a result of those workshops, a Mainstreaming FATA

report was published, including recommended reforms for—among others—peace and

development, the Jirga system, the role of political agents, and repeal or significant amendment

of the Frontier Crimes Regulation to bring it at par with the constitution and human rights

standards.12 Subsequently, in February 2009, President Asif Ali Zardari announced reforms for

FATA in line with SBF recommendations. The president did not, however, notify or enact the

changes until 2011 after additional pressure from political parties and others (see below).

Following enactment of a 2011 reforms package, SBF continued to work with FATA citizens

at the grassroots level to arrive at consensus demands for further reforms. Including a diverse

group of citizens, the Pakistani civil society organization established reform councils in all

tribal agencies and frontier regions as well as with women and FATA students at universities

in Khyber Pakhtunkhwa. After a series of individual reform council meetings, 300 tribal

citizens came together in June 2013 as the FATA Grand Assembly to debate and ultimately

approve the Citizens’ Declaration for FATA Reforms, or FATA Declaration.

According to media reports, the FATA Declaration asserts that “all

tribesmen must be guaranteed the same fundamental rights enjoyed by

other citizens of the country and guaranteed by the constitution”.13

Following the FATA Grand Assembly and the announcement of the FATA Declaration, the

FATA Lawyer’s Forum (FLF) also began a push of their own for judicial reform in the tribal

areas. Uniting the voices of all tribal lawyers, FLF held a conference on rule of law in FATA

with Peshawar High Court Chief Justice Dost Muhammad Khan and drafted a resolution to be

passed by the National Assembly outlining substantial legal reforms for FATA. The lawyers

presented their reform demands to the President of Pakistan, the Supreme Court, FATA

members of the Senate and National Assembly, and the Khyber Pakhtunkhwa Provincial

Assembly, and subsequently received vocal support from the Supreme Court Bar Association

of Pakistan and political leaders throughout the tribal areas. The agenda advocated by the

FATA lawyers includes:

Human rights and fundamental rights of FATA citizens should be guaranteed;

Removal of clauses three and seven of Article 247 of the constitution to extend the

jurisdiction of the Supreme Court and High Court to FATA, and transfer legislative

power from the President of Pakistan to the parliament;

Separation of executive and judicial powers in FATA; and

Judges sitting on the FATA Tribunal should be from the judiciary and not retired

bureaucrats.

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 7

FATA REFORM HISTORY

Timeline of Political and Legal Reform for Pakistan’s Tribal Areas

1848: Annexation of FATA with British India

1893: Durand Line Agreement signed

1897: Tribes on Pakistan-Afghanistan border attack British forces

1901: Frontier Crimes Regulation (FCR) enacted

1913: Tehrik-e-Dar-ul-Uloom-e-Islamia (Islamia College Movement) began

1916: Khudai Khidmatgar Movement (Servants of God Movement) began

1947: Islamic Republic of Pakistan established

1956: First Constitution of the Islamic Republic of Pakistan

1956: FCR abolished in Northwest Frontier Province (NWFP, remained in force in FATA)

1962: New Constitution of the Islamic Republic of Pakistan

1973: New Constitution of the Islamic Republic of Pakistan

1975: FCR abolished in Malakand Agency and Balochistan (remained in force in FATA)

1996: Adult franchise granted to FATA

1999: General Pervez Musharraf creates National Reconstruction Bureau, including an agenda for FATA reform

2000: General Musharraf establishes FATA Reforms Committee recommending FATA province, FATA council, and representation in NWFP Provincial Assembly

2002: General Musharraf enacts local government system in FATA (later repealed)

2004: Human Rights Commission of Pakistan calls to abolish FCR in FATA

2005: FCR Reforms Committee established, Chairman Justice Mian Ajmal

2006: FATA Secretariat established

2007: Benazir Bhutto petitions Supreme Court for extension of Political Parties Order to FATA

2008: Prime Minister Yousaf Raza Gillani promises to abolish FCR

2008: Cabinet committee established to recommend FCR reforms, Chairman Farooq Naek

2009-2013: Shaheed Bhutto Foundation (SBF) conferences with leaders throughout FATA on mainstreaming

2009: President Asif Ali Zardari announces future FATA reforms

2010: Political Parties Joint Committee on FATA Reforms (FATA Committee) established with mainstream political parties

2011: President Zardari enacts FCR amendments and Political Parties Order extension to FATA

2012: FATA Secretariat announces draft FATA Local Government Regulation

2013: Mian Nawaz Sharif promises during election campaign to bring FATA into political mainstream

2013: First-ever political party-based elections held in FATA

2013: FATA Grand Assembly approves 19-point Citizens’ Declaration for FATA Reforms (FATA Declaration)

2013: President Zardari receives FATA Declaration, announces future enactment of FATA Local Government Regulation, and calls on new government to enact new reforms for FATA

2013-2014: FATA Lawyer’s Forum calls for extension of High Court and Supreme Court jurisdiction to FATA

2013-2014: FATA Committee announces consensus political party recommendations for further reform, including election reform, local government reform and 11-point constitutional, political and legal reforms for FATA

2014: Former Khyber Pakhtunkhwa Governor Engineer Shaukatullah Khan calls for new local government system and FATA political mainstreaming

