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FATA Faces FATA Voices

The document discusses the historical and ongoing struggles of the Federally Administered Tribal Areas (FATA) in Pakistan, governed by the Frontier Crimes Regulation (FCR) imposed in 1901, which restricts fundamental rights and representation for tribal citizens. Despite reforms initiated in 2011 to integrate FATA into Pakistan's constitutional framework, challenges remain for achieving democratic representation and rule of law. Grassroots movements and political parties have been advocating for further reforms to enhance governance, democratic participation, and equal rights for FATA residents.

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DEDICATED TO THE PEOPLE OF FATA
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 The FCR was originally enacted by British authorities in an attempt to control Pashtun tribes on the northwest frontier of British India.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 (the 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. 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. THE STRUGGLE FOR RIGHTS AND REFORMS IN PAKISTAN’S TRIBAL AREAS
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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 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. 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 Peshawar, FR Kohat, FR Bannu, FR Lakki Marwat, FR Tank and FR Dera Ismail Khan.
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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 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. Pashtun reformers opposed the FCR and other British policies restricting their political rights.⁵ 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. 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
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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 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 terrorist attacks of September 11, 2001 and the subsequent American-led intervention to topple the Taliban in Afghanistan further aggravated the situation and transformed FATA into an international flashpoint. The 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. Prior to the 2011 amendments a political agent could imprison tribesmen for as long as he wished, even if only on suspicion of non-conformist behavior. In addition, political agents have the power to imprison most members of a 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 clear opposition to the international governance standard 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 administration all in one office.
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General Pervez Musharraf creates National Reconstruction Bureau, including an agenda for FATA reform 1999 General Musharraf enacts local government system in FATA (later repealed) 2002 2000 General Musharraf establishes FATA Reforms Committee recommending FATA province, FATA council, and representation in NWFP Provincial Assembly FATA REFORM HISTORY TIMELINE OF POLITICAL AND LEGAL REFORM FOR PAKISTAN’S TRIBAL AREAS Annexation of FATA with British India Khudai Khidmatgar Movement (Servants of God Movement) began First Constitution of the Islamic Republic of Pakistan New Constitution of the Islamic Republic of Pakistan New Constitution of the Islamic Republic of Pakistan FCR abolished in Northwest Frontier Province (NWFP, remained in force in FATA) Frontier Crimes Regulation (FCR) enacted Tribes on Pakistan-Afghanistan border attack British forces Tehrik-e-Dar-ul-Uloom-e-Islami (Islamia College Movement) began Durand Line Agreement signed 1848 1897 1975 FCR abolished in Malakand Agency and Balochistan (remained in force in FATA) 19621913 Islamic Republic of Pakistan established 1947 1893 1956 1973 Adult franchise granted to FATA 19961901 1916
Benazir Bhutto petitions Supreme Court for extension of Political Parties Order to FATA 2007 Shaheed Bhutto Foundation (SBF) conferences with leaders throughout FATA on mainstreaming President Asif Ali Zardari announces future FATA reforms 2009 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 2010 Political Parties Joint Committee on FATA Reforms (FATA Committee) established with mainstream political parties 2012 FATA Secretariat announces draft FATA Local Government Regulation 2008 Prime Minister Yousaf Raza Gillani promises to abolish FCR Cabinet committee established to recommend FCR reforms, Chairman Farooq Naek 2013 First-ever political party-based elections held in FATA FATA Lawyer’s Forum calls for extension of High Court and Supreme Court jurisdiction to FATA FATA Grand Assembly approves 19-point Citizens’ Declaration for FATA Reforms (FATA Declaration) Mian Nawaz Sharif promises during election campaign to bring FATA into political mainstream President Zardari receives FATA Declaration, announces future enactment of FATA Local Government Regulation and calls on new government to enact new reforms for FATA 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 2011 President Zardari enacts FCR amendments and Political Parties Order extension to FATA 2014 Minister for States and Frontier Regions Lt. General (Retd.) Abdul Qadir Baloch announces support for FATA mainstreaming and future reforms Peshawar High Court refers Article 247 of Constitution to Government for amendment Khyber Pakhtunkwa Governor Sardar Mehtab Ahmed Kahn establishes FATA Reforms Commission, Chairman Ejaz Qureshi Former Khyber Pakhtunkhwa Governor Engineer Shaukatullah Khan calls for new local government system and FATA political mainstreaming
FATA ADMINISTRATIVE REFORM 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 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.
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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 In an effort to amplify the voices of FATA citizens, the Shaheed Bhutto Foundation (SBF) held 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. 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. 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: 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. 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 Members of the FATA Tribunal should be from the judiciary and not retired bureaucrats.
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“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. 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; The status of FATA should be decided by its people; 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; 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; The Political Administration should be accountable to elected representatives of Local Governments; There should be reserved seats for tribal women in the National Assembly and Senate, like in the rest of Pakistan; The Frontier Crimes Regulation (FCR) should either be substantially amended or annulled to recognize the fundamental rights of the people of FATA; There should be separation of judiciary and executive as in the whole of the country; The jurisdiction of the High Court and Supreme Court of Pakistan should be extended to FATA; The civil armed forces, such as Khasadar and levies, should be strengthened and reinforced and adequately armed; 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; No person, male or female, should be deprived of property without due compensation, and the law of inheritance should be extended to FATA; 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; The full text of the declaration is as follows: 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:
In 2012, tribal citizens formed FATA reforms councils in all agencies and frontier regions to debate reform priorities. In July 2013, 300 reform council members came together as the FATA Grand Assembly, approved the Citizens’ Declaration for FATA Reforms and presented 19 reforms demands to outgoing President of Pakistan Asif Ali Zardari and the newly elected PML-N government. 21
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 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. 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 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. Due attention should be accorded to a planned and phased program for infrastructure development in FATA; 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; Press and Publication ordinance and PEMRA ordinance should be extended to FATA; Actions in Aid of Civil Power Regulation 2011 should be abolished immediately; Reserved seats for FATA and FANA should be separated; and 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.
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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. 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 even 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). 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 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, “elections 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, “further 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 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.
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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, a lack of a political will prevented government from approving 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 a 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 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.
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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 of some of the arbitrary powers of political agents; and Mandated audits of political agent funds. 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. 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. 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. 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. The amendments27 included: 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 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 cannot avail the jurisdiction of the High Courts or the Supreme Court of Pakistan. Many have also argued that the changes made did not go far enough and that additional amendments are needed.
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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. LOCAL GOVERNMENT FOR FATA 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. Their recommendations 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 July 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 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
31
National Database and Registration Authority (NADRA) and Election Commission of Pakistan (ECP) should increase efforts to register FATA voters; ECP should allow absentee voting for FATA’s internally displaced persons (IDPs); Judicial officers should serve as election officials in FATA; ECP should provide polling stations at a distance of not more than two kilometres from voters’ residences; and ECP should engage directly with political parties in FATA. 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. In 2002, following 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 low 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). 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 recommendations33 to ensure free and fair elections in FATA. In January 2013, the recommendations were presented directly to the ECP as well as the President of Pakistan and the Khyber Pakhtunkhwa governor for consideration: 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.
33
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. For the first time in history, political parties were allowed to openly field candidates in FATA in the 2013 general elections. Local office-bearers outlined challenges to launching political campaigns in FATA, security concerns, and political administration reluctance to implement the already announced reforms. HISTORIC ELECTIONS IN FATA 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. 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 demands38 of local political activists from FATA were expansive, including but not limited to the following:
35
Following 2011 reforms, political parties in FATA participated openly in Pakistan general elections for the first time in history. Just prior to elections in May 2013, candidates from all 12 FATA constituencies participated in candidate radio forums broadcast throughout the tribal areas on Mashaal Radio.
37
In addition to FATA Committee work with local leaders in FATA, grassroots political party members in FATA have initiated their own initiatives for reform. 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. Peace in FATA should be guaranteed. 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. In 2013 and 2014, political 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 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. Considering 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:
39
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 vowed to 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. 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 only indicated he would look into the matter.42 According to press statements, the FATA Committee intends to continue its efforts for FATA reform and plans to ask the President and Prime Minister of Pakistan for meetings to present their reform demands. Local bodies elections should be held in FATA. A comprehensive package should be developed for FATA and infrastructure development initiated, with special focus on health, education and employment. The future status of FATA should be decided by its people. 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. The Jirga system should be made more democratic and independent. Actions in Aid of Civil Power Regulation should be abolished. Executive and judicial powers should be separated in FATA. Citizens should not be deprived of property; inheritance law should be extended. Civil armed forces (khasadar and levies) should be strengthened and professionalized.
