FATA Reforms News Update (July-September 2013)

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1 FATA Reforms News and Stakeholders July-September 2013 Table of Contents Journalists demand right to information in FATA ................................................................................................ 2 Appeal to extend youth development scheme to FATA ...................................................................................... 2 Civil society calls for new FATA legal status (video) ........................................................................................... 2 President Mamnoon calls for FATA mainstreaming ............................................................................................ 3 FATA women empowerment urged at seminar ................................................................................................... 3 Bajaur parties threaten protest for LG polls in FATA .......................................................................................... 4 Government asked to hold FATA and KP local elections on party basis ............................................................ 5 Federal ombudsman powers extended to FATA ................................................................................................. 6 Imran Khan for Mandela-style reconciliation in FATA ......................................................................................... 6 JI leader suggests local body elections in FATA ................................................................................................ 7 High Court questions arrest of tribesman under FCR ......................................................................................... 8 Reforms package for FATA coming soon says PML-N MNA Shahabuddin Khan .............................................. 8 Azmat Hanif Orakzai backs extension of Right to Information Law to FATA ...................................................... 9 University of Peshawar holds National Conference on FATA ............................................................................. 9 FATA lawyers demand Supreme Court reach be extended to tribal areas ....................................................... 10 Shakil Afridi case exposes flaws in FATA judicial system ................................................................................ 10 Bajaur PkMAP urges FATA reforms implementation ........................................................................................ 12 Government asked to extend Supreme Court to FATA .................................................................................... 12 FATA parliamentarians agree to amend Article 247 ......................................................................................... 13 KP governor directs inception of FATA Youth Assembly .................................................................................. 13 Higher Education Commission asks to double FATA quota at universities ....................................................... 14 Ex-servicemen want local body elections in FATA ........................................................................................... 14 Bajaur political leaders resolved to secure basic rights .................................................................................... 14 PM Nawaz Sharif urges FATA mainstreaming .................................................................................................. 15 Local body elections demanded in tribal areas ................................................................................................. 15 FATA Democratic Movement, a new voice for reforms ..................................................................................... 15 High Court issues notices to Mohmand and Khyber political agents ................................................................ 16 Khyber Political Agent accused of bias against tribal journalists ...................................................................... 17 Supreme Court says laws must extend to FATA .............................................................................................. 17 Zardari sends new reforms memorandum to PM .............................................................................................. 18 FATA citizens demand local government elections .......................................................................................... 18 Political parties discuss FATA reforms priorities ............................................................................................... 19 FATA reforms Jirga seeks equal rights ............................................................................................................. 20 EU recommends FATA constitutional reforms .................................................................................................. 20 FATA women demand more representation in reform agenda ......................................................................... 24 Zigzag moves on FATA (I.A. Rehman) ............................................................................................................. 24 Political Reforms in FATA (Amir Abbas Turi) .................................................................................................... 26 Learning from the past and looking forward in FATA (Raza Shah Khan) ......................................................... 26 ICG recommends constitutional amendment for FATA ..................................................................................... 27 Supreme Court Bar Association FATA Resolution ............................................................................................ 30 Corruption stops real reform for tribal people ................................................................................................... 30 Zar Ali Khan FATA reforms recommendations ................................................................................................. 31 Reforms needed for FATA development (Muhammad Shahid Battani) ............................................................ 32 FATA still denied human rights two years after 2011 reforms (Ibrahim Shinwari) ............................................ 35 Useless representation for FATA (Khan Zeb Burki) .......................................................................................... 37 FATA students voice reforms demands ............................................................................................................ 38 Tribal citizens aspiring for equality (GQ Khan) ................................................................................................. 39 Rights for FATA and the need for legislation (Nizamuddin Khan) ..................................................................... 43

description

This 44-page document contains a large assortment of opinion and articles regarding recommendations for further reforms in Pakistan's Federally Administered Tribal Areas (FATA) from three months ending September 2013. --- Reforms recommended include abolishing the Frontier Crimes Regulation (FCR), many calls for extending a local government system to FATA, amending Article 247 of the Constitution of Pakistan and others.

Transcript of FATA Reforms News Update (July-September 2013)

Page 1: FATA Reforms News Update (July-September 2013)

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FATA Reforms News and Stakeholders July-September 2013

Table of Contents Journalists demand right to information in FATA ................................................................................................ 2

Appeal to extend youth development scheme to FATA ...................................................................................... 2

Civil society calls for new FATA legal status (video) ........................................................................................... 2

President Mamnoon calls for FATA mainstreaming ............................................................................................ 3

FATA women empowerment urged at seminar ................................................................................................... 3

Bajaur parties threaten protest for LG polls in FATA .......................................................................................... 4

Government asked to hold FATA and KP local elections on party basis ............................................................ 5

Federal ombudsman powers extended to FATA ................................................................................................. 6

Imran Khan for Mandela-style reconciliation in FATA ......................................................................................... 6

JI leader suggests local body elections in FATA ................................................................................................ 7

High Court questions arrest of tribesman under FCR ......................................................................................... 8

Reforms package for FATA coming soon says PML-N MNA Shahabuddin Khan .............................................. 8

Azmat Hanif Orakzai backs extension of Right to Information Law to FATA ...................................................... 9

University of Peshawar holds National Conference on FATA ............................................................................. 9

FATA lawyers demand Supreme Court reach be extended to tribal areas ....................................................... 10

Shakil Afridi case exposes flaws in FATA judicial system ................................................................................ 10

Bajaur PkMAP urges FATA reforms implementation ........................................................................................ 12

Government asked to extend Supreme Court to FATA .................................................................................... 12

FATA parliamentarians agree to amend Article 247 ......................................................................................... 13

KP governor directs inception of FATA Youth Assembly .................................................................................. 13

Higher Education Commission asks to double FATA quota at universities ....................................................... 14

Ex-servicemen want local body elections in FATA ........................................................................................... 14

Bajaur political leaders resolved to secure basic rights .................................................................................... 14

PM Nawaz Sharif urges FATA mainstreaming .................................................................................................. 15

Local body elections demanded in tribal areas ................................................................................................. 15

FATA Democratic Movement, a new voice for reforms ..................................................................................... 15

High Court issues notices to Mohmand and Khyber political agents ................................................................ 16

Khyber Political Agent accused of bias against tribal journalists ...................................................................... 17

Supreme Court says laws must extend to FATA .............................................................................................. 17

Zardari sends new reforms memorandum to PM .............................................................................................. 18

FATA citizens demand local government elections .......................................................................................... 18

Political parties discuss FATA reforms priorities ............................................................................................... 19

FATA reforms Jirga seeks equal rights ............................................................................................................. 20

EU recommends FATA constitutional reforms .................................................................................................. 20

FATA women demand more representation in reform agenda ......................................................................... 24

Zigzag moves on FATA (I.A. Rehman) ............................................................................................................. 24

Political Reforms in FATA (Amir Abbas Turi) .................................................................................................... 26

Learning from the past and looking forward in FATA (Raza Shah Khan) ......................................................... 26

ICG recommends constitutional amendment for FATA ..................................................................................... 27

Supreme Court Bar Association FATA Resolution ............................................................................................ 30

Corruption stops real reform for tribal people ................................................................................................... 30

Zar Ali Khan FATA reforms recommendations ................................................................................................. 31

Reforms needed for FATA development (Muhammad Shahid Battani) ............................................................ 32

FATA still denied human rights two years after 2011 reforms (Ibrahim Shinwari) ............................................ 35

Useless representation for FATA (Khan Zeb Burki) .......................................................................................... 37

FATA students voice reforms demands ............................................................................................................ 38

Tribal citizens aspiring for equality (GQ Khan) ................................................................................................. 39

Rights for FATA and the need for legislation (Nizamuddin Khan) ..................................................................... 43

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Journalists demand right to

information in FATA PESHAWAR: Journalists on Friday demanded the

Right to Information (RTI) Ordinance, 2013 be

extended to the Federally Administered Tribal Areas

(Fata).

They made the demand at an event organised by

the Development, Environment, Legal Aid,

Technical Support and Advocacy Association

(DELTA) in collaboration with the National Research

and Development Foundation (NRDF) under

USAID.

Strategies to eradicate corruption from society and

raise public awareness against it were also

discussed. Journalists contended they should be

allowed to attend meetings of standing and public

funds committees of the provincial assembly.

They also suggested that reporters covering both

national and provincial assemblies must become

part of the information committee.

DELTA President Naazlee Sardar lauded the RTI

bill, saying the ordinance is as good as the one

enacted in Serbia, which is currently ranked number

one in RTI ratings worldwide. “DELTA is reviewing

the bill and will suggest improvements to legislators

before it is enacted,” she added.

The overall ordinance is commendable considering

information can be requested through email free of

cost for up to 20 pages, said Sardar. She also

briefed participants on advocacy programmes,

including district level conferences, citizens’ group

meetings, radio programmes and other interactive

sessions being undertaken by her organisation.

DELTA is currently implementing a Strengthening

Citizens Voice through Advocacy (SCVA) project in

Swabi, Mardan, Peshawar, Nowshera and

Charsadda districts.

SCVA aims to improve engagement between

citizens and the government to promote good

governance by giving them a voice and

strengthening public accountability.

Source: http://tribune.com.pk/story/610360/improvin

g-accountability-journalists-demand-extension-of-rti-

to-fata/

Appeal to extend youth

development scheme to FATA

BAJAUR AGENCY: Lawmakers and tribal elders of

Bajaur Agency welcomed development schemes by

Prime Minister Nawaz Shairf of Rs 20 billion for

youth in the country and urged the government to

extend the schemes to the tribal areas.

MNA Haji Bismillah Khan‚ Senator Hidayat Khan

and elders Malik Sultan Zeb Khan, Malik Ayaz Khan

and Malik Abdul Aziz told the reporters that the

youth development schemes announced by the

prime minister are the need of the hour as they

would help to create better job opportunities for the

youth and also contribute in improving the socio-

economic condition of Pakistan.

They demanded that the schemes should be

extended to the militancy-hit tribal areas, where the

youth is countering with the issue of joblessness.

The lawmakers and elders said that development

schemes by the government in the tribal areas are

very important for the rehabilitation of basic facilities

and restoration of economic activities.

They said they are hopeful that the prime minister

would not only extend the development schemes to

the youth of tribal areas but would also announce

special development program for the entire tribal

areas.

Source: http://frc.com.pk/news/appeal-for-

extending-youth-development-scheme-to-tribal-

areas

Civil society calls for new FATA

legal status (video)

A seminar on FATA terrorism and its solutions was

held by the Vision 21 Foundation in Marriott hotel on

September 1, 2013. The seminar was attended by

politicians from various parties including PTI and

JUI-F, civil society representatives and

analysts including ambassador Ayaz Wazir, Brig.

Shah Mehmood and Brig. Said Nazir and media

personalities such as Saleem Safi. Two FATA

MNAs Mr. Qaisar Jamal and Mr. Shahryar Afridi

also participated in the seminar.

The seminar was opened by the director of Vision

21, Dr. Azhar Aslam, who explained that Vision 21

had taken the initiative to hold such a seminar on

the behalf of civil society because of the lethargy

and near in action of the present government, which

has yet to announce a clear-cut policy direction of

how to combat the menace of terrorism in the

country.

He further elaborated that Vision 21 had written a

policy paper in this matter proposing a

comprehensive solution for this problem.

One of the fundamental solutions is to change the

legal status of FATA and make it into a province.

The participants were asked to agree or disagree

with this proposal or make any alternative

proposals. There was a lively discussion and debate

and several civil society representatives and

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students also took part in this debate and asked

various questions from the delegates.

The final recommendations that came out of

seminar and had consensus are as follows:

1. The first step for the restoration of peace is

negotiation but these negotiations should have

the prerequisites below as part of the package.

2. Negotiations must take place within the

parameters of the Constitution of Pakistan which

is a red line that must not be crossed.

3. Negotiations must be accompanied with a

package which includes regularising the legal

status of FATA and implementing a sound

governance structure.

4. The new governance structure for FATA must

include the local bodies system, provision of

economic generation, and job opportunities.

5. Local people in the tribal areas should be given

opportunity to govern themselves. Without this

there will be no peace.

6. The agreement should provide the provision of

security to all those who lay down their weapons

and become a part of mainstream society after

rehabilitation.

7. Negotiations should take place with the spirit of

reconciliation and forgiveness.

8. Militants of TTP should be clearly asked to

dissociate themselves from the sectarian and

foreign elements.

9. The negotiation package must also carry with it

the determination to use limited, focused and

precise use of force against those who still

refuse to become part of the mainstream

process after the package given above and want

to continue fighting for various other reasons.

Photos: https://www.facebook.com/shaista.kazmi/m

edia_set?set=a.10202067547753491.1073741829.

1330904124&type=1

President Mamnoon calls for

FATA mainstreaming

ISLAMABAD: President Mamnoon Hussain on

Monday said the government attaches top priority to

the socio-economic and political development of

FATA and would take all possible measures to bring

the people of tribal areas into national mainstream.

The President stated this while chairing a meeting,

where he was given briefing on the status of law

and order and development in FATA, here at the

Aiwan-e-Sadr.

