The document summarizes the Federally Administered Tribal Areas (FATA) of Pakistan. It outlines that FATA consists of 7 tribal agencies and 6 frontier regions administered under the British-era Frontier Crimes Regulation 1901. FATA has a unique administrative system governed by Political Agents where tribesmen are controlled through the jirga system of justice and collective responsibility. The document also notes criticism of the draconian FCR and lack of democratic institutions and development in FATA compared to other parts of Pakistan.

1. Federally Administered Tribal
Areas (F A T A)
By
Fazal Akbar
DMG Probationer at
Civil Services Academy
Lahore
Dated: 9th March, 2011

2.  Aurakzai Agency
 Bajaur Agency
 Mohmand Agency
 Khaibar Agency
 Kurram Agency
 North Waziristan Agency
 South Waziristan Agency

3.  FR Peshawar
 FR Kohat
 FR Bannu
 FR Lakki Marwat
 FR Tank
 FR Dera Ismail Khan

5.  The Agencies were set up by the British in
18th and 19th centuries, when the closed-door
and Forward Policy did not achieve the
desired objectives.

6. Article 246. Tribal Areas:
(c) Federally Administered Tribal Areas includes
(i) Tribal Areas adjoining Peshawar district;
(ii) Tribal Areas adjoining Kohat district;
(iii) Tribal Areas adjoining Bannu district;
(iiia) Tribal Areas adjoining Lakki Marwat distt:
(iv) Tribal Areas adjoining Dera Ismail Khan
(iva) Tribal Areas adjoining Tank District;

7.  (v) Bajaur Agency;
 (va) Aurakzai Agency;
 (vi) Mohmand Agency;
 (vii) Khyber Agency;
 (viii) Kurram Agency;
 (ix) North Waziristan Agency, and
 (x) South Waziristan Agency.

8. Article 247:
 President has the power to make regulations
for good governance in FATA
 Parliament cannot make a law unless the
president so directs
 High court and supreme court have no
jurisdiction over FATA unless parliament by
law so provides

9. Article 51:
 National Assembly…..12 Seats
Article 59:
 Senate………………. 8 Seats

10. Administrative System

12.  The administration is run through PA, APAs,
Tehsildars, Khassadars, security forces
(Levies or Scouts) and Maliks.
 The tribal administration and system of
justice is based on the concept of territorial,
tribal (collective) and protective
responsibility.

13.  Adjudication is through the Jirga system,
which is something the tribesmen
comprehend and accept.
 The substantive law is the Pakistan Panel
Code, 1860, whereas, the Frontiers Crimes
Regulation, 1901 is the procedural law.

14.  Administration takes cognizance of only
those offenses, which are committed in
protected areas
 Does not generally interfere in the offenses
occurring between the tribes in the tribal
territory of which no cognizance is taken
 The Maliks used to work as medium between
the administration and “Qaum”.

15.  Head of the Agency Administration
 Accountable to Provincial Governor
 Coordinates nation building departments
 Controls tribesmen through a system of
territorial responsibility
 Does not interfere in the affairs of tribesmen

16.  Interferes only in grave situation
 Functions as a District Magistrate and Session
Judge
 Has executive, judicial and revenue powers
and has the responsibility of maintaining law
and order and suppressing crimes in the
tribal areas

17.  Political Agent while administering affairs of
an agency, is assisted by a number of
Assistant Political Agents, Tehsildars
(administrative head of a Tehsil) and Naib
Tehsildars (Deputy Tehsildars), as well as
members from various local police
(Khassadars) and security forces (levies,
scouts).

18.  Political Tehsildars and Political Naib-
Tehsildars are in charge of Tehsils and their
main duty is to control the tribes and to
maintain law and order. They deal with all
cases occurring in the protected area of their
respective Tehsils.

19.  Land revenue administration in some parts of
the Agency is carried on exactly on the same
lines as in the settled districts of Pakistan.
 The political agent plays a supervisory role
for development projects and chairs an
agency development sub-
committee, comprising various government
officials, to recommend proposals and
approve development projects.

20.  He is responsible for handling inter-tribal
disputes over boundaries or the use of
natural resources, for regulating the trade in
natural resources with other agencies/the
settled areas.
 He also serves as project coordinator for rural
development schemes. The PA also acts as
each agency’s development administrator.

21. • The Frontier Crimes Regulations 1901,
popularly known as FCR is one of the major
components of the administrative system of
justice in Tribal Areas.
• It is the supreme law in FATA and other civil
and criminal laws are not extended. It serves
all purposes both of procedural as well as
substantive law.

22. • No right of appeal to the High Court or
Supreme Court exist. Until 1997, the
Commissioner acted as a revisional court but
in 1997 it was amended and turned into
appellate forum and the powers of revision of
the Commissioner’s verdict were given to the
tribunal consisting of secretaries of Home
and Law Department.

23. • The FCR is a subject of frequent criticism as
being a draconian law which is oppressive
and subject to misuse. It is one of the most
highly controversial parts of the tribal system
of administration.
• Section 40, Collective Responsibility Clause

24.  It is basically a procedural law and not a
substantive law, nor can it be considered
comprehensive in its coverage of all the
parameters of the modern laws.

25.  The FCR is a direct contravention of the
Constitution of Pakistan, 1973, as well as the
Juvenile Justice System Ordinance (JJSO),
2000, the Universal Declaration of Human
Rights (UDHR), 1948, the Covenant on Civil
and Political Rights, 1966, and the
Convention on the Rights of the Child (CRC),
1989.

26.  No right of engaging a counsel or defending
one’s rights has been given

27.  There is no audit of the funds received by
Political Agent
 Theoretically, PA is responsible to Governor
for his duties but the practice is different.
 Law and order situation in FATA
 Malik System
 Terrorism

28.  FCR-The draconian law
 Discrimination on the part of Govt
 Poor or no education (22%) (Women 7.5%)
 Poor health facilities
 Power shortage

29.  Poverty
 Poor infrastructure
 Absence of democratic institutions
 No economic activities
 No extension of jurisdiction of High Court
and Supreme Court to FATA

30. Thank You