41
In March 2014, however, 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 governor met with the political parties’ FATA Committee to discuss their 11-point reform recommendations. Saying that he agreed, in principle, with the recommendations, the top FATA official indicated that he was ready to move forward on some of the reform proposals.46 Governor Sardar Mehtab also established in May 2014 a FATA Reforms Commission to look into the matter. The new 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 2015.47 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. 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.
43
NOTES 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 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 Ikram Sehgal, “21st century Great Game,” The News, 25 November 2010, http://www.thenews.com.pk/Todays-News-9-17049-21st-century-Great-Game Durand Line Agreement, 12 November 1893, http://www.satp.org/satporgtp/ countries/pakistan/document/papers/durandlineagrrement.htm 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 Noor ul Haq, et al, “Federally Administered Tribal Areas of Pakistan,” Asia Printers Islamabad, March 2005, Paper 10, http://ipripak.org/papers/federally.shtml Haq. Federally Administered Tribal Areas, Administration System,” FATA Secretariat, http://fata.gov.pk/index.php?option=com_content&view=article&id=50&Itemid=84 “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 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 “Who are we?” FATA Lawyer’s Forum, http://fatalawyersforum.com/about.php Shaheed Bhutto Foundation, 13. FATA Grand Citizens Assembly presents 19 recommendations for reforms,” Pakistan Observer, July 2013, http://pakobserver.net/detailnews.asp?id=211703 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/ 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). Hussain, 59. “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 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 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 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 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 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/ “Changes to FCR being considered,” Dawn, 22 September 2005, http://www.dawn.com/news/157877/changes-to-fcr-being-considered 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 “FATA Reforms,” Pakistan People’s Party, 2008 Election Manifesto: 19, http://ppp.org.pk/manifestos/2008.pdf 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-me mbers-on-fcr-repeal 1 15 16 17 18 19 20 21 22 23 24 25 26 2 3 4 5 6 7 8 9 10 11 12 13 14
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/ 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 Stakeholders call for FATA local government, http://fatareforms.org/tag/local-government/ “Governor promises meaningful reforms in tribal system,” Dawn, 22 March 2014, http://dawn.com/news/1094748/governor-promises-meaningful-reforms-in-tribal-sys tem 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 Sarfraz Khan, “The Frontier Crimes Regulation (FCR): A Socio-political Assessment,” Central Asia Journal, Number 70, Summer 2012: 4. 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/ 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 “Attack on Tribal Elders in Pakistan,” South Asian Terrorism Portal, 16 February 2014, http://satp.org/satporgtp/countries/pakistan/database/Tribalelders.htm FATA in Political Parties’ Manifestoes 2013 available at http://www.slideshare.net/ fatanews/fata-in-political-party-election-manifestos-2013 “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 “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 Agenda of the All Bajaur Political Parties Alliance, October 2013, http://slideshare.net/fatanews/agenda-bajaur-political-parties-allaince-v4-2013-1007 “Nawaz announces PML-N manifesto,” The Nation, 7 March 2013, http://www.nation.com.pk/lahore/07-Mar-2013/nawaz-announces-pml-n-manifesto Manifesto 2013: Strong Economy, Strong Pakistan, Pakistan Muslim League (N), 7 March 2013: 86, http://www.pmln.org/manifesto/ “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 “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 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 “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 Commission to look into Fata people’s problems,” Dawn, 31 May 2014, http://www.dawn.com/news/1109719 Zulfiqar Ali, “Another commission formed on Fata reforms,” Dawn, 20 May 2014, http://dawn.com/news/1107498/another-commission-formed-on-fata-reforms 27 39 40 41 42 43 44 45 46 47 28 29 30 31 32 33 34 35 36 37 38
The people of FATA have long been demanding the right to make laws for themselves. The absence of a popular, democratic and just order in FATA lies at the root of one of the most serious challenges to peace and security in the country. This can hardly be disputed. If the problem had been addressed over the wasted decades, it might have been easier to deal with the militancy that is now posing a grave threat to Pakistan’s democratic premise and integrity. I.A. REHMAN, HUMAN RIGHTS COMMISSION OF PAKISTAN JULY 2013, DAWN
The voice, role and participation of tribal women is still absent in FATA. Much work is needed to guarantee their participation. The vast majority of tribal people are not aware of the reforms implemented to date in FATA. Civil society, media and international donors must work to increase political and democracy awareness and education. IFTIKHAR AHMAD, TRIBAL RIGHTS WATCH MARCH 2014
It is essential for every government to ensure and guarantee basic fundamental rights to every citizen across the country uniformly. Unfortunately, however, the presence of the Frontier Crimes Regulation (FCR) and the absence of higher judiciary in the FATA region of Pakistan makes it very difficult for tribal people to seek justice and rights. To provide access to these rights, the FCR should be drastically amended or abolished completely. MASOOD JAN, PROGRAM COORDINATOR CENTER FOR RESEARCH & SECURITY STUDIES (CRSS), MARCH 2014 49
A question for legal experts: Can parliament restrict the jurisdiction of the superior judiciary? Can parliament say that tomorrow onwards the Supreme Court is barred from Balochistan? If not, then why is the Supreme Court quiet about FATA’s legal deficiency? Tribesmen have suffered enough; they have been discriminated against for a very long time and they won’t wait another sixty years for reforms leading to equal rights. We have to mainstream FATA with equal rights and opportunities. GHULAM QADIR KHAN DAUR SEPTEMBER 2013, THE TRIBAL TIMES
The Frontier Crimes Regulation (FCR) is evil as it denies citizens of Pakistan their fundamental rights. FATA needs a change and whoever helps the tribesmen in achieving that change will become a good part of an otherwise turbulent history of these times. NIZAMUDDIN KHAN, SEPTEMBER 2013, EXPRESS TRIBUNE 51
Change is impossible without extension of jurisdiction of superior courts to FATA. If the Pakistan federal government wants to bring any change to FATA, it should extend the Supreme Court and the Peshawar High Court to the tribal areas. IJAZ MOHMAND, FATA LAWYER’S FORUM AUGUST 2013, DAWN
A local government system should be extended to FATA so that problems can be solved at the grassroots level. There is a dire need for the formation of FATA councils to solve longstanding problems and other issues being faced by tribal people. MALIK GHULAM RASOOL AFRIDI PAKISTAN TEHREEK-E-INSAF, DARRA ADAM KHEL, DECEMBER 2013, THE NEWS
55 We want Article 247 of the Constitution of Pakistan to be amended in such a way that obliges the President of Pakistan to seek consent of an elected FATA council for any laws or changes for the region. KUKIKHEL TRIBAL ELDERS AND KHYBER UNION, KHYBER AGENCY DECEMBER 2013, DAWN
Societies cannot remain stagnant forever and it is time tribesmen move forward towards peace, progress and development. The Frontier Crimes Regulation (FCR) lacks the fundamental principles of justice and equality and has failed to dispense justice to residents of FATA. This draconian law remains an obstacle in bringing peace and prosperity to the region. A superior judiciary bench also needs to be established so tribesmen can have access to justice. It is imperative to adopt an inclusive system in FATA to address the core issues that tribesmen face. IMTIAZ GUL, EXECUTIVE DIRECTOR CENTER FOR RESEARCH & SECURITY STUDIES (CRSS) EXPRESS TRIBUNE, DECEMBER 2013
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Local bodies elections are vital for the people of FATA and will ensure the transfer of power and real representation of people at the grassroots level. Keeping this in mind, we should remind the political leadership of promises they have made during election campaigns to mainstream FATA with the rest of Pakistan. HIDAYAT WAZIR, CHIEF EXECUTIVE OFFICER FRONTIER ORGANIZATION FOR REFORMS AND TRANSFORMATION (FORT) MARCH 2014
