27. FATA Reforms: history, committees, solution
Introduction
The Federally Administrated Tribal Area is a tribal region in Northwest of Pakistan. The territory is inhabited by various Pashtun tribes. It comprises 7 Tribal Agencies and 6 Frontier Regions. It was historically called “buffer against foreign aggression.”
The agencies are: Bajaur, Mohmand, Orakzai, Khyber, Kurram, North Waziristan and South Waziristan.
And the six FR are: Frontier Region Peshawar, Frontier Region Kohat, FR Bannu, FR Lakki Marwat, FR Tank and FR Dera Ismail Khan.
FATA is integral part of federation under Article 1(c) of the constitution of Pakistan.
Some Fast Facts:
⦁Total area 27,220 km2
⦁Administrative centre Peshawar
⦁Biggest city Parachinar
⦁Six agencies share border with Afghanistan.
⦁Total population 5.1 million (2017)
⦁70% people below poverty line
⦁Literacy rate is 33% (male 45%, female 7%)
⦁Unemployment rate stood at 8%
Why mainstreaming is important?
⦁FATA has become a breeding ground for terrorists due to lack of the state writ. Terrorist infiltration from Afghanistan has become the order of the day owing to the porous border.
⦁As point 12 of NAP and point 8 of Charter of democracy also gave verdict in favor of merger, it is imperative that the state press ahead with the merger.
⦁FATA is lagging behind the rest of Pakistan as far development is concerned, which causes feeling of resentment among the people of the region and they fall prey to conspiracies of foreign actors striving hard to destabilize Pakistan.
⦁Law like Frontiers Crime Regions and the monopoly of the political agents have made the lives of people unbearable.
⦁The continuous pressure from the US and allegations that Pakistan is terror sponsor state have compelled Pakistan to take this step.
⦁The increasing presence of India in Afghanistan does not bode well for the security of Pakistan. Therefore, writ of the state has to be established to minimize subversive activities of external actors.
⦁Chaos in FATA caused immense losses to the economy. Out of 12 operations, 7 were conducted in FATA. Additionally, operation causes exodus of people, which sometimes may pose threat to national security.
In the light of aforementioned reasons, it can be established that merger of FATA is the need of the hour for Pakistan.
Reforms committee 2015
In November 2015, the PM set up a six-member Fata reforms Committee “to propose a concrete way forward for the political mainstreaming of Fata areas.” Under Article 247 (4) of the constitution, the president has the authority to order the merger of FATA with Pakistan. Before doing, that he must ascertain the views of the people of FATA. Reforming FATA is a Task requiring constitutional, legal, administrative, procedural and capacity building of the area.
History of committees pertaining to FATA reforms
⦁A committee headed by Justice Gen Naseerullah Babar also recommended the merger of FATA with KP in 1976. Since 1976, 15 committees had been formed but their recommendations have been shelved.
⦁In 2002, the Government extended the Local Government Regulation to Fata and in 2004 some Agency Councillors were nominated by the Political Agents.
⦁In 2012, the Fata Local Government Regulation 2012 was prepared to establish local bodies in Fata. However, the Regulation was never promulgated.
⦁Another serious attempt at Fata reforms was made in 2006, through a special committee, chaired by Imtiaz Ahmad Sahibzada. But in the absence of major legal reforms and concentration of all powers in the hands of political agents, there was no visible improvement in governance or development indicators.
⦁A Committee on legal reforms, chaired by Justice (Retd) Mian Mohammad Ajmal, was constituted in 2005 “to recommend modifications in FCR after public consultation across Fata.” The Committee recommended many important amendments to the FCR. Many of these were accepted and implemented in 2011
⦁Following the introduction of the Adult Franchise Act of 1996, the Political Parties Order 2002 was also extended to Fata in 2011, to allow political parties to campaign freely in Fata. But in the absence of provincial elections, its impact was limited.
Recommendation by the committee
⦁FATA must be integrated with Pakistan
⦁And basic legal reforms must be enacted to provide fundamental rights to people
⦁Development on fast track basis to bring FATA on a par with the rest of Pakistan. For this purpose, that 3% of gross divisible pool i.e., Rs90-100 billion should be allocated every year for the next 10 years, to finance a comprehensive socio-economic development plan for Fata.
⦁It also mulled making FATA a new province, but due lack of administrative and financial capabilities, the merger with KP was recommended.
⦁Time-frame for merger was another issue, the reconstruction and rehabilitation of North Wazirstan and South Wazirstan must be completed to prepare it for merger.
⦁Moreover the task of extending the international border of the province to the border with Afghanistan would be strategic decision that needs personnel training etc.
⦁Considering this, the committee recommended five years period for merger.
⦁Abolition of FCR (promulgated in 1901) was also recommended as desired by the people of FATA
⦁But the traditional Rewaj system through Jirgas would continue to exist as people were spurned the slow justice system of Pakistan. So now a blended judicial system would be established as the committee recommended the extension of Supreme Court and Peshawar high court’s jurisdiction. Within this system, the Rewaj Act will allow parties, if they so wish, to ask the Agency Judge (not the political agent) to appoint a jirga, whose decision will be appeal-able.
Has FATA been merged?
As of now, FATA has been merged with KP through 25th constitutional amendment to the constitution, which is indeed a step in the right direction. The new bill has following features:
The Federally Administrated Tribal Area is a tribal region in Northwest of Pakistan. The territory is inhabited by various Pashtun tribes. It comprises 7 Tribal Agencies and 6 Frontier Regions. It was historically called “buffer against foreign aggression.”
