Fata must be given rights

Fata is only under the media limelight when peace talks are discussed or an operation is being considered. There is no talk of reform or empowering the tribal people. This was a valid point raised by ANP Senator Afrasiyab Khattak. But he is not the only one that thinks along these lines; most Pashtuns hold similar views when it comes to Fata.

Even state institutions are oblivious in regard to the real issues being faced by people in the tribal areas. While the Frontier Crimes Regulations (FCR) was imposed here after the British expansion in the second Anglo-Sikh war, it was abolished from the rest of Khyber-Pakhtunkhwa (K-P) when reform was extended to the province following the second round table conference held in London. But long after independence, it still remains enforced in Fata. Last month, the PML-N minister for parliamentary affairs stated in the Senate that the Constitution does not extend to Fata and thus, parliamentarians from the tribal areas have no legislative rights. They must seek prior permission from the president. In addition, one cannot establish a hujra (guesthouse) without the political agent’s (PA) –– called the uncrowned prince of Fata –– permission. The PA, with assistance from his Jirga members –– who he nominates –– also has the right to expel tribesmen from the area.

Because of such clauses embedded in the FCR, thousands of innocent Pakistanis are in jail in Fata and they cannot challenge their sentence in any court, which is a clear violation of basic human rights guaranteed by the Constitution. Fata has no local government system and no MPAs. Interestingly, however, it is under K-P’s administrative control and the Fata Secretariat and its officers are directly appointed and transferred by the K-P chief secretary. Parliamentarians from Fata have raised this point during the standing committee meeting in Islamabad when they summoned the Khyber PA, but to no avail.

From the above mentioned fact, one can argue that if the government wants to end militancy and its fallout, it must reform Fata administratively and all inhumane laws like the FCR must be abolished. Fata must be brought at par with other parts of the country.

Published in The Express Tribune, March 13^th, 2014.