FATA LG system emulates K-P structure

Introduction of fast-track recruitment of local government employees is recommended

PESHAWAR: Prime Minister Shahid Khaqan Abbasi revealed that the government planned to introduce a local body system in the Federal Administered Tribal Areas (Fata) by October 2018.

Addressing the National Assembly on Wednesday, the premier presented an outline of the implementation of local government system in accordance with the recommendations summarised in the Fata Reforms Committee 2016 report – which encouraged civil participation in governance of the tribal areas. He informed the parliament of decisions taken to expedite the mainstreaming of Fata. “We want to ensure that the process is completed within this term as it is a need of the hour.”



The draft, a copy of which is exclusively available with The Express Tribune, sketches a system similar to the local government set-up in Khyber-Pakhtunkhwa. It is pertinent to note that the earlier version crafted in Fata Local Government Regulation 2016 had a striking resemblance to Punjab’s local body system. Considering the proposed merger of Fata with K-P, the move to align local systems is inevitable.

The general recommendations drawn by the government to ensure a functioning LG system include:

Lower tier – village or neighbourhood council to be replaced with union councils - which can be delimited in accordance with the latest census. The change is suggested keeping in view that more than 90 per cent of Fata population lives in rural areas comprising of dispersed hamlets and mountainous terrains making the functioning of neighbourhood council non-existent.

Similarly, the delimitation of village council or neighbourhood council can be a daunting task as tribal boundaries overlap – it may ignite clan rivalries.

Noting that the areas and population of Frontier Regions (FR) equal that of a Union or Tehsil, a three-tier system may not be compatible. Hence the draft proposes to either merge FR with the councils in adjacent districts or agencies or create two-tier system with union and FR councils.



To ensure equal representation and to accommodate small population in some FR areas, the number of general councilors (GC) is recommended to be at least five. Hence decreasing the per GC figure of UCs in Agency (10,000) and FR (2000).

The draft recommends extension of Local Government Act 2013 with the promulgation of Local Government Regulation, 2018. An amendment in Section 9 of the LGR 2018 in case the Pakistan Election Laws Act 2017 is extended to Fata – making delimitation a jurisdiction of the Election Commission of Pakistan (ECP).

Since there is no city government in any of the tribal areas, the function of a city government has been suggested to be merged with those of Agency and FR councils, while the responsibilities of Nazims and UCs under Section 25 clause (2) may also be deleted in view of the limited capacities of the councils.

The Section 24 of the Local Government Act 2018, which states that the number of union council members may be changed in proportion to the size of each union council in the agency, implies that the number of seats will also vary with the population of a union council.

The bylaws, under Section 26 (b), may be enacted to accommodate alternative dispute resolutions or out of court settlement mechanisms while bringing the institution of jirga according to international justice standards.



Recommendations

Keeping in view the literacy rate and lack of experience in political processes, the government has been recommended to first hold two tier elections i.e. tehsil and agency level. This method will simplify voting procedure, allowing newly established institutions to gain a foothold. A gradual approach has been suggested to ensure capacity gaps on all tiers do not rebel against the system. It will also provide ample time to demarcate boundaries of union councils meticulously and avoid mistakes in aggravating inter-tribal disputes.

The Pakistan Elections Laws Act 2017 must be immediately extended to Fata it is suggested, a summary of which has already been moved by the Fata Secretariat.

Coordination between LGE and RD departments has been recommended to align the system with that of K-P – to facilitate it, a committee comprising of Fata Secretariat officials and the LGE&RD department is recommended.

Lastly, introduction of fast track recruitment of local government employees and establishment of a Local Council Board is recommended.

Where the recommendations further the initiative to bring Fata at par with rest of the country, experts have pointed out loopholes that may obstruct the process.

Speaking to The Express Tribune, an official with knowledge of the developments highlighted that the residents of Fata lack experience of grassroots political system since the general electoral process was limited to the National Assembly seats since 1996.

Highlighting that majority of the electorate is illiterate, another source stressed on the need for special communication medium to spread awareness regarding the political process. He pointed out that the tight timeline of elections might also cause hindrance.

A source familiar with the matter pointed out the lack of organisation depth and outreach of mainstream politics. He added that the existing human resource pool of LG employees in Fata was insufficient and lacked capacity to manage an accountable local body system.