CGPA FATA Reforms Launch Invitation (21 Oct 2014)
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A Center for Governance & Public Accountability (CGPA) policy brief for Pakistan lawmakers to inform debate on legal and political reform for the Federally Administered Tribal Areas (FATA). FATA Governance Reforms: Issues and Way Forward is a timely report as the Senate considers a constitution amendment bill and MNA discussions are underway. Policy Brief PDF Link: http://bit.ly/cgpafata
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Struggle for Rights and Reforms in Pakistan Tribal Areas (Nov 2014 Report)
Link: http://bit.ly/fatareport | As Printed in the November 2014 Report: FATA Faces FATA Voices.
Shackled for more than one hundred years under an outdated British law, the Federally Administered Tribal Areas (FATA) of Pakistan has been plagued by instability extending well beyond its colonial-era border with Afghanistan. Excluded from essential provisions of the Constitution of the Islamic Republic of Pakistan, the tribal areas are administered through a legal and administrative regulation known as the Frontier Crimes Regulation (FCR), originally imposed in 1901. No act of the Parliament of Pakistan applies to FATA unless extended by special orders from the President of Pakistan. Furthermore and despite the continuous struggle of the people there, FATA enjoys no elected representation at local or provincial levels, and until 1996 tribal citizens had no universal voting rights in elections for the National Assembly of Pakistan.
FATA Faces FATA Voices
Link: http://bit.ly/fatareport | Reports and Photographs from the Federally Administered Tribal Areas (FATA) in Pakistan.
Published in November 2014, the report features photos taken by young photographers from FATA, examples of everyday life in Mohmand, Khyber, Kurram and South Waziristan agencies. Images of the iconic Khyber Pass and many towns along the border with Afghanistan lend a real-life dimension to this largely unknown, and often ignored or misrepresented region of Pakistan. In a part of the world where photography is uncommon, these photographs depict subtle interactions of FATA citizens at work, at school and during informal moments throughout the tribal areas.
The report text, entitled "The Struggle for Rights and Reforms in Pakistan's Tribal Areas" describes the history and trajectory of reform demands made by Pakistani citizens, civil society groups and the people of FATA. Also included are quotes from citizens and political leaders, collected to show opinions and visions for the future of FATA. Voices included demonstrate a strong desire for equal rights and equal participation in the context of Pakistan's evolving democracy.
For those who know the tribal areas well, this report may serve as a reminder of the great number of Pakistanis working for a brighter future for FATA. For those previously not aware of the political activities in FATA, the report may provide a new and unique glimpse at the diverse richness of the culture and people in Pakistan's tribal areas.
The 75 photographs were carefully selected from over 1,000 that were submitted for review. All are from young photographers between the ages of 17 and 30, from varied socio-economic backgrounds in FATA. Without their efforts and talent, the report would not have been possible. Many thanks to the photographers--and those featured in their work--for the privilege of sharing these images and the stories they tell.
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 and Shah Jehan.
Notice to NGOs to Hire Staff from FATA (SAFRON Ministry, 11 Nov 2014)
After receiving direction from the SAFRON Committee in the National Assembly, the SAFRON Ministry has informed NGOs working in FATA that they should hire the maximum number of employees with FATA domicile and not with Khyber Pakhtunkhwa domicile.
FATA Governance Reforms: Issues and Way Forward (Urdu, CGPA Policy Brief, Oct...
English version available at: https://www.slideshare.net/fatanews/cgpa-fata-reforms-policy-brief-2014-october --- CGPA policy brief for Pakistan lawmakers to inform debate on legal and political reform for the Federally Administered Tribal Areas (FATA). A timely report when the Senate considers a constitution amendment bill and MNA discussions are underway.
FATA Reforms News Update (June-October 2014)
This FATA Reforms News Summary is a 37-page document containing a selection of opinion and news articles regarding recommendations for further reforms in Pakistan's Federally Administered Tribal Areas (FATA). The summary document contains articles, legal documents and other resources from June to October 2014.
The reforms priorities in the document include a Constitution amendment bill presented in the Senate of Pakistan to extend the jurisdiction of High Court and Supreme Court to FATA, a resolution put forward in the National Assembly to shift legislative powers for FATA from the President to the parliament, a new policy brief on FATA reforms by the Centre for Governance and Public Accountability (CGPA), a FATA Committee press release urging equal rights for North Waziristan IDPs, a summary and analysis of the recent Peshawar High Court judgment regarding FATA jurisdiction, and others.
FATA Governance Reforms: Issues and Way Forward (CGPA Policy Brief, October 2...