Additional Chief Secretary FATA, Arbab Muhammad

Arif gave a detailed briefing on the status of law and

order situation, developmental projects, educational

activities and creation of employment opportunities

for youth in the area and the progress on

implementation of various reforms in FATA.

The meeting was attended by Governor Khyber

Pakhtunkhwa Engineer Shaukatullah, Chief

Secretary Khyber Pakhtunkhwa Muhammad

Shehzad Arbab, and Secretary SAFRON Amjad

Nazir, Secretary to the President Himayatullah Khan

and Additional Secretary Ahmed Farooq.

Source: http://www.app.com.pk/en_/index.php?optio

n=com_content&task=view&id=239230&Itemid=2

FATA women empowerment

urged at seminar

KHAR: Speakers at a seminar on Friday called for

protecting women’s rights in the tribal areas, saying

women empowerment is vital for the progress and

prosperity of the region.

Fata Secretariat’s Special Support Project

organised the seminar, the first ever in the tribal

areas on women’s rights, at Government Girls’

College here in collaboration with United State

Agency for International Development (USAID). A

large number of female students and teachers from

various educational institutions, women activists,

senior officials of the local administration and SSP

participated in the seminar.

The speakers highlighted issues related to women’s

rights with regard to participation in the progress of

tribal areas and said women empowerment was

essential for the development and prosperity of the

tribal areas.

They said recognition of the women’s rights

according to Islam and giving them respect were the

need of the hour.

The speakers said women made over 51 per cent of

the population and the tribal areas couldn’t progress

without involving them in social life and bringing

them into mainstream.

They expressed concern over the increased

violence against women in the tribal areas and

urged the administration, civil society and political

and religious parties to take serious notice of the

issue and create public awareness of violence

against women.

The speakers said the growing incidence of violence

against women was a matter of concern for the

women of the entire tribal areas and the government

should make serious efforts to protect the rights of

women and girls in Fata.

They expressed concern over lack of female

education facilities in the tribal areas and criticised

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the government and the tribal lawmakers for doing

nothing for the promotion of female education in

Fata.

The speakers asked the government to take serious

steps for the improvement of women’s education in

the tribal areas and establish the new girls’ schools

and colleges in all over the tribal areas.

They also urged the government and the local

administration to make functional the female

vocational centres and should set up more centres

across the agency.

Meanwhile, Bajaur Agency Additional Political Agent

Imran Hameed Sheikh on Thursday said the local

administration was taking all possible measures for

the people’s welfare in the militancy-hit areas.

He was speaking at a ceremony organised to

inaugurate the ‘Rural Livelihood and Community

Infrastructure Project (RLCIP)’ under the Multi-

Donor Trust Funds held at Billot area of Mamond

tehsil.

The additional political agent said the administration

was aware of the local residents’ problems caused

by militancy and military operation, which had badly

affected the natural resources, basic facilities and

infrastructure.

“We are striving to ensure early provision of basic

facilities to the people, while a number of schemes

of rehabilitation have been initiated in the region,”

he said.

Source: http://dawn.com/news/1044352

Bajaur parties threaten protest

for LG polls in FATA

KHAR: Speakers at a seminar here on Sunday

threatened to launch a protest movement if

government didn’t announce local bodies’ elections

in Federally Administered Tribal Areas within the

next two weeks.

The seminar titled ‘Democratic process in tribal

areas’ was organised by All Bajaur Political Parties

Alliance that was attended by local leaders of

various political and religious parties, members of

civil society and tribal elders.

All Bajaur Political Parties Alliance president

Maulana Abdur Rasheed, Pakistan Muslim League-

Nawaz leader Haji Rahat Yousaf, Maulana Mustfa

of Jamiat Ulema-i-Islam, Aurangzeb of Pakistan

People’s Party, Gul Dad Khan of Pakistan Tehreek-

i-Insaf and Sardar Khan of Jamaat-i-Islami

addressed the seminar.

They said that democracy was the best system of

governing as it could provide basic civic facilities

and fundamental rights to all citizens.

“Democracy is the guarantee of equal rights to all

humans and it is essential for the protection of rights

of common man,” they said.

The speakers said that imposition of Frontier Crimes

Regulation, absence of constitutional rights and lack

of proper justice system were main hurdles in the

development of tribal areas. They added that people

of tribal areas couldn’t make progress till

constitutional rights and basic civic facilities were

not provided to them.

The speakers said that according to Constitution of

Pakistan tribal areas were part of the country but

residents of Fata were deprived of the fundamental

rights.

“The tribesmen are the most peaceful and patriotic

citizens of the country as they have always

rendered great sacrifices for the country but so far

no ruler is ready to provide equal rights to them,”

they added.

The speakers urged the government to take serious

steps to ensure provision of fundamental rights and

basic civic facilities to the tribal people.

They demanded of the federal government and the

president of the country to speed up efforts for

strengthening democratic process in the tribal

areas.

“Strengthening democratic process and bringing

meaningful reforms in the current tribal system are

needs of the time because these are vital for

promotion of peace and development of tribal

areas,” they said.

The speakers demanded of the president to

introduce local governments system in the tribal

areas.

They said that the local bodies system was vital for

provision of basic facilities to tribal people.

The speakers said that All Bajaur Political Parties

Alliance would launch protest movement if

government didn’t announce local bodies’ elections

in Fata within the next two weeks.

Source: http://www.dawn.com/news/1043246/bajaur

-parties-threaten-protest-for-lg-polls

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Government asked to hold

FATA and KP local elections on

party basis

PESHAWAR: Various civil society organisations on

Wednesday demanded local government elections

on party basis at all levels in the province except for

village councils.

They also urged the provincial government to hold

local body elections in the Federally Administered

Tribal Areas.

CSOs and participants at a series of consultative

meetings suggest local body elections in Khyber

Pakhtunkhwa and FATA be held on party basis.

The demands were made during a joint news

conference here at Peshawar Press Club.

Representative of the Umar Asghar Khan

Foundation Rashida Dohad urged the government

to share the draft amended local body bill with the

relevant stakeholders to address their concerns

before its tabling in the provincial assembly.

She said the government should take the civil

society organisations and other stakeholders before

tabling the draft bill in the assembly so that to

remove the loopholes and make it useful for the

people of the province.

Ms Rashida demanded of the government to

incorporate all recommendations and proposals

given by the social society organisations in the draft

local government bill, which would make the system

more effective and address the issues of the people

on their doorstep.

Accompanied by Mukhtar Bacha of Amn Tehreek,

Maryam Bibi of Khwendo Kor, Professor Sarfraz of

Area Study Centre at Peshawar University and

trade unionist Gul Rehman, she said the proposals

had been drafted during four roundtable meetings

held in different divisions of the province.

The representative of the Umar Asghar Khan

Foundation said in this connection, her organisation

had arranged consultative conferences in

Peshawar, Hazara, Malakand, and DI Khan to get

input and proposals from the people of different

walks of life about the provincial government’s plan

and strategy about the local body elections in the

province.

She said mostly participations at series of the

consultative meetings had suggested that the local

body elections in Khyber Pakhtunkhwa and Fata be

held on party basis.

Ms Rashida said it was also proposed to allocate 33

per cent seats quota for women, 10 per cent for

youth, five percent each for labourers, farmers and

minorities.

“There is a need for establishing the directorate of

election for local bodies polls at all levels, while the

elections should be held on party basis at district,

tehsil and provincial levels except for village

councils, and the law against floor crossing should

be implemented in letter and spirit,” she said.

The representative of the Umar Asghar Khan

Foundation said there should be autonomous three-

categories at village, tehsil, and district levels,

wherein all required administrative setup and

support should be ensured.

She said to keep transparency and fairness in

distribution of funds, a provincial finance

commission should be constituted on the pattern of

National Finance Commission, while the

establishment of District Finance Commission and

Implementation would be the responsibility of

elected members of the provincial assembly and

their monitoring.

Ms Rashida suggested that the involvement of

members of provincial assembly in district level

development projects be restricted, while two

members from ruling and opposition be nominated

for the district finance commission.

She said the district ombudsmen system should be

strengthened to address weakness and irritants in

the local government system.

The representative of the Umar Asghar Khan

Foundation said a local government commission

headed by the minister of local government needed

to be established to resolve financial matters of local

bodies.

She said the members of parliament should focus

on legislation and all other matters relating to

development, health, education and cleanliness

should be supervised by the local body

representatives.

Source: http://www.dawn.com/news/1042323/govt-

asked-to-hold-lg-polls-on-party-basis

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Federal ombudsman powers

extended to FATA

PESHAWAR: The long-standing demand of tribal

people was met on Monday as the powers of federal

ombudsman were extended to the Federally

Administered Tribal Areas (Fata).

The notification to this effect has been issued by the

Ministry of States and Frontier Regions (Safron).

The decision would bring Fata under the jurisdiction

of higher judiciary for the first time in the country’s

history.

It is pertinent to mention here that 30 years after

establishment of the office of federal ombudsman its

jurisdiction was extended to Fata. Under the new

system tribesmen would be able to approach the

office of federal ombudsman against Fata

Secretariat and its subsidiary organisations working

under it.

Source: http://www.dawn.com/news/1041826/federa

l-ombudsmans-powers-extended-to-fata

What does the ombudsman do?

The Federal Ombudsman resolves complaints and

provides relief to the public by carrying out

independent investigations into complaints about

‘maladministration ‘ in any Federal Government

agency (including the FATA Secretariat and the

political administration in the tribal areas).

They work to put things right and share lessons

learned and help improve public services as a

result. Their independent complaints handling

service is free and open to everyone.

How does the ombudsman help?

The Federal Ombudsman aims to redress public

grievances as fairly and quickly as they can, after

examining all facts. If they think the agency you are

complaining about has already treated you fairly,

they will inform you.

If they determine that the agency has acted wrongly,

they will recommend the agency to put things right

for you. This can include recommendations that

relief may be extended to you as per the provisions

in the law.

How can you register a complaint?

Click here to register a complaint with the Federal

Ombudsman. Click here for more information on

registering complaints.

If these links do not work and for more information,

visit the Federal Ombudsman

website: http://www.mohtasib.gov.pk/

Ombudsman Offices

Islamabad

Mr. M. Salman Faruqui, NI

Wafaqi Mohtasib (Ombudsman) Secretariat,

36, Constituation Avenue, G-5/1, Opposite Supreme

Court of Pakistan

Islamabad – Pakistan

Tele: 92-51-921-7200, 921-7201

Fax: 92-51-921-7224

E-mail: [email protected]

Website: http://www.mohtasib.gov.pk

Dera Ismail Khan

H.No. 3/H, Survey No. 178, Qasim Road Cantt,

Dera Ismail Khan

Fax: 0966-9280256

Tele: 0966-9280347

E-mail: [email protected]

Mr. Sang-e-Marjan, Associate Advisor 9280216

Mr. Ihsanullah Babar, Associate Advisor 9280388

Mr. Rashid ullah Khan Kundi, Director 9280164

Mr. Shafqat Ali, Assistant Registrar 9280347

Peshawar

Mr. Muhammad Umar Afridi, Aditional Secretary

(I/C), 9211574

Syed Abid Hussain Bukhari, Consultant, 9211573

Mr. Adalat Khan, Consultant, 9211945

Mr. Ghulam Farooq, Consultant, 9214188

Mr. Firzind Ali, Consultant, 9210663

Mr. Jehanzeb Latif, Director, 9211572

Mr. Fawad Hanif, Consultant, 9213477

Source: http://www.mohtasib.gov.pk/

Imran Khan for Mandela-style

reconciliation in FATA

LAHORE: Pakistan Tehreek-e-Insaaf (PTI) will put

forward four sets of recommendations to the All

Parties Conference convened by Prime Minister

Nawaz Sharif on Monday, the party chief Imran

Khan disclosed on Sunday while addressing

workers and labourers at the Insaf Labour

Convention at Aiwan-e-Iqbal.

Khan announced that PTI will participate in the APC

and present four points:

1. Pakistan must get out of the US war on

terrorism.

2. We must start dialogue to end terrorism.

3. We should adopt policy of reconciliation in

tribal areas on the pattern of Nelson Mandela’s

policy (see explanation below).

Page 7: FATA Reforms News Update (July-September 2013)

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4. We must conduct a military operation against

those who do not want to do negotiations; but an

APC should be called before launching a military

operation.

He complained that “Khyber-Pakhtunkhwa is the

province most affected by terrorism. I want to know

what the government policy on drone strikes was,

and for that I had requested a closed door meeting

with the interior minister, the chief of army staff and

the prime minister before the APC, but I have

received no response from any quarters.”

He added, “We will try to stand united against

terrorism because without getting rid of this menace

Pakistan cannot progress.”

Source: http://tribune.com.pk/story/601763/braced-

up-imran-wants-mandela-style-reconciliation-in-fata/

Nelson Mandela’s Reconciliation

The Truth and Reconciliation Commission (TRC)

was a court-like restorative justice body assembled

in South Africa after the abolition of apartheid.

Witnesses who were identified as victims of gross

human rights violations were invited to give

statements about their experiences, and some were

selected for public hearings. Perpetrators of

violence could also give testimony and request

amnesty from both civil and criminal prosecution.

The TRC, the first of the nineteen held

internationally to stage public hearings, was seen by

many as a crucial component of the transition to full

and free democracy in South Africa. Despite some

flaws, it is generally (although not universally)

thought to have been successful.