Article 247 of the Constitution of Pakistan–covering FATA–contradicts Article 19-A which provides all Pakistani citizens the ‘right to have access to information in all matters of public importance’. Without changing governance paradigms in the tribal areas to ensure basic human rights, peace and stability in the region cannot be guaranteed. MUHAMMAD ZAHOOR, FORMER EXECUTIVE DIRECTOR CENTRE FOR GOVERNANCE AND PUBLIC ACCOUNTABILITY (CGPA) COORDINATOR, COALITION ON THE RIGHT TO INFORMATION DECEMBER 2013, EXPRESS TRIBUNE 61
I demand local body elections in FATA and a development package for the areas to ensure their uplift. TARIQULLAH, JAMAAT-E-ISLAMI, MEMBER OF THE NATIONAL ASSEMBLY MARCH 2014, PAKISTAN TODAY Government should introduce a 21st amendment to the constitution to bring FATA within the jurisdiction of the Peshawar High Court. SENATOR BABAR AWAN, PAKISTAN PEOPLE’S PARTY OCTOBER 2013, EXPRESS TRIBUNE Tribal people cannot get easy justice and basic rights in the presence of the Frontier Crimes Regulation (FCR). This system needs urgent reforms. I also urge the government to hold local bodies elections in FATA. AFTAB AHMED KHAN SHERPAO, CHAIRMAN, QAUMI WATAN PARTY DECEMBER 2013, DAWN
FATA tribesmen are citizens of Pakistan but the government is keeping them deprived of their fundamental rights. The Frontier Crimes Regulation (FCR) and the absence of fundamental rights and a proper social justice system in FATA have been the main hurdles for sustainable development and progress in the region. ALL BAJAUR PARTIES POLITICAL ALLIANCE DECEMBER 2013, DAWN
Local government elections should be held in Khyber Pakhtunkhwa and the tribal areas simultaneously so that tribal people could get rid of the Frontier Crimes Regulation (FCR). FATA LOCAL COUNCIL ASSOCIATION JULY 2013, THE NATION 65
Tribesmen elect their representatives during elections, but when they face a problem they consult the court. They need to persuade their representatives to make changes in the Frontier Crimes Regulation (FCR) and provide justice to these people in need. JUSTICE QAISER RASHID KHAN, PESHAWAR HIGH COURT SEPTEMBER 2013, EXPRESS TRIBUNE
Along with the other parts of the country, the PML-N government should conduct local government elections in FATA as it would further strengthen the democratic culture in the tribal areas. Deprivation of the tribal people from their social, political and constitutional rights would lead to further conflict and backwardness in the region. KEMYA KHAN AFRIDI, GENERAL SECRETARY, FATA EX-SERVICEMAN SOCIETY AUGUST 2013, FRONTIER POST 67
We support the endeavours of the FATA Committee as FATA citizens deserve to enjoy the same constitutional rights as other Pakistanis. Reforms in the tribal belt will pave the way for durable peace. Peace in the world and especially the country, is linked with peace in FATA. DR. MALIK BALOCH, CHIEF MINISTER BALOCHISTAN, NATIONAL PARTY MEMBER OF THE POLITICAL PARTIES JOINT COMMITTEE ON FATA REFORMS JANUARY 2014, DAWN AND EXPRESS TRIBUNE
69
FATA is part of Pakistan, for all practical purposes. Therefore, not only the writ of the government should be fully exercised, but also the legal system of courts and the jurisdiction of the Khyber Pakhtunkhwa High Court and Supreme Court should be extended and implemented in letter and spirit. SUPREME COURT BAR ASSOCIATION OF PAKISTAN EXECUTIVE COMMITTEE, AUGUST 2013
71
Without peace, development is not possible. Peace in FATA can only be achieved through good governance and rule of law. RAZA SHAH, EXECUTIVE DIRECTOR SUSTAINABLE PEACE AND DEVELOPMENT ORGNAIZATION (SPADO) AUGUST 2013
73
The residents of FATA have been deprived of their basic rights for long enough. The people have been oppressed and state policy has created a vacuum which is now being filled by militants. If local government elections are to be held all over the country, why should they not be held in FATA as well? DR. ASHRAF ALI, PRESIDENT, FATA RESEARCH CENTRE FEBRUARY 2014, EXPRESS TRIBUNE
75
Democracy is the guarantee of equal rights to all humans and it is essential for the protection of the rights of the common man. ALL BAJAUR POLITICAL PARTIES ALLIANCE SEPTEMBER 2013, DAWN
FATA is a part of Pakistan and all parts of the country should enjoy the same laws, not different ones for each area. SAHIB ZADA, EXECUTIVE DIRECTOR SOCIAL AWARENESS & DEVELOPMENT ALLIANCE (SADA), MARCH 2014 77
79
81
It is imperative to bring FATA into the mainstream of the country and eliminate all remnants of colonial laws and regulations. Justice should prevail where everybody gets equal treatment and no one is subjected to arbitrary treatment. SALMAN AFRIDI CENTRAL SECRETARY LEGAL AFFAIRS, PAKISTAN TEHREEK-E-INSAF, MARCH 2014
I concemn the colonial policy of the state towards FATA. I demand legislature, judiciary and fundamental rights for the FATA people. SENATOR AFRASIAB KHATTAK, APRIL 2014, TWITTER 83
85
87
FATA has been facing many problems just as it has been the focus of the entire world. It has been the focus of wars and conspiracies and as a result, FATA people have seen extensive damage and destruction. More than 40,000 people have been killed and 50,000 injured and millions rendered homeless. All powers concerning FATA rest with the President of Pakistan, the Ministry of States and Frontier Regions (SAFRON), the Khyber Pakhtunkhwa governor and the political administration. As a result, FATA parliamentarians have no effective role. There is no local government and people’s participation in self governance is almost zero. There is no writ of the constitution or law and therefore zero accountability. Although corruption is a problem in all of Pakistan, the blatant lack of change after 65 years and billions of rupees in FATA development funds is noteworthy. Comprehensive constitutional and legal reforms are needed for the tribal areas so that these gaps can be filled. We hope that the new government will deliver a reforms package to change the system for FATA. SAHIBZADA HAROON RASHID, JAMAAT-E-ISLAMI, AMEER FATA NATIONAL ASSEMBLY CANDIDATE, NA-43, BAJAUR AGENCY MEMBER OF THE POLITICAL PARTIES JOINT COMMITTEE ON FATA REFORMS MAY 2013, MASHAAL RADIO
89
We only demand for the establishment of sustainable and durable peace by using any means in FATA and the rest of the country. We strongly support all efforts taken by government and other stakeholders for the restoration of peace and an end to the prolonged militancy. The government should prepare a draft regulation--with consultation of relevant stakeholders--to properly hold local bodies polls in FATA. MAULANA ABDUL RASHID, FORMER SENATOR, JAMIAT ULEMA-E-ISLAM (F) MEMBER OF THE POLITICAL PARTIES JOINT COMMITTEE ON FATA REFORMS MEMBER OF THE ALL BAJAUR POLITICAL PARTIES ALLIANCE BUSINESS RECORDER, OCTOBER 2013
FATA is an integral part of Pakistan and tribal people are equal citizens of Pakistan. However, there is a political and leadership vacuum in the tribal belt which is a bad omen for the future. The post United States withdrawal era will be more disastrous and dangerous if the FATA political and leadership vacuum is not filled by new leadership after holding free, fair and transparent elections for local bodies in the tribal region. ASAD AFRIDI, FATA CHAIRMAN, QAUMI WATAN PARTY MEMBER OF THE POLITICAL PARTIES JOINT COMMITTEE ON FATA REFORMS ALL VOICES, OCTOBER 2013 91
The Constitution of Pakistan provides that the judiciary should be separated from the executive, but that provision has not been implemented in FATA where executive officers have been performing as judicial officers. Unless the jurisdiction of superior courts--including the Supreme Court and Peshawar High Court--is extended to tribal areas, fundamental rights provided in the Constitution can not be enforced. NOOR ALAM KHAN, ADVOCATE, SUPREME COURT SEPTEMBER 2013, EXPRESS TRIBUNE
93
The aspirations of the people of FATA are far from being fulfilled. More than two years after the official enactment of 2011 reforms, political agents across FATA still wield unbridled powers and local residents are still deprived of their basic human rights. To guarantee fundamental constitutional rights for FATA citizens, urgent action must be taken to ensure true implementation of the 2011 FATA reforms package and the enactment of substantial additional reforms for the tribal areas. IBRAHIM SHINWARI, AUGUST 2013 FATA has brilliant customs and traditions. We were safe from many ills over the years due to our bright traditions. In 1901, when the Frontier Crimes Regulation (FCR) was introduced, things were not as they are today. The political agent used to sit in his office and Maliks used to act according to our traditions. But after 1947, successive governments began appointing political agents and Maliks according to their own wishes. As a result, now we have “official” Maliks and not traditional tribal elders. KHANZADA MOHMAND FEBRUARY 2014, CENTER FOR RESEARCH & SECURITY STUDIES
