The people of Fata want complete abolition of FCR and the same rights and laws guaranteed to other citizens
SOUTH WAZIRISTAN AGENCY: The Frontier Crimes Regulations (FCR) were enacted in some parts of Khyber-Pakhtunkhwa (K-P), Balochistan and Fata by the British raj in 1901 for their own protection. In 1947, when Pakistan came on the world map, the FCR were a great challenge for the Pakistani government. In the constitutions of 1956 and 1973, the FCR have been removed from parts of K-P and Balochistan. The people of Fata, however, are still subjected to this draconian law. The FCR are a complete violation of universal human rights and contradict the Constitution of 1973.
The Universal Declaration of Human Rights, proclaimed by the United Nations General Assembly in Paris on December 10, 1948 was to serve as the common standard for all peoples and nations. It set out, for the first time, fundamental human rights to be universally protected, particularly in Articles 9 and 10. Similarly, Articles 8 to 28 of the Constitution of 1973 deal with the fundamental rights of the citizens of the Pakistan. If any of these rights are violated, then the judiciary will provide protection.
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, Fata comes under the direct executive of the president. Furthermore, no fundamental rights that are guaranteed by the Constitution of 1973 are applied to the people of the tribal areas.
An example of the unjust FCR laws is Clause 21, which deals with collective punishment and similarly, under Sections 22 and 23 of the FCR, a fine will be imposed on the entire tribe or family for the crime of a single person.
Last month, five employees of the Fata Development Authority and three security guards went missing from the Toi Khula area of South Waziristan Agency. Under territorial responsibility, Clause 21 of the FCR, for the recovery of the missing employees and guards, the administration of South Waziristan Agency arrested 60 people and sealed their properties. There are more such cases in the tribal areas where the tribal people are treated inhumanely. This incident shows that the FCR are nothing but a complete violation of fundamental human rights. In the past, several committees were formed under different governments to reform the FCR but they all failed to make any positive impact.
The tribal people have been raising their voice against this draconian law but our politicians are not paying attention to this important issue, especially when it comes to responsibility towards the people of Fata. The tribal people request the United Nations and our government to declare the FCR unlawful and inhumane. We want complete abolition of the black law and extend to the Fata people the same rights and laws that have been guaranteed to other citizens of the country under the Constitution of 1973.
Rafiuddin Mehsud
Published in The Express Tribune, April 20th, 2016.
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