Source: http://en.wikipedia.org/wiki/Truth_and_Reco

nciliation_Commission_(South_Africa)

Truth and Reconciliation Commission

A truth commission or truth and reconciliation

commission is a commission tasked with

discovering and revealing past wrongdoing by a

government (or, depending on the circumstances,

non-state actors also), in the hope of resolving

conflict left over from the past. They are, under

various names, occasionally set up by states

emerging from periods of internal unrest, civil war,

or dictatorship.

South Africa’s Truth and Reconciliation

Commission, established by President Nelson

Mandela and Desmond Tutu after apartheid, is

popularly considered a model of truth commissions.

As government reports, they can provide proof

against historical revisionism of state terrorism and

other crimes and human rights abuses. Truth

commissions are sometimes criticized for allowing

crimes to go unpunished, and creating impunity for

serious human rights abusers. Their roles and

abilities in this respect depend on their mandates,

which vary widely. Often, there is a public mandate

to bring past human rights violators to justice,

though in some cases (such as Argentina after 1983

and Chile after 1990), abuses of human rights have

gone unpunished under truth commissions due to

threats of antidemocratic coups by the powerful

parties who endure in the military.

In this sense, the militaries in question, having

ceded control to a civilian government, insist that

the “price” of ending their own military rule must be

full impunity for any of their past abuses. In some

cases, such as the “Full Stop” law of Argentina that

prevented prosecution of officers of the military

junta, this impunity has been enshrined in law under

the civilian government.

One of the difficult issues that has arisen over the

role of truth commissions in transitional societies,

has centered around what should be the

relationship between truth commissions and criminal

prosecutions.

Source: http://en.wikipedia.org/wiki/Truth_and_reco

nciliation_commission

JI leader suggests local body

elections in FATA

PESHAWAR: Ameer Jamaat-e-Islami FATA

chapter, Sahibzada Haroon-ur-Rasheed, has

stressed the political parties to announce withdrawal

of forces and lifting of curfew from all affected areas

of FATA and ensure respectful repatriation of the

tribal residents in the upcoming All Party

Conference (APC).

He was addressing a meeting of the party here at

Markaz Islami Peshawar on Sunday. General

secretary Jamaat-e-Islami FATA Dr Munsif Khan,

Doctor Samiullah Jan Mehsood and Haji Sardar

Khan were also present on the occasion.

Sahibzada Haroon-ur-Rasheed alleged that security

forces are killing innocent people in military

operations in FATA and it is time for Nawaz

government to stop all these operation in tribal

areas. He also demanded of the government to

release all missing persons and innocent people

from various jails and compensate the affected

families as soon as possible.

He suggested the government to announce

schedule for local bodies’ elections in FATA. They

also passed a resolution in which they condemned

the repeated raids of security forces on the house of

Haroon-ur-Rasheed.

They also criticised the role of Khyber Pakhtunkhwa

governor and termed his policies against the people

Page 8: FATA Reforms News Update (July-September 2013)

8

of Bajaur Agency. He said that without any reason

he was teasing the workers of Jamaat-e-Islami. He

demanded of the federal government to remove

Khyber Pakhtunkhwa governor and announce a

new name in the greater interest of FATA.

Source: http://www.nation.com.pk/pakistan-news-

newspaper-daily-english-online/national/09-Sep-

2013/ji-leader-demands-troops-withdrawal-from-fata

fatareforms.orghttp://www.fatareforms.org/high-court-

questions-arrest-tribesman-fcr/

High Court questions arrest of

tribesman under FCR

PESHAWAR: The Peshawar High Court on

Thursday sought replies from officials of the federal

and provincial government in the arrest of a

tribesman under the Frontier Crimes Regulation

(FCR).

Among those put on notice are Ministry of States

and Frontier Regions secretary, law and

parliamentary affairs secretary, Federally

Administered Tribal Areas (Fata) additional

secretary, secretary of the Home and Tribal Affairs

Department and the provincial advocate general.

A two-member bench comprising Justice Mazhar

Alam Miankhel and Justice Qaiser Rashid accepted

the petition filed by Nizam through his lawyer

Samiullah Afridi. The lawyer informed the bench that

on July 29, 2009 his client was arrested and

sentenced for 20 years with a fine of Rs0.2 million.

Failing to provide the money, he was warned of four

more years of imprisonment. Nizam has been

charged under sections 121A and 122 for anti-state

activities.

Afridi said his client belongs to Bara, Khyber Agency

and the sentence given to him is against the law

because he was not given a fair trial and allowed to

present his defence.

“The FCR is a black law which fails to provide

justice to tribesmen. We have informed our elected

representatives to take concrete steps in this

regard,” the lawyer added.

“Tribesmen elect their representatives during

elections, but when they face a problem they

consult the court. They need to persuade their

representatives to make changes in the FCR and

provide justice to needy people,” Justice Qaiser

Rashid said in his remarks.

The bench then put senior officials of both federal

and provincial governments on notice and said they

should submit their reply by the next hearing.

Source: http://tribune.com.pk/story/600407/draconia

n-law-phc-puts-govt-officials-on-notice-over-

tribesmans-arrest/

Reforms package for FATA

coming soon says PML-N MNA

Shahabuddin Khan

KHAR: PML-N MNA from Bajaur Agency

Shahabuddin Khan on Saturday said that the

federal government would soon announce a reforms

package for FATA which would ensure equal rights

to the tribal people.

He was talking to a delegation of All Bajaur Political

Parties Alliance here on Saturday.

Mr Shahabuddin said Frontier Crimes Regulation

and absence of constitutional rights was the main

hurdle in the way of progress of tribesmen.

He said that FATA was a part of Pakistan and

tribesmen had always rendered valuable sacrifices

for the larger interest of the country, but

unfortunately they had been deprived of

fundamental rights.

He said unlimited powers of political administration,

ignorance and lack of basic citizen rights and social

justice kept the tribesmen backward.

He said he would continue efforts to bring

revolutionary changes in the tribal system.

He said that he had informed Prime Minister Mian

Nawaz Sharif and other senior party leaders about

the problems of tribesmen.

“The prime minister has assured me of making

meaningful reforms in the current tribal system and

also promised to introduce constitutional rights to

the tribal areas,” he said.

Mr Shah said that the federal government had also

increased the annual development funds of Fata

and taken steps to ensure transparency in execution

of development schemes.

He said efforts had been accelerated for

establishing FATA Medical College in Bajaur

Agency and that site had been selected for this

purpose.

“Academic session in the university will start within

months,” he said.

The FATA lawmaker said that the establishment of

the medical college would boost socio-economic

condition of the agency.

On the occasion, leaders of All Bajaur Political

Parties Alliance informed the MNA about the

problems facing the tribesmen in Bajaur Agency.

Page 9: FATA Reforms News Update (July-September 2013)

9

They asked the lawmaker to arrange surprise visits

to public offices, health and education institutions to

ensure their smooth functioning.

They also urged him to highlight their problems in

the National Assembly and convince the federal

government to introduce local government system in

the tribal areas.

Source: http://www.dawn.com/news/1041346/reform

s-package-for-fata-soon-lawmaker

Azmat Hanif Orakzai backs

extension of Right to

Information Law to FATA

PESHAWAR: Participants at an awareness seminar

have highlighted the significant of promulgation of

Right to Information law in Khyber Pakhtunkhwa,

demanded the law to be extended to divisional

headquarters, Provincially Administrative Tribal

Areas (Pata) and Fata.

The access to information is basic right of every

citizen, which can be ensured by implementation of

Right to Information Law in K-P. The RTI law has

been promulgated while keeping in view best

practices at the international level, and the credit

goes to new elected Pakistan Tehreek-e-Insaf led

government to make important legislation under the

global commitment and constitutional requirements,

said Azmat Hanif Orakzai, Secretary Information

Khyber Pakhtunkhwa while speaking at the

seminar as chief guest on Tuesday.

The seminar on titled: “Right to Information

Legislation in Khyber Pakhtunkhwa and Way

Forward” was held at a local hotel. Representatives

from civil society, legal experts, and representatives

from other relevant stakeholders were participated

in the seminar. Participants thoroughly discussed

the recently promulgated Right to Information

ordinance 2013 in KP, asked the government to

take effective steps for its proper implementation,

called for launching a specific awareness campaign

about this important law in the province. Most of

laws were not properly enacted due to certain

reasons and implications, they viewed.

The speakers recommended: “The government

should rectify all those impediments and obstacles

with consultation of relevant stakeholders, and legal

experts before tabling in the provincial legislation

assembly in shape bill”.

They further suggested that the law would enable to

get access to document of public sector institutions,

so it should be extended to divisional headquarters,

Provincially Administration Tribal Areas and

Federally Administrative Tribal Areas as well. Azmat

Orakzai informed that the PTI-led government had

framed a charter of good governance under which

more than 11 laws would be promulgated in the

future, including right to service, conflict interest,

accountability Establishment bill, and importantly

Right to Information ordinance 2013.

While highlighting the salient features of RTI

ordinance 2013 in KP, he informed that a

information commission would be constituted,

saying that a retired justice of Peshawar High Court,

practicing lawyer, eminent citizens recommended by

Human Right Organisation, and a retired bureaucrat

would be appointed as its members. He informed

that the case will be disposed off with maximum 20-

days otherwise the relevant officers would be faced

penalty and fines due to not provision of required

data or information in fixed days under the RTI law.

Mr Orakzai supported that the suggestion of

extending RTI law to PATA and Tribal region. But,

he informed that the recently promulgated RTI

ordinance 2013, will not be implemented on Pata,

Fata and federal public institutions and line

agencies. Zahid Abdullah from CPDI, while

addressing on the occasion said he said an ordinary

citizen would get access to information to

documents of the public institutions, which was

earlier very difficult for everyone.

Giving suggestion for further improvement in RTI

ordinance 2013, he recommended that Peshawar

High Court, should also bring under ambit of this

law, while the penalty for the denial of data or

information under the RTI ordinance by the relevant

officer, would also increased from Rs.250 to per

daily salary basis. Javed Akhtar, from Swabi Society

for Welfare Association (SWWA) also spoke on the

occasion.

Source: http://thefrontierpost.com/fata/?p=87

University of Peshawar holds

National Conference on FATA

Conference participants stressed the need for multi-

dimensional reforms for FATA.

Pakistan Study Centre, University of Peshawar held

3-day National Conference on FATA at Baragali

Summer Camp on 29-31 August, 2013.

In all, 25 paper presenters/intellectuals from all over

the country including 100 delegates attended the

conference. Prof. Dr. Rasool Jan, Vice Chancellor

University of Peshawar, inaugurated the moot. The

Chief Organizer / Director Pakistan Study Centre,

Dr. Fakhr-ul-Islam highlighted the objectives.

Topics of papers included history, culture, Jirga

system, FCR, political participation, insurgency,

economic and social sector development.

Page 10: FATA Reforms News Update (July-September 2013)

10

FATA Research Centre (FRC) was represented by

Muhammad Zaheer Khan, Programme Manager, he

presented a paper on the “Post US Withdrawal

Scenario In Afghanistan: Implications for Peace and

Development in FATA”.

Every paper was followed by lively discussion /

questions / answers Session. It has been decided

that proceedings of the conference will be published

soon.

On the concluding day, the conference approved a

joint declaration which reads as “The National

Conference on FATA held at Baragali Summer

Camp University of Peshawar on 29-31 August

2013 expresses its solidarity with the people of

FATA and regrets that people of that area have

been kept deprived of all the rights available to the

settled areas of Pakistan.”

“The causes of unrest in FATA are poverty, bad

governance, Draconian laws, institutional corruption,

and political, economic and social deprivation.”

The statement went on to state that, “The causes of

unrest in FATA are many which include poverty, bad

governance, Draconian laws, institutional corruption,

and political, economic and social deprivation.

However, the most important of the causes is the

ongoing insurgency. This insurgency needs to be

stopped through engaging the non-State actors in

dialogue.”

The conference termed “Drone Attacks” in FATA

unlawful, unjust, counter-productive and detrimental

to the sovereignty of Pakistan, indicating that ”these

attacks should be stopped through aggressive

diplomacy.”

The conference felt the need of multi-dimensional

reforms in the area. The conference urged upon the

government that “in devising policy for FATA, total

reliance on bureaucracy should be minimized and

opinion of academia and civil society may also be

taken into consideration”.

Source: http://frc.com.pk/news/national-conference-

on-fata

FATA lawyers demand

Supreme Court reach be

extended to tribal areas

PESHAWAR: A lawyers’ forum from the Federally

Administered Tribal Areas (FATA) has asked the

government to extend jurisdiction of the Supreme

Court and high court to the tribal areas.

Addressing a press conference at the press club on

Monday, the president of FATA Lawyers Forum

(FLF) Muhammad Ijaz Mohmand said the area has

been neglected since the creation of Pakistan and

now the world calls it a ‘crime zone’.

“No one is interested in bringing any change in the

war-torn area,” said Mohmand, adding they

expected much from the new government but it has

not even talked about the oppression in FATA.

“Extension of the Political Parties Act does not make

sense when the tribesmen do not have any

decision-making powers,” Mohmand argued, adding

the previous government considered it a huge

success but people are still subjected to the same

tyrannical rule.

