Pulse of dawn
Merging Fata with K-P is a great disservice to the aspirations of the people of Fata
The writer is a Barrister of Lincoln’s Inn
“For years these chained and helpless hands have fought the tyranny of night; like a frail straw combating the fury of sea, like a butterfly scaling the heights of mountain; By now this forbidding facade of the night has sustained such deep wounds…;” Faiz Sahib then accentuates audacity of hope: “ …That light is beginning to shine through; And from afar we can hear the pulse of dawn.” Amidst all noise; the report on Fata reforms by the Committee constituted by the Federal Government has arrived as that Pulse of Dawn. But by no means a comprehensive or a conclusive document; we need to treat the report only as a starting point and build on the recommendations made by the Committee to eventually realise the elusive ‘Dawn’.
We cannot reform ourselves unless we stop blaming the colonisers. Despite nearly 70 years of independence, we refuse to nurse colonial hangover. The report states the British by design kept the region “politically under-developed, strife-ridden and under a militarised administration.” And due to the exclusionary policies of the British Raj, the region “displays signs of poor human development and slow political growth”. Not true. Placing the blame on the colonisers is plain dishonesty.
We wrote discrimination into our laws. Under Article 247 of our Constitution no act of Parliament is applicable to Fata. In addition, the jurisdiction of the superior courts to review executive authority or enforce fundamental rights does not extend to Fata. Worse still, the President, under Article 247 of the Constitution exercises powers reminiscent of colonial era. To date, the region continues to be governed by FCR, amended from time to time, that came into force on April 24, 1901. The origins of the law can be traced back to the draconian Murderous Outrages Act, 1867 that was enacted by the colonial masters to counter the opposition of Pashtuns to the British Raj. Through wrong mandates and improper interference of the state; we have practiced a social tyranny more formidable than many kinds of political oppression. Not the British, the state of Pakistan has fettered the development of Fata giving rise to genuine sentiments of abhorrence!
The first step towards meaningful and sustainable reforms is to own up to our criminal neglect. It is an issue of mindset. Mr Saad Rasool in his policy brief “Building Political Capital to Improve Democratic Entitlements in Tribal Regions” has concluded: “Pakistan must summon the courage to accept … the State of Pakistan has treated the Tribal Areas in a discriminatory manner. Interim-measures and empty rhetoric … to ‘phase-in’ democracy and fundamental rights to the people of our Tribal Areas has been nothing more than a convenient excuse... It belies the underlying truth that we have not yet mustered the necessary political resolve to extend the promise of democratic freedoms to this mountainous belt.”
The transition period of five years before recommendations could be acted upon reeks of Churchillian contempt. It is another instance of empty rhetoric to “phase-in democracy”. The people of Fata should be entrusted with decision making now — not five years from now. They should have their say in all matters that pertain to the region including on the issues of peace, return of TDPs and 10 years Development Plan. In addition, implementation is a crucial aspect. It should have oversight of the committee drawn from the elected representatives of locals. Assigning oversight of implementation plan to a civil servant with no involvement of people of Fata would further compound resentment.
Merging Fata with K-P is a great disservice to the aspirations of the people of Fata. Yes “there are already good social, cultural, economic and administrative linkages between both.” But policies cannot be framed only on considerations of administrative convenience nor for underlying parochial currents of Pukhtoon Nationalism that have for long sort unification of Pushto-speaking regions. Such an integration would be another excuse for the state to simply look the other way for another fifty years leaving people of Fata stranded at the periphery. People of Fata would remain dependent, for health, education and commerce on the nearest metropolitan stations in the Frontier Regions. Fata should be given a status of separate province. Such a move both daring and just, can ensure fiscal and administrative autonomy of the region. It would also pave the way for creating more provinces in the country. And we need to stop making archaic excuses for not creating more provinces!
The Committee has also erred in recommending enactment of Rewaj Act. Such an act, in effect, shall create parallel system of adjudication, further scarring our justice system. For the justice project in Pakistan to succeed; it ought to be more consistent and more uniform in its application across board and across regions. An appropriate amendment in the Constitution should be succeeded by proposals of pre-action protocols, case management system and mandatory alternative dispute resolution for small claims or disputes in our procedural laws — that should also be extended to Fata. Importantly, development of a narrative for mainstreaming Fata is in order. Fata should feature as priority in agenda setting with cautiously formulated issues in mainstream media. The state needs to widen the spectrum of acceptable opinion on matters pertaining to Fata and allow informed debates on it. Media can be influential. And it needs to uphold the democratic to principles with regards aspirations of people of Fata rather than undermining them.