Our biggest problem is the Frontier Crimes Regulation (FCR). The President of Pakistan has made reforms to it and extended the Political Parties Order, but this has not ended our problems because the article about basic human rights violations has not been changed. Therefore, the FCR should be abolished completely. It is a big check on our freedom. We want FATA to be brought fully under the constitution. We should be given the rights enjoyed by other citizens of Pakistan so that we can also go to the courts to secure our rights. HAFIZULLAH, PAKISTAN TEHREEK-E-INSAF NATIONAL ASSEMBLY CANDIDATE, NA-37, KURRAM AGENCY MAY 2013, MASHAAL RADIO We do not have fundamental rights, including the right to go before the Supreme Court. We are between the devil and the deep sea, suffering under the FCR Under amendments, those arrested cannot be imprisoned for more than one year. Regardless, people are still being held for longer periods. Political agents act as prosecutors, judges, courts, and administrators. In FATA, all these powers are held by one person. ABDUL QUDOOS, INDEPENDENT NATIONAL ASSEMBLY CANDIDATE, NA-42, SOUTH WAZIRISTAN MAY 2013, MASHAAL RADIO
97
99
Reforms in FATA are indispensable to securing local, regional and global peace. We, the inhabitants of FATA, request the state of Pakistan to abolish colonial policies toward FATA and extend laws and the jurisdiction of higher courts. SAMINA AFRIDI, KHYBER AGENCY, LECTURER UNIVERSITY OF PESHAWAR, MARCH 2014 Basic poor social indicators regarding the situation of tribal women provides a strong basis for moving forward the agenda to improve FATA policies and create contextually sensitive opportunities for them to gradually play a more effective role in society. MARYAM BIBI, KHWENDO KOR, MARCH 2014
103
While stressing the importance of guaranteeing peace in FATA, we stand together to highlight the urgent importance of mainstreaming and legal reforms for tribal people while also emphasizing the right of FATA citizens to enjoy the same constitutional guarantees and rights as all Pakistanis. Local bodies elections must be held in FATA like in the rest of the country. A new amendment should be introduced to change Article 247 of the constitution to provide equal fundamental rights and also shift legislative powers for FATA from the President of Pakistan to the parliament. Leaders of our respective political parties are united regarding the extension of Pakistan Electronic Media Regulatory Authority (PEMRA) jurisdiction to allow media free access to FATA. They also recommend a strengthened and more independent Jirga system. The Actions in Aid of Civil Power Regulation should be abolished, and to eliminate conflict of interest, executive and judicial powers must be separated in FATA. These recommendations have been unanimously agreed upon following several all-parties conferences held in 2013, including the participation of Awami National Party (ANP), Jamaat-e-Islami (JI), Jamiat Ulema-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), Pakistan Tehreek-e-Insaf (PTI) and Qaumi Watan Party (QWP). We will continue working together to push for these necessary constitutional and legal amendments. With your support, we will continue outreach efforts and ensure that all stakeholders are brought on board to bring about swift enactment and effective implementation of these reforms for FATA. POLITICAL PARTIES JOINT COMMITTEE ON FATA REFORMS MARCH 2014
105
Political awareness of FATA people is increasing in many ways. Radio and newspapers are accessed by people there and organizations are working. Young people in FATA are ready to launch a movement for their rights. I call on all educated people to analyze the situation and devise a proper line of action to achieve the desirable results. ENGINEER TOR GUL CHAMKANI, FATA ACTIVIST AND WRITER JANUARY 2014, CENTER FOR RESEARCH & SECURITY STUDIES
107
Reforms are good because in the past there was a deadlock, but now we now have some political freedom and political groups are taking part in elections. Earlier, under the collective responsibility clause of the Frontier Crimes Regulation (FCR), our tribes were arrested, including elders. But now, those above 60 and youth below 18 may not be arrested. Still, permanent implementation of these laws is lacking. As the process has now started, we believe the current reforms are not enough. We should bring more reforms to the FCR to alleviate the problems caused by this regulation. We also ask that Pakistan’s laws be implemented in FATA, especially those guaranteeing human rights and basic rights as these are still lacking in FATA. NISAR MOHMAND, MOHMAND AGENCY MEMBER OF THE FATA GRAND ASSEMBLY, MAY 2013, MASHAAL RADIO
AJMAL KHAN WAZIR, PAKISTAN MUSLIM LEAGUE, CENTRAL SENIOR VICE PRESIDENT MEMBER OF THE POLITICAL PARTIES ON JOINT COMMITTEE ON FATA REFORMS JANURAY 2014, THE NEWS AND FEBRUARY 2014, CAPITAL TV
111
113
I would be in favor enabling parliamentarians from FATA to have a greater role. It would not be difficult to implement as there are twelve parliamentarians from FATA in the lower house and eight in the upper house. Under the Frontier Crimes Regulation (FCR), however, the Constitution of Pakistan does not extend fully to FATA and no act can be implemented in the region without the prior permission of the President of Pakistan. Until this hurdle is removed, the problems of FATA cannot be resolved. SENATOR SALEH SHAH, SOUTH WAZIRISTAN CHAIRMAN, STANDING COMMITTEE ON STATES AND FRONTIER REGIONS MARCH 2014, EXPRESS TRIBUNE We demand the right to legislate for FATA. We want a system just as is in vogue in the settled areas. We also want local bodies based on merit and democracy. A law for local government elections in FATA is an indispensable necessity in the present circumstances and should be implemented to help resolve our current problems. HAJI NASIR KHAN AFRIDI MEMBER OF THE NATIONAL ASSEMBLY OF PAKISTAN, KHYBER AGENCY JANUARY 2014, CENTER FOR RESEARCH & SECURITY STUDIES
115
117
ENGINEER SHAUKATULLAH KHAN FORMER KHYBER PAKHTUNKHWA GOVERNOR JUNE 2013, FATA GRAND ASSEMBLY, PESHAWAR
119
121
The Frontier Crimes Regulation (FCR) has left us in darkness. Lawlessness and war in FATA is due to the FCR and the FATA restrictions in the Constitution of Pakistan. FATA people have no way to raise their voices against the political administration and FATA lawyers are now fighting against this. We demand that the FCR be abolished and that the High Court and Supreme Court hear our appeals against the regulation. TAJ MAHAL AFRIDI, FATA LAWYER’S FORUM NATIONAL ASSEMBLY CANDIDATE, NA-45, KHYBER AGENCY MAY 2013, MASHAAL RADIO
We need to have equal rights just as all other people who live in the settled areas of Pakistan, like in Islamabad, Karachi, and Peshawar. TARIQ KHAN DAWAR, PAKISTAN TEHREEK-E-INSAF NATIONAL ASSEMBLY CANDIDATE, NA-40, NORTH WAZIRISTAN MAY 2013, MASHAAL RADIO
We should hold council elections in FATA and representatives should be elected on party basis. Councils should then be authorized to legislate for FATA people and the region. Reforms will provide for all these matters. SYED AKHUNZADA CHATTAN, PAKISTAN PEOPLE’S PARTY, BAJAUR AGENCY FORMER MEMBER OF THE NATIONAL ASSEMBLY OF PAKISTAN MEMBER OF THE POLITICAL PARTIES JOINT COMMITTEE ON FATA REFORMS MAY 2013, MASHAAL RADIO 125
PHOTOGRAPHERS Alimgir Khan Ammad Ahmed Khan Azmatullah Faryal Mohmmand Faisal Khan Huma Gul Irfan Ali Jebran Yousefzia Rizwan Bhittani Rohida Saba Rehman Sara Qayum Seema Gul Shah Jehan PUBLISHED BY THE NATIONAL DEMOCRATIC INSTITUTE WITH THE SUPPORT OF THE BRITISH HIGH COMMISSION IN ISLAMABAD ISLAMABAD, PAKISTAN NOVEMBER 2014
FATA Faces FATA Voices
FATA Faces FATA Voices

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FATA Faces FATA Voices

  • 3.
    DEDICATED TO THEPEOPLE OF FATA
  • 6.
    Excluded from essentialprovisions 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 (the 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. 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. THE STRUGGLE FOR RIGHTS AND REFORMS IN PAKISTAN’S TRIBAL AREAS
  • 7.
  • 8.
    In 2010, mainstreampolitical 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 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. 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 Peshawar, FR Kohat, FR Bannu, FR Lakki Marwat, FR Tank and FR Dera Ismail Khan.
  • 9.
  • 10.
    Despite Major GeneralSir 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 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. Pashtun reformers opposed the FCR and other British policies restricting their political rights.⁵ 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. 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
  • 11.
  • 12.