At the press conference, FLF member Taj Mahal

Afridi alleged non-governmental organisations get

funds from international donors for the tribal region

and pocket the money. “No one wants to change

our condition as this is an easy source of income,”

he alleged.

The FATA Tribunal created to provide quick justice

to the tribal areas has been subjected to criticism

after a retired bureaucrat was hired to pass

judgments. “Hundreds of people are languishing in

jails around FATA since the last two years and

nobody has been presented for trial,” said Afridi.

The forum asked the federal government to extend

the jurisdictions of the supreme and high courts to

FATA and ensure “provision of basic human rights

as enshrined in the Constitution of Pakistan.”

Source: http://tribune.com.pk/story/595554/demand-

for-reforms-lawyers-demand-scs-reach-be-

extended-to-tribal-areas/

Shakil Afridi case exposes

flaws in FATA judicial system

The verdict given by Frontier Crimes Regulation

(FCR) Commissioner in the case of Dr Shakil Afridi

exposed shortcomings in the judicial system

enforced in Federally Administered Tribal Areas

(FATA) for the last over a century.

Peshawar Commissioner Sahibzada Mohammad

Anees, who has been delegated powers of FCR

commissioner under section 48 of the Regulation,

on Aug 29 set aside conviction of Dr Shakil and sent

the case back to Khyber Agency political agent for

re-trial.

Dr Shakil, a former agency surgeon, was arrested in

May 2011 on suspicion of helping the American CIA

to track down Osama bin Laden through a fake

hepatitis vaccination campaign in Abbottabad.

However, he was not convicted for that offence and

instead was found guilty by an assistant political

agent in his capacity as additional district magistrate

on May 23, 2012, of having links with militants,

Page 11: FATA Reforms News Update (July-September 2013)

11

especially those belonging to Bara-based

proscribed organisation, Lashkar-i-Islam.

The APA sentenced him to prison terms on different

counts totalling 33 years imprisonment.

Section 50 of FCR provides that the appellate

authority, which is the commissioner, should decide

an appeal within 60 days. However, in the instant

case the commissioner took around 15 months just

to remand the case back without touching its merit.

Interestingly, the FCR commissioner has delivered a

single-page judgment wherein he did not mention

any specific legal ground for remanding back the

case for re-trial. The only reason he has given in the

verdict for remanding the case back is: “I am of the

view that such a serious nature case should have

been tried by the political agent himself under

proper law andRewaj so as to ensure absence of

iota of any doubt regarding merit and transparency.

Therefore, the subject case is remanded back to

political agent/session judge Khyber Agency in

order to weigh afresh the pro and against

arguments of both the parties under law

and Rewaj.”

The commissioner ruled that the appellant would not

be released on bail till the final conclusion of the

case.

The Code of Criminal Procedure (CrPC) 1898,

which is the procedural law for criminal cases, was

extended to tribal areas by the then British governor

general through a notification on Sept 3, 1939.

However, its provisions have rarely been followed

and the procedural law is FCR 1901 under which in

civil and criminal cases council of elders has been

constituted and on the basis of its findings the

political agent or the APA passes the order.

Interestingly, the administrative officers in an

agency have been supervising administration,

prosecution and judicial system. In such

circumstances there could be no hope of a fair trial

in the tribal areas.

Section 11 of FCR is the most important section in

criminal cases. It provides whenever an offense of

which the PA is competent to take cognisance is

committed, the case shall be registered and the

accused shall be produced before the APA within 24

hours of the arrest. The PA shall refer the case to

the council of elders for finding of guilt or innocence

of the suspect and the council after holding

necessary inquiry and hearing the parties and

witnesses, submit its findings to the PA.

On receipt of the findings of the council, the PA may

pass an order in accordance with the findings of the

majority of the council or remand the case to the

council for further inquiry and findings.

Through the Constitution (Eighteenth Amendment)

Act 2010, Article 10-A was incorporated in the

Constitution of Pakistan which states: “For the

determination of his civil rights and obligations or in

any criminal charge against him a person shall be

entitled to a fair trial and due process.” This

provision can be implemented in rest of the country,

however, the inhabitants of FATA are not fortunate

enough to even think of a fair trial.

The Qanoon-i-Shahadat Order 1984, which is the

law of the evidence in rest of the country, has so far

not been extended to FATA.

Similarly, the provisions of CrPC related to

recording statement of a witness in a criminal case

have also not been followed. Section 164 of CrPC

empowers a magistrate to record confessional

statement of a suspect or a witness in a case.

The accused person has the right to cross-examine

a witness appearing against him in a court of law,

but in FATA there is no concept of cross-

examination of prosecution witnesses.

The appellate forum also consists of the

commissioner, who is an administrative officer and

not a judicial one. Similarly, a decision of the

commissioner can be challenged before a three-

member FATA Tribunal through a revision petition.

However, presently, two of the members of the

tribunal are retired government servants and the

third one is a lawyer. Thus, this tribunal also can’t

be called a judicial forum independent of the

influence of the executive.

“Apparently, there is no use of sending back the

case to the PA as he is part and parcel of the same

oppressive system and can’t make an independent

decision,” said Advocate Samiullah Afridi, the lead

counsel of Dr Shakil Afridi.

He said that the PA had to reconstitute council of

elders and it would have to give fresh findings on

the charges levelled against Dr Shakil. The counsel

alleged that in the earlier trial his client was

convicted in a single day.

“Article 275 of the Constitution provides that the

judiciary should be separated from the executive,

but that provision has not been implemented in

FATA where executive officers have been

performing as judicial officers,” said Noor Alam

Khan, an advocate of the Supreme Court.

He said that unless the jurisdiction of superior courts

including the Supreme Court and Peshawar High

Court had not been extended to tribal areas

fundamental rights provided in the constitution could

not be enforced.

Page 12: FATA Reforms News Update (July-September 2013)

12

By Waseem Ahmad Shah

Source: http://www.dawn.com/news/1039982/dr-

shakil-case-exposes-flaws-in-fata-judicial-system

Bajaur PkMAP urges FATA

reforms implementation

KHAR: Pakhtunkhwa Milli Awami Party (PkMAP),

Bajaur Agency, on Tuesday urged the government

to implement reforms in Federally Administered

Tribal Areas (FATA) and immediately extend

constitutional rights to the tribal areas, saying that

lack of basic civil rights was the main cause of

backwardness of the area.

Speaking at a press conference here, local PkMAP

leaders, including its president Asghar Khan, Lehaz

Gul and Azam Khan, expressed concern over delay

in implementation of reforms in the Frontier Crimes

Regulation (FCR).

Mr Asghar said that the government had turned the

FATA reforms into a joke as no visible change was

seen in the tribal areas since the reforms were

announced.

It seemed the government is not interested in

bringing positive changes in the area, he said.

He said that besides swift implementation of reforms

in FATA the government should take additional

steps for change in tribal system because the

reforms alone were insufficient to solve problems of

tribesmen.

They said that PkMAP chief Mehmood Khan

Achakzai would soon present a resolution in the

National Assembly for awarding the FATA a status

of a separate province.

The PkMAP activists urged the government to

extend fundamental rights to the tribal areas and

said that provision of basic constitutional rights was

vital to the development of FATA.

They said that the jurisdiction of Supreme Court and

high court should be extended to the FATA and the

tribal areas be regulated under the 1973

Constitution rather than the FCR.

Source: http://www.dawn.com/news/1038858/imple

mentation-of-fata-reforms-urged

Government asked to extend

Supreme Court to FATA

PESHAWAR: The lawyers from tribal areas have

expressed reservations over amendments in

Frontier Crimes Regulation (FCR) and demanded of

the government to extend the jurisdiction of apex

court to FATA.

Addressing a press conference here on Monday,

FATA Lawyers Forum president Ijaz Mohmand said

that FCR was amended during the previous

government but the changes were not implemented

so far.

“FATA needs proper attention and focus to end

deprivation among tribal people.”

Flanked by FLF general secretary Taj Mahal Afridi,

joint secretary Farhad and others, he said that

political agents still had absolute authority in FATA

despite introduction of amendments to FCR.

Mr Mohmand alleged that political agents were

playing with lives, honour and properties of tribal

people as they enjoyed unlimited powers. Tribal

people had no value in the prevailing situation as

law and constitution had no importance in FATA, he

added.

The masses, the FLF president said, were not given

the right to raise voice for their rights and that was

why the political administration was victimising them

by exercising its unlawful powers.

Mr Mohmand said that government should have

brought FATA under the parliament through the

18th Amendment. FATA parliamentarians also failed

to raise voice for the rights of their people, he

added.

He said that tribal people were awarded punishment

in violation of the basic human rights owing to

absence of an effective judicial system in FATA. He

demanded of the government to extend regular law

to FATA under Article 247 of the Constitution so that

poor tribal people could live with peace.

Mr Mohmand said that the extension of jurisdiction

of courts to FATA would end the bureaucratic

hurdles that would also help in eradication of

terrorism and mainstreaming the tribal society.

He said that change was impossible under the

present bureaucratic system of federal government

in FATA as it was creating hurdles in bringing tribal

areas in the mainstream and mitigating problems of

the militancy-affected tribal people.

“FATA needs proper attention and focus to end

sense of deprivation among the tribal people,” Mr

Mohmand said. He added that FATA was

deliberately kept backward in all fields and

successive governments failed to give rights and

due status to tribal people.

The reforms introduced by the previous government

in FCR didn’t bring any change in the fate of tribal

people rather their problems were further

complicated. “Change is impossible without

extension of jurisdiction of superior courts to FATA,”

he added. The leader of tribal lawyers said that they

Page 13: FATA Reforms News Update (July-September 2013)

13

had great expectations from the incumbent

government but its policies showed that government

was not sincere to solve problems of tribal people.

The federal government, he said, was yet to

formulate or announce a policy for the resolution of

the problems being faced by the tribesmen. He

added that FATA had never been a priority of the

successive governments.

Mr Mohmand said if federal government wanted to

bring any change in FATA then it should extend the

jurisdiction of Supreme Court and Peshawar High

Court to tribal areas.

He said that the administrative issues would be

automatically resolved in FATA with the extension of

courts’ jurisdiction to the area. He called for holding

a referendum on creation of FATA council.

The FLF, Mr Mohmand said, would raise voice for

solution of the issue at all forums. He asked the civil

society organisations and media to extend support

to legal fraternity in that regard.

Source: http://dawn.com/news/1038655/govt-asked-

to-extend-sc-jurisdiction-to-fata

FATA parliamentarians agree to

amend Article 247

The FATA Lawyer’s Forum arranged a meeting with

all FATA parliamentarians in parliament lodges on

21 August 2013 and convinced them to pass a

resolution from the National Assembly and Senate

of Pakistan to make necessary amendments to

Article 247 (7) of the Constitution of Pakistan 1973.

FATA Senators and MNAs unanimously agreed and

assured the FATA Lawyer’s Forum to draft the

amendment and with the help of ruling party to pass

the same in the National Assembly and Senate.

On 22 August 2013, the Supreme Court Bar

Association of Pakistan (SCBAP) passed a

resolution on the special request of the FATA

Lawyer’s Forum. The contents of the resolution are:

1. Enforcement of fundamental rights in FATA

2. Extension of jurisdiction of High Courts and

Supreme Court to FATA

3. Rule of law in FATA

FATA Lawyer’s Forum President Ijaz Mohmand

spoke to media and stated that it is the time to bring

FATA into the mainstream of politics that the FATA

Lawyer’s Forum asks for rule of law in FATA.

“We are lawyers and demand these all within the

sphere of law,” he said, indicating that FATA

lawyers will meet with all prominent politicians to

pass the same resolution from parliament.

Source: https://www.facebook.com/photo.php?fbid=

524376847632100&set=a.444481428954976.96687

.443903895679396&type=1

KP governor directs inception

of FATA Youth Assembly

Directive dated August 26, 2013 from the Khyber

Pakhtunkhwa governor to the FATA additional chief

secretary in the FATA Secretariat:

I am directed to refer to the above noted subject and

to state that delegates of Kyhber Pakhtunkhwa

Youth Assembly led by their Chief Minister,

Ministers, Opposition Leader and Youth

Parliamentarians, met the Governor Khyber

Pakhtunkhwa on August 23, 2013.

During discussion it transpired that Pakistan

Institute of Legislative Development and

Transparency (PILDAT), with support of Assembly

Secretariat Khyber Pakhtunkhwa, has established a

Youth Assembly KP on pattern of Pakistan Youth

Assembly where youngsters, girls and boys are

elected to form a forum to teach them democratic

norms and inculcate leadership qualities in them.

The Governor informed them that FATA students

have already formed a voluntary, self-financed

FATA Youth Forum but require proper patronage.

He also informed that about the youth policy being

finalized under the guidance of Senator Rubina

Khalid and Ms Mehreen Afridi of the FATA Youth

Forum.