2014: Minister for States and Frontier Regions Lt. General (Retd.) Abdul Qadir Baloch announces support for FATA mainstreaming and future reforms

2014: Peshawar High Court refers Article 247 of the Constitution of Pakistan to government for amendment

2014: Khyber Pakhtunkhwa Governor Sardar Mehtab Ahmed Khan establishes FATA Reforms Commission, Chairman Ejaz Qureshi

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 8

FATA Declaration

The FATA Grand Assembly, made up of tribal elders, religious clerics, political and social

activists, students, women representatives, lawyers, journalists, teachers and other citizens

from FATA, came together in June 2013 and adopted the Citizens’ Declaration for FATA

Reforms by unanimous consent. The full text of the declaration is as follows:

“It is our consensus, as tribal citizens, that the amendments made to the

Frontier Crimes Regulation (FCR) in 2011 are not being implemented in

their true letter and spirit.

While paying homage to the Honorable President of the Islamic Republic of Pakistan, who

took notice of our miseries and enacted the FATA Reforms Package of 2011, we request the

President to direct for urgent and comprehensive implementation of existing reforms.

Furthermore, we unanimously propose the following immediate changes for further reforms in

FATA:

1. The Constitutional provisions regarding FATA need to be amended to the extent that

FATA Parliamentarians could play a role or take part in the legislation for FATA.

Furthermore, the constitution should be harmonized so as the fundamental rights

enjoyed by the rest of country should be extendable to FATA;

2. The status of FATA should be decided by its people;

3. A FATA Council elected on adult franchised basis should be established in FATA

which should be empowered to suggest to the President of Pakistan regarding the future

of FATA;

4. Local Governments should be established under FATA Local Governments Regulation

2002 (with some amendments, if needed) and the Jirga system should be made more

democratic, effective and representative;

5. The Political Administration should be accountable to elected representatives of Local

Governments;

6. There should be reserved seats for tribal women in the National Assembly and Senate,

like in the rest of Pakistan;

7. The Frontier Crimes Regulation (FCR) should either be substantially amended or

annulled to recognize the fundamental rights of the people of FATA;

8. There should be separation of judiciary and executive as in the whole of the country;

9. The jurisdiction of the High Court and Supreme Court of Pakistan should be extended

to FATA;

10. The civil armed forces, such as Khasadar and levies, should be strengthened and

reinforced and adequately armed;

11. Promotion of education at the grassroots level is needed in all of FATA, while

vocational training and skills development also need special attention. Separate

universities for male and female students, colleges and technical institutes should be

established on priority basis in FATA;

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 9

12. No person, male or female, should be deprived of property without due compensation,

and the law of inheritance should be extended to FATA;

13. Fully operational Hospitals equipped with adequate facilities and experienced staff

should be established in every Agency and FRs of FATA. The hospitals should also

have well-equipped trauma centers. Women’s and children’s hospitals also need to be

established so that female and child mortality rates can be decreased significantly;

14. Due attention should be accorded to a planned and phased program for infrastructure

development in FATA;

15. A comprehensive development package should be initiated which will help to bring

prosperity and job opportunities for the people of FATA by exploiting natural and local

resources;

16. Press and Publication ordinance and PEMRA ordinance should be extended to FATA;

17. Actions in Aid of Civil Power Regulation 2011 should be abolished immediately;

18. Reserved seats for FATA and FANA should be separated; and

19. Imposition of General Sales Tax (GST) in Budget 2013-14 on FATA is unanimously

rejected and demanded of government to take its decision back immediately.

Special Note: The participants of the FATA Grand Assembly strongly demand the restoration

of peace in FATA by the government and other concerned authorities.”

Challenges to the Frontier Crimes Regulation

According to the independent Human Rights Commission of Pakistan (HRCP), both

international human rights norms and fundamental rights guaranteed in the Constitution of

Pakistan are violated by the Frontier Crimes Regulation (FCR). HRCP held a series of

consultations in FATA with the Tribal Reforms and Development Forum (based in Khyber

Agency) which led to the publication of a 2004 report entitled FCR: A Bad Law Nobody Can

Defend.

In the report, HRCP recommended total repeal of the FCR due to its

violation of the Universal Declaration of Human Rights, the fundamental

rights enshrined in the Constitution of Pakistan, and based on a series of

judgements against the regulation made by the superior judiciary of

Pakistan.14

Since the first Constitution of Pakistan in 1956, the FCR has also come under constant judicial

review.15 Several provisions of the regulation have been declared by the superior judiciary to

be void and inconsistent with fundamental rights. In the 1954 Sumunder v. State case, for

example, FCR proceedings were referred to by Justice A. R. Cornelius as "obnoxious to all

recognised modern principles governing the dispensation of justice".16

Articles 8 to 28 of the Constitution of Pakistan describe the fundamental rights guaranteed to

citizens of Pakistan. Accordingly, any law is to be void if it is inconsistent with the fundamental

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 10

rights enshrined in the constitution.17 The fundamental rights enshrined in the constitution

include, but are not limited to the right to personal security, the right of the accused to counsel

and to be heard in a fair trial, the right to engage in lawful business activities, the right to

information, the right to education, protection of property rights, freedom of movement,

freedom of association, freedom of religion, freedom of speech, non-discrimination and

equality of all citizens.