    Following the departureof 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 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 terrorist attacks of September 11, 2001 and the subsequent American-led intervention to topple the Taliban in Afghanistan further aggravated the situation and transformed FATA into an international flashpoint. The 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. Prior to the 2011 amendments a political agent could imprison tribesmen for as long as he wished, even if only on suspicion of non-conformist behavior. In addition, political agents have the power to imprison most members of a 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 clear opposition to the international governance standard 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 administration all in one office.
  • 13.
  • 14.
    General Pervez Musharrafcreates National Reconstruction Bureau, including an agenda for FATA reform 1999 General Musharraf enacts local government system in FATA (later repealed) 2002 2000 General Musharraf establishes FATA Reforms Committee recommending FATA province, FATA council, and representation in NWFP Provincial Assembly FATA REFORM HISTORY TIMELINE OF POLITICAL AND LEGAL REFORM FOR PAKISTAN’S TRIBAL AREAS Annexation of FATA with British India Khudai Khidmatgar Movement (Servants of God Movement) began First Constitution of the Islamic Republic of Pakistan New Constitution of the Islamic Republic of Pakistan New Constitution of the Islamic Republic of Pakistan FCR abolished in Northwest Frontier Province (NWFP, remained in force in FATA) Frontier Crimes Regulation (FCR) enacted Tribes on Pakistan-Afghanistan border attack British forces Tehrik-e-Dar-ul-Uloom-e-Islami (Islamia College Movement) began Durand Line Agreement signed 1848 1897 1975 FCR abolished in Malakand Agency and Balochistan (remained in force in FATA) 19621913 Islamic Republic of Pakistan established 1947 1893 1956 1973 Adult franchise granted to FATA 19961901 1916
  • 15.
    Benazir Bhutto petitions SupremeCourt for extension of Political Parties Order to FATA 2007 Shaheed Bhutto Foundation (SBF) conferences with leaders throughout FATA on mainstreaming President Asif Ali Zardari announces future FATA reforms 2009 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 2010 Political Parties Joint Committee on FATA Reforms (FATA Committee) established with mainstream political parties 2012 FATA Secretariat announces draft FATA Local Government Regulation 2008 Prime Minister Yousaf Raza Gillani promises to abolish FCR Cabinet committee established to recommend FCR reforms, Chairman Farooq Naek 2013 First-ever political party-based elections held in FATA FATA Lawyer’s Forum calls for extension of High Court and Supreme Court jurisdiction to FATA FATA Grand Assembly approves 19-point Citizens’ Declaration for FATA Reforms (FATA Declaration) Mian Nawaz Sharif promises during election campaign to bring FATA into political mainstream President Zardari receives FATA Declaration, announces future enactment of FATA Local Government Regulation and calls on new government to enact new reforms for FATA 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 2011 President Zardari enacts FCR amendments and Political Parties Order extension to FATA 2014 Minister for States and Frontier Regions Lt. General (Retd.) Abdul Qadir Baloch announces support for FATA mainstreaming and future reforms Peshawar High Court refers Article 247 of Constitution to Government for amendment Khyber Pakhtunkwa Governor Sardar Mehtab Ahmed Kahn establishes FATA Reforms Commission, Chairman Ejaz Qureshi Former Khyber Pakhtunkhwa Governor Engineer Shaukatullah Khan calls for new local government system and FATA political mainstreaming
  • 16.
    FATA ADMINISTRATIVE REFORM Aspecial 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 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.
  • 17.
  • 18.
    According to mediareports, 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 In an effort to amplify the voices of FATA citizens, the Shaheed Bhutto Foundation (SBF) held 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. 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. 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: 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. 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 Members of the FATA Tribunal should be from the judiciary and not retired bureaucrats.
  • 19.
  • 20.
    “It is ourconsensus, 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. 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; The status of FATA should be decided by its people; 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; 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; The Political Administration should be accountable to elected representatives of Local Governments; There should be reserved seats for tribal women in the National Assembly and Senate, like in the rest of Pakistan; The Frontier Crimes Regulation (FCR) should either be substantially amended or annulled to recognize the fundamental rights of the people of FATA; There should be separation of judiciary and executive as in the whole of the country; The jurisdiction of the High Court and Supreme Court of Pakistan should be extended to FATA; The civil armed forces, such as Khasadar and levies, should be strengthened and reinforced and adequately armed; 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; No person, male or female, should be deprived of property without due compensation, and the law of inheritance should be extended to FATA; 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; The full text of the declaration is as follows: 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:
  • 21.
    In 2012, tribalcitizens formed FATA reforms councils in all agencies and frontier regions to debate reform priorities. In July 2013, 300 reform council members came together as the FATA Grand Assembly, approved the Citizens’ Declaration for FATA Reforms and presented 19 reforms demands to outgoing President of Pakistan Asif Ali Zardari and the newly elected PML-N government. 21
  • 22.
    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 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. 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 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. Due attention should be accorded to a planned and phased program for infrastructure development in FATA; 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; Press and Publication ordinance and PEMRA ordinance should be extended to FATA; Actions in Aid of Civil Power Regulation 2011 should be abolished immediately; Reserved seats for FATA and FANA should be separated; and 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.
  • 23.
  • 24.
    In addition toconcerns raised by domestic courts and organizations in Pakistan, Pakistan has come under increasing pressure from international groups working on related issues globally. 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 even 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). 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 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, “elections 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, “further 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 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.
  • 25.
  • 26.
    The first seriousattempt 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, a lack of a political will prevented government from approving 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 a 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 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.
  • 27.
  • 28.
    Changes to thecollective 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 of some of the arbitrary powers of political agents; and Mandated audits of political agent funds. 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. 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. 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. 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. The amendments27 included: 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 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 cannot avail the jurisdiction of the High Courts or the Supreme Court of Pakistan. Many have also argued that the changes made did not go far enough and that additional amendments are needed.
  • 29.
  • 30.
    Political parties encouragedgovernment to carefully consider 19 detailed recommendations for improving the regulation and to establish truly accountable and transparent local bodies in FATA. LOCAL GOVERNMENT FOR FATA 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. Their recommendations 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 July 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 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
  • 31.
  • 32.
    National Database andRegistration Authority (NADRA) and Election Commission of Pakistan (ECP) should increase efforts to register FATA voters; ECP should allow absentee voting for FATA’s internally displaced persons (IDPs); Judicial officers should serve as election officials in FATA; ECP should provide polling stations at a distance of not more than two kilometres from voters’ residences; and ECP should engage directly with political parties in FATA. 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. In 2002, following 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 low 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). 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 recommendations33 to ensure free and fair elections in FATA. In January 2013, the recommendations were presented directly to the ECP as well as the President of Pakistan and the Khyber Pakhtunkhwa governor for consideration: 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.
  • 33.
  • 34.
    Many maliks continueto 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. For the first time in history, political parties were allowed to openly field candidates in FATA in the 2013 general elections. Local office-bearers outlined challenges to launching political campaigns in FATA, security concerns, and political administration reluctance to implement the already announced reforms. HISTORIC ELECTIONS IN FATA 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. 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 demands38 of local political activists from FATA were expansive, including but not limited to the following:
  • 35.
  • 36.
    Following 2011 reforms,political parties in FATA participated openly in Pakistan general elections for the first time in history. Just prior to elections in May 2013, candidates from all 12 FATA constituencies participated in candidate radio forums broadcast throughout the tribal areas on Mashaal Radio.
  • 37.
  • 38.
    In addition toFATA Committee work with local leaders in FATA, grassroots political party members in FATA have initiated their own initiatives for reform. 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. Peace in FATA should be guaranteed. 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. In 2013 and 2014, political 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 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. Considering 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:
  • 39.
  • 40.
    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 vowed to 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. 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 only indicated he would look into the matter.42 According to press statements, the FATA Committee intends to continue its efforts for FATA reform and plans to ask the President and Prime Minister of Pakistan for meetings to present their reform demands. Local bodies elections should be held in FATA. A comprehensive package should be developed for FATA and infrastructure development initiated, with special focus on health, education and employment. The future status of FATA should be decided by its people. 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. The Jirga system should be made more democratic and independent. Actions in Aid of Civil Power Regulation should be abolished. Executive and judicial powers should be separated in FATA. Citizens should not be deprived of property; inheritance law should be extended. Civil armed forces (khasadar and levies) should be strengthened and professionalized.
  • 41.
  • 42.
