Over 40 per cent of Fata’s population lives in various parts of the country as internally displaced persons
SOUTH WAZIRISTAN AGENCY: Fata has been ruled by the British-enacted law, the Frontier Crimes Regulation (FCR), since 1901. After the birth of Pakistan, the people of the area raised their voices against this brutal law. The 12th point of National Action Plan on reforms in Fata has seemingly been forgotten.
The administrative, political, social and economic needs of Pashtuns living in the colonial construct of Fata have escaped the minds of those who created the plan.
According to the Articles 1 and 2 of the Constitution of 1973, Fata is a part of Pakistan. However, according to the Articles 51, 59 and 247, it comes under the direct executive of the president.
Articles 8 to 28 of the 1973 Constitution deal with the fundamental rights of Pakistani citizens. If these rights are violated, then the judiciary takes action.
The FCR contradicts the Constitution of 1973 and there are certain clauses which violate the fundamental rights of the tribal people, such as the right to appeal detention, the right to legal representation, and the right to present reasoned evidence.
These rights are not applicable to Fata residents. The K-P and Balochistan high courts call the FCR illegal. The law enacted in 1901 from the British era is still in existence in the 21st century.
Within Fata, there are three schools of thought. The first school of thought includes representatives of the areas and is in favour of integration of the tribal areas with K-P. The second school of thought demands a separate province for the people of the area and the third school of thought wants an autonomous tribal council.
However, the majority of the tribal people are in favour of merging Fata with K-P.
Several committees had been formed in the past and many reforms made to the FCR but they lacked implementation. Recently, parliamentarians from Fata submitted the Fata Reforms Bill in the National Assembly and demanded the integration of Fata with K-P. On November 8, Prime Minister Nawaz Sharif formed a five-member committee to finalise reforms in the tribal areas. Unfortunately, all members of the afore-mentioned committee are non-residents of the tribal areas and none of them is from Fata. It is strange that no representation has been given to the actual people who have been raising their voices against the brutal FCR law.
The committee tried to convene a meeting of tribal elders for some changes to the FCR, as it doesn’t want repeal of the draconian law.
The most important thing regarding the tribal people is that over 40 per cent of Fata’s population lives in various parts of the country as internally displaced persons. The government should take quick steps for the rehabilitation of these people as progress and development in Fata is dependent on the rehabilitation of the local people.
(To be concluded)
Rafiuddin Mehsud
Published in The Express Tribune, March 13th, 2016.
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