Urdu version available at: http://www.slideshare.net/fatanews/fata-governance-reforms-issues-and-way-forward-urdu-cgpa-policy-brief-october-2014 --- CGPA policy brief for Pakistan lawmakers to inform debate on legal and political reform for the Federally Administered Tribal Areas (FATA). A timely report when the Senate considers a constitution amendment bill and MNA discussions are underway.
Peshawar High Court FATA Judgment Analysis (2014)
Article 1(c) of the Constitution of the Islamic Republic of Pakistan defines the Federally Administered Tribal Areas (FATA) as part of the Republic’s territories in addition to the four provinces of Balochistan, Khyber Pakhtunkhwa, Punjab, Sindh and the Islamabad Capital Territory. Chapter 1 (Articles 8-28) of the Constitution guarantees Fundamental Rights to the citizens in the territories of the Republic. The Fundamental Rights, inter alia, include the security of person, safeguard as to arrest and detention, the right to fair trial, freedom of movement, assembly, association, speech, and equality of citizens. Article 8 of the Constitution provides that any law, custom or usage having the force of law, which is inconsistent or in derogation of the Fundamental Rights is void.
In contrast to the spirit of the Constitution and the Fundamental Rights contained therein, there exists no judicial forum for the enforcement of Fundamental Rights in FATA. Justice in FATA is dispensed through a quasi-judicial system in accordance with the provisions of a colonial law known as the Frontier Crimes Regulation (FCR) 1901. The FCR concentrates all judicial and executive powers in the office of the Political Agent/Deputy Commissioner, a senior civil servant of the federal government. In contravention of due process of law, citizens in FATA have no right to fair trial and have little safeguard against arbitrary arrest and detention.
Because of its geographical proximity to Khyber Pakhtunkhwa, , the people of FATA often approach the Peshawar High Court (PHC) for the enforcement of their Fundamental Rights, despite the bar of jurisdiction of the High Courts under Article 247(7) of the Constitution. Several petitions relating to FATA were filed in the PHC during 2013 and 2014, related to four broad categories: 1) illegal detentions by political agents in FATA, 2) service matters of the employees working in FATA, 3) contract matters, and 4) Fundamental Rights. In order to address these petitions in accordance with constitutional provisions, the PHC constituted a “larger bench” for the hearings. The Court also appointed seven eminent amicus curiae to assist it on eight specific points.
The Court, after hearing arguments from counsels for the parties and submissions of the amicus curiae, wherein all the previous judgments of the superior courts were exhaustively discussed (see annex for details), considered the matter and passed its judgment on April 7, 2014. The judgment highlights the contradictions in the enforcement of Fundamental Rights and safe administration of justice in FATA. The Court arrived at the conclusion that it has no jurisdiction in areas that constitute FATA except in relation to the terms and conditions of service of the civil servants, development contracts and detentions that violate Section 86-A of the Criminal Procedure Code of Pakistan.
Recommended
Struggle for Rights and Reforms in Pakistan Tribal Areas (Nov 2014 Report)
Link: http://bit.ly/fatareport | As Printed in the November 2014 Report: FATA Faces FATA Voices.
Shackled for more than one hundred years under an outdated British law, the Federally Administered Tribal Areas (FATA) of Pakistan has been plagued by instability extending well beyond its colonial-era border with Afghanistan. Excluded from essential provisions of the Constitution of the Islamic Republic of Pakistan, the tribal areas are administered through a legal and administrative regulation known as the Frontier Crimes Regulation (FCR), originally imposed in 1901. No act of the Parliament of Pakistan applies to FATA unless extended by special orders from the President of Pakistan. Furthermore and despite the continuous struggle of the people there, FATA enjoys no elected representation at local or provincial levels, and until 1996 tribal citizens had no universal voting rights in elections for the National Assembly of Pakistan.
FATA Faces FATA Voices
Link: http://bit.ly/fatareport | Reports and Photographs from the Federally Administered Tribal Areas (FATA) in Pakistan.
Published in November 2014, the report features photos taken by young photographers from FATA, examples of everyday life in Mohmand, Khyber, Kurram and South Waziristan agencies. Images of the iconic Khyber Pass and many towns along the border with Afghanistan lend a real-life dimension to this largely unknown, and often ignored or misrepresented region of Pakistan. In a part of the world where photography is uncommon, these photographs depict subtle interactions of FATA citizens at work, at school and during informal moments throughout the tribal areas.
The report text, entitled "The Struggle for Rights and Reforms in Pakistan's Tribal Areas" describes the history and trajectory of reform demands made by Pakistani citizens, civil society groups and the people of FATA. Also included are quotes from citizens and political leaders, collected to show opinions and visions for the future of FATA. Voices included demonstrate a strong desire for equal rights and equal participation in the context of Pakistan's evolving democracy.
