The Agencies were set up by the British in 18th and 19th centuries, when the closed-door and Forward Policy did not achieve the desired objectives.
Article 246. Tribal Areas:(c) Federally Administered Tribal Areas includes (i) Tribal Areas adjoining Peshawar district;(ii) Tribal Areas adjoining Kohat district;(iii) Tribal Areas adjoining Bannu district;(iiia) Tribal Areas adjoining Lakki Marwat distt:(iv) Tribal Areas adjoining Dera Ismail Khan(iva) Tribal Areas adjoining Tank District;
Article 247: President has the power to make regulations for good governance in FATA Parliament cannot make a law unless the president so directs High court and supreme court have no jurisdiction over FATA unless parliament by law so provides
Article 51: National Assembly…..12 SeatsArticle 59: Senate………………. 8 Seats
The administration is run through PA, APAs, Tehsildars, Khassadars, security forces (Levies or Scouts) and Maliks. The tribal administration and system of justice is based on the concept of territorial, tribal (collective) and protective responsibility.
Adjudication is through the Jirga system, which is something the tribesmen comprehend and accept. The substantive law is the Pakistan Panel Code, 1860, whereas, the Frontiers Crimes Regulation, 1901 is the procedural law.
Administration takes cognizance of only those offenses, which are committed in protected areas Does not generally interfere in the offenses occurring between the tribes in the tribal territory of which no cognizance is taken The Maliks used to work as medium between the administration and “Qaum”.
Head of the Agency Administration Accountable to Provincial Governor Coordinates nation building departments Controls tribesmen through a system of territorial responsibility Does not interfere in the affairs of tribesmen
Interferes only in grave situation Functions as a District Magistrate and Session Judge Has executive, judicial and revenue powers and has the responsibility of maintaining law and order and suppressing crimes in the tribal areas
Political Agent while administering affairs of an agency, is assisted by a number of Assistant Political Agents, Tehsildars (administrative head of a Tehsil) and Naib Tehsildars (Deputy Tehsildars), as well as members from various local police (Khassadars) and security forces (levies, scouts).
Political Tehsildars and Political Naib- Tehsildars are in charge of Tehsils and their main duty is to control the tribes and to maintain law and order. They deal with all cases occurring in the protected area of their respective Tehsils.
Land revenue administration in some parts of the Agency is carried on exactly on the same lines as in the settled districts of Pakistan. The political agent plays a supervisory role for development projects and chairs an agency development sub- committee, comprising various government officials, to recommend proposals and approve development projects.
He is responsible for handling inter-tribal disputes over boundaries or the use of natural resources, for regulating the trade in natural resources with other agencies/the settled areas. He also serves as project coordinator for rural development schemes. The PA also acts as each agency’s development administrator.
• The Frontier Crimes Regulations 1901, popularly known as FCR is one of the major components of the administrative system of justice in Tribal Areas.• It is the supreme law in FATA and other civil and criminal laws are not extended. It serves all purposes both of procedural as well as substantive law.
• No right of appeal to the High Court or Supreme Court exist. Until 1997, the Commissioner acted as a revisional court but in 1997 it was amended and turned into appellate forum and the powers of revision of the Commissioner’s verdict were given to the tribunal consisting of secretaries of Home and Law Department.
• The FCR is a subject of frequent criticism as being a draconian law which is oppressive and subject to misuse. It is one of the most highly controversial parts of the tribal system of administration.• Section 40, Collective Responsibility Clause
It is basically a procedural law and not a substantive law, nor can it be considered comprehensive in its coverage of all the parameters of the modern laws.
The FCR is a direct contravention of the Constitution of Pakistan, 1973, as well as the Juvenile Justice System Ordinance (JJSO), 2000, the Universal Declaration of Human Rights (UDHR), 1948, the Covenant on Civil and Political Rights, 1966, and the Convention on the Rights of the Child (CRC), 1989.
No right of engaging a counsel or defending one’s rights has been given
There is no audit of the funds received by Political Agent Theoretically, PA is responsible to Governor for his duties but the practice is different. Law and order situation in FATA Malik System Terrorism
FCR-The draconian law Discrimination on the part of Govt Poor or no education (22%) (Women 7.5%) Poor health facilities Power shortage
Poverty Poor infrastructure Absence of democratic institutions No economic activities No extension of jurisdiction of High Court and Supreme Court to FATA