Regardless of the report’s inadequacies, we are excited about the development. Perhaps unlike 1990s, 1970s before that and 1960s before that — they mean business now. This time change will be manifest and tangible. Or perhaps like before — we will miss the bus again. And the fools who romanticise today’s Pulse of Dawn too would be condemned to the ghettos, like Manto’s Mangu, crying… “Naya Qanoon! Naya Qanoon!”
Published in The Express Tribune, December 3rd, 2016.
We cannot reform ourselves unless we stop blaming the colonisers. Despite nearly 70 years of independence, we refuse to nurse colonial hangover. The report states the British by design kept the region “politically under-developed, strife-ridden and under a militarised administration.” And due to the exclusionary policies of the British Raj, the region “displays signs of poor human development and slow political growth”. Not true. Placing the blame on the colonisers is plain dishonesty.
We wrote discrimination into our laws. Under Article 247 of our Constitution no act of Parliament is applicable to Fata. In addition, the jurisdiction of the superior courts to review executive authority or enforce fundamental rights does not extend to Fata. Worse still, the President, under Article 247 of the Constitution exercises powers reminiscent of colonial era. To date, the region continues to be governed by FCR, amended from time to time, that came into force on April 24, 1901. The origins of the law can be traced back to the draconian Murderous Outrages Act, 1867 that was enacted by the colonial masters to counter the opposition of Pashtuns to the British Raj. Through wrong mandates and improper interference of the state; we have practiced a social tyranny more formidable than many kinds of political oppression. Not the British, the state of Pakistan has fettered the development of Fata giving rise to genuine sentiments of abhorrence!
The first step towards meaningful and sustainable reforms is to own up to our criminal neglect. It is an issue of mindset. Mr Saad Rasool in his policy brief “Building Political Capital to Improve Democratic Entitlements in Tribal Regions” has concluded: “Pakistan must summon the courage to accept … the State of Pakistan has treated the Tribal Areas in a discriminatory manner. Interim-measures and empty rhetoric … to ‘phase-in’ democracy and fundamental rights to the people of our Tribal Areas has been nothing more than a convenient excuse... It belies the underlying truth that we have not yet mustered the necessary political resolve to extend the promise of democratic freedoms to this mountainous belt.”
The transition period of five years before recommendations could be acted upon reeks of Churchillian contempt. It is another instance of empty rhetoric to “phase-in democracy”. The people of Fata should be entrusted with decision making now — not five years from now. They should have their say in all matters that pertain to the region including on the issues of peace, return of TDPs and 10 years Development Plan. In addition, implementation is a crucial aspect. It should have oversight of the committee drawn from the elected representatives of locals. Assigning oversight of implementation plan to a civil servant with no involvement of people of Fata would further compound resentment.
Merging Fata with K-P is a great disservice to the aspirations of the people of Fata. Yes “there are already good social, cultural, economic and administrative linkages between both.” But policies cannot be framed only on considerations of administrative convenience nor for underlying parochial currents of Pukhtoon Nationalism that have for long sort unification of Pushto-speaking regions. Such an integration would be another excuse for the state to simply look the other way for another fifty years leaving people of Fata stranded at the periphery. People of Fata would remain dependent, for health, education and commerce on the nearest metropolitan stations in the Frontier Regions. Fata should be given a status of separate province. Such a move both daring and just, can ensure fiscal and administrative autonomy of the region. It would also pave the way for creating more provinces in the country. And we need to stop making archaic excuses for not creating more provinces!
The Committee has also erred in recommending enactment of Rewaj Act. Such an act, in effect, shall create parallel system of adjudication, further scarring our justice system. For the justice project in Pakistan to succeed; it ought to be more consistent and more uniform in its application across board and across regions. An appropriate amendment in the Constitution should be succeeded by proposals of pre-action protocols, case management system and mandatory alternative dispute resolution for small claims or disputes in our procedural laws — that should also be extended to Fata. Importantly, development of a narrative for mainstreaming Fata is in order. Fata should feature as priority in agenda setting with cautiously formulated issues in mainstream media. The state needs to widen the spectrum of acceptable opinion on matters pertaining to Fata and allow informed debates on it. Media can be influential. And it needs to uphold the democratic to principles with regards aspirations of people of Fata rather than undermining them.
Regardless of the report’s inadequacies, we are excited about the development. Perhaps unlike 1990s, 1970s before that and 1960s before that — they mean business now. This time change will be manifest and tangible. Or perhaps like before — we will miss the bus again. And the fools who romanticise today’s Pulse of Dawn too would be condemned to the ghettos, like Manto’s Mangu, crying… “Naya Qanoon! Naya Qanoon!”
Published in The Express Tribune, December 3rd, 2016.