For those who know the tribal areas well, this report may serve as a reminder of the great number of Pakistanis working for a brighter future for FATA. For those previously not aware of the political activities in FATA, the report may provide a new and unique glimpse at the diverse richness of the culture and people in Pakistan's tribal areas.
The 75 photographs were carefully selected from over 1,000 that were submitted for review. All are from young photographers between the ages of 17 and 30, from varied socio-economic backgrounds in FATA. Without their efforts and talent, the report would not have been possible. Many thanks to the photographers--and those featured in their work--for the privilege of sharing these images and the stories they tell.
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 and Shah Jehan.
Notice to NGOs to Hire Staff from FATA (SAFRON Ministry, 11 Nov 2014)
After receiving direction from the SAFRON Committee in the National Assembly, the SAFRON Ministry has informed NGOs working in FATA that they should hire the maximum number of employees with FATA domicile and not with Khyber Pakhtunkhwa domicile.
FATA Governance Reforms: Issues and Way Forward (Urdu, CGPA Policy Brief, Oct...
English version available at: https://www.slideshare.net/fatanews/cgpa-fata-reforms-policy-brief-2014-october --- CGPA policy brief for Pakistan lawmakers to inform debate on legal and political reform for the Federally Administered Tribal Areas (FATA). A timely report when the Senate considers a constitution amendment bill and MNA discussions are underway.
FATA Reforms News Update (June-October 2014)
This FATA Reforms News Summary is a 37-page document containing a selection of opinion and news articles regarding recommendations for further reforms in Pakistan's Federally Administered Tribal Areas (FATA). The summary document contains articles, legal documents and other resources from June to October 2014.
The reforms priorities in the document include a Constitution amendment bill presented in the Senate of Pakistan to extend the jurisdiction of High Court and Supreme Court to FATA, a resolution put forward in the National Assembly to shift legislative powers for FATA from the President to the parliament, a new policy brief on FATA reforms by the Centre for Governance and Public Accountability (CGPA), a FATA Committee press release urging equal rights for North Waziristan IDPs, a summary and analysis of the recent Peshawar High Court judgment regarding FATA jurisdiction, and others.
FATA Governance Reforms: Issues and Way Forward (CGPA Policy Brief, October 2...
Urdu version available at: http://www.slideshare.net/fatanews/fata-governance-reforms-issues-and-way-forward-urdu-cgpa-policy-brief-october-2014 --- CGPA policy brief for Pakistan lawmakers to inform debate on legal and political reform for the Federally Administered Tribal Areas (FATA). A timely report when the Senate considers a constitution amendment bill and MNA discussions are underway.
Peshawar High Court FATA Judgment Analysis (2014)
Article 1(c) of the Constitution of the Islamic Republic of Pakistan defines the Federally Administered Tribal Areas (FATA) as part of the Republic’s territories in addition to the four provinces of Balochistan, Khyber Pakhtunkhwa, Punjab, Sindh and the Islamabad Capital Territory. Chapter 1 (Articles 8-28) of the Constitution guarantees Fundamental Rights to the citizens in the territories of the Republic. The Fundamental Rights, inter alia, include the security of person, safeguard as to arrest and detention, the right to fair trial, freedom of movement, assembly, association, speech, and equality of citizens. Article 8 of the Constitution provides that any law, custom or usage having the force of law, which is inconsistent or in derogation of the Fundamental Rights is void.
In contrast to the spirit of the Constitution and the Fundamental Rights contained therein, there exists no judicial forum for the enforcement of Fundamental Rights in FATA. Justice in FATA is dispensed through a quasi-judicial system in accordance with the provisions of a colonial law known as the Frontier Crimes Regulation (FCR) 1901. The FCR concentrates all judicial and executive powers in the office of the Political Agent/Deputy Commissioner, a senior civil servant of the federal government. In contravention of due process of law, citizens in FATA have no right to fair trial and have little safeguard against arbitrary arrest and detention.
Because of its geographical proximity to Khyber Pakhtunkhwa, , the people of FATA often approach the Peshawar High Court (PHC) for the enforcement of their Fundamental Rights, despite the bar of jurisdiction of the High Courts under Article 247(7) of the Constitution. Several petitions relating to FATA were filed in the PHC during 2013 and 2014, related to four broad categories: 1) illegal detentions by political agents in FATA, 2) service matters of the employees working in FATA, 3) contract matters, and 4) Fundamental Rights. In order to address these petitions in accordance with constitutional provisions, the PHC constituted a “larger bench” for the hearings. The Court also appointed seven eminent amicus curiae to assist it on eight specific points.
The Court, after hearing arguments from counsels for the parties and submissions of the amicus curiae, wherein all the previous judgments of the superior courts were exhaustively discussed (see annex for details), considered the matter and passed its judgment on April 7, 2014. The judgment highlights the contradictions in the enforcement of Fundamental Rights and safe administration of justice in FATA. The Court arrived at the conclusion that it has no jurisdiction in areas that constitute FATA except in relation to the terms and conditions of service of the civil servants, development contracts and detentions that violate Section 86-A of the Criminal Procedure Code of Pakistan.
FATA Reforms Commission Notification (May 2014)
The mandate of the commission is to formulate and propose clear strategic objectives, strategies, policies and action plans and put forward recommendations for the approval of the Governor Khyber Pakhtunkhwa. The Commission will also overview the implementation of the reform initiatives and propose “mid-course corrections” as and when required.
Mapping PCNA Investments in FATA (January 2014)
A report of the Post-crisis Needs Assessment implementation support unit for FATA, this document details the previous and ongoing investments in the tribal areas, particularly focusing on areas of work and reform identified in the PCNA document. Complete PCNA document can be found here: http://www.slideshare.net/fatanews/postcrisis-needs-assessment-pcna-for-fata-and-khyber-pakhtunkhwa
Post-crisis Needs Assessment (PCNA) for FATA and Khyber Pakhtunkhwa (Septembe...
As assessment of needs in FATA and KP as part of the World Bank-implemented Multi-donor Trust Fund project. The document includes concrete recommendations for administrative, political and legal reforms for Pakistan's tribal areas.
FATA Reforms News Update (April-May 2014)
The FATA Reforms news update below is a 16-page document containing a selection of opinion and news articles regarding recommendations for further reforms in Pakistan's Federally Administered Tribal Areas (FATA). The summary document contains articles from April to May 2014.
The reforms priorities in the document include the establishing of a new FATA Reforms Commission by recently appointed Khyber Pakhtunkhwa Governor Sardar Mehtab Ahmed Khan, the historic April 7, 2014 judgment of the Peshawar High Court regarding FATA jurisdiction and Article 247 of the constitution, and calls for greater transparency in the tribal areas and others.
2013 FATA Pre-election Briefing (February 2013)
Details previous elected National Assembly deputies as well as electoral roll data for the May 2013 elections. Briefing courtesy of http://www.slideshare.net/tayyebafridi
Peshawar High Court Judgment on FATA Jurisdiction (April 2014)
MAY 6, 2014: The Peshawar High Court (PHC) on Monday advised the federal government to submit a reference in the Parliament for suitable amendments to the Constitution with an aim to protect fundamental human rights in the tribal region. The advice was given by a larger bench in a detailed judgment over matters related to illegal detentions and issues of government servants.
The PHC on Monday issued a 46-page judgment related to Fata, in which a larger bench comprising the then PHC chief justice Mian Fasihul Mulk, present Chief Justice Mazhar Alam Miankhel, Justice Yahya Afridi, Justice Qaiser Rasheed and Justice Malik Manzoor Hussain declared that the high court had jurisdiction to hear cases of the employees of provincial and federal governments serving in Fata.
About arrest of people from settled areas by the political administration, the bench declared that the high court could assume its jurisdiction in illegal arrest by the political administration. The bench stated that the arrest would be illegal if political administration did not fulfil procedure under section 86-A of the Criminal Procedure Code (CrPC), before shifting the arrested persons to tribal areas from the settled areas.
The bench declared that the high court had jurisdiction to hear the cases if the incident or any other agreements on business and other matters took place in settled areas between private parties and action was taken by the political authorities.
The bench said the court would decide its jurisdiction in the service maters of those employees who were directly appointed by the political authorities when such cases come to the court for hearing.
However, the bench declared that the high court had no jurisdiction to hear cases related to various matters occurring in Fata and illegal arrests of tribal people there.The judgment said the political agents’ basic duty was to run the administrative affairs of various tribal agencies, but at the same time they also act as judge and sentenced the tribal people under the FCR.
The bench declared that there was no system to control the unlimited powers of the political agents and that was why they were committing serious violations of fundamental human rights and giving decisions on their own free will and under sub-Article 7 of Article 247 of Constitution their divisions are not challenged in the high court.
Therefore, the court declared sub-article 7 of Article 247 of the Constitution inconsistent with articles related to fundamental rights and advised the federal government to submit a reference in the parliament for suitable amendments to the said article.
“We are advising the federal government to submit a reference in the National Assembly and Senate for suitable amendments in sub-article 7 of Article 247 of the Constitution. People of Fata are citizens of Pakistan, but imposing restriction through this article of the Constitution against tribal people to get fundamental rights.