    In March 2014,however, 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 governor met with the political parties’ FATA Committee to discuss their 11-point reform recommendations. Saying that he agreed, in principle, with the recommendations, the top FATA official indicated that he was ready to move forward on some of the reform proposals.46 Governor Sardar Mehtab also established in May 2014 a FATA Reforms Commission to look into the matter. The new 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 2015.47 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. 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.
  • 43.
  • 44.
    NOTES Peace in FATAto 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 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 Ikram Sehgal, “21st century Great Game,” The News, 25 November 2010, http://www.thenews.com.pk/Todays-News-9-17049-21st-century-Great-Game Durand Line Agreement, 12 November 1893, http://www.satp.org/satporgtp/ countries/pakistan/document/papers/durandlineagrrement.htm 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 Noor ul Haq, et al, “Federally Administered Tribal Areas of Pakistan,” Asia Printers Islamabad, March 2005, Paper 10, http://ipripak.org/papers/federally.shtml Haq. Federally Administered Tribal Areas, Administration System,” FATA Secretariat, http://fata.gov.pk/index.php?option=com_content&view=article&id=50&Itemid=84 “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 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 “Who are we?” FATA Lawyer’s Forum, http://fatalawyersforum.com/about.php Shaheed Bhutto Foundation, 13. FATA Grand Citizens Assembly presents 19 recommendations for reforms,” Pakistan Observer, July 2013, http://pakobserver.net/detailnews.asp?id=211703 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/ 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). Hussain, 59. “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 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 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 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 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 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/ “Changes to FCR being considered,” Dawn, 22 September 2005, http://www.dawn.com/news/157877/changes-to-fcr-being-considered 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 “FATA Reforms,” Pakistan People’s Party, 2008 Election Manifesto: 19, http://ppp.org.pk/manifestos/2008.pdf 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-me mbers-on-fcr-repeal 1 15 16 17 18 19 20 21 22 23 24 25 26 2 3 4 5 6 7 8 9 10 11 12 13 14
  • 45.
    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/ 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 Stakeholders call for FATA local government, http://fatareforms.org/tag/local-government/ “Governor promises meaningful reforms in tribal system,” Dawn, 22 March 2014, http://dawn.com/news/1094748/governor-promises-meaningful-reforms-in-tribal-sys tem 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 Sarfraz Khan, “The Frontier Crimes Regulation (FCR): A Socio-political Assessment,” Central Asia Journal, Number 70, Summer 2012: 4. 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/ 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 “Attack on Tribal Elders in Pakistan,” South Asian Terrorism Portal, 16 February 2014, http://satp.org/satporgtp/countries/pakistan/database/Tribalelders.htm FATA in Political Parties’ Manifestoes 2013 available at http://www.slideshare.net/ fatanews/fata-in-political-party-election-manifestos-2013 “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 “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 Agenda of the All Bajaur Political Parties Alliance, October 2013, http://slideshare.net/fatanews/agenda-bajaur-political-parties-allaince-v4-2013-1007 “Nawaz announces PML-N manifesto,” The Nation, 7 March 2013, http://www.nation.com.pk/lahore/07-Mar-2013/nawaz-announces-pml-n-manifesto Manifesto 2013: Strong Economy, Strong Pakistan, Pakistan Muslim League (N), 7 March 2013: 86, http://www.pmln.org/manifesto/ “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 “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 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 “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 Commission to look into Fata people’s problems,” Dawn, 31 May 2014, http://www.dawn.com/news/1109719 Zulfiqar Ali, “Another commission formed on Fata reforms,” Dawn, 20 May 2014, http://dawn.com/news/1107498/another-commission-formed-on-fata-reforms 27 39 40 41 42 43 44 45 46 47 28 29 30 31 32 33 34 35 36 37 38
  • 46.
    The people ofFATA have long been demanding the right to make laws for themselves. The absence of a popular, democratic and just order in FATA lies at the root of one of the most serious challenges to peace and security in the country. This can hardly be disputed. If the problem had been addressed over the wasted decades, it might have been easier to deal with the militancy that is now posing a grave threat to Pakistan’s democratic premise and integrity. I.A. REHMAN, HUMAN RIGHTS COMMISSION OF PAKISTAN JULY 2013, DAWN
  • 48.
    The voice, roleand participation of tribal women is still absent in FATA. Much work is needed to guarantee their participation. The vast majority of tribal people are not aware of the reforms implemented to date in FATA. Civil society, media and international donors must work to increase political and democracy awareness and education. IFTIKHAR AHMAD, TRIBAL RIGHTS WATCH MARCH 2014
  • 49.
    It is essentialfor every government to ensure and guarantee basic fundamental rights to every citizen across the country uniformly. Unfortunately, however, the presence of the Frontier Crimes Regulation (FCR) and the absence of higher judiciary in the FATA region of Pakistan makes it very difficult for tribal people to seek justice and rights. To provide access to these rights, the FCR should be drastically amended or abolished completely. MASOOD JAN, PROGRAM COORDINATOR CENTER FOR RESEARCH & SECURITY STUDIES (CRSS), MARCH 2014 49
  • 50.
    A question forlegal experts: Can parliament restrict the jurisdiction of the superior judiciary? Can parliament say that tomorrow onwards the Supreme Court is barred from Balochistan? If not, then why is the Supreme Court quiet about FATA’s legal deficiency? Tribesmen have suffered enough; they have been discriminated against for a very long time and they won’t wait another sixty years for reforms leading to equal rights. We have to mainstream FATA with equal rights and opportunities. GHULAM QADIR KHAN DAUR SEPTEMBER 2013, THE TRIBAL TIMES
  • 51.
    The Frontier CrimesRegulation (FCR) is evil as it denies citizens of Pakistan their fundamental rights. FATA needs a change and whoever helps the tribesmen in achieving that change will become a good part of an otherwise turbulent history of these times. NIZAMUDDIN KHAN, SEPTEMBER 2013, EXPRESS TRIBUNE 51
  • 52.
    Change is impossiblewithout extension of jurisdiction of superior courts to FATA. If the Pakistan federal government wants to bring any change to FATA, it should extend the Supreme Court and the Peshawar High Court to the tribal areas. IJAZ MOHMAND, FATA LAWYER’S FORUM AUGUST 2013, DAWN
  • 54.
    A local governmentsystem should be extended to FATA so that problems can be solved at the grassroots level. There is a dire need for the formation of FATA councils to solve longstanding problems and other issues being faced by tribal people. MALIK GHULAM RASOOL AFRIDI PAKISTAN TEHREEK-E-INSAF, DARRA ADAM KHEL, DECEMBER 2013, THE NEWS
  • 55.
    55 We want Article247 of the Constitution of Pakistan to be amended in such a way that obliges the President of Pakistan to seek consent of an elected FATA council for any laws or changes for the region. KUKIKHEL TRIBAL ELDERS AND KHYBER UNION, KHYBER AGENCY DECEMBER 2013, DAWN
  • 56.
    Societies cannot remainstagnant forever and it is time tribesmen move forward towards peace, progress and development. The Frontier Crimes Regulation (FCR) lacks the fundamental principles of justice and equality and has failed to dispense justice to residents of FATA. This draconian law remains an obstacle in bringing peace and prosperity to the region. A superior judiciary bench also needs to be established so tribesmen can have access to justice. It is imperative to adopt an inclusive system in FATA to address the core issues that tribesmen face. IMTIAZ GUL, EXECUTIVE DIRECTOR CENTER FOR RESEARCH & SECURITY STUDIES (CRSS) EXPRESS TRIBUNE, DECEMBER 2013
  • 57.
  • 59.
  • 60.
    Local bodies electionsare vital for the people of FATA and will ensure the transfer of power and real representation of people at the grassroots level. Keeping this in mind, we should remind the political leadership of promises they have made during election campaigns to mainstream FATA with the rest of Pakistan. HIDAYAT WAZIR, CHIEF EXECUTIVE OFFICER FRONTIER ORGANIZATION FOR REFORMS AND TRANSFORMATION (FORT) MARCH 2014
  • 61.
    Article 247 ofthe Constitution of Pakistan–covering FATA–contradicts Article 19-A which provides all Pakistani citizens the ‘right to have access to information in all matters of public importance’. Without changing governance paradigms in the tribal areas to ensure basic human rights, peace and stability in the region cannot be guaranteed. MUHAMMAD ZAHOOR, FORMER EXECUTIVE DIRECTOR CENTRE FOR GOVERNANCE AND PUBLIC ACCOUNTABILITY (CGPA) COORDINATOR, COALITION ON THE RIGHT TO INFORMATION DECEMBER 2013, EXPRESS TRIBUNE 61
  • 62.
    I demand localbody elections in FATA and a development package for the areas to ensure their uplift. TARIQULLAH, JAMAAT-E-ISLAMI, MEMBER OF THE NATIONAL ASSEMBLY MARCH 2014, PAKISTAN TODAY Government should introduce a 21st amendment to the constitution to bring FATA within the jurisdiction of the Peshawar High Court. SENATOR BABAR AWAN, PAKISTAN PEOPLE’S PARTY OCTOBER 2013, EXPRESS TRIBUNE Tribal people cannot get easy justice and basic rights in the presence of the Frontier Crimes Regulation (FCR). This system needs urgent reforms. I also urge the government to hold local bodies elections in FATA. AFTAB AHMED KHAN SHERPAO, CHAIRMAN, QAUMI WATAN PARTY DECEMBER 2013, DAWN
  • 64.
    FATA tribesmen arecitizens of Pakistan but the government is keeping them deprived of their fundamental rights. The Frontier Crimes Regulation (FCR) and the absence of fundamental rights and a proper social justice system in FATA have been the main hurdles for sustainable development and progress in the region. ALL BAJAUR PARTIES POLITICAL ALLIANCE DECEMBER 2013, DAWN
  • 65.
    Local government electionsshould be held in Khyber Pakhtunkhwa and the tribal areas simultaneously so that tribal people could get rid of the Frontier Crimes Regulation (FCR). FATA LOCAL COUNCIL ASSOCIATION JULY 2013, THE NATION 65
  • 66.
    Tribesmen elect theirrepresentatives during elections, but when they face a problem they consult the court. They need to persuade their representatives to make changes in the Frontier Crimes Regulation (FCR) and provide justice to these people in need. JUSTICE QAISER RASHID KHAN, PESHAWAR HIGH COURT SEPTEMBER 2013, EXPRESS TRIBUNE
  • 67.
    Along with theother parts of the country, the PML-N government should conduct local government elections in FATA as it would further strengthen the democratic culture in the tribal areas. Deprivation of the tribal people from their social, political and constitutional rights would lead to further conflict and backwardness in the region. KEMYA KHAN AFRIDI, GENERAL SECRETARY, FATA EX-SERVICEMAN SOCIETY AUGUST 2013, FRONTIER POST 67
  • 68.
    We support theendeavours of the FATA Committee as FATA citizens deserve to enjoy the same constitutional rights as other Pakistanis. Reforms in the tribal belt will pave the way for durable peace. Peace in the world and especially the country, is linked with peace in FATA. DR. MALIK BALOCH, CHIEF MINISTER BALOCHISTAN, NATIONAL PARTY MEMBER OF THE POLITICAL PARTIES JOINT COMMITTEE ON FATA REFORMS JANUARY 2014, DAWN AND EXPRESS TRIBUNE
  • 69.
  • 70.
    FATA is partof Pakistan, for all practical purposes. Therefore, not only the writ of the government should be fully exercised, but also the legal system of courts and the jurisdiction of the Khyber Pakhtunkhwa High Court and Supreme Court should be extended and implemented in letter and spirit. SUPREME COURT BAR ASSOCIATION OF PAKISTAN EXECUTIVE COMMITTEE, AUGUST 2013
  • 71.
  • 72.
    Without peace, developmentis not possible. Peace in FATA can only be achieved through good governance and rule of law. RAZA SHAH, EXECUTIVE DIRECTOR SUSTAINABLE PEACE AND DEVELOPMENT ORGNAIZATION (SPADO) AUGUST 2013
  • 73.
  • 74.
    The residents ofFATA have been deprived of their basic rights for long enough. The people have been oppressed and state policy has created a vacuum which is now being filled by militants. If local government elections are to be held all over the country, why should they not be held in FATA as well? DR. ASHRAF ALI, PRESIDENT, FATA RESEARCH CENTRE FEBRUARY 2014, EXPRESS TRIBUNE
  • 75.
  • 76.
    Democracy is theguarantee of equal rights to all humans and it is essential for the protection of the rights of the common man. ALL BAJAUR POLITICAL PARTIES ALLIANCE SEPTEMBER 2013, DAWN
  • 77.
    FATA is apart of Pakistan and all parts of the country should enjoy the same laws, not different ones for each area. SAHIB ZADA, EXECUTIVE DIRECTOR SOCIAL AWARENESS & DEVELOPMENT ALLIANCE (SADA), MARCH 2014 77
  • 79.
  • 81.
  • 82.
    It is imperativeto bring FATA into the mainstream of the country and eliminate all remnants of colonial laws and regulations. Justice should prevail where everybody gets equal treatment and no one is subjected to arbitrary treatment. SALMAN AFRIDI CENTRAL SECRETARY LEGAL AFFAIRS, PAKISTAN TEHREEK-E-INSAF, MARCH 2014
  • 83.
    I concemn thecolonial policy of the state towards FATA. I demand legislature, judiciary and fundamental rights for the FATA people. SENATOR AFRASIAB KHATTAK, APRIL 2014, TWITTER 83
  • 85.
  • 87.
  • 88.
    FATA has beenfacing many problems just as it has been the focus of the entire world. It has been the focus of wars and conspiracies and as a result, FATA people have seen extensive damage and destruction. More than 40,000 people have been killed and 50,000 injured and millions rendered homeless. All powers concerning FATA rest with the President of Pakistan, the Ministry of States and Frontier Regions (SAFRON), the Khyber Pakhtunkhwa governor and the political administration. As a result, FATA parliamentarians have no effective role. There is no local government and people’s participation in self governance is almost zero. There is no writ of the constitution or law and therefore zero accountability. Although corruption is a problem in all of Pakistan, the blatant lack of change after 65 years and billions of rupees in FATA development funds is noteworthy. Comprehensive constitutional and legal reforms are needed for the tribal areas so that these gaps can be filled. We hope that the new government will deliver a reforms package to change the system for FATA. SAHIBZADA HAROON RASHID, JAMAAT-E-ISLAMI, AMEER FATA NATIONAL ASSEMBLY CANDIDATE, NA-43, BAJAUR AGENCY MEMBER OF THE POLITICAL PARTIES JOINT COMMITTEE ON FATA REFORMS MAY 2013, MASHAAL RADIO
  • 89.
  • 90.
    We only demandfor the establishment of sustainable and durable peace by using any means in FATA and the rest of the country. We strongly support all efforts taken by government and other stakeholders for the restoration of peace and an end to the prolonged militancy. The government should prepare a draft regulation--with consultation of relevant stakeholders--to properly hold local bodies polls in FATA. MAULANA ABDUL RASHID, FORMER SENATOR, JAMIAT ULEMA-E-ISLAM (F) MEMBER OF THE POLITICAL PARTIES JOINT COMMITTEE ON FATA REFORMS MEMBER OF THE ALL BAJAUR POLITICAL PARTIES ALLIANCE BUSINESS RECORDER, OCTOBER 2013
  • 91.
    FATA is anintegral part of Pakistan and tribal people are equal citizens of Pakistan. However, there is a political and leadership vacuum in the tribal belt which is a bad omen for the future. The post United States withdrawal era will be more disastrous and dangerous if the FATA political and leadership vacuum is not filled by new leadership after holding free, fair and transparent elections for local bodies in the tribal region. ASAD AFRIDI, FATA CHAIRMAN, QAUMI WATAN PARTY MEMBER OF THE POLITICAL PARTIES JOINT COMMITTEE ON FATA REFORMS ALL VOICES, OCTOBER 2013 91
  • 92.
    The Constitution ofPakistan provides that the judiciary should be separated from the executive, but that provision has not been implemented in FATA where executive officers have been performing as judicial officers. Unless the jurisdiction of superior courts--including the Supreme Court and Peshawar High Court--is extended to tribal areas, fundamental rights provided in the Constitution can not be enforced. NOOR ALAM KHAN, ADVOCATE, SUPREME COURT SEPTEMBER 2013, EXPRESS TRIBUNE
  • 93.
  • 94.
    The aspirations ofthe people of FATA are far from being fulfilled. More than two years after the official enactment of 2011 reforms, political agents across FATA still wield unbridled powers and local residents are still deprived of their basic human rights. To guarantee fundamental constitutional rights for FATA citizens, urgent action must be taken to ensure true implementation of the 2011 FATA reforms package and the enactment of substantial additional reforms for the tribal areas. IBRAHIM SHINWARI, AUGUST 2013 FATA has brilliant customs and traditions. We were safe from many ills over the years due to our bright traditions. In 1901, when the Frontier Crimes Regulation (FCR) was introduced, things were not as they are today. The political agent used to sit in his office and Maliks used to act according to our traditions. But after 1947, successive governments began appointing political agents and Maliks according to their own wishes. As a result, now we have “official” Maliks and not traditional tribal elders. KHANZADA MOHMAND FEBRUARY 2014, CENTER FOR RESEARCH & SECURITY STUDIES
  • 96.