Despite these constitutional guarantees and numerous challenges before the superior judiciary

in Pakistan, the equality of FATA citizens is denied elsewhere in the constitution. Article 247

explicitly states that no act of parliament is applicable to FATA unless approved by the

President of Pakistan. Article 247 also states that neither the Supreme Court nor any High Court

may exercise any jurisdiction related to the tribal areas.

International Pressure for FATA Reform

Political and legal reforms for FATA have been debated in national and international circles

since before 2001. As the security situation escalates and the plight of the FATA people

becomes more severe, many have pointed to human rights as well as security concerns as

repeated calls have been made for abolition or amendment of the Frontier Crimes Regulation

(FCR).

In addition to concerns raised by domestic courts and organizations in

Pakistan, Pakistan has come under increasing pressure from international

groups working on related issues globally.

The European Union (EU), the International Crises Group (ICG), Amnesty International, the

Council on Foreign Relations18 and others have questioned Pakistani government rationale

behind allowing the FCR to remain in force given that it denies basic human rights to the people

of FATA.19 International actors have also called for abolition of the Actions in Aid of Civil

Power Regulation. Enacted in 2011, this law gives sweeping and retrospective powers and

protections to the Pakistani military when operating in FATA.

In a 2006 ICG report on FATA, for example, the organization recommends that the government

of Pakistan mainstream the tribal areas and repeal all laws in FATA that are inconsistent with

with the fundamental rights guaranteed in Article 8 of the Constitution of Pakistan.20 Prior to

the extension of the Political Parties Order to FATA, the 2008 EU Pakistan election observation

mission reported that, “[e]lections in FATA are held on a non-party basis, with the law

preventing party candidates from running, campaigning or operating an office, in breach of the

right to freedom of association (Universal Declaration of Human Rights, Article 20)”. The

2013 EU mission went further, stating that, “[f]urther 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 [should] be able

to legislate for FATA”.21

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 11

Political Leaders for FATA Reform

Political parties and the people of FATA are divided regarding the ideal future status of FATA.

While some argue for a separate status, others advocate a merger with Khyber Pakhtunkhwa

Province. The Pashtoonkhwa Milli Awami Party (PMAP), in particular, has been vocal in

calling for a new separate province for tribal people22. Despite these differences, however, most

agree that equal rights and political mainstreaming for tribal citizens of Pakistan must be

guaranteed regardless of any eventual decision regarding provincial status.

The first serious attempt to reform the Frontier Crimes Regulation (FCR) was taken up in 2005

when government constituted the FCR Reform Committee, headed by Justice Mian Ajmal, a

retired judge of the Supreme Court of Pakistan.23 The twelve members of the committee

included retired senior civil servants, a senior journalist, lawyers and tribal citizens. Following

the completion of its report and recommendations for amendments to the FCR, the committee

held a series of consultations with important stakeholders. Despite these efforts, however,

government did not approve any amendments to the regulation.24 Their recommendations,

however, formed the basis of deliberations initiated by future governments and were partially

incorporated in the reforms package enacted by the government led by Pakistan People’s Party

(PPP) in 2011.

In preparation for the 2008 general elections in Pakistan, several political parties included

political, administrative, and legal reforms for FATA in their election manifestos. PPP, for

example, promised to reclaim FATA by introducing wide-ranging reforms including extension

of the Political Parties Order to the region to allow political parties to openly participate in

elections.25 After forming the government, Prime Minister Yousaf Raza Gillani followed-up

on this election promise by declaring in speech to parliament in March 2008 that the FCR

would be abolished. Although the statement elicited a mixed reaction from FATA

parliamentarians, 26 the new government moved forward and established a cabinet-level

committee the following month led by Law Minister Farooq Naek. The committee was asked

to examine the FCR in consultation with relevant stakeholders and recommend changes as

necessary.

Also in 2008, mainstream political parties in Pakistan joined hands to work for political and

legal reforms in FATA. At an initial encounter, political party leaders met with a delegation of

100 tribal leaders. Presided over by Anwar Kamal Marwat (Pakistan Muslim League-Nawaz)

and including former parliamentarians and vocal supporters of FATA reforms, the delegation

met with President Asif Ali Zardari in March and June of 2009, directly presenting to him their

recommendations for reform. These early meetings led to the president’s August 2009

announcement of a forthcoming reforms package for FATA.

Political Parties Joint Committee on FATA Reforms

Following multi-party efforts in 2008 and President Zardari’s announcement in 2009, political

party leaders held regular roundtable conferences throughout 2010 to further refine and

advocate for equal rights in the tribal areas. These meetings ultimately led to the creation of

the Political Parties Joint Committee on FATA Reforms, commonly referred to as the FATA

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 12

Committee, which now includes ten political parties as members: Awami National Party

(ANP), Jamat-e-Islami (JI), Jamiat-e-Ulama-e-Islam Fazl (JUI-F), Muttahida Quami

Movement (MQM), National Party (NP), Pakistan Muslim League (PML), Pakistan Muslim

League-Nawaz (PML-N), Pakistan People’s Party (PPP-P), Pakistan Tehreek-e-Insaf (PTI) and

Qaumi Watan Party (QWP).