The agencies are: Bajaur, Mohmand, Orakzai, Khyber, Kurram, North Waziristan and South Waziristan.
And the six FR are: Frontier Region Peshawar, Frontier Region Kohat, FR Bannu, FR Lakki Marwat, FR Tank and FR Dera Ismail Khan.
FATA is integral part of federation under Article 1(c) of the constitution of Pakistan.
Some Fast Facts:
⦁Total area 27,220 km2
⦁Administrative centre Peshawar
⦁Biggest city Parachinar
⦁Six agencies share border with Afghanistan.
⦁Total population 5.1 million (2017)
⦁70% people below poverty line
⦁Literacy rate is 33% (male 45%, female 7%)
⦁Unemployment rate stood at 8%
⦁FATA has become a breeding ground for terrorists due to lack of the state writ. Terrorist infiltration from Afghanistan has become the order of the day owing to the porous border.
⦁As point 12 of NAP and point 8 of Charter of democracy also gave verdict in favor of merger, it is imperative that the state press ahead with the merger.
⦁FATA is lagging behind the rest of Pakistan as far development is concerned, which causes feeling of resentment among the people of the region and they fall prey to conspiracies of foreign actors striving hard to destabilize Pakistan.
⦁Law like Frontiers Crime Regions and the monopoly of the political agents have made the lives of people unbearable.
⦁The continuous pressure from the US and allegations that Pakistan is terror sponsor state have compelled Pakistan to take this step.
⦁The increasing presence of India in Afghanistan does not bode well for the security of Pakistan. Therefore, writ of the state has to be established to minimize subversive activities of external actors.
⦁Chaos in FATA caused immense losses to the economy. Out of 12 operations, 7 were conducted in FATA. Additionally, operation causes exodus of people, which sometimes may pose threat to national security.
In the light of aforementioned reasons, it can be established that merger of FATA is the need of the hour for Pakistan.
Reforms committee 2015
In November 2015, the PM set up a six-member Fata reforms Committee “to propose a concrete way forward for the political mainstreaming of Fata areas.” Under Article 247 (4) of the constitution, the president has the authority to order the merger of FATA with Pakistan. Before doing, that he must ascertain the views of the people of FATA. Reforming FATA is a Task requiring constitutional, legal, administrative, procedural and capacity building of the area.
History of committees pertaining to FATA reforms
⦁A committee headed by Justice Gen Naseerullah Babar also recommended the merger of FATA with KP in 1976. Since 1976, 15 committees had been formed but their recommendations have been shelved.
⦁In 2002, the Government extended the Local Government Regulation to Fata and in 2004 some Agency Councillors were nominated by the Political Agents.
⦁In 2012, the Fata Local Government Regulation 2012 was prepared to establish local bodies in Fata. However, the Regulation was never promulgated.
⦁Another serious attempt at Fata reforms was made in 2006, through a special committee, chaired by Imtiaz Ahmad Sahibzada. But in the absence of major legal reforms and concentration of all powers in the hands of political agents, there was no visible improvement in governance or development indicators.
⦁A Committee on legal reforms, chaired by Justice (Retd) Mian Mohammad Ajmal, was constituted in 2005 “to recommend modifications in FCR after public consultation across Fata.” The Committee recommended many important amendments to the FCR. Many of these were accepted and implemented in 2011
⦁Following the introduction of the Adult Franchise Act of 1996, the Political Parties Order 2002 was also extended to Fata in 2011, to allow political parties to campaign freely in Fata. But in the absence of provincial elections, its impact was limited.
Recommendation by the committee
⦁FATA must be integrated with Pakistan
⦁And basic legal reforms must be enacted to provide fundamental rights to people
⦁Development on fast track basis to bring FATA on a par with the rest of Pakistan. For this purpose, that 3% of gross divisible pool i.e., Rs90-100 billion should be allocated every year for the next 10 years, to finance a comprehensive socio-economic development plan for Fata.
⦁It also mulled making FATA a new province, but due lack of administrative and financial capabilities, the merger with KP was recommended.
⦁Time-frame for merger was another issue, the reconstruction and rehabilitation of North Wazirstan and South Wazirstan must be completed to prepare it for merger.
⦁Moreover the task of extending the international border of the province to the border with Afghanistan would be strategic decision that needs personnel training etc.
⦁Considering this, the committee recommended five years period for merger.
⦁Abolition of FCR (promulgated in 1901) was also recommended as desired by the people of FATA
⦁But the traditional Rewaj system through Jirgas would continue to exist as people were spurned the slow justice system of Pakistan. So now a blended judicial system would be established as the committee recommended the extension of Supreme Court and Peshawar high court’s jurisdiction. Within this system, the Rewaj Act will allow parties, if they so wish, to ask the Agency Judge (not the political agent) to appoint a jirga, whose decision will be appeal-able.
Has FATA been merged?
As of now, FATA has been merged with KP through 25th constitutional amendment to the constitution, which is indeed a step in the right direction. The new bill has following features:
The infamous Frontier Crimes Regulation has been abolished. FATA is officially part of KPK. Policy makers have to ensure that socio-economic condition of the people living in the area must be improved to bring them on a par with the other citizens of the country. Their sufferings must be put to an end through speedy measures.
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