Consequent to discussion, the Governor Khyber

Pakhtunkhwa was pleased to direct them as under:

1. PILDAT would be requested to provide

equivalent support in the formation of the FATA

Youth Assembly on exactly the same pattern;

2. In this regard, PILDAT will coordinate with

Senator Rubina Khalid, FATA Youth Forum and

the Directorate of Youth Affairs FATA;

3. From the government side, Mr Arshad Majeed,

Secretary FIFA FATA and Mr Faisal Jamil Shah,

Director Sports and Youth Affairs will be the

focal persons;

4. Funding requirement for the initiative will be

provided through a non-ADP scheme;

5. The FATA Youth Assembly will be a perpetual

initiative with sessions in Islamabad and FATA

Secretariat Peshawar;

6. Special instructions would be issued to all

government offices etc to provide time and

information to the Youth Assembly Members so

that they could carry out research work and

bring forth workable proposals.

Page 14: FATA Reforms News Update (July-September 2013)

14

Source: https://www.facebook.com/photo.php?fbid=

460904074017561

Higher Education Commission

asks to double FATA quota at

universities

ISLAMABAD: Higher Education Commission (HEC)

Chairman Javaid Laghari has written a letter to the

vice chancellors of all universities to double the

admission quotas for students from the Federally

Administered Tribal Areas (Fata) from one to two

per cent.

“Fata is at a crossroad and the current mayhem and

chaos in tribal areas could directly be linked to lack

of opportunities for the local populace,” he wrote in

his letter.

“The disgruntled youth can easily fall prey to the lure

of extremists and there is also a dearth of

educational institutions in Fata. The situation

warrants urgent action from all and sundry,” he said.

The prime minister has also issued directives to

provinces to make arrangements to reserve at least

two per cent of seats for Fata students in medical,

engineering and other professional institutions and

universities, the letter said.

Meanwhile, the HEC has also decided to award

foreign PhD scholarships to working journalists from

Fata under the “Provision of higher education

opportunities for the students of Balochistan and

Fata” project. These scholarships will be provided

for PhD studies at leading universities in USA, UK,

Canada, Australia and New Zealand for spring 2014

session. Working journalists with Fata domiciles and

master or equivalent degrees in journalism would be

eligible to apply.

HEC has also decided to award foreign PhD

scholarships to working journalists from Fata under

the provision of higher education opportunities for

the students of Balochistan and FATA.

Source: http://tribune.com.pk/story/594405/fata-

students-vcs-asked-to-enhance-admission-quota/

Ex-servicemen want local body

elections in FATA

BAJAUR AGENCY: Ex-Serviceman Society FATA

GS Kemya Khan Afridi has said that along with the

other parts of the country, the government should

also conduct Local Government elections in FATA.

While talking to media persons in Khar, the Ex-

serviceman Society leader said that government

was getting preparations to hold local bodies

election in the country, but the government has not

made it clear whether it would hold the same

elections in the tribal regions or not. He urged the

PML-N-led federal government to conduct local

bodies’ elections in FATA as it would further

strengthen the democratic culture in the tribal areas.

“Power can be easily devolved at the grass root

level through holding local bodies elections in FATA,

KK Afridi argued, saying the government should not

deprive the tribesmen of this basic right.”

“The tribal people will neither accept nominated

local bodies nor keep silent if local bodies elections

were not held in tribal regions, the Ex-serviceman

Society leader remarked. KK Afridi demanded of the

government to conduct LG elections at the same

day with the other parts of Pakistan. He said that

deprivation of the tribal people from their social,

political and constitutional rights would lead to

conflict and backwardness in the region.

The Ex-Serviceman Society FATA leader also urged

the government to bring the bureaucracy working in

FATA under the local governments so that speedy

welfare and development could be started in FATA.

The political administration should be made

accountable and answerable to the elected

representatives in FATA, he suggested, saying

continuation of the chaotic situation would further

aggravate the problems in FATA.

KK Afridi asked the government to explain its

position whether it is willing to hold local bodies

elections in FATA or not.

Source: http://thefrontierpost.com/fata/?p=49

Bajaur political leaders

resolved to secure basic rights

BAJAUR AGENCY: All Bajaur Political Parties

Alliance has showed concern over what they called

awful behavior of the government officials with the

tribesmen and resolved that efforts would be made

to secure basic rights of people of the region.

The decision was made at a meeting of the alliance

here at the residence of former MNA Akhund Zada

Chattan here on Thrusday at Khar.

The alliance president, former senator Maulana

Abdur Rasheed, chaired the meeting, which was

addressed by member central executive committee

of Pakistan People`s Party Mr Aurangzeb, Mr

Chattan, Awami National Party`s Attaullah Khan,

Rahat Yousaf of Pakistan Muslim League-Nawaz

and Jamaat-i-Islami`s Fata chief Sahibzada Haroon

Rasheed.

They said that complaints about misconduct of

officials of political administration with poor

tribesmen were increasing day by day since the

Page 15: FATA Reforms News Update (July-September 2013)

15

establishment of government writ in Bajaur Agency.

They said that people had been suffering at the

hands of officials without committing any crime.

“We do not know the reason for the misbehavior of

the officials with our citizens, but this is certainly

going to create mistrust between the administration

and people”, said Haroon Rasheed.

He claimed that the officials had been arresting a

large number of tribesmen daily under the collective

responsibility law, only to release them after

receiving bribe in the cover of fine.

Source: http://www.fatareforms.org/bajaur-political-

leaders-resolved-to-secure-basic-rights/

PM Nawaz Sharif urges FATA

mainstreaming

Prime Minister Nawaz Sharif on Thursday stressed

the need for mainstreaming FATA and bringing it at

par with rest of the country. The PM expressed

these views during a meeting with a delegation of

Senators from FATA, who called on him here at the

PM Office. Nawaz said his government was

committed to work for the socio-economic uplift of

FATA and to improve the living standard of the

people of those areas. The overall political situation

with special focus on the law and order situation in

the country and FATA came under discussion

during the meeting.

Source: http://www.nation.com.pk/pakistan-news-

newspaper-daily-english-online/islamabad/26-Jul-

2013/prime-minister-stresses-fata-development

Local body elections demanded

in tribal areas

Senior Jamaat-e-Islami FATA leader and member of

the Political Parties Joint Committee on FATA

Reforms Zar Noor Afridi has said that along with the

other parts of the country, the government should

conduct local government elections in FATA.

While talking to media persons in Landikotal, Afridi

said that the government was making preparations

to hold local body elections in the country, but that

the government has not made it clear whether or not

it would hold the same elections in the tribal regions.

Afridi urged the PML-N-led federal government to

conduct local government elections in FATA as it

would further strengthen democratic culture in the

tribal areas.

“Power can be easily devolved to the grassroots

level by holding local body elections in FATA,” Afridi

argued, addoing that the government should not

deprive the tribesmen of this basic right.

“The tribal people will neither accept nominated

local bodies nor will they keep silent if local body

elections are not held in the tribal areas,” the JI

leader remarked. Afridi demanded that the

government conduct local government elections at

the same time as those in other parts of Pakistan.

He said that depriving tribal people of their social,

political and constitutional rights would lead to

conflict and backwardness in the region.

The JI FATA leader also urged the government to

bring the bureaucracy (aka political administration)

working in FATA under the control of newly elected

local governments so that speedy welfare and

development could be started. The political

administration should be made accountable and

answerable to new local elected representatives in

FATA, Afridi suggested, saying that any

continuation of the current chaotic situation would

further aggravate problems in FATA. He further

asked the government to explain its position and

make clear whether it is willing to hold local body

elections in FATA or not .

Source: http://allvoices.com/contributed-

news/15100189-local-bodies-elections-demanded-

in-tribal-regions

FATA Democratic Movement, a

new voice for reforms

FATA Democratic Movement is an organization

representing the whole of FATA, founded a few

years ago in Jamrud in Khyber Agency at the Hujra

of Abdul Rahim Afridi, former President of the

Awami National Party in Khyber Agency. Master

Khan Habib Afridi (late) was chosen as the first

convener while Abdul Rahim Afridi was declared the

official spokesman of FATA Democratic Movement

(FDM).

At his first press conference, new acting FDM

President Abdul Rahim Afridi addressed the media

at the Peshawar Press Club, stating that FATA

Democratic Movement is a purely political

organization but that it has no affiliation with any

particular group or political party. All political parties,

groups and individuals are welcome and

encouraged to join as members as long as they

agree with the goals and objectives of the

organization.

FDM was established to bring together and

represent like-minded political parties and

individuals who want a positive change for FATA

and its people. Changes needed include political,

constitutional, administrative and judicial reforms.

FDM spokesperson Zar Ali Khan Afridi stated that,

“We are living in a world filled with darkness and

despair and this world is called FATA. Keeping

Page 16: FATA Reforms News Update (July-September 2013)

16

people living as unsettled ‘tribals’ in the 21st century

is a disgrace to the citizens of FATA.”

“While many nations of the world achieved

independence, we the people of FATA continue to

be fettered by the Frontier Crimes Regulation

(FCR), imposed over a century ago. While the world

has changed completely, it is now the time to rise up

and work for positive change in FATA, in our tribal

areas.”

FDM spokespersons went on to indicate that, “In

1956, the FCR was abolished from the then-named

North West Frontier Province. Since then, it was

also repealed in Khyber Pakhtunkhwa and

Baluchistan but remains in force in FATA. This law

is a blatant human rights violation of the people of

FATA.”

At present, there are twenty elected

parliamentarians for FATA in the upper and lower

houses (Senate and National Assembly) in

Pakistan. Ironically, however, these so-called

‘representatives’ are prohibited by law from

legislating for the FATA people, due to fact that

Article 247 of the Constitution of Pakistan gives all

such powers to the President of Pakistan.

FCR amendments and other political reforms

announced and enacted by the President of

Pakistan in August 2011 brought a sigh of relief to

tribal citizens as they permitted political parties to

engage (to some extent) in FATA and create

political awareness among the people.

FDM indicated that, “Had the government also

announced some representation in the provincial

assembly of Khyber Pakhtunkhwa, it would have

been an improvement and people might have

relaxed, politically. This reform, however, was

delayed by one pretext or another.”

FATA Democratic Movement is the voice of nearly

all tribal people engaged in the struggle for the

political and human rights of the people of FATA.

FDM works to emancipate them from the clutches of

the cruel political and legal systems currently in

place in FATA. Initially, FDM has two main

objectives:

1. Complete abolition of the Frontier Crimes

Regulation (FCR); and

2. Representation for FATA in the provincial

assembly of Khyber Pakhtunkhwa.

FDM is building consensus on these two important

objectives in FATA and intends to hold a Jirga of

150 tribal political activists, civil society

organizations, lawyers, tribal mashran, Maliks,

teachers, students, women and people from all

walks of life to participate and share their

experiences, ideas and debate the pros and cons of

these objectives for the future of FATA and its

people. FDM is the native movement from FATA

and has a representation in nearly all tribal agencies

and FRs.

In addition to the work of FDM, other groups are

busy working for reforms in FATA. Now is the time

for all reformers, political parties, civil society

organizations, media, teachers, students, lawyers,

trade unions, women organizations and so on to join

hands and work collectively to bring changes to the

current system in the tribal areas.

Although some amendments have been announced,

they are few and not enough. Further reforms are

needed, such as the basic and fundamental

changes needed to Article 247 of the constitution

and handing over FATA legislation powers from the

president to parliament. In addition, jurisdiction of

the superior courts must be extended to FATA and

an elected and empowered FATA council should be

established and given power to present

recommendations and suggestions to the President

of Pakistan regarding the future status of FATA.

After the sudden death of its founding convener, Ijaz

Afridi was nominated for a brief period and Abdul

Rahim Afridi was named FDM president. After his

departure to United States, Raees Norat Khan Afridi

was named convener and Zar Ali Khan Afridi

spokesman.

Among FDM founding members are: Raees Norat

Khan Afridi, Ijaz Afridi, Ghani Rehman, Saleem

khan, shabir Khan, Ameer Khan Akakhel, Manzoor

Afridi (Jamrud, Khyber Agency), Gul Nawaz

Tarakzai (Mohmand Agency), Ikram Khan (Bajaur),

Noor Aslam Khan Afridi and Majeed Khan Afridi (FR

Kohat), Naseem Khan Wazir (FR Bannu), Malik

Shaukat (FR Lakki), Daud Khan Sherani and

Engineer Shahi Khan Sherani (FR DI Khan), Malik

Luqman Afridi, Brigadier Gul Mansher Afridi and Zar

Ali Khan (FR Peshawar).

Source: http://www.fatareforms.org/fata-democratic-

movement-a-new-voice-for-reforms-in-fata/

High Court issues notices to

Mohmand and Khyber political

agents

PESHAWAR: The Peshawar High Court (PHC) on

Tuesday asked the political authorities of tribal

agencies to explain illegal detention of citizens on

the next hearing.

A two-member bench comprising Justice Nisar

Hussain Khan and Justice Musarrat Hilali issued

show-cause notices to political agents (PAs) of

Mohmand and Khyber tribal regions and Assistant

Political Agent (APA) Jamrud and superintendent

Page 17: FATA Reforms News Update (July-September 2013)

17

Peshawar Central Prison, directing them to explain

the reason for detention of the citizens on the next

hearing of the case August 27. The bench issued

notice to PA Mohmand Agency in a habeas corpus

petition of Muhammad Islam, in which he claimed

that the official had kept his brother Abdul Wadood

in his illegal detention for the past five months

without any charges.