The FATA Committee has worked to demonstrate the shared commitment of political parties

to promoting debate throughout Pakistan on the urgent reform issues facing tribal citizens. The

group has made repeated calls for the implementation of expansive reforms in the tribal areas

and continues to engage in discussions with stakeholders from FATA to build consensus,

increase awareness and promote dialogue on existing and future reforms.

In March 2010, the FATA Committee met with President Asif Ali Zardari to outline their initial

reform recommendations and encourage the president to follow through on the August 2009

promise of a reform package for FATA. The committee’s recommendations included: 1)

substantive amendments to the Frontier Crimes Regulation, 2) extension of the Political Parties

Order to FATA, and 3) a new development package for the tribal areas.

Following the meeting with the FATA Committee, President Zardari

signed two orders in August 2011 authorizing key political and

administrative reforms for the tribal areas.

As insisted by the political parties’ committee, the Political Parties Order was extended to

FATA and significant amendments to the FCR were introduced and enacted for the first time

in more than 100 years.

Amendments to the Frontier Crimes Regulation

The FCR amendments enacted in 2011 brought some improvements for FATA citizens.

Although the amendments did not go as far as either the FCR Reforms Committee (headed by

Justice Mian Ajmal) or the political parties’ FATA Committee would have liked, they did

include some substantive provisions. Among others, the amendments27 included:

Changes to the collective responsibility clause prohibiting the arrest of women, children

and the elderly;

Establishment of a strengthened FATA Tribunal with powers to review decisions made

by political agents;

Right of appeal;

Curtailing some of the arbitrary powers of political agents; and

Mandated audits of political agent funds.

Despite these amendments, political agents still exercise all three primary functions of police,

prosecutor and judge. In addition, the federal government—through its agents in the office of

the Khyber Pakhtunkhwa governor and political administration of the FATA Secretariat—

exercise executive, legislative, judicial, and election administration powers. The strengthened

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 13

FATA Tribunal, as stipulated in the amendments, is comprised of two retired senior civil

servants and one senior lawyer familiar with FATA. Citizens in FATA, however, still can not

avail the jurisdiction of the High Courts or the Supreme Court of Pakistan.

Following enactment of 2011 reforms, the FATA Committee and other

reform activists have continually expressed reservations regarding the slow

and at times complete failure to enact the FCR amendments.

Many have also argued that the changes made did not go far enough and that additional

amendments are needed.

Local Government for FATA

Vocal calls for a local government system in FATA are heard from numerous sectors and

stakeholders in Pakistan today, with political parties and civil society pointing to the

establishment of a local bodies system in the tribal areas as essential for filling the governance

vacuum and solving everyday problems of citizens living there. Following the publication of a

draft FATA Local Government Regulation in 2012, President Asif Ali Zardari announced in

August 2013 that a local bodies system in the tribal areas would be implemented.

In January 2013, the FATA Committee concluded a series of discussions on the draft regulation

and responded in a letter addressed to the FATA Secretariat Additional Chief Secretary with

comments and recommendations for local government institutions in the tribal areas. In

addition to concerns raised by individual political parties and civil society, the FATA

Committee expressed particular concern regarding the extensive powers of the governor and

the political administration in the new draft regulation.

Political parties encouraged government to carefully consider 19 detailed

recommendations for improving the regulation and to establish truly

accountable and transparent local bodies in FATA.

Their recommendations also included extension of the geographical reach of the regulation to

all of FATA instead of only municipal areas, administration of elections and delimitation of

constituencies by the Election Commission of Pakistan (ECP) as stipulated in the Constitution

of Pakistan, and delegation of control over local government funds to locally elected

representatives instead of the political administration.28

Despite these efforts, as of June 2014, the regulation had not been enacted. While a local

government system has not yet been established in FATA, many organizations continue to

make public calls29 for its implementation. In addition to a direct statement in favour of local

bodies elections in FATA by Khyber Pakhtunkhwa Governor Engineer Shaukatullah Khan,30

the following parties have also publicized their demands: Awami National Party (ANP),

Jamaat-e-Islami (JI), Muttahida Quami Movement (MQM), National Party (NP), Pakistan

Muslim League (PML), Pakistan Muslim League-Nawaz (PML-N), Pakistan People’s Party

(PPP), Pakistan Tehreek-e-Insaf (PTI), Qaumi Watan Party (QWP), All Bajaur Political Parties

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 14

Alliance, and the Political Parties Joint Committee on FATA Reforms (FATA Committee).

In addition to government and political forces struggling for local democratic structures in the

tribal areas, other organizations have also made their voices heard on the issue, including:

Centre for Governance and Public Accountability (CGPA), Coalition for FATA Rights (CFR),

FATA Democratic Movement, FATA Grand Assembly, FATA Lawyer's Forum (FLF), FATA

Local Council Association, FATA Research Centre (FRC), Tribal NGOs Consortium, and

many others.

During his tenure, General Pervez Musharraf also promised to devolve powers to the grassroots

level and in 1999 created the National Reconstruction Bureau to implement governance

reforms, including legal changes for FATA.31 In 2000, Musharraf established a FATA Reforms

Committee (not to be confused with the Political Parties Joint Committee on FATA Reforms,

or FATA Committee) which recommended the creation of a separate FATA province,

establishment of a FATA Council, representation in the NWFP Provincial Assembly, and

creation of a separate FATA Secretariat. 32 In 2002, in the immediate aftermath of these

recommendations, a new local government system was established in FATA along with all of

Pakistan. The local bodies system did not remain in effect for long, suffered from low voter

participation and new councils were widely criticized as selected rather than elected.

Election Reform for FATA

Even after introduction of full voting rights for all FATA citizens, elections in the tribal areas

have been flawed, due largely to the lack of development, poor infrastructure and weak

communication systems. Voter registration and issuance of National Identity Cards (NIC)

remains lower in FATA due to limited access and service delivery by the ECP and the National

Database and Registration Authority (NADRA). As a result of these shortcomings, in addition

to the high number of internally displaced persons (IDPs) from FATA living elsewhere in

Pakistan, voter participation numbers have been much lower in FATA than in the rest of the

country.

In terms of direct elections administration, political agents, instead of independent election

officials or judicial officers, have performed the vital function of district returning officer (local

election administrator).

In the absence of media groups and independent election observers,

powerful candidates, political agents, military and militants have all been

accused of utilizing their power to influence election results.

To address these and other concerns, the political parties’ FATA Committee came together on

numerous occasions in 2012 to discuss potential solutions. The group ultimately arrived at five

consensus recommendations to ensure free and fair elections in FATA. In January 2013, the

recommendations33 were presented directly to the ECP as well as the President of Pakistan and

the Khyber Pakhtunkhwa governor for consideration:

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 15

1. National Database and Registration Authority (NADRA) and Election Commission of

Pakistan (ECP) should increase efforts to register FATA voters;

2. ECP should allow absentee voting for FATA’s internally displaced persons (IDPs);

3. Judicial officers should serve as election officials in FATA;

4. ECP should provide polling stations at a distance of not more than two kilometres from

voters’ residences; and

5. ECP should engage directly with political parties in FATA.

Responding to FATA Committee efforts, the ECP did provide additional polling stations in

some areas outside FATA where IDPs were living at the time of the May 2013 general

elections. The other four recommendations, however, were not addressed and remain as

outstanding items on the political parties’ reform agenda for future electoral processes in the

tribal areas.

Historic Elections in FATA

For the first time in history, political parties were allowed to openly field

candidates in FATA in the 2013 general elections.

Despite security and other challenges throughout the election period, the participation of

political parties in the 2013 election proved successful. Voter participation was also higher than

that seen in 2008 general elections, up from 31 to 36 percent.34

Before the extension of the Political Parties Order, many Pakistani political parties already had

unofficial party structures in place in FATA. Elections, however, could not be contested on

political party tickets and party activists were not permitted to openly organize. Both before

and after the ban on political parties was lifted, parties played a significant role in raising the

political consciousness of FATA citizens, even as the rise of militancy in the region narrowed

the space available to democratic forces. Throughout recent years, hundreds of tribal and

political leaders have been attacked and killed by militants in FATA. 35 Extension of the

political parties law provided some additional space to political actors as was demonstrated by

active political party participation in many FATA agencies and frontier regions during May

2013 elections for the National Assembly of Pakistan.

In the months prior to elections, many major political parties in Pakistan included FATA reform

in their election manifestos. 36 The ANP, PML-N, PPP, PTI and QWP included detailed

programs for the democratization and development of FATA, including abolition of Frontier

Crimes Regulation.37

In March 2013, the FATA Committee made an effort to reach out to grassroots political leaders

and candidates in the tribal areas by holding a joint meeting of office-bearers of political parties

from across FATA. The FATA Committee presented their five election reform

recommendations and also heard the concerns and recommendations of their counterparts in

the agencies and frontier regions.

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 16

Local office-bearers outlined challenges to launching political campaigns

in FATA, security concerns, and political administration reluctance to

implement the already announced reforms.

Local leaders agreed with the recommendations of the FATA Committee and made additional

recommendations for the President of Pakistan, SAFRON Ministry, FATA Secretariat and the

ECP. The 40 reform demands 38 of local political activists from FATA were expansive,

including but not limited to the following:

Political parties must not “sell” tickets for MNA seats; ECP should implement and

enforce a ban on this anti-democratic activity.

Many maliks continue to sell the votes of their people for money. This practice should

be prohibited by the ECP and any “vote buying” activities should be punishable by law,

including the disqualification of candidates violating the regulation.

Frontier regions constituency (NA-47) is too large and too spread out for effective

representation. The constituency should be divided on the basis of population.

Journalists are intimidated and pressured by the State and security establishment in

FATA. To decrease this corruption and biased reporting, more private media should be

given access and security in FATA.

ECP must monitor free and fair administration of elections in FATA.

Political agent must not show favouritism toward any political party candidate or any

independent candidate.

Corruption by political agents must be investigated and stopped. Political agent

appointments are “for sale” in FATA and this practice must be stopped.

United Nations and other international organizations should make public statements

about the lack of human and political rights in FATA.

In addition to FATA Committee work with local leaders in FATA,

grassroots political party members in FATA have initiated their own

initiatives for reform.

