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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Shackled for more than one hundred years under an outdated British law, the Federally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The FCR was originally enacted by British authorities in an attempt to control Pashtun tribes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

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Struggle for Rights and Reforms in Pakistan Tribal Areas (Nov 2014 Report)

  • 1. 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
  • 2. 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
  • 3. 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
  • 4. 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
  • 5. 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
  • 6. 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.
  • 7. 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
  • 8. 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;
  • 9. 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
  • 10. 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
  • 11. 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
  • 12. 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
  • 13. 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
  • 14. 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:
  • 15. 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.
  • 16. 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
  • 17. 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
  • 18. 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. ■
  • 19. 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
  • 20. 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