Laws for FATA
It is only by formulating new laws that the problems of Fata can be addressed.
Who can decide for the Federally Administered Tribal Areas (FATA), after all? Two clauses of Article 247 in the constitution of Pakistan make it clear that neither Parliament, nor the Supreme Court or the high courts have the right to interfere in Fata. The constitution makes it amply clear that no laws put forth by the Majlis-e-Shura shall apply to Fata, unless the President so directs.
Moreover, it is clearly stated that neither the Supreme Court nor a high court shall exercise any jurisdiction under the constitution in relation to a tribal area.
Fata was part of the NWFP (now Khyber-Pakhtunkhwa) after the province was chalked out in 1901 and was ruled under the Frontier Crimes Regulation since then. Although the NWFP (Khyber-Pakhtunkhwa) got status of province in 1932, Fata was kept away from constitutional reforms. After gaining independence in 1947, Fata’s status did not change despite the fact the 1956, 1962 and 1973 constitutions came and went.
Many political and non-political leaders have raised voice for Fata’s rights and claimed that they will change the status quo. However, when leaders assume power, they forget the promises made to Fata. As of now, there are many political and non-political bodies that are organising seminars, talks and media programmes to allow for reforms and a change in the status quo, but practically, there is no such progress on ground.
The only way to change the status quo is to bring changes in the clause listed above, which can only be done through parliament. This is clearly the job of Fata parliamentarians and the political parties who have representation from the tribal areas. However, a look at Fata’s parliamentary history makes it clear that both Fata parliamentarians and political parties have little concern for constitutional reforms in Fata.
It is only by formulating new laws that the problems of Fata can be addressed. It is high time that Fata, which is very much a part of Pakistan, was included within the letter of the Pakistani constitution.
Published in The Express Tribune, March 20th, 2014.
Moreover, it is clearly stated that neither the Supreme Court nor a high court shall exercise any jurisdiction under the constitution in relation to a tribal area.
Fata was part of the NWFP (now Khyber-Pakhtunkhwa) after the province was chalked out in 1901 and was ruled under the Frontier Crimes Regulation since then. Although the NWFP (Khyber-Pakhtunkhwa) got status of province in 1932, Fata was kept away from constitutional reforms. After gaining independence in 1947, Fata’s status did not change despite the fact the 1956, 1962 and 1973 constitutions came and went.
Many political and non-political leaders have raised voice for Fata’s rights and claimed that they will change the status quo. However, when leaders assume power, they forget the promises made to Fata. As of now, there are many political and non-political bodies that are organising seminars, talks and media programmes to allow for reforms and a change in the status quo, but practically, there is no such progress on ground.
The only way to change the status quo is to bring changes in the clause listed above, which can only be done through parliament. This is clearly the job of Fata parliamentarians and the political parties who have representation from the tribal areas. However, a look at Fata’s parliamentary history makes it clear that both Fata parliamentarians and political parties have little concern for constitutional reforms in Fata.
It is only by formulating new laws that the problems of Fata can be addressed. It is high time that Fata, which is very much a part of Pakistan, was included within the letter of the Pakistani constitution.
Published in The Express Tribune, March 20th, 2014.