FATA’s woes: ‘Civil-military bureaucracy against reforming FCR'

Code has to be humanised by extending equal rights to the people, says Imtiaz Gul

ISLAMABAD: Political agents, bureaucrats and the military are against reforming the Frontier Crimes Regulations (FCR) which governs the Federally Administrated Tribal Areas (Fata), despite the fact that the people have been denied justice and fundamental rights since its enforcement began in 1901.

Centre for Research and Security Studies (CRSS) Executive Director Imtiaz Gul said this while delivering a lecture on “FATA Reforms and Federal Structure of Pakistan: A way forward”, here on Wednesday.

The event was organised by the Pakistan Study Group on Federalism (PSGF) at the National Institute of Historical and Cultural Research (NIHCR), Quaid-i-Azam University, Islamabad.

“The political agent is an uncrowned king and can arrest or detain any person for an indefinite period without any reason under section 8 of the FCR,” Gul said while stressing the need to introduce a local bodies system in the tribal areas to empower locals at grassroots level.

He said that though the majority of people in Fata were practicing Muslims and not fundamentalists, lack of justice and denial of fundamental rights lured them to the fold of the defunct Nafaz-e-Shariat-e-Muhammdi, as they had raised the slogans of giving fundamental rights to the locals.

“Former president Asif Zardari had approved some amendments to the FCR after civil society and rights organisations exerted pressure to bring reforms, however, the amendments have barely been implemented,” Gul said.

“Article 247 of the constitution must be amended [to shift powers from the president to parliament] so that tribal people may be treated equally and with equity,” he said.

Fata is currently under the direct control of the president through the Khyber-Pakhtunkhwa governor, who in turn is represented by a political agent in each agency. This power structure should be disbanded and powers should be delegated to parliament, he said.

Gul said that political agents have immense power in Fata as they simultaneously exercise the role of executive and judiciary. He suggested separating these roles.

“A collective approach of parliament is required to either reform or repeal the draconian law of the FCR which gives absolute powers to the political administration,” he said.

Gul said that women have no rights in Fata and there was no clause on women’s rights in the 63 sections of the FCR. “Section 498-A and B of Pakistan’s Constitution protect women’s rights, but the FCR has no clause to safeguard the rights of women in Fata,” he said.

He also said there is no judicial oversight in Fata as the superior courts have no writ over there. “No legal recourse is available to locals. Jirgas or elders decide everything,” he said.

Published in The Express Tribune, January 22^nd, 2015.