Local Government in FATA: Failures, Challenges, Prospects (FATA Research Cent...
ISLAMABAD, April 22, 2014: The tribal people demanded immediate extension of local governments system to tribal territories to mainstream the Federally Administered Tribal Areas both politically and socially with rest of the country.
This was the crux of a Study Report titled "Local Government in FATA: Past Failures, Current Challenges and Future Prospects" launched by Islamabad-based think tank - FATA Research Center - at a local hotel here on Tuesday.
The report is prepared after conducting extensive surveys, interviews and round tables conferences with different stakeholders including tribal people, elders, political and legal experts, academia, media men and government officials.
Speaking at a launching ceremony as a chief guest, Federal Minister for State and Frontier Regions (SAFRON) Lt Gen (R) Qadir Baloch, said the findings of the report are manifesting the fact that tribal people are politically aware and demanding participation in affairs of the state through democratically elected bodies.
The minister elaborated that we haven't decided yet about the date of conducting local bodies elections in entire of Pakistan and will introduce the local government system in FATA before its elections.
Local Government Reforms in Pakistan: Context, Content and Causes
This paper examines the recent decentralization reforms in Pakistan under
General Musharraf. We highlight major aspects of this reform and analyze its
evolution in a historical context to better understand potential causes behind this
current decentralization. Analyzing the evolution of local government reforms in
Pakistan is interesting because each of the three major reform experiments has
been instituted at the behest of a non-representative centre using a ‘top down’
approach. Each of these reform experiments is a complementary change to a
wider constitutional reengineering strategy devised to further centralization of
political power in the hands of the non-representative centre. We argue that the
design of the local government reforms in these contexts becomes endogenous to
the centralization objectives of the non-representative centre. It is hoped that
analyzing the Pakistani experience will help shed light on the positive political
economy question of why non-representative regimes have been willing
proponents of decentralization to the local level.
Mainstreaming FATA: Defining, Democratizing and Developing (2009, Shaheed Bhu...
Mainstreaming FATA: Defining, Democratizing and Developing (2009, Shaheed Bhutto Foundation)
Impediments to Integrating FATA in Pakistan Mainstream (2009, Muhammad Tayyab...
This paper aims to analyze the impediments involved in integration of the FATA in the national mainstream of Pakistan with a view to make suitable recommendations. This paper briefly discusses the historical background and provides a short overview of the administrative, judicial, political and socio-economic aspects of the FATA. In assessing the underlying causes of the FATA problem, this paper suggests a significant change to the FATA’s status quo as an essential and effective measure. To understand the FATA conundrum, case studies of handling Pashtuns residing in the region of the NWF by British, Soviets and later by Pakistan have been done. It has provided a better understanding and apt analysis of the current situation. The paper also addresses the concerns of Pakistan on the involvement of foreign hand in destabilizing the situation inside the FATA and other parts of Pakistan. As the credibility of such like information is always difficult to ascertain; therefore, occasional release of related news in the media and comments of senior Pakistani officials and journalist have been used as base facts for drawing relevant conclusion.
The world at large and Pakistanis in particular have to unveil forces working behind the scenes in the FATA. In addition, an effective reform package with a potent media campaign is required to go in to the FATA, thereby not only making the locals aware of the sensitivity of the problem of extremism coupled with terrorism in their society but to make the reminder of Pakistanis also realize that the FATA requires a national effort of integration which cannot be left to only one component of government i.e. Army and other LEAs.
FATA Reforms News Update (Nov 2013-Feb 2014)
The FATA Reforms news update below is a 36-page document containing a selection of opinion and news articles regarding recommendations for further reforms in Pakistan's Federally Administered Tribal Areas (FATA). The summary document contains articles from November 2013 to February 2014.
The reforms priorities in the document include abolishing the Frontier Crimes Regulation (FCR), many calls for extending a local government system to FATA, amending Article 247 of the Constitution of Pakistan, competing calls for future FATA status, commentary on development in FATA, calls for greater transparency in the tribal areas and others.
Pakistan travel noc factsheet for kp and fata
This is the factsheet of the NOCs submitted for travel to KP and FATA during the months from October to December 2013.
A total of 136 applications were submitted by 10 INGOs, 7 UN agencies, and 1 NNGO. 74% of the applications were approved and 19% were refused, which is higher than 7% of the previous quarter.
The official processing time for travel NOC in KP and FATA is 7 days, but this factsheet presents the average processing time for FATA NOC to be 9 days, and for KP NOC 9 days.
Considerable variations were observed, with FATA NOC being processing over a range of 1-76 days and KP NOC over a range of 1-68 days.
Drones, Spies, Terrorists and Second Class Citizenship in Pakistan (Christine...
