
Government should carry out some radical reforms in the Frontier Crimes Regulation (FCR)
SOUTH WAZIRISTAN AGENCY, FATA: Recently, parliamentarians from Fata submitted the Fata Reforms Bill in the National Assembly and demanded the integration of Fata with Khyber-Pakhtunkhawa (K-P). The bill has its supporters, as well as detractors, both from within and outside the tribal areas.
Within Fata, there are three different schools of thought who have their own views on the issue. The first school of thought, which includes representatives of the areas, is in favour of integration of the tribal areas with K-P. The second school of thought demands a separate province for the people of the area and the third school of thought wants an autonomous tribal council. However, the majority of the tribal people are in favour of merging Fata with K-P.
Whatever the demands of the people are, instituting reforms for Fata is not an easy task. Incorporation of Fata into K-P can only be done in a step-by-step manner. At present, the government should carry out some radical reforms in the Frontier Crimes Regulation (FCR). This is something on which all schools of thought are in agreement. Trials under the FCR do not ensure the protection of legal rights of the accused. There is no right to legal representation; to present material evidence or to cross-examine witnesses. The accused have no right of appeal to the Peshawar High Court or the Supreme Court of Pakistan. The government should amend Article 247 of the Constitution and extend the jurisdictions of the superior courts to the area.
There are also some articles in the FCR, which violate the basic human rights of citizens of the area, such as the concept of collective responsibility, not allowing the right of freedom of peaceful assembly and association, freedom of speech and expression, and so on. These reforms will bring peace and prosperity to the tribal areas and citizens will enjoy the same rights as other people in the country. I sincerely hope the government gives this matter serious thought.
Rafiuddin Mehsud
Published in The Express Tribune, November 7th, 2015.
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