In 2013 and 2014, activists were particularly active in Bajaur, Mohmand, Khyber and Kurram

agencies as well as in several frontier regions, holding rallies and press conference to raise

awareness among the people in their areas and pressure government for reform.

Particularly noteworthy has been the efforts of the All Bajaur Political Parties Alliance, made

up of the leadership of political parties in Bajaur Agency. Members of the alliance worked

together at the agency level for further reforms and the implementation of those already

enacted. The alliance also reached out to party members in other agencies in an effort to

broaden the alliance and work for implementation of reforms throughout FATA.

In addition to enforcing the implementation of 2011 amendments to the Frontier Crimes

Regulation, the Bajaur alliance agenda39 includes: local government for FATA, real legislative

rights for FATA elected representatives, eliminating corruption in the use of development

funds, ending the use of drones, inclusion of FATA voices in future government reform

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 17

initiatives, and improving the economic situation in the tribal areas.

New Consensus FATA Reform Agenda

After 2013 elections, the political parties’ FATA Committee held further meetings and

roundtable conferences to discuss the current status of the reform process for the tribal areas.

Consulting the efforts of citizens groups also working for reform, the FATA Committee

ultimately decided on a new and more extensive list of consensus reform recommendations for

government. In October 2013, the ten political parties represented on the FATA Committee

unanimously agreed on 11 recommendations:

1. Peace in FATA should be guaranteed.

2. Article 247 of the constitution should be amended to guarantee fundamental rights for

all tribal citizens and shift legislative power from the President of Pakistan to the

parliament.

3. Local bodies elections should be held in FATA.

4. A comprehensive package should be developed for FATA and infrastructure

development initiated, with special focus on health, education and employment.

5. The future status of FATA should be decided by its people.

6. Pakistan Electronic Media Regulatory Authority (PEMRA) jurisdiction should be

extended and media should be provided greater access to FATA to provide tribal

citizens with opportunities for media interaction and participation.

7. The Jirga system should be made more democratic and independent.

8. Actions in Aid of Civil Power Regulation should be abolished.

9. Executive and judicial powers should be separated in FATA.

10. Citizens should not be deprived of property; inheritance law should be extended.

11. Civil armed forces (khasadar and levies) should be strengthened and professionalized.

In November 2013, the FATA Committee met with Federal Minister for States and Frontier

Regions (SAFRON) Lt. General (Retd.) Abdul Qadir Baloch to present their 11 consensus

reform demands and also emphasize the importance of guaranteeing peace in FATA. Lt.

General Baloch expressed appreciation for the efforts of the political parties and indicated he

would share his views and meet with the Prime Minister and FATA parliamentarians regarding

the reform agenda.

The FATA Committee also launched an advocacy campaign to increase support for the 11

reforms recommendations. As part of this new outreach strategy, the FATA Committee visited

the leadership of member political parties in provincial capital cities across Pakistan to hold

joint press conferences and ask for more vocal support of reform for FATA. Party leaders

expressed that they would raise the issue on every platform and continue to gain support for

the FATA reform cause. Many of them also reinforced the position of the FATA Committee

asserting that tribal citizens have the same rights as the rest of Pakistan.

According to press statements, the FATA Committee intends to continue

its efforts for FATA reform and plans to ask the President and Prime

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 18

Minister of Pakistan for meetings to present their reform demands.

The PML-N promised40 the “integration of the Federally and Provincially Administered Tribal

Areas into the country’s political mainstream” and “extending to its people the political rights

enjoyed by the citizens of Pakistan” in their 2013 election manifesto.41 Statements by SAFRON

Minister Lt. General Baloch in November 2013 indicated he would look into the matter.42

In March 2014, the federal minister publically stated that laws need to be reformed, that local

government should be implemented appropriate to local customs, and that he was optimistic

that reforms would yield positive results.43 Baloch also said that FATA would be brought under

relevant laws, that reforms are inevitable for peace, and that the “need of the hour” is to evolve

the system to fill the vacuum that has been taken advantage of by militants.44

Perhaps most significantly, in February 2014, Minister Baloch hinted at future government

action on FATA reform, stating that, “we are thinking of designating legislative and

administrative powers to the tribal parliamentarians to enable them to govern FATA according

to the wishes of local people. […] We want the elected representatives of FATA to exercise

the same powers as enjoyed by their fellow parliamentarians from across the country and a

proposal for their empowerment would be sent to the Prime Minister Nawaz Sharif very

soon.”45

Recently appointed by the new PML-N government, Khyber Pakhtunkhwa Governor Sardar

Mehtab Ahmed Khan has also indicated willingness to work for administrative and political

reform for FATA. To this end, the top FATA official met with the political parties’ FATA

Committee to discuss their 11-point reform recommendations and established a new FATA

Reforms Commission to look into the matter.

Established in May 2014, the commission mandate includes: establish short and long-term

reform initiatives and objectives for institutional strengthening and good governance, re-

examine existing legal systems in FATA and propose amendments in existing laws. The new

government body has also been asked to review the structure of the FATA Secretariat and

develop a new legal regime to permit implementation of approved FATA reforms, including

monitoring and proposing “mid-course corrections” of reforms implementation on the ground

in the tribal areas.

