Legal-administrative vacuum in tribal areas

The unprecedented terrorism in the last 14 years destroyed the state apparatus

The unprecedented terrorism in the last 14 years unleashed by the proscribed terrorist outfit, the TTP, and its foreign affiliates like al Qaeda comprehensively shook and shattered the erstwhile Fata region and its inhabitants. Whatever minuscule state apparatus was extant in Fata evaporated due to terrorism and militancy. However, after the successful military operations against the local and international terrorist groups in the former Fata, the region got some stability but was far from being a normal functioning part of the country. The previous government of the PML-N along with all leading political parties, including the PPP and the present ruling PTI, together changed the Constitution to merge the erstwhile Fata with K-P.

At the same time numerous challenges and issues have emerged. Sensing the challenges were indeed huge owing to the resultant legal-administrative vacuum, which emerged after the defunct Fata’s merger with K-P, the government enacted the Fata Interim Regulatory Framework. The interim arrangement replaced the British colonial-period Frontier Crimes Regulation. At present the former Fata is being governed through this provisional legal order.

Regarding the erstwhile Fata today the far more important question is not its integration but putting in place normal and self-sustaining governing structures there. Within that context the most important strategy is the holding of local government elections and also that of 16 provincial assembly seats, which would likely take place in March next year. The LG elections in Fata were promised by the previous PML-N government to be held by October this year. The present PTI government is fully committed to the promise but certain snags have hit the plan.

Prime Minister Imran Khan now wants to come up with a uniform LG system in the country. He has also instructed the departments concerned to hold the LG elections in K-P and former Fata together. While PM Khan desires to have a uniform LG system in entire Pakistan, it requires constitutional changes as presently every province is empowered to have a LG system of its choice. However, making constitutional amendments to bring a uniform LG system is not possible for the PTI’s weak federal government. Against this backdrop holding municipal elections in the former Fata in the immediate future is not possible while the region direly needs so. The PTI government and PM Khan have to come up with a prompt solution.

The TTP, al Qaeda, other local and international terrorist organisations and individuals find extremely conducive environment in former Fata to make the region their base for regional insurgency and international terrorism in the name of Islam. All these negative developments in Fata have their roots in the long-existing political and legal vacuum in these areas, specifically due to the absence of LG structures. Resultantly, the establishment of state writ in the region remained a far cry while it could not at all be developed while the provision of fundamental needs of the people could not be ensured.

Profound social, political and economic changes have occurred over decades particularly in the 21^st century, and the legal and administrative structure of the former Fata could not respond to the complex problems and needs of the growing population. This slowly and gradually made the existing administrative apparatus redundant which eroded whatever little state writ they had there. Local, national and international terrorist and militant groups took full advantage of the situation and cultivated their bases in the region. Criminal gangs like kidnappers and extortionists also use the territory for their activities. There had been little, if any, realisation within Pakistan’s policymaking institutions regarding formulating a new administrative system for the region. There was no serious effort to introduce a LG or municipal councils system in Fata to provide a rudimentary modern system of administration. Today the way forward is to formulate a LG system immediately in the region otherwise problems would exacerbate.

Published in The Express Tribune, October 25^th, 2018.

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