FATA under FCR

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BBC Monitoring South Asia - Political
Supplied by BBC Worldwide Monitoring
November 2, 2011 Wednesday
Pakistan author calls for extending constitutional rights to tribal area people
LENGTH: 852 words
Text of article by Khan Zeb Burki headlined "FATA still longs for constitutional rights" published by Pakistani
newspaper The Frontier Post website on 2 November
The century old British imposed law for administration of justice and maintaining law and order in FATA, the Frontier
Crime Regulation (FCR) is also referred to as a Black Law or Draconian Law. John William Kay, who considered it a
good law, once said: "We cannot rein wild horses with silken braids". No government in Pakistan has tried to get rid of
this Un-Islamic and unnatural law. The present PPP government has brought few amendments which is not enough to
bring this law in conformity with the constitution of Pakistan. It makes constitution of Pakistan too powerless to help
the people of FATA in trouble.
The Prime Minister Syed Yousaf Raza Gilani in his inaugural speech of hundred days programme has also announced
the abolishing of the FCR. This positive signal made the people of FATA to hope relieving from the clinches of the
FCR and like the other citizens of Pakistan they would be governed by the constitution. Unexpectedly, the British law
was supported by the leader of one of the big Islamic parties, JUI (F) and termed it unwise to abolish this law. These
border regions have always been exploited by the religious parties and security agencies in their own favour, especially
during Afghan wars. Why this law is called black law, inhuman, unnatural and un-Islamic? Most of the provisions of
the FCR embodied are unnatural, contrary to international humanitarian law, Islamic law and constitution of Pakistan.
The FCR provisions include "confiscation of property and arrest and imprisonment of an individual without due process
of law, barring an individual in the tribal areas from entering the settled districts (Section 21); expelling a person from
his residence/locality (Section 36); imposition of fine on the entire community for crimes of an individual (sections 22,
23); prohibition on erecting Hujras, village, walled enclosures and their destruction (sections 31-33); demolition of a
house or building on suspicion of being used or populated by thieves or dacoits (Section 34); fines on relatives of a
criminal and realization of fines by selling his property (Section 56); and no right to go to courts against the Political
Agent's decision (Section 60)".Under the FCR, not government but individuals or tribes are responsible for maintaining
law and order. The law permits "no wakeel (lawyer), no daleel (argument), and no appeal". It has deprived the residents
of FATA of their constitutionally guaranteed rights.
Khassadars are sort of police at disposal of Political Agent, chosen from various tribes on quota basis responsible for
maintaining law and order in respective area. They are responsible for protection of government officials, roads,
government buildings and property. According to Mr. Bruce, Khassadars are not the servants of government though
paid by the government, but are servants of tribe. Even khassadar is not responsible for the security of the people. They
are not playing important role in maintaining law and order and are getting regular pay and allowances from the
government. Like Malik system it is hereditary. After 2002-03 when Pakistan army entered FATA to shoulder the law
and order responsibilities and dismantle Taliban network, the law and order situation has been worsened and the role of
khassadar has been almost totally abolished. President Asif Ali Zardari on August 12, 2011 in addition to extending the
Political Parties Act has approved various amendments in the FCR. The people now have been given right of bail and
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2. appeal, women, aged and children having exemption from arrest. The Pakistan People's Party government has described
this reform package as the first step towards mainstreaming FATA, and much remains to be done.
The amendments do not totally remove the clauses that violate human rights but it is the first step towards reforming the
FCR and considering the demands of the people. Under the tribal cultural norms, women and children have never been
arrested irrespective of the clauses of this law. No doubt it is the first bold step to unlock the door despite the hesitations
by every ruler. This law was being considered as a divine law in which a minor amendment was considered as a sin.
The amendments in the FCR by the present government are though a welcome step but still it has a long way to go to
bring it in conformity with the constitution of Pakistan. At present no appellant court has been established in FATA.
The proposed tribunal should have branches in each agency in order to facilitate the poor people of the region as they
cannot afford the expenses of going to other cities of settled areas for justice. The tribal people are not satisfied with the
present system of administration of justice and demanding total abolishment of the colonial law -- the FCR. Unless the
constitutional rights are not extended to the people of FATA, their demands and efforts will be continuing.
Source: The Frontier Post website, Peshawar, in English 02 Nov 11
LOAD-DATE: November 2, 2011
LANGUAGE: ENGLISH
PUBLICATION-TYPE: Transcript
Copyright 2011 British Broadcasting Corporation
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Pakistan author calls for extending constitutional rights to tribal area people BBC Monitoring South Asia -
PoliticalSupplied by BBC Worldwide Monitoring November 2, 2011 Wednesday