Integration of FATA

Since 1976, in order to reform Fata, 15 commissions and committees have been constituted. For a better future, Report of the committee on Fata Reforms (RCFR), August 2016, kept the hopes alive. The RCFR is practical manifestation of point 12 of the National Action Plan (NAP). The report suggests a socio-economic recipe instead of military solution alone.

After the USSR’s invasion of Afghanistan and in post 9/11 scenario, Fata primarily remained a source of hard news. Prior to military operations, Fata provided physical and social space to the extremists. In such a deplorable scenario, Fata was perceived as a threat to national and international security.

The Pushtoon culture of hospitality and Islamic brotherhood provided ample space to the guests from Arab and African countries but soon the guests exploited the situation and portrayed themselves as masters. Though the RCFR suggests replacement of the FCR with the Rewaj Act, the question arises as to how in hostile situations would the act protect national interests? We have to rethink and prefer rule of law to Rewaj. Ideally, an effective law is supposed to be derived from customary practices. In case of integration with K-P, two sets of laws will create difficulties for the administrators of the criminal justice system. Hence inclusiveness and an integrated approach is inevitable. The RCFR provides a road map for political empowerment, development and also endorsed that for centuries tribal areas were primarily dealt strategically, hence political development remained the least priority. The report aptly argued that “until 1936 no political reforms were permitted even in K-P”. However, during the last 80 years, K-P exhibited strong political awareness and remained the hub of a number of movements. That wasn’t the case in Fata; though attempts were made to introduce local bodies governance apparatus in 2002 and 2012, owing to administrative constraints and security threats, it remained an elusive goal. The RCFR 2016 also provides a way forward and suggests promulgation of Fata local government regulation within three months, establishment of separate election commission office for Fata and arrangements are to be made for auditing of funds. Undoubtedly installation of local bodies will not only accelerate development but also inculcate democratic passions, hence it will be instrumental in transformation of tribal society into a modern civilised democratic polity.

Presently, Fata is administered through the ministry of SAFRON, Governor K-P, Fata Secretariat and office of chief secretary K-P, thus strong physical presence of a chief executive for an area of 27,220 sq km is inevitable. Availability of drinking water through pipes is only 8.9 per cent, access to flush latrines to 38 per cent, the maternal mortality ratio is 395 per 100,000 and 33.3 per cent literacy rate present a dismal picture, hence socio-economic development are desperately needed. Regarding the future status of Fata, four options were discussed by the Committee on Fata reforms: maintaining the status quo but introducing judicial/administrative reforms and increasing focus on development activities, creating a Fata Council on the pattern of Gilgit-Baltistan, recognition of Fata as a separate province and integrating Fata with K-P. In case of integration, the total area of K-P will increase to 101,741 sq km. Since the population density is very low, the improvement of governance warrants creation of more districts in Fata. It will also increase the present total number of 124 seats in the provincial assembly. To synchronise the administrative fabric the agencies are to be transformed on a par with the standards of districts. If integration did occur, its demographic strength would increase to 32 million, adding strength to the voices for the creation of Hazara province. To tackle law enforcement in the past, different forces like the Frontier Constabulary, Scouts, Militias and Khasadars were formed but such forces primarily remained traditional and symbolic in nature, therefore, providing space for extremists to barge in — leaving military operation to be the only option left. Though the RCFR 2016 recommended the enlistment of 20,000 additional personnel but mere increases in numerical strength may not deliver. The issue of Fata is not the deficiency of manpower alone but rather it’s more an issue of management. If Fata is given the status of a province, it may not generate the required revenue for the administration and in the absence of an organised law-enforcement apparatus backed by an integrated criminal justice system and intelligence, it may confront more acute administrative and security issues. the RCFR 2016 proposed December 31, 2016 as deadline for the return of IDPs, completion of reconstruction by the end of 2018 and drafting of a 10-year development programme by the end of 2016. Apparently, the RCFR seems very ambitious but owing to administrative constraints, it seems difficult. However, a team of honest and dedicated civil servants may convert it into reality. Rehabilitation through Citizen Losses Compensation Programme will enhance the trust of residents of Fata.

Though Fata has deposits of oil, gas and minerals, socio-economic indicators are very low. In North Waziristan alone, 15 blocks of gas had been detected, however, without peace, we cannot achieve dividends from untapped deposits. For the implementation of a 10-year development plan the RCFR suggested an allocation of 3% of the available resources in the federal divisible pool (Rs90 billion) on annual basis, but to remove irritants and ensure allocation of finance requires generosity on the part of the centre and federating units. Thirty per cent of the total allocated amount will be channelled through local bodies. Though it seems alluring, it warrants capacity-building of would-be elected local bodies representatives and functional anti-corruption and auditing apparatus.

Old bodies like the Fata Development Authority must be reorganised, Fata Secretariat must be integrated into the civil secretariat, and new bodies like the “Advisory Council” having parliamentarians from Fata and a Directorate of Transition and Reforms must be established. To ensure its implementation, a reform unit will be established in the Ministry of SAFRON and also at each agency level. The FCR is to be repealed and the Rewaj Act is to be enacted. The concept of “collective responsibility “will be replaced with “individual’s responsibility”. For more than a century, the tribals remained victim of the imperialist discriminatory law and now in the name of Rewaj they are not to be kept in the confines of traditions alone but rather the people of Fata are to be integrated into the mainstream. Though logic pleaded by the RCFR regarding the retention of Jirga system on the pattern of jury system seems appealing, that can be informally retained. The RCFR also desires settlement of land by using Geographic Information System (GIS) on the pattern of Punjab. The RCFC rightly spotted that since “tribesmen were a victim of Britain’s geo-strategic considerations”, hence by bringing reforms Fata may be included into the mainstream.

Fata was not only known for insecurity but also provided ample opportunities to the corrupt to further their ulterior plans. Without an accountability apparatus, anti-corruption transparency cannot be attained. For the representation of Fata, the provincial assembly of K-P has already passed a unanimous resolution in 2012, however to work out its legal, procedural and administrative cost requires extensive work alongside the provincial government.

Mere focus on the security-centric approach will not gain the desired objectives, hence the real test for civil administration will be as to how to retain the gains of military operations. Smooth transition can be attained by a well thought-out transition plan.

Published in The Express Tribune, September 30^th, 2016.

Like Opinion & Editorial on Facebook, follow @ETOpEd on Twitter to receive all updates on all our daily pieces.