“The commission will also review effectiveness of the Colonial-era Frontier Crimes Regulation

in changing governance paradigm and will prepare integrated development and economic

development strategies for the region.” The FATA Reforms Commission has been asked to

complete its work and make initial recommendations to the governor by March 2015. 46

As government considers taking action to announce and enact additional

reform for FATA, it is faced with increasing pressure from political parties,

citizen groups, and other individuals from the tribal areas.

Just as they have for years now, these groups and other FATA stakeholders continue to

express their desire for change, progress and prosperity in FATA. As their voices increase in

volume, FATA people increase the chances that their reform demands will be heard and

implemented. ■

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 19

Endnotes

1 “Peace in FATA to be restored utilizing all means: President,” Associated Press of Pakistan, 24 March 2014,

http://www.app.com.pk/en_/index.php?option=com_content&task=view&id=273259

2 “FATA’s development a top priority: President,” Associated Press of Pakistan, 4 November 2013,

http://www.app.com.pk/en_/index.php?option=com_content&task=view&id=247420&Itemid=1

3 Ikram Sehgal, “21st century Great Game,” The News, 25 November 2010, http://www.thenews.com.pk/Todays-News-9-

17049-21st-century-Great-Game

4 Durand Line Agreement, 12 November 1893,

http://www.satp.org/satporgtp/countries/pakistan/document/papers/durandlineagrrement.htm

5 Syed Wawar Ali Shah, “Abdul Ghaffar Khan, the Khudai Khidmatgars, Congress and the Partition of India,” Pakistan

Vision, Volume 8, Number 2: 89-90, http://pu.edu.pk/images/journal/studies/PDF-FILES/Shah-4%20new.pdf

6 Noor ul Haq, et al, “Federally Administered Tribal Areas of Pakistan,” Asia Printers Islamabad, March 2005, Paper 10,

http://ipripak.org/papers/federally.shtml

7 Haq.

8 “Federally Administered Tribal Areas, Administration System,” FATA Secretariat,

http://fata.gov.pk/index.php?option=com_content&view=article&id=50&Itemid=84

9 “Mainstreaming FATA”, Shaheed Bhutto Foundation, Benazir Democracy Institute, 2009: 55,

http://www.slideshare.net/fatanews/mainstreaming-fata-defining-democratizing-and-developing-2009-shaheed-bhutto-

foundation

10 Syed Wawar Ali Shah, “Political Reforms in the Federally Administered Tribal Areas of Pakistan (FATA): Will it End

the Current Militancy?” South Asia Institute, Department of Political Science, Heidelberg University, January 2012,

Working Paper Number 64: 8, http://archiv.ub.uni-

heidelberg.de/volltextserver/13063/1/Heidelberg_Papers_64_Ali_Shah.pdf

11 “Who are we?” FATA Lawyer’s Forum, http://fatalawyersforum.com/about.php

12 Shaheed Bhutto Foundation, 13.

13 “FATA Grand Citizens Assembly presents 19 recommendations for reforms,” Pakistan Observer, July 2013,

http://pakobserver.net/detailnews.asp?id=211703

14 Faqir Hussain, “Testing FCR on the touchstone of the constitution,” Frontier Crimes Regulation: A Bad Law Nobody

Can Defend, Human Rights Commission of Pakistan, July 2005: 57, http://fatareforms.org/frontier-crimes-regulation-

bad-law-nobody-can-defend/

15 The FCR also came under critical judicial review in the following cases: Dosso v. State (PLD 1957 Quetta 9), Toti Khan

v, DM, Sibi, Abdul Akbar Khan v. DM, Peshawar, Abdul Baqi v. Superintendent, Central Prisons, Maclh, Khair

Muhammad Khan v. Government of WP (PLD 1956 Lahore 668) and Malik Muhammad Usman v. State (PLD 1965

Lahore 229).

16 Hussain: 59.

17 “Fundamental Rights and Principles of Policy,” Constitution of the Islamic Republic of Pakistan, 1973, Part II, Chapter 1,

http://www.pakistani.org/pakistan/constitution/part2.ch1.html

18 Daniel S. Markey, “Securing Pakistan's Tribal Belt,” Council on Foreign Relations, Council Special Report Number 36,

July-August 2008, http://www.cfr.org/pakistan/securing-pakistans-tribal-belt/p16763

19 Zia Haider, “Mainstreaming Pakistan's Tribal Belt: A Human Rights and Security Imperative,” Harvard University, John

F. Kennedy School of Government, Belfer Center for Science and International Affairs, Discussion Paper 09-01,

January 2009, http://belfercenter.ksg.harvard.edu/publication/18790/mainstreaming_pakistans_tribal_belt.html

20 “Pakistan’s Tribal Areas: Appeasing the Militants,” International Crisis Group, Asia Report Number 25, 11 December

2006, http://www.crisisgroup.org/en/regions/asia/south-asia/pakistan/125-pakistans-tribal-areas-appeasing-the-

militants.aspx

21 2013 Final Report of the European Union Election Observation Mission in Pakistan, European Union,

http://eeas.europa.eu/eueom/missions/2013/pakistan/reports_en.htm

22 Zahid Gishkori, “Ending militancy: Achakzai proposes roadmap for peace,” Express Tribune, 17 November 2013,

http://tribune.com.pk/story/628358/ending-militancy-achakzai-proposes-roadmap-for-peace/