    Our biggest problemis the Frontier Crimes Regulation (FCR). The President of Pakistan has made reforms to it and extended the Political Parties Order, but this has not ended our problems because the article about basic human rights violations has not been changed. Therefore, the FCR should be abolished completely. It is a big check on our freedom. We want FATA to be brought fully under the constitution. We should be given the rights enjoyed by other citizens of Pakistan so that we can also go to the courts to secure our rights. HAFIZULLAH, PAKISTAN TEHREEK-E-INSAF NATIONAL ASSEMBLY CANDIDATE, NA-37, KURRAM AGENCY MAY 2013, MASHAAL RADIO We do not have fundamental rights, including the right to go before the Supreme Court. We are between the devil and the deep sea, suffering under the FCR Under amendments, those arrested cannot be imprisoned for more than one year. Regardless, people are still being held for longer periods. Political agents act as prosecutors, judges, courts, and administrators. In FATA, all these powers are held by one person. ABDUL QUDOOS, INDEPENDENT NATIONAL ASSEMBLY CANDIDATE, NA-42, SOUTH WAZIRISTAN MAY 2013, MASHAAL RADIO
  • 97.
  • 99.
  • 100.
    Reforms in FATAare indispensable to securing local, regional and global peace. We, the inhabitants of FATA, request the state of Pakistan to abolish colonial policies toward FATA and extend laws and the jurisdiction of higher courts. SAMINA AFRIDI, KHYBER AGENCY, LECTURER UNIVERSITY OF PESHAWAR, MARCH 2014 Basic poor social indicators regarding the situation of tribal women provides a strong basis for moving forward the agenda to improve FATA policies and create contextually sensitive opportunities for them to gradually play a more effective role in society. MARYAM BIBI, KHWENDO KOR, MARCH 2014
  • 103.
  • 104.
    While stressing theimportance of guaranteeing peace in FATA, we stand together to highlight the urgent importance of mainstreaming and legal reforms for tribal people while also emphasizing the right of FATA citizens to enjoy the same constitutional guarantees and rights as all Pakistanis. Local bodies elections must be held in FATA like in the rest of the country. A new amendment should be introduced to change Article 247 of the constitution to provide equal fundamental rights and also shift legislative powers for FATA from the President of Pakistan to the parliament. Leaders of our respective political parties are united regarding the extension of Pakistan Electronic Media Regulatory Authority (PEMRA) jurisdiction to allow media free access to FATA. They also recommend a strengthened and more independent Jirga system. The Actions in Aid of Civil Power Regulation should be abolished, and to eliminate conflict of interest, executive and judicial powers must be separated in FATA. These recommendations have been unanimously agreed upon following several all-parties conferences held in 2013, including the participation of Awami National Party (ANP), Jamaat-e-Islami (JI), Jamiat Ulema-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), Pakistan Tehreek-e-Insaf (PTI) and Qaumi Watan Party (QWP). We will continue working together to push for these necessary constitutional and legal amendments. With your support, we will continue outreach efforts and ensure that all stakeholders are brought on board to bring about swift enactment and effective implementation of these reforms for FATA. POLITICAL PARTIES JOINT COMMITTEE ON FATA REFORMS MARCH 2014
  • 105.
  • 106.
    Political awareness ofFATA people is increasing in many ways. Radio and newspapers are accessed by people there and organizations are working. Young people in FATA are ready to launch a movement for their rights. I call on all educated people to analyze the situation and devise a proper line of action to achieve the desirable results. ENGINEER TOR GUL CHAMKANI, FATA ACTIVIST AND WRITER JANUARY 2014, CENTER FOR RESEARCH & SECURITY STUDIES
  • 107.
  • 108.
    Reforms are goodbecause in the past there was a deadlock, but now we now have some political freedom and political groups are taking part in elections. Earlier, under the collective responsibility clause of the Frontier Crimes Regulation (FCR), our tribes were arrested, including elders. But now, those above 60 and youth below 18 may not be arrested. Still, permanent implementation of these laws is lacking. As the process has now started, we believe the current reforms are not enough. We should bring more reforms to the FCR to alleviate the problems caused by this regulation. We also ask that Pakistan’s laws be implemented in FATA, especially those guaranteeing human rights and basic rights as these are still lacking in FATA. NISAR MOHMAND, MOHMAND AGENCY MEMBER OF THE FATA GRAND ASSEMBLY, MAY 2013, MASHAAL RADIO
  • 110.
    AJMAL KHAN WAZIR,PAKISTAN MUSLIM LEAGUE, CENTRAL SENIOR VICE PRESIDENT MEMBER OF THE POLITICAL PARTIES ON JOINT COMMITTEE ON FATA REFORMS JANURAY 2014, THE NEWS AND FEBRUARY 2014, CAPITAL TV
  • 111.
  • 113.
  • 114.
    I would bein favor enabling parliamentarians from FATA to have a greater role. It would not be difficult to implement as there are twelve parliamentarians from FATA in the lower house and eight in the upper house. Under the Frontier Crimes Regulation (FCR), however, the Constitution of Pakistan does not extend fully to FATA and no act can be implemented in the region without the prior permission of the President of Pakistan. Until this hurdle is removed, the problems of FATA cannot be resolved. SENATOR SALEH SHAH, SOUTH WAZIRISTAN CHAIRMAN, STANDING COMMITTEE ON STATES AND FRONTIER REGIONS MARCH 2014, EXPRESS TRIBUNE We demand the right to legislate for FATA. We want a system just as is in vogue in the settled areas. We also want local bodies based on merit and democracy. A law for local government elections in FATA is an indispensable necessity in the present circumstances and should be implemented to help resolve our current problems. HAJI NASIR KHAN AFRIDI MEMBER OF THE NATIONAL ASSEMBLY OF PAKISTAN, KHYBER AGENCY JANUARY 2014, CENTER FOR RESEARCH & SECURITY STUDIES
  • 115.
  • 117.
  • 118.
    ENGINEER SHAUKATULLAH KHAN FORMERKHYBER PAKHTUNKHWA GOVERNOR JUNE 2013, FATA GRAND ASSEMBLY, PESHAWAR
  • 119.
  • 121.
  • 122.
    The Frontier CrimesRegulation (FCR) has left us in darkness. Lawlessness and war in FATA is due to the FCR and the FATA restrictions in the Constitution of Pakistan. FATA people have no way to raise their voices against the political administration and FATA lawyers are now fighting against this. We demand that the FCR be abolished and that the High Court and Supreme Court hear our appeals against the regulation. TAJ MAHAL AFRIDI, FATA LAWYER’S FORUM NATIONAL ASSEMBLY CANDIDATE, NA-45, KHYBER AGENCY MAY 2013, MASHAAL RADIO
  • 123.
    We need tohave equal rights just as all other people who live in the settled areas of Pakistan, like in Islamabad, Karachi, and Peshawar. TARIQ KHAN DAWAR, PAKISTAN TEHREEK-E-INSAF NATIONAL ASSEMBLY CANDIDATE, NA-40, NORTH WAZIRISTAN MAY 2013, MASHAAL RADIO
  • 125.
    We should holdcouncil elections in FATA and representatives should be elected on party basis. Councils should then be authorized to legislate for FATA people and the region. Reforms will provide for all these matters. SYED AKHUNZADA CHATTAN, PAKISTAN PEOPLE’S PARTY, BAJAUR AGENCY FORMER MEMBER OF THE NATIONAL ASSEMBLY OF PAKISTAN MEMBER OF THE POLITICAL PARTIES JOINT COMMITTEE ON FATA REFORMS MAY 2013, MASHAAL RADIO 125
  • 126.
    PHOTOGRAPHERS Alimgir Khan Ammad AhmedKhan Azmatullah Faryal Mohmmand Faisal Khan Huma Gul Irfan Ali Jebran Yousefzia Rizwan Bhittani Rohida Saba Rehman Sara Qayum Seema Gul Shah Jehan PUBLISHED BY THE NATIONAL DEMOCRATIC INSTITUTE WITH THE SUPPORT OF THE BRITISH HIGH COMMISSION IN ISLAMABAD ISLAMABAD, PAKISTAN NOVEMBER 2014