Reforms in Fata

It is time that the inhabitants of Fata are granted equal status as Pakistani citizens.


Sabina Khan April 29, 2011

President Asif Ali Zardari recently said that a package of reforms for Fata would be implemented soon. These consist of political, administrative and judicial changes and were originally announced in April 2009, but have yet to be implemented. The proposed reforms are inadequate because the core issue of Fata’s political status has yet to be addressed. Article 247(6) of Pakistan’s Constitution gives the president powers to declare all, or part of Fata a non-tribal area. However, in order to extend conventional governance into Fata, an administrative infrastructure will need to be established first, such as courts, police stations etc. This will take time, but the decision to develop the infrastructure should be an outcome of a Loi jirga. This entire process cannot be imposed on the people from external elements whom they do not recognise; it must be their own decision.

The Frontier Crimes Regulation (FCR) needs to be abolished eventually but should not be rushed since the whole phasing out process needs to be gradual. Realistically speaking, it may take a few years. A sudden change in the governing system of Fata would not be welcome — in Swat, it was abolished overnight and this was followed by complete anarchy. In order to avoid a similar mistake in Fata, a step-by-step approach is necessary to ensure that the society and the government have the ability to adjust to each step.

The harsh terrain and the population straddling the porous border with Afghanistan will require immense resources to establish an effective administrative and law enforcement system in Fata. In his 2010 paper, the previous governor of Khyber-Pakthunkhwa (KP), Owais Ahmed Ghani, stated that these resources may not be available for some time. He wrote that it is important to sustain the tribes in the short term through restoration of the traditional role of the political agent by strengthening their power and authority in their respective agency. He also emphasised the importance of reviving the malik system so that they can develop the tribes’ capacity to deliver collective and territorial responsibility.

Fata and the Provincially Administered Tribal Areas (Pata) have no constitutional status, being tribal and self-governing through the FCR. To bring these areas under the constitution and at par with other regions, they shall have to be either absorbed into the adjacent province, Khyber-Pakhtunkhwa, or become a new province altogether. However, this process can only be undertaken successfully if the people of the tribal areas are on board.

Historically, the British had suggested merging Fata into the settled parts of the NWFP, now known as Khyber-Pakhtunkhwa. However, they did not implement this policy because they knew Fata’s population would have — violently perhaps — resisted any such move. Fata cannot be merged into KP because the social set-up of the people of Fata is considerably different from that of those in Khyber-Pakhtunkhwa, integration between the two would be difficult and a civil war might break out. Integration will lead to a dismal allocation of funds for development in Fata because of the relatively weak financial position of KP.

Interviews conducted by non-profits such as the New America Foundation and Terror Free Tomorrow, revealed that 70 per cent of Fata residents said Fata should become a separate province of Pakistan. However, if Fata is given a separate provincial status, then southern Punjab, Hazara and parts of Balochistan will likely demand a similar status as well.

The situation in Pakistan must be considered as an opportunity for change in Fata. The military advances in Fata have established the government’s writ in places that had been lost to the Taliban and the group’s fighting ability has been somewhat dented. Hence, the government needs to step in and take advantage of this opening. The root causes of militancy need to be addressed by implementing reforms in basic governance structures to combat poverty and lack of education. Fata should not be allowed to return to pre-militancy status. Instead, a higher state presence in the tribal areas must be the end goal. It is time that the inhabitants of Fata are granted equal status as Pakistani citizens.

Published in The Express Tribune, April 30th, 2011.

COMMENTS (14)

Maria | 12 years ago | Reply @Mehmood Qureshi: That's pretty judgemental. Not only are there natives of FATA along the California Coast but throughout the world. It never ceases to amaze me when I come across another Pakistani from a remote location in Pakistan in the most exotic of locals. Only last month I came across a female surgeon from Bannu but originally from the Tribal Belt practicing outside Waterloo. The point being that our Pakistani sisters and brothers of all backgrounds have excelled in many fields. We simply need to improve the educational opportunities for all Pakistanis so that they may pursue their dreams. Incidentally I too went to University in Peshawar based on an underserved area quota before going for higher studies abroad.While I agree with the need to abolish the FCR and the need to introduce administrative, political and judicial changes to merge FATA with mainstream Pakistan, I disagree that FATA should be a separate province. For all intents and purposes, most educated and upwardly mobile people from FATA are already integrated with KPK with which the region is contiguous. Many have a home in KPK along with their ancestral home in FATA. People in fact see themselves as an extension of KPK. It only makes sense to further integrate FATA into KPK.
Tariq | 12 years ago | Reply Hey Diesel, I am very aware of what Chitral and Dir are; they are 'PATA' where the constitution allows them the same status as in FATA except that they come under the Governor's rule as opposed to presidential rule as in FATA. However, the Governor remains the agent of the president even in FATA and as such it is more a question of semantics. Secondly, the question about Swat, please understand what the Malakand Agency is and large parts of Swat fall into it. The Agency is the biggest aberration to governance; i.e. there is a DCO when there should be a PA, there is police when there should be Levys, there is a jail when there is no court and this is an example of why a society could be hijacked when a government remained confused. (After all are we suggesting that it is OK to have Chitral in the Malakand Agency when it does not have a road connection in winter, it has a separate language and almost a different ideology). About Kurram, I did forget to mention it but it is primarily because it has remained a sectarian issue more than a militant one. That does not mean it does not give space to militancy to some extent but the resolution lies within and not in FCR changes. But what people are not really understanding is that nobody has suggested that the FCR should be kept in place, all that is being suggested is that do not do any knee-jerk changes, such as in the past; they have never succeeded. I too come form the tribal belt and I can assure you the FCR was not the reason for the conflict nor was it a popular demand for having it removed or replaced immediately. This has been the demand of the MNAs that are living in Islamabad representing FATA. Most have not stayed in their agencies and I know quite a few who are only available to the government to boost up votes in the parliament. If this is to be the representation and the consequences of removal of the FCR, THEN PLEASE LEAVE US ALONE.I agree if the Army takes control of the N Waziristan areas the drones will stop. After all the conflict Zone is 45000 Sq Kms but the Drones are falling in N Waziristan alone which is only 15000 Sq Kms or so. It vindicates my point, most of the other areas are under reasonable control but here we are being tentative. The heavy weapon issue I have not understood, the Taliban have Rocket Launchers, 12.7 HMGs at best, this does not match the Army's capacity even by a fraction. But Diesel, you seem to know what you are talking about and I would like to continue are discussion on the FCR, we may both learn something. About someone getting annoyed with the author's qualifications, strange; he would rather have someone from a Madrassah giving him direction. What's with you friend, why run down education, how do you know that Monterey disqualifies you from returning to your people, living and travelling in your area and working with society from within; do you know this already or are you willing to pass judgement on an assumption that the author is Islamabad based? Cheers!!!!
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