23 “Changes to FCR being considered,” Dawn, 22 September 2005, http://www.dawn.com/news/157877/changes-to-fcr-

being-considered

24 Rahimullah Yusufzai, “Deserving ones like Justice (R) Mian Ajmal ignored,” The News, 29 August 2011,

http://thenews.com.pk/Todays-News-7-65226-deserving-ones-like-Justice-(R)-Mian-Ajmal-ignored

25 “FATA Reforms,” Pakistan People’s Party, 2008 Election Manifesto: 19, http://ppp.org.pk/manifestos/2008.pdf

The Struggle for Rights and Reforms in Pakistan’s Tribal Areas 20

26 “Mixed Response by FATA members on FCR Repeal,” Daily Times, 30 March 2008,

http://archives.dailytimes.com.pk/national/30-Mar-2008/mixed-response-by-fata-members-on-fcr-repeal

27 G. M. Chaudhry, Summary of 2011 Amendments to the Frontier Crimes Regulation of 1901,

http://fatareforms.org/summary-of-2011-amendments-to-the-frontier-crimes-regulation/

28 Letter to FATA Secretariat regarding draft FATA local government regulation, Political Parties Joint Committee on

FATA Reforms, 24 January 2012, http://slideshare.net/FATAparties/letter-lg-recs-fata-secretariat-2013-january-final-

english

29 Stakeholders call for FATA local government, http://fatareforms.org/tag/local-government/

30 “Governor promises meaningful reforms in tribal system,” Dawn, 22 March 2014,

http://dawn.com/news/1094748/governor-promises-meaningful-reforms-in-tribal-system

31 Ali Cheema, et al, “Local Government Reforms in Pakistan: Context, Content and Causes,” Massachusetts Institute of

Technology, Decentralization and Local Governance in Developing Countries (2006),

http://slideshare.net/fatanews/local-government-reforms-in-pakistan-context-content-and-causes

32 Sarfraz Khan, “The Frontier Crimes Regulation (FCR): A Socio-political Assessment,” Central Asia Journal, Number 70,

Summer 2012: 4.

33 Abdur Rauf, “2013 elections: FATA committee set to reach consensus on demands,” The Express Tribune, 9 January

2013, http://tribune.com.pk/story/491291/2013-elections-fata-committee-set-to-reach-consensus-on-demands/

34 Zia ur Rehman, “Pakistani political parties aim to bring FATA into mainstream,” Asia Online,14 January 2014,

http://centralasiaonline.com/en_GB/articles/caii/features/pakistan/main/2014/01/14/feature-01

35 “Attack on Tribal Elders in Pakistan,” South Asian Terrorism Portal, 16 February 2014,

http://satp.org/satporgtp/countries/pakistan/database/Tribalelders.htm

36 FATA in Political Parties’ Manifestoes 2013 available at http://www.slideshare.net/fatanews/fata-in-political-party-

election-manifestos-2013

37 “Elections 2013: A Comparative Analysis of Election Manifestoes of Major Political Parties,” Pakistan Institute of

Legislative Development and Transparency (PILDAT), April 2013: 9,

http://pildat.org/publications/publication/elections/Election2013_ManifestoesComparison.pdf

38 “40 Recommendations for FATA Elections Reforms,” Political Parties Joint Committee for FATA Reforms, March

2013, http://slideshare.net/FATAparties/40-recommendations-from-fata-agency-party-leaders-14-march-2013doc

39 Agenda of the All Bajaur Political Parties Alliance, October 2013, http://slideshare.net/fatanews/agenda-bajaur-political-

parties-allaince-v4-2013-1007

40 “Nawaz announces PML-N manifesto,” The Nation, 7 March 2013, http://www.nation.com.pk/lahore/07-Mar-

2013/nawaz-announces-pml-n-manifesto

41 Manifesto 2013: Strong Economy, Strong Pakistan, Pakistan Muslim League (N), 7 March 2013: 86,

http://www.pmln.org/manifesto/

42 “Parties Present Recommendations for Reforms in FATA,” The Nation, 20 December 2013,

http://nation.com.pk/islamabad/20-Dec-2013/parties-present-recommendations-for-reforms-in-fata

43 “Conference told fabric of FATA eroding,” Daily Times, 26 March 2014, http://dailytimes.com.pk/national/26-Mar-

2014/conference-told-fabric-of-fata-eroding

44 Imaduddin, “Govt keen to solve FATA people’s problems: Baloch,” Business Recorder, 25 March 2014,

http://brecorder.com/top-news/108-pakistan-top-news/164350-govt-keen-to-solve-fata-peoples-problems-baloch.html

45 “Minister favours more say for Fata MPs in governance,” The News, 20 February 2014, http://thenews.com.pk/Todays-

News-7-233823-Minister-favours-more-say-for-Fata-MPs-in-governance

46 Zulfiqar Ali, “Another commission formed on Fata reforms,” Dawn, 20 May 2014,

http://dawn.com/news/1107498/another-commission-formed-on-fata-reforms