This essay reviews seven recent books and reports that focus upon the use of U.S. armed drones in Pakistan’s Federally Administered Tribal Areas (FATA). This essay synthesizes a historical account of the program, critically interrogates key arguments and evidence advanced by the various authors, and draws attention the particular problems that confront those who live in the FATA and the second-class citizenship that the Pakistani state has bestowed upon them for reasons of domestic and foreign policy concerns. This review essay does not intend to be the final word on any of the ongoing policy debates. But it does hope to enable a wider audience to take part in these important deliberations.
Jirga Monitor #9 (August 2013, English)
The newsletter ‘Jirga Monitor’ is an activity of CAMP’s project titled ‘Rule of Law Programming in Pakistan’ (Phase IV: ‘Reforming the Jirga System through Evidence based Advocacy and Sensitisation’), funded by Foreign Office of the Federal Republic of Germany.
In this Issue
Jirga Decisions
Women Rights and Traditional Jirga
Treading the Unknown
Download the complete Jirga Monitor below
CAMP brings you yet another diverse and interesting issue of its periodical newsletter ‘Jirga Monitor’ comprising of major developments and commentaries on the traditional
Pakhtun dispute resolution system.
The Supreme Court of Pakistan recently urged the government to initiate an awareness campaign by involving educational institutions, the media and NGOs to make sure that women were not exchanged to resolve disputes through the Jirga system.
Jirga Monitor #8 (May 2013, English)
The newsletter ‘Jirga Monitor’ is an activity of CAMP’s project titled ‘Rule of Law Programming in Pakistan’ (Phase IV: ‘Reforming the Jirga System through Evidence based Advocacy and Sensitisation’), funded by Foreign Office of the Federal Republic of Germany.
IN THIS ISSUE
A review of RLPP, Capacity Building Workshop in Phase III
The Rule of Law Programming in Pakistan (RLPP), Phase IV – ‘Reforming the Jirga System through Evidence based Advocacy and Sensitisation’
FCR Jirga: Fast Losing Public Support
‘Jirga: A Protection Mechanism’
Download the complete Jirga Monitor below
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FATA Reforms Commission Notification (May 2014)
The mandate of the commission is to formulate and propose clear strategic objectives, strategies, policies and action plans and put forward recommendations for the approval of the Governor Khyber Pakhtunkhwa. The Commission will also overview the implementation of the reform initiatives and propose “mid-course corrections” as and when required.
Mapping PCNA Investments in FATA (January 2014)
A report of the Post-crisis Needs Assessment implementation support unit for FATA, this document details the previous and ongoing investments in the tribal areas, particularly focusing on areas of work and reform identified in the PCNA document. Complete PCNA document can be found here: http://www.slideshare.net/fatanews/postcrisis-needs-assessment-pcna-for-fata-and-khyber-pakhtunkhwa
Post-crisis Needs Assessment (PCNA) for FATA and Khyber Pakhtunkhwa (Septembe...
As assessment of needs in FATA and KP as part of the World Bank-implemented Multi-donor Trust Fund project. The document includes concrete recommendations for administrative, political and legal reforms for Pakistan's tribal areas.
FATA Reforms News Update (April-May 2014)
The FATA Reforms news update below is a 16-page document containing a selection of opinion and news articles regarding recommendations for further reforms in Pakistan's Federally Administered Tribal Areas (FATA). The summary document contains articles from April to May 2014.
The reforms priorities in the document include the establishing of a new FATA Reforms Commission by recently appointed Khyber Pakhtunkhwa Governor Sardar Mehtab Ahmed Khan, the historic April 7, 2014 judgment of the Peshawar High Court regarding FATA jurisdiction and Article 247 of the constitution, and calls for greater transparency in the tribal areas and others.
2013 FATA Pre-election Briefing (February 2013)
Details previous elected National Assembly deputies as well as electoral roll data for the May 2013 elections. Briefing courtesy of http://www.slideshare.net/tayyebafridi
Peshawar High Court Judgment on FATA Jurisdiction (April 2014)
MAY 6, 2014: The Peshawar High Court (PHC) on Monday advised the federal government to submit a reference in the Parliament for suitable amendments to the Constitution with an aim to protect fundamental human rights in the tribal region. The advice was given by a larger bench in a detailed judgment over matters related to illegal detentions and issues of government servants.
The PHC on Monday issued a 46-page judgment related to Fata, in which a larger bench comprising the then PHC chief justice Mian Fasihul Mulk, present Chief Justice Mazhar Alam Miankhel, Justice Yahya Afridi, Justice Qaiser Rasheed and Justice Malik Manzoor Hussain declared that the high court had jurisdiction to hear cases of the employees of provincial and federal governments serving in Fata.