Zartaj Anwar, the petitioner’s lawyer submitted

before the bench that the family members through a

jirga of tribal elders handed over the detainee for

three days to PA Mohmand on November 11, 2012

after his request that the Mahsud Scouts wanted

some interrogation from him. He argued that the PA

Mohmand then kept the detainee at his lockup

without any reason. After five months, he said the

PA released him on bail.

After nine months of the release, he said the PA

Mohmand again arrested the detainee and kept at

his illegal detention to date. The petitioner said that

his brother had a job at Telenor Mobile Company as

he did his diploma in engineering.

The bench also issued show-cause notice to PA

Khyber Agency and Jamrud APA for violating the

Fata Tribunal order and keeping a citizen in an

illegal detention even after the court’s order.

The bench also put on notice superintendent

Peshawar Central Prison, directing him to explain

why he kept the petitioner in prison even after the

Fata Tribunal (an appellate court for APA, PA and

FCR Commissioner’s courts) order regarding his

release. The detainee, Pirzada had claimed in his

petition that on July 14, 2012 during military

operation he was arrested by Mehsud Scouts and

then handed over to the political administration.

He said the political authorities sentenced him for

seven years for his alleged links with militants

against which he approached the Fata Tribunal. He

said the tribunal acquitted him in the case on June

10, 2013.

He said the political authorities did not release him

from the Peshawar Central Prison even after the

Fata Tribunal decision. He said the political

authorities filed a review petition in the Fata Tribunal

against his acquittal, which was also dismissed. To

keep him in illegal detention, he claimed that

political authorities booked him in a false case in

back date of 2007.

Source: http://www.thenews.com.pk/Todays-News-

2-195792-PHC-issues-notices-to-Mohmand,-

Khyber-PAs

Khyber Political Agent accused

of bias against tribal journalists

A meeting of tribal journalists was held in the

Landikotal Press Club with President Ahmad Nabi

Shinwari on Friday. The journalists condemned

actions of the Khyber Agency Political Agent

Motahir Zib, which they said amounted to

intimidation of local journalists. The political

administration official is allegedly telling Khyber

journalists in Landikotal not to report on the real

problems of tribal citizens in the Agency.

“The Political Agent in Khyber has specifically

targeted some of the senior journalists at

Landikotal,” observed some of the journalists in the

meeting, adding that because of their reporting on

the location of proxy Khasadars in the force, the

Political Agent has resorted to unfair and biased

actions against them. The tribal journalists refused

to compromise on their principles and basic rights,

however, and the Political Agent turned on them as

a result.

Journalists indicated that the official had issued

orders to dismantle additional check posts on

the Khyber Pass, but so far could not do so

because of corruption and illegal fee-charging at the

check post. Some present at the meeting

threatened to increase their protest throughout the

Agency to expose the Political Agent’s abuse of

power. The journalists have also called on the

government to take immediate action against the

official and to remove him from Khyber Agency.

Source: http://www.allvoices.com/contributed-

news/14977346-pa-khyber-is-biased-against-tribal-

journalists

Supreme Court says laws must

extend to FATA

ISLAMABAD: Observing that missing persons

seemed to be detained in internment centers in

tribal areas, the Supreme Court on Monday asked

the federal government to extend its laws to both

the federally and provincially administered tribal

areas, to ensure the fundamental rights of citizens

living there.

“Federation of Pakistan must take steps to extend

laws to Federally Administered Tribal Areas (FATA)

and Provincially Administered Tribal Areas (PATA).

When you take their elected representatives in the

assemblies then why are the people not getting their

rights,” observed Chief Justice Iftikhar Muhammad

Chaudhry, who was heading a three-judge bench.

“The government has informed us that there are 504

missing persons and there are seven internment

Page 18: FATA Reforms News Update (July-September 2013)

18

centers in different areas of PATA and FATA,” said

Justice Khawaja, one of the members of the bench,

hearing cases of the missing persons

The chief justice observed that if someone was

found involved in criminal activity, they should be

put to a fair trial in accordance with rules and laws. “

Issuing notices to the FATA and PATA secretaries,

the bench sought the complete record of the

detained persons and reports regarding periodical

meetings of the review boards renewing the

detention orders of the detained persons.

The bench was keen to know whether the detained

persons were being treated as per the frontier

regulations and whether the law was being adhered

to.

Hearing multiple cases of enforced disappearances,

the bench also directed the authorities to arrange a

meeting of the detained persons and their families

and adjourned hearing till July 29.

Taking up the separate cases of disappearance of

two brothers respectively from Dera Ismail Khan

and Bhakhar, the bench asked the Inspectors

General (IG) of Khyber Pakhtunkhwa and Punjab to

explain what action had been taken for the recovery

of the individuals.

Deputy Attorney General Tariq Khokhar informed

the bench that two separate FIRs were registered

last year soon after the incidents of disappearance

were reported.

Khokhar informed the bench that officials of relevant

police stations had been nominated in the FIRs;

however, he was not aware as to what action had

so far been taken against the accused officials.

Taking notice of the plight of the missing person’s

families, the chief justice asked the additional

attorney general to make sure that the

compensations were paid to the families as travel

allowance in accordance with Justice retired

Mansoor Alam Commission Report’s

recommendations.

Published in The Express Tribune, July 16th, 2013.

Source: http://tribune.com.pk/story/577533/internme

nt-centres-in-fata-laws-must-extend-to-tribalareas-

states-sc

Zardari sends new reforms

memorandum to PM

ISLAMABAD: A memorandum of FATA Grand

Assembly regarding ensuring implementation of

reforms in tribal areas has been sent to government

from president house. An Autonomous FATA

Council has been suggested on the pattern on

National Assembly in the tribal areas where

governor and FATA Secretariat would be

answerable before FATA Council. Meanwhile local

body elections have been demanded in tribal

agencies on a fast track basis.

According to sources, the memorandum comprising

FATA reforms for tribals has been sent to

government from the president house. The

government after finalizing the draft of reforms

would send it to president house for official approval

and presidential order would be issued for

implementation over FATA reforms.

The proposals presented by FATA Grand Assembly

to President Asif Ali Zardari in the previous days

said that joint declaration of tribes could prove

fruitful to bring and ensure peace in the tribal areas.

The president has been appealed for FATA reforms

that package of reforms of 2010 should be

implemented on the fast track basis. The

constitutional amendments should be done after

taking members of parliament of FATA into

confidence so that the tribal members could take

part in legislation regarding FATA. The fundamental

rights should be extended up to FATA as done in

the other parts of the country and the right to define

the status should be given to people of FATA.

Moreover, FATA council should be elected on the

basis of franchise and it should be given the right to

present suggestion to the president. The district

government system should be introduced in FATA.

The Jirga System should be empowered. The

political administration should be held accountable

before elected members of district government.

There should be reserve seats for women of FATA

in Senate and National Assembly.

Source: http://www.sananews.net/english/memoran

dum-of-fata-grand-assembly-regarding-ensuring-

implementation-of-reforms-in-tribal-areas-sent-to-

govt-from-presidency/

FATA citizens demand local

government elections

Members of the FATA Local Council Association

have demanded the government to hold local body

elections in tribal region after the directive of

superior judiciary.

Speaking at a news conference here at press club

on Friday, Association President Shahjehan Afridi

said that Supreme Court issued clear-cut directives

for holding LG elections by September in the

country that reflecting seriousness of Chief Justice

Iftikhar Muhammad Chaudhry. “The move is a

welcoming step but the tribal region is ignored for

Page 19: FATA Reforms News Update (July-September 2013)

19

bringing power at grassroots level by holding local

body elections in FATA,” he maintained.

Afridi called for holding LB polls in FATA as per

schedule announced for other parts of the country,

adding the tribesmen could be able to elect public

representatives through a democratic process.

Flanked by the Association General Secretary

Javed Afridi and other officer-bearers, he said that

positive activities would be started after conducting

local body elections in FATA while it could also

provide opportunity to tribesmen to elect real

leadership with power of their votes.

Local government elections should be held in

Khyber Pakhtunkhwa and tribal areas

simultaneously so that tribal people could get rid of

the Frontier Crimes Regulations and Maliki system,

they added.

The office- bearers said the tribal areas were kept

backward under a conspiracy. They urged the

coalition parties in the provincial government –

Pakistan Tehreek-e-Insaf, Jamaat-e-Islami and

Qaumi Watan Party – to pass a resolution in the

provincial assembly calling on the federal

government to hold local government election in the

tribal areas. They said if the federal government

failed to announce local government election in

tribal areas, they would move court and start a

protest drive.

He said that FATA was deliberately kept backwards

in all fields, particularly health and education. “Tribal

people are facing enormous hardships due to the

ongoing situation in FATA,” he observed.

He said that successive governments had failed to

mainstream and bring change in social fabric of the

tribal society. “Tribesmen are patriotic citizens, who

rendered enormous sacrifices for this motherland,”

he added.

He termed that the FATA reforms process was only

an eye washing but no practical steps were taken to

mitigate the sufferings of tribal people.

He said the democratic process was a way to bring

reforms in FATA. Therefore, he demanded the

government to hold local body elections in tribal

region like other parts of the country.

Source: http://www.nation.com.pk/pakistan-news-

newspaper-daily-english-online/national/20-Jul-

2013/fata-local-council-demands-lb-polls

Political parties discuss FATA

reforms priorities

ISLAMABAD: Eleven political parties met to discuss

reforms priorities for the tribal areas, demanding

that peace be established and fundamental rights

be guaranteed for FATA citizens.

As part of the two-day conference, the Political

Parties Joint Committee on FATA Reforms

welcomed Shaheed Bhutto Foundation and FATA

Lawyers Forum representatives, reviewed the

recently adopted Citizens’ Declaration for FATA

Reforms, and developed consolidated reforms

priorities of their own.

All eleven political parties reassert the need for

effective implementation of existing reforms. More

specifically, the FATA Committee encourages the

new government and Members of the National

Assembly to amend Article 247 of the Constitution

of Pakistan and enact further reforms for the tribal

areas. Committee members indicated that they

would soon present their consensus reform priorities

to the leaders of their political parties, all MNAs and

Prime Minister Nawaz Sharif for consideration.

To that end, the Committee welcomed the

attendance of three MNAs from FATA

constituencies at their discussions this weekend:

Bismillah Khan from NA-43 in Bajaur Agency, Al-

Haaj Shah Jee Gul from NA-45 in Khyber, and

Qaisar Jamal Afridi (PTI) from NA-47 Frontier

Regions. Balochistan Chief Minister Dr. Malik

Baloch also participated in the discussion,

expressing his appreciation for the work of the

FATA Committee and offering full support of the

National Party and the Government of Balochistan

for the Committee’s reforms initiatives for the tribal

areas. Political party representatives expressed

disappointment with the failure of the Election

Commission of Pakistan to adequately address the

committee’s recommendations for free and fair

elections in the tribal areas, submitted on December

27, 2012. Despite some effort, the Election

Commission did not provide all IDPs from FATA

with access to vote.

In addition, NADRA and the Election Commission

failed to substantially increase CNIC and voter

registration in FATA, independent judicial officers

were not deployed as election returning officers,

polling stations were too far from many tribal voters,

and provincial and local election officials did not

open direct communications with agency-level

political party leaders as the committee requested.

With complete support from the political party

leadership, 11 political parties are represented on

the FATA Committee: Awami National Party (ANP),

Page 20: FATA Reforms News Update (July-September 2013)

20

Jamaat-e-Islami (JI), Jamiat Ulema-e-Islam F (JUI-

F), Muttahida Quami Movement (MQM), National

Party (NP), Pashtoonkhwa Milli Awami Party

(PkMAP), Pakistan Muslim League Quaid-e-Azam

(PML), Pakistan Muslim League Nawaz (PML-N),

Pakistan People’s Party (PPP), Pakistan Tehreek-e-

Insaf (PTI) and Qaumi Watan Party (QWP).

In 2010, the Political Parties Joint Committee on

FATA Reforms began working together to

demonstrate their shared commitment to promoting

debate throughout Pakistan and to call for the

implementation of reforms in the tribal areas.

Today, the 11 member parties of the FATA

Committee continue to engage in discussions with

stakeholders from FATA to build consensus,

increase awareness and promote dialogue on

existing and future reforms. At the June 29 meeting,

the FATA Committee welcomed new members

Ayesha Gulalai Wazir (MNA, PTI) and Mufti Abdul

Shakoor (JUI-F).

Source: http://www.thefrontierpost.com/article/23940/

FATA reforms Jirga seeks

equal rights

ISLAMABAD: Participants of a ‘grand jirga’

(assembly) on Thursday called for implementation

of reforms in the violence-hit Federally-Administered

Tribal Areas (Fata) and sought equal status and

fundamental rights to the tribal people at par with

other citizens of the country.

Representatives from tribal areas, civil society and

political parties approved ‘Citizen’s Declaration for

Fata Reforms’ at the assembly organised by the

Shaheed Bhutto Foundation with an aim to bring the

people of tribal areas into mainstream politics.

During a news conference, the participants

demanded the implementation of amendments

made to the Frontier Crime Regulations (FCR) in

2011.

“The constitutional provisions regarding Fata need

to be amended so that Fata parliamentarians could

play a key role in legislation pertaining to the tribal

areas,” it stated.

The statement also declared that it is for the people

of Fata to determine whether they want to integrate

with Khyber-Pakhtunkhwa or want a separate

province.

