Time to repeal the FCR

Its time the present government took steps to bring change in lives of tribal people, bring them to mainstream.

The world recently commemorated human rights day (December 10) to reaffirm the commitment for a just and peaceful world where the rights of all should be protected. In Pakistan, there was nothing much to celebrate except for narrating the names of human rights conventions and treaties ratified by the government. There was little mention of implementation. One can highlight many different types of systematic human rights abuses in the motherland, but I would like to focus on the notorious Frontier Crimes Regulation (FCR) with a request to dedicate this year's human rights day to those innocent people who had to spend years in prisons under the collective responsibility clause of the FCR.

The FCR has been declared a black law and in total contradiction with constitution and international human rights laws by national and international human rights activists and organisations. The prime minister and the president of the country promised to abolish the law, or bring changes to it, but they have not been able to do so despite almost three years in their respective offices. It was also a part of the terms of reference of the 18th Constitutional Amendment Committee to look into this issue. Unfortunately, the 18th Constitutional Amendment is silent on the issue of bringing any reforms in Fata.

The Constitution says that Fata is a part of Pakistan but the reality is that because of the FCR, its inhabitants are not treated like other citizens of the country. This is also in large part due to Article 247 of the Constitution which restricts the operation of Pakistani laws in these areas and bars the courts from exercising their jurisdiction.

The recent appeal of Ms Aasia, who has been detained along with her three young children, and Ms Gulalai, who has been detained with her two daughters, against their conviction under the collective responsibility clause of the FCR in Peshawar High Court, once again reminds the government and the civil society about the blatant misuse of the FCR.

Under Article 247(7) of the Constitution, these offenders have no right to move the superior courts against their sentences. The superior courts have ruled in various cases that they have no jurisdiction to entertain cases under the FCR. Under the FCR, an appeal can only be filed before the concerned commissioner whose orders can be challenged through a petition before the FCR tribunal. The tribunal comprises of the provincial home secretary and the law secretary. In case of a difference of opinion between the two, the case has to be referred to the chief secretary.

Most offenders arrested under the FCR end up in prisons without any appeals being heard, since poor families can’t afford to take numerous trips to the offices. The government, the parliament including the elected representatives of Fata, and the civil society need to sit together and find solutions to these problems. The fate of the FCR should be decided according to the wishes of the people of the tribal areas and in adherence to Pakistan’s international commitments without any further unnecessary delay.

It is high time that the present elected government take solid steps to bring positive change in the lives of the people of the tribal areas and bring them into the mainstream. Draconian laws like the FCR need to be done away with.

Published in The Express Tribune, December 28^th, 2010.