About arrest of people from settled areas by the political administration, the bench declared that the high court could assume its jurisdiction in illegal arrest by the political administration. The bench stated that the arrest would be illegal if political administration did not fulfil procedure under section 86-A of the Criminal Procedure Code (CrPC), before shifting the arrested persons to tribal areas from the settled areas.
The bench declared that the high court had jurisdiction to hear the cases if the incident or any other agreements on business and other matters took place in settled areas between private parties and action was taken by the political authorities.
The bench said the court would decide its jurisdiction in the service maters of those employees who were directly appointed by the political authorities when such cases come to the court for hearing.
However, the bench declared that the high court had no jurisdiction to hear cases related to various matters occurring in Fata and illegal arrests of tribal people there.The judgment said the political agents’ basic duty was to run the administrative affairs of various tribal agencies, but at the same time they also act as judge and sentenced the tribal people under the FCR.
The bench declared that there was no system to control the unlimited powers of the political agents and that was why they were committing serious violations of fundamental human rights and giving decisions on their own free will and under sub-Article 7 of Article 247 of Constitution their divisions are not challenged in the high court.
Therefore, the court declared sub-article 7 of Article 247 of the Constitution inconsistent with articles related to fundamental rights and advised the federal government to submit a reference in the parliament for suitable amendments to the said article.
“We are advising the federal government to submit a reference in the National Assembly and Senate for suitable amendments in sub-article 7 of Article 247 of the Constitution. People of Fata are citizens of Pakistan, but imposing restriction through this article of the Constitution against tribal people to get fundamental rights.
Local Government in FATA: Failures, Challenges, Prospects (FATA Research Cent...
ISLAMABAD, April 22, 2014: The tribal people demanded immediate extension of local governments system to tribal territories to mainstream the Federally Administered Tribal Areas both politically and socially with rest of the country.
This was the crux of a Study Report titled "Local Government in FATA: Past Failures, Current Challenges and Future Prospects" launched by Islamabad-based think tank - FATA Research Center - at a local hotel here on Tuesday.
The report is prepared after conducting extensive surveys, interviews and round tables conferences with different stakeholders including tribal people, elders, political and legal experts, academia, media men and government officials.
Speaking at a launching ceremony as a chief guest, Federal Minister for State and Frontier Regions (SAFRON) Lt Gen (R) Qadir Baloch, said the findings of the report are manifesting the fact that tribal people are politically aware and demanding participation in affairs of the state through democratically elected bodies.
The minister elaborated that we haven't decided yet about the date of conducting local bodies elections in entire of Pakistan and will introduce the local government system in FATA before its elections.
Local Government Reforms in Pakistan: Context, Content and Causes
This paper examines the recent decentralization reforms in Pakistan under
General Musharraf. We highlight major aspects of this reform and analyze its
evolution in a historical context to better understand potential causes behind this
current decentralization. Analyzing the evolution of local government reforms in
Pakistan is interesting because each of the three major reform experiments has
been instituted at the behest of a non-representative centre using a ‘top down’
approach. Each of these reform experiments is a complementary change to a
wider constitutional reengineering strategy devised to further centralization of
political power in the hands of the non-representative centre. We argue that the
design of the local government reforms in these contexts becomes endogenous to
the centralization objectives of the non-representative centre. It is hoped that
analyzing the Pakistani experience will help shed light on the positive political
economy question of why non-representative regimes have been willing
proponents of decentralization to the local level.
Mainstreaming FATA: Defining, Democratizing and Developing (2009, Shaheed Bhu...
Mainstreaming FATA: Defining, Democratizing and Developing (2009, Shaheed Bhutto Foundation)
Impediments to Integrating FATA in Pakistan Mainstream (2009, Muhammad Tayyab...
This paper aims to analyze the impediments involved in integration of the FATA in the national mainstream of Pakistan with a view to make suitable recommendations. This paper briefly discusses the historical background and provides a short overview of the administrative, judicial, political and socio-economic aspects of the FATA. In assessing the underlying causes of the FATA problem, this paper suggests a significant change to the FATA’s status quo as an essential and effective measure. To understand the FATA conundrum, case studies of handling Pashtuns residing in the region of the NWF by British, Soviets and later by Pakistan have been done. It has provided a better understanding and apt analysis of the current situation. The paper also addresses the concerns of Pakistan on the involvement of foreign hand in destabilizing the situation inside the FATA and other parts of Pakistan. As the credibility of such like information is always difficult to ascertain; therefore, occasional release of related news in the media and comments of senior Pakistani officials and journalist have been used as base facts for drawing relevant conclusion.
The world at large and Pakistanis in particular have to unveil forces working behind the scenes in the FATA. In addition, an effective reform package with a potent media campaign is required to go in to the FATA, thereby not only making the locals aware of the sensitivity of the problem of extremism coupled with terrorism in their society but to make the reminder of Pakistanis also realize that the FATA requires a national effort of integration which cannot be left to only one component of government i.e. Army and other LEAs.
FATA Reforms News Update (Nov 2013-Feb 2014)
The FATA Reforms news update below is a 36-page document containing a selection of opinion and news articles regarding recommendations for further reforms in Pakistan's Federally Administered Tribal Areas (FATA). The summary document contains articles from November 2013 to February 2014.
The reforms priorities in the document include abolishing the Frontier Crimes Regulation (FCR), many calls for extending a local government system to FATA, amending Article 247 of the Constitution of Pakistan, competing calls for future FATA status, commentary on development in FATA, calls for greater transparency in the tribal areas and others.
Pakistan travel noc factsheet for kp and fata
This is the factsheet of the NOCs submitted for travel to KP and FATA during the months from October to December 2013.
A total of 136 applications were submitted by 10 INGOs, 7 UN agencies, and 1 NNGO. 74% of the applications were approved and 19% were refused, which is higher than 7% of the previous quarter.
The official processing time for travel NOC in KP and FATA is 7 days, but this factsheet presents the average processing time for FATA NOC to be 9 days, and for KP NOC 9 days.
Considerable variations were observed, with FATA NOC being processing over a range of 1-76 days and KP NOC over a range of 1-68 days.
Drones, Spies, Terrorists and Second Class Citizenship in Pakistan (Christine...
This essay reviews seven recent books and reports that focus upon the use of U.S. armed drones in Pakistan’s Federally Administered Tribal Areas (FATA). This essay synthesizes a historical account of the program, critically interrogates key arguments and evidence advanced by the various authors, and draws attention the particular problems that confront those who live in the FATA and the second-class citizenship that the Pakistani state has bestowed upon them for reasons of domestic and foreign policy concerns. This review essay does not intend to be the final word on any of the ongoing policy debates. But it does hope to enable a wider audience to take part in these important deliberations.
Jirga Monitor #9 (August 2013, English)
The newsletter ‘Jirga Monitor’ is an activity of CAMP’s project titled ‘Rule of Law Programming in Pakistan’ (Phase IV: ‘Reforming the Jirga System through Evidence based Advocacy and Sensitisation’), funded by Foreign Office of the Federal Republic of Germany.
In this Issue
Jirga Decisions
Women Rights and Traditional Jirga
Treading the Unknown
Download the complete Jirga Monitor below
CAMP brings you yet another diverse and interesting issue of its periodical newsletter ‘Jirga Monitor’ comprising of major developments and commentaries on the traditional
Pakhtun dispute resolution system.
The Supreme Court of Pakistan recently urged the government to initiate an awareness campaign by involving educational institutions, the media and NGOs to make sure that women were not exchanged to resolve disputes through the Jirga system.
Jirga Monitor #8 (May 2013, English)
The newsletter ‘Jirga Monitor’ is an activity of CAMP’s project titled ‘Rule of Law Programming in Pakistan’ (Phase IV: ‘Reforming the Jirga System through Evidence based Advocacy and Sensitisation’), funded by Foreign Office of the Federal Republic of Germany.
IN THIS ISSUE
A review of RLPP, Capacity Building Workshop in Phase III
The Rule of Law Programming in Pakistan (RLPP), Phase IV – ‘Reforming the Jirga System through Evidence based Advocacy and Sensitisation’
FCR Jirga: Fast Losing Public Support
‘Jirga: A Protection Mechanism’
Download the complete Jirga Monitor below
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Post-crisis Needs Assessment (PCNA) for FATA and Khyber Pakhtunkhwa (Septembe...
Post-crisis Needs Assessment (PCNA) for FATA and Khyber Pakhtunkhwa (Septembe...
Analysis of 2013 FATA General Election Results (FAFEN report, January 2014)
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Peshawar High Court Judgment on FATA Jurisdiction (April 2014)
Peshawar High Court Judgment on FATA Jurisdiction (April 2014)
Social and Psychological Consequences of Violence in FATA (September 2013)
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Local Government in FATA: Failures, Challenges, Prospects (FATA Research Cent...
Local Government in FATA: Failures, Challenges, Prospects (FATA Research Cent...
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Mainstreaming FATA: Defining, Democratizing and Developing (2009, Shaheed Bhu...
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Impediments to Integrating FATA in Pakistan Mainstream (2009, Muhammad Tayyab...
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Drones, Spies, Terrorists and Second Class Citizenship in Pakistan (Christine...
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