The formation of a council through adult franchise

with an aim to advise the President on Fata’s needs

and the establishment of local government under

Fata Local Government Regulation 2002, were also

proposed at the assembly.

Other reforms include strengthening of khasadar,

reserve seats for tribal women in parliament,

extension of the Supreme Court and high court

jurisdiction to Fata, implementation of press and

publication ordinance, abolishment of Action in Aid

of Civil Power Regulation 2011, promotion of

education and setting up hospitals with modern

facilities.

Some of the participants termed the suggestions a

‘wish list’, saying that none of the reforms could be

enforced until the security situation improves on the

ground.

“Tribal elders should meet the prime minister if they

want enforcement of reforms in tribal agencies

rather than the President whose tenure is ending in

September,” Maulana Abdul Jalil Jan of the Jamaat-

i-Islami told The Express Tribune.

He said apart from legislation regarding FCR, all

other demands will have to be catered to by the

parliament.

Asad Afridi of Qaumi Watan Party said K-P, Fata

and Pakhtun-dominated areas of Balochistan should

be integrated into one unit to counter the militancy.

Source: http://tribune.com.pk/story/572667/fata-

reforms-jirga-seeks-equal-status-fundamental-

rights/

EU recommends FATA

constitutional reforms

The European Union (EU) presented its election

observation report following 2013 general elections

in Pakistan, including 50 reforms recommendations.

One of the observation mission’s election

recommendations deals directly with reforms for the

Federally Administered Tribal Areas (FATA), calling

for amendment of Article 247 of the Constitution of

Pakistan:

FATA Reforms Recommendation

To ensure genuine elections in FATA, further

constitutional reforms should be undertaken to

enable FATA residents to enjoy fundamental

political freedoms and civil rights as other citizens of

Pakistan do. In addition, the 12 National Assembly

representatives of FATA should be able to legislate

for FATA.

FATA National Assembly representatives are

currently not entitled to legislate for FATA since

legislative and executive powers lie with the

President and, per extension, his representative, the

Governor of KPK, and the Political Agents. To

achieve the necessary change, a constitutional

amendment is required and should be pursued by

the Parliament of Pakistan.

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21

Related International Obligations &

Commitments

International Covenant on Civil and Political Rights

(ICCPR) article 25b: “To vote and to be elected at

genuine periodic elections”.

ICCPR GC 25, paragraph 7: “Where citizens

participate in the conduct of public affairs through

freely chosen representatives, it is implicit in article

25 that those representatives do in fact exercise

governmental power and they are accountable

through the electoral process for their exercise of

that power.”

Please find below excerpts from the EU election

observation report that address FATA. At the end of

this document, please find the complete EU report.

Election Violence

During the last four weeks of the campaign, there

were a reported 130 security incidents resulting in

more than 150 people killed. Most of the attacks

were directed against candidates and supporters of

parties identified as secular, in particular the Awami

National Party (ANP) in Khyber Pakhtunkwa (KPK)

and the Muttahida Quami Movement (MQM) in

Sindh, two of the three political parties the Tehreek-

e Taleban Pakistan (TTP) had threatened, the third

being the Pakistan Peoples Party (PPP). However,

the last two weeks of the campaign saw an

increasing number of attacks against other parties

and independent candidates in all four provinces

and the Federally Administered Tribal Areas

(FATA). The federal and provincial caretaker

Governments took, in varying degrees, security

measures and made protection arrangements for

candidates.

However, the last two weeks of the campaign saw

an increasing number of attacks against other

parties including JI, JUI-F, PTI, the Baloch parties

Balochistan National Party-Mengal (BNP) and

National Party (NP), and independent candidates in

all four provinces and FATA. In most cases the

perpetrators of these other attacks remained

unknown. The security environment of the elections

in Balochistan was seemingly aggravated by

widespread threats issued by militant groups in

particular in the Baloch parts of the province against

the electoral process as a whole.

Since 11 April, there were 41 attacks in KPK and

another 41 in Balochistan, as well as 26 attacks in

Sindh, 9 in Punjab and 6 in FATA. ANP suffered 34

attacks, followed by MQM with 17 attacks. There

were 14 on independent candidates, while PML-N

was targeted 12 times, PPP 8 times, and JUI-F 6

times. Numerous other parties including NP, JI or

PTI had five or fewer attacks.

Although election day was less marred by violence

than anticipated, there was a reported total of 62

election related security incidents, including some

serious explosions, that affected all the provinces.

These mostly took place at polling stations, and

appear to be due to a mixture of terrorist and inter-

party violence. The incidents resulted in at least 64

deaths and 225 people injured (see Annex 4

Election Day Violence). Only in one NA

constituency, in FATA (Kurram Agency) were

elections cancelled for security reasons.

Media & Elections

The media provided a range of viewpoints, as well

as scrutiny of the election process. Although the

media generally enjoys freedom of speech,

journalists and editors were targeted by militant or

other groups in Karachi, some other parts of Sindh,

Balochistan and FATA, and the state authorities

took insufficient measures to protect.

The relative freedom of speech enjoyed was

curtailed in early April 2013 when numerous media

houses, and their individual editors and journalists,

received threats from various militant or other

groups who demanded printing/broadcasting of their

anti-elections messages without editing and/or

critical analysis. Prior to election day such

intimidation was experienced by staff at Dawn, Daily

Jang, Mashriq, GEO TV, Express TV, ARY TV,

Waqt TV and various less prominent media outlets

in Karachi and some other parts of Sindh,

Balochistan and FATA. The most popular

commercial TV channels were taken off air in parts

of Balochistan before the elections, due to pressure

put on cable TV operators, which further limited

access to information. State authorities did not take

sufficient measures to protect media practitioners.

Moreover, further pressure was put on outlets

following a ruling on 16 April from the Balochistan

High Court, in which the Pakistan Electronic Media

Authority (PEMRA) fined four TV stations for

broadcasting election-related messages from

banned organizations, despite the media houses

claims that these news items were aired under a

direct threat from the authoring organizations, the

TTP in particular.

Legal Structure & Political Parties

FATA has a different legal structure, and as it is

federally administered, its elected representatives

are in the NA but have a limited role in governance

of the territory. Gilgit-Baltistan, and Azad Jammu

and Kashmir are not represented in the federal

parliament. These areas have their own constitution

and elected assemblies, however they still remain

under de facto Pakistani rule.

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22

In August 2011, the Political Parties Order 2002 was

extended to FATA, allowing for parties for the first

time to have the legal right to organise and field

candidates in the tribal areas (the population of

FATA was given universal franchise in 1996). FATA

continues to have a different legal structure to the

rest of the country, one that is criticised for not being

consistent with other provisions of Pakistan’s

Constitution and Pakistan’s human rights

commitments. For example, there is a lack of

separation of powers with Political Agents (the main

administrator for an Agency appointed by the KPK

Governor) having executive and judicial authority

which compromises opportunity for independent

review and remedy.

The Constitution of Pakistan establishes a

parliamentary system of government with the

President as the Head of State and the PM as the

Head of Government. The Parliament is bicameral,

consisting of the Senate and the NA. The Senate

members, 104 in total, are elected indirectly by the

NA and the PAs for a term of 6 years.

Members of the National Assembly (MNAs) elect

four Senators for Islamabad. Twelve FATA MNAs

elect the eight Senators from FATA. Members of the

Provincial Assemblies (MPAs) elect 23 Senators

each from their respective provinces.

Constituency Delimitation

For FATA the Delimitation of Constituencies Act

states that “two or more separate areas may be

grouped into one constituency”59. FATA

constituency NA 47 covers six Frontier Regions

which are not all interconnected, making it more

difficult for candidates to campaign effectively.

On average there were 17.17 candidates per NA

constituency, an increase from 8.28 in 2008. This

included 339 candidates contesting for 12 NA seats

in FATA, of which 266 (78%) were running on party

tickets, permissible for the first time.

Rigging Allegations

The EU EOM did not observe in Balochistan or

FATA, for reasons of security. Subsequent

interviews with stakeholders from these areas

indicate significant problems on election day. In

FATA polling station accessibility was difficult with a

lack of availability of government buildings, harsh

geographical conditions and long distances

reportedly resulting in challenging journeys of up to

1.5 hours. In Balochistan, in the southern Baloch

dominated districts there was reported to be very

low turnouts of less than 10%, in part due to

blockades, while there were much higher turnouts in

Pakhtun areas. Some parties in the province

referred to fearful atmospheres referencing target

killings, intimidation, and rigging.

Following election day, although there was an

overall acceptance of the national and provincial

outcomes, there were allegations of and concerns

about “rigging” in all of the provinces. The clear

margins of victory mitigated against these various

allegations disrupting the formation of government.

The scale, seriousness and credibility of the alleged

problems are hard to assess because of the lack of

a complaints tracking system and ECP transparency

in this regard. The allegations appeared to refer to

minor irregularities and more serious questioning of

mandates. The numerous allegations were notably

against the winning parties in Punjab (PML-N) and

Sindh (PPP and MQM). Problems were

concentrated in some geographical areas, in

particular Karachi, parts of Balochistan where

unusually high voter turnouts in particular in the

Baloch areas raise questions, some FATA agencies

and parts of Punjab.

Sit-ins were organised by various parties and

candidates in all four provinces and FATA about

individual cases of alleged rigging. The media also

showed examples of problems, including stray

ballots and ballot stuffing. FAFEN and other civil

society organisations called for full publication of

results and polling station data. The EU EOM also

called for polling station scheme and results data to

be made public, in a press release dated 21 May

2013 (“EU EOM Chief Observer calls for

transparency and due process”).

Voter Participation

The ECP reports that a total of 46,217,482 voters

cast their ballots on 11 May, which makes a turnout

of 55% as compared to 35,637,072 million votes

cast in the 2008 elections. This is an increase of

30%, over 10 million. However, turnout varied

considerably with Islamabad leading with 62%,

followed by Punjab with 60%, Sindh 54%, KPK

45%, Balochistan 43%, and lastly FATA with 36%.

Balochistan is the only province where turnout

dropped in 2013, by 66,373. There were also some

very varied levels of turnout, particularly in areas

affected by violence. In an extreme case for PA 41

(Awaran, Balochistan), there was a turnout of just

1.18% (out of 57,656 registered voters), with the

winning candidate securing just 544 votes. In NA 42

South Waziristan in FATA the turnout was 11.6%

(out of 108,056 registered voters), with the winning

candidate securing 3,468 votes.

FAFEN’s ambitious plans were in some aspects

difficult to implement. In particular the security

situation in parts of the country and the accreditation

complications meant that mobilising observers was

problematic, in particular in Balochistan, FATA and

Karachi, and it was especially difficult to deploy

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23

female observers for coverage of female booths and

stations. By comparison to FAFEN’s LTOs, EU

EOM observers noted a significant reduction in

professionalism in FAFEN’s election day observers.

Women as Voters and Candidates

There continues to be a significant gender gap in

the number of registered women voters, the final ER

had some 11 million fewer female than male voters,

raising questions about the universality of the

franchise. Furthermore a breakdown by district

shows notable differences between localities, e.g. in

North Waziristan, FATA, women represent just 7%

of the total number of the voters whereas in

Wazhuk, Balochistan they are 48% of the total. This

discrepancy is attributed to difficult cultural and

practical circumstances and consequent lower

numbers of women with CNICs, obligatory for voter

registration. NADRA has made considerable efforts

to provide CNICs to women, and the total number of

women on the ER has significantly increased.

The difference is largest in FATA where women

constitute 34% of the total number of the voters,

while in Islamabad female voters´ share of total

voters is 46%. In Balochistan and in KPK women

form 42% of the total voters, in Punjab 44% and in

Sindh 45%. NADRA reports that 53.3 million men

and 41.1 million women currently have CNICs

compared to 33.3 and 20.8 million respectively in

2008.

Women vote either at a female polling station or at a

female polling booth in a combined polling station.

The ECP has not published nationwide figures of

the numbers of each of these types of polling

station. In KPK of the 9,306 polling stations, 2,187

were female and 4,704 combined. In FATA, of the

1,208 stations, 166 were female and 811 combined.

The number of female candidates contesting NA

general seats, particularly on party tickets, remained

very low. Of the 4,671 candidates, 158 were

women, 3.4%. Of these, 95 stood independently

and 66 were nominated by political parties. In total

1.4% of party nominated candidates were female.

PPP awarded the same number of party tickets to

women for the 2013 general elections as it did in

2008 (15), while the PML-N increased from 6 to 8,

MQM from 5 to 8, and PTI granted 6 tickets to

women. The majority of the parties awarded tickets

to three or fewer women, and five parties had no

women candidates on NA general seats at all

(Jamaat-e-Islami, Jamiat Ulema-e Islam-Fazl,

Mutahida Deeni Mahaz, National Party and Qaumi

Watan Party). For the first time in a general election,

there was a woman candidate from FATA. There

was a second female candidate from FATA who

reportedly resigned due to intimidation.

Notwithstanding that the number of women

candidates for NA general seats more than doubled

compared to 2008 from 64 to 161. For the PAs,

there was a small increase from 10 elected

members to 12 while the number of candidates

almost tripled from 116 in 2008 to 298 in 2013.

Internally Displaced Persons

Of the officially registered 165,427 IDP families from

FATA, some 10% live in camps and the rest stay

with relatives or host communities. Following an

order from the Peshawar High Court in January

2013, the ECP started arrangements to facilitate

IDP voting. The number of the registered IDP voters

was 345, 293 of which some 81,440 cast their votes

on 11 May. In Jalozai camp, only some 900 voters

were able to cast their votes for various reasons

(such as ER inaccuracies, lack of awareness among

off-camp voters. Re-polling was ordered in two

Khyber Agency constituencies (including in Jalozai

camp). From four Agencies and seven

constituencies from FATA. Re-polling has been

ordered for two Khyber Agency constituencies and

elections were postponed in Kurram Agency.

EU Election Recommendation #37

Women’s participation in political life: Special

efforts be undertaken to secure CNIC registration

for women, targeting especially women in rural and

conservative areas and young women, to increase

the number of women on the electoral roll.

Photographs be included on all CNICs as an anti-

fraud measure. Awareness raising on the

usefulness of having photographs on CNIC.

Change in legislation required: Desirable to be

secured in law and implemented by NADRA.

Related International Obligations: CEDAW article 7

“States Parties shall take all appropriate measures

to eliminate discrimination against women in the

political and public life of the country”. ICCPR article

25 “Every citizen shall have the right and the

opportunity… To vote and to be elected at genuine

periodic elections which shall be by universal and

equal suffrage and shall be held by secret ballot,

guaranteeing the free expression of the will of the

electors”.

There are some 11 million less women registered in

the ER than men, with the difference being highest

in FATA. Women are significantly less likely to have

CNICs than men, with the difference being

particularly marked in KPK and Punjab and amongst

18-24 year olds. Photographs on CNICs are not

obligatory for women, which leaves room for

manipulation. Photographs are required for going to

Hajji (in passports and for visas), also for the

Benazir Income Support Programme).

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24

EU Election Recommendation #50

Genuine elections in FATA: Further constitutional

reforms be undertaken to enable FATA residents to

enjoy fundamental political freedoms and civil rights

as other citizens of Pakistan do. The 12 National

Assembly representatives of FATA be able to

legislate for FATA.

Change in legislation required: Constitutional

change required; to be implemented by parliament.

Related International Obligations: International

Covenant on Civil and Political Rights (ICCPR)

article 25b “To vote and to be elected at genuine

periodic elections”. ICCPR GC 25, paragraph 7:

“Where citizens participate in the conduct of public

affairs through freely chosen representatives, it is

implicit in article 25 that those representatives do in

fact exercise governmental power and they are

accountable through the electoral process for their

exercise of that power.”

FATA NA representatives are not entitled to

legislate for FATA since legislative and executive

powers lie with the President and, per extension, his

representative, the Governor of KPK, and the

Political Agents.

Source: http://www.eueom.eu/pakistan2013

FATA women demand more

representation in reform

agenda

PESHAWAR: Expressing concern over lack of

women representation in the Fata Grand Assembly

(FGA), members of a tribal women forum on

Wednesday demanded reforms be reviewed and

proper representation be given to women in the

assembly.

Addressing a press conference at the Peshawar

Press Club, Irum Bibi, a representative of Takra

Qabili Khowende (TQK) meaning ‘Stronger Tribal

Sisters’ – a social forum of tribal women – said

successive governments had only raised hollow

slogans for streamlining the Federally Administered

Tribal Areas (Fata). She added no serious steps

had been taken in this regard.

Bibi said no senior official paid a visit to Fata during

the last five years, which was a matter of grave

concern on the part of the former democratic

government. “Tribal women and children are the

worst affected due to the ongoing situation in Fata.

They are compelled to leave their hometowns,” she

observed.

Bibi added the forum was constituted to accelerate

the process of reforms and take serious steps for

mitigating the suffering of tribal people.

She welcomed the FGA but regretted women were

not given clear representation and there was no

specified clause mentioned for their rights. She

stressed all reforms should be reviewed with their

consultation before being sent to the president for

approval.

Irum maintained some parties had raised their

hopes by promising to streamline Fata before the

elections, but none of them made any plausible

efforts to ensure that.

She also expressed concern over the imposition of

direct and indirect taxes, which she said was ‘sheer

injustice’. “Tribesmen are already suffering a lot and

now the government has set up these policies,” said

Bibi, demanding the government to immediately

review its decision and provide relief to tribal people.

She also demanded more women be included in the

justice and administrative process for women

empowerment.

Source: http://tribune.com.pk/story/575221/unfulfille

d-promises-fata-women-demand-more-

representation-in-reform-agenda/

Zigzag moves on FATA (I.A.

Rehman)

THE approach to reforms in the tribal belt recently

suggested at two civil society platforms merits

serious attention by the government,

parliamentarians and political activists. At the same

time, it is necessary to stop moves to curtail non-

governmental efforts for the uplift of the people in

the tribal areas.

That the absence of a popular, democratic and just

order in the Federally Administered Tribal Areas, or

FATA, lies at the root of one of the most serious

challenges to peace and security in the country can

hardly be disputed. If this problem had been

addressed over the wasted decades it might have

been easier to deal with the militancy that is now

posing a grave threat to Pakistan’s democratic

premise and integrity.

Islamabad’s reform plans for FATA have not made

much headway because these have been inspired

by a desire to tighten state control over the tribal

people and their affairs. The people of FATA see

even references to their fundamental rights as

encroachments on their political and cultural

autonomy. Their alienation from Pakistan has been

particularly marked in areas where troops were the

first representatives of the state seen by them.

Thus, the paramount need now is formulation of a

reform strategy from the viewpoint of the tribal

population and securing their support and

participation through all stages of planning and

Page 25: FATA Reforms News Update (July-September 2013)

25

implementation. That apparently is the route taken

by both civil society organisations for many years.

First, the Shaheed Bhutto Foundation organised a

‘FATA grand assembly of reforms councils’,

attended by more than 300 “tribal elders, religious

clerics, political and social activists, and other

citizens”. Held in the presence of the KP governor,

the assembly adopted a 19-point citizens’

declaration. In a simplistic flourish the authors of the

document added a special note: “The participants of

the FATA Grand Assembly strongly demand

restoration of peace in FATA by the government

and other concerned authorities.”

The demands made in the declaration cover a large

area — education at grassroots level, functional

hospitals, infrastructure, defence of property rights,

reserved seats for women in parliament, reform of

the jirga system, and a development package that

will create prosperity and job opportunities.

The more critical demands are political and judicial.

Complaining that the 2011 amendments in the

Frontier Crimes Regulation (FCR) are not being

implemented, the assembly has demanded that the

FCR should be substantially amended or annulled,

so that the fundamental rights of the Fata people

can be respected.

It has called for FATA parliamentarians’ due role in

making laws for their people and the election of a

council that should recommend the territory’s future

status. Priority is attached to the establishment of

local government institutions.

The people of FATA have long been demanding the

right to make laws for themselves. The issue has

been lost in a barren debate on whether

FATA should be merged with KP or made into a

separate province. The Constitution allows the

president to change the territory’s status after

ascertaining the wishes of the people. A council

especially elected could produce a consensus.

A clear-cut demand is that the Actions in Aid of Civil

Power Regulation 2011 should immediately be

repealed. While most other demands will take time

to be processed action can soon be taken to undo

the offence this regulation has caused to the tribal

population.

The message from FATA citizens is that they are

willing to embrace the modern concepts of

governance, basic rights and the rule of law

provided they are taken into confidence and allowed

to own the process of their socio-political advance.

This message came through even more strongly at

a presentation on the justice system organised by

the Community Appraisal and Motivation

Programme (CAMP).

CAMP’s report, Understanding Justice Systems of

Khyber Pakhtunkhwa, FATA and Balochistan — the

Pakhtun perspective, contains the findings of

extensive surveys and focused discussion groups

on the formal (Pakistan code) and informal (jirga)

systems of justice. That most Pakhtuns everywhere

prefer their jirga to the formal system is not

surprising. Nor are the reasons for rejecting the

formal system — that it is expensive, subject to

delays, and corrupt.

While a majority of respondents admit that the jirga

system does not offer justice to women and

minorities, the study finds support for bringing

changes in the jirga system; men are seen to be

supportive of the inclusion of women and minorities;

and respondents have shown their willingness to

include the elements of human rights, women’s

rights and the Sharia while bringing jirgas into

compliance with the Constitution and international

human rights standards.

However, the Pakhtuns are determined to keep the

jirga system intact and its integration into the formal

justice system is not acceptable.

The organisation also reports its success in

changing unjust customs through the jirga system

and in “convincing tribal elders to ban certain bad

practices against women’s rights in FATA”.

Regardless of the reservations one may have about

these studies, the value of the two organisations’

work lies in the fact that it confirms the tribal

people’s amenability to change. Civil society actors

belonging to the tribal areas have won their

communities’ trust to an extent the government

functionaries have never been able to manage.

Changing the mindset of the tribal people is going to

be more difficult than opening the Pakistani rulers’

mind to reason. In this situation imposing bans on

the working of civil society organisations in FATA or

restricting their activities there is absurd and

amounts to denying the tribal people’s right to

benefit from humanitarian and development

programmes launched by non-government

organisations.

It is difficult to believe that it is Islamabad’s policy to

insulate the tribal population from the winds of

change. All restrictions on civil society’s legitimate

activities in FATA must be withdrawn forthwith.

Source: http://dawn.com/news/1024386/zigzag-

moves-on-fata

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26

Political Reforms in FATA (Amir

Abbas Turi)

The Federally Administered Tribal Areas (FATA),

considered to be among the most dangerous places

on earth today, was a peaceful territory prior to 9/11

– despite its governance problems. After the

18th constitutional amendment, powers of state

executive were transferred from the President of

Pakistan to the parliament. However and despite

such measures, the President, instead of the

parliament, still holds an authoritative position for

decision making in tribal areas. Article 247 of the

Constitution of Pakistan renders MNAs and

Senators from FATA powerless to legislate for their

respective constituencies.

Political reforms in FATA are the need of the hour.

Pakistan has been besieged by hostile militants.

Keeping in view the current scenario, political

reforms in FATA are the need of the hour. In order

to implement writ of the state in the region, a

constitutional amendment is a required. Currently,

clause 3 of article 247 restricts parliament’s

legislation to be implemented in the region, unless

the President–through the governor of Khyber

Pakhtunkhwa–directs that legislation be extended to

the tribal areas. Currently, the ages old Frontier

Crimes Regulation (FCR), the draconian law, is still

the law of the land in FATA.

Parliament must act immediately to remove the self-

imposed bar from legislation for tribal areas.

Similarly, a constitutional amendment should be

proposed to omit section 247 of the Constitution of

the Islamic Republic of Pakistan. Once the

lawmakers are rendered capable of legislating for

FATA, they would replace the century-old Frontier

Crimes Regulation with the Pakistan Penal Code

(PPC). Likewise, an immediate halt to the military

operations within the region must be ensured for

securing the trust and corporation of local tribal

citizens.

Furthermore, the incumbent government should

take a firm stance for putting an end to drone strikes

in the region, which are not only a brazen violation

of our sovereignty and international law but also

responsible for civilian causalities. In order to

resolve the internal security threat, local tribal

leaders must be taken on board in the dialogue

process and must be guaranteed their rights in a

new governance system.

Finally, implementation of these reforms will ensure

local support and bring the people of FATA in the

national ambit. Sometimes, the conservative Islamic

ideology is wrongly interpreted as fundamentalist

and extremist. Providing people of FATA a right to

govern will open communication channels and help

to change the global perception about this region.

Conflict in the region can be mitigated only when

Majlis-e-Shoora (parliament) proposes a

21st constitutional amendment for political reforms in

FATA to end the social deprivation of local people in

the tribal areas.

The writer is a social activist and hails from Kurram

Agency in FATA.

Source: http://pakteahouse.net/2013/07/28/political-

reforms-in-fata/

Learning from the past and

looking forward in FATA (Raza

Shah Khan)

Without peace, development is not possible. And

peace in FATA can only be achieved though good

governance and rule of law.

Much has been discussed and debated about the

Frontier Crimes Regulation (FCR) and Article 247 of

the constitution of Pakistan. Everybody talks about

the issues of poverty, corruption, militancy, low

literacy and lack of justice. Everybody agrees that

the current state of FATA urgently needs reforms,

but no one has the answer to when and by whom

such reforms will take place to bring FATA into the

mainstream of Pakistan.

The problem in FATA doesn’t lie with the people of

FATA. The real problem is how they are governed.

If we look back at history, crimes have remained

lower in FATA as compared to the rest of Pakistan,

and there was a great respect for government

officials and institutions, including foreign diplomats

and outside visitors.

Past and Present

The Afghan war from 1979 to 1989 entirely changed

the dynamics of power in the region. I will not going

into details about who funded and supported the

holy war in Afghanistan–including the West and

Middle East, against the former USSR, utilizing poor

and illiterate tribesmen and misusing religion as a

means to wage Jihad as is now an evident fact.

Since then, however, they are reaping what they

sowed.

The 9/11 incidents, the war on terrorism, suicide

attacks and the daily suffering of the people of

Pakistan and around the world are the result of the

wrong and unethical policies of the concerned

states.

Lack of leadership and decisions at the national

level in Pakistan further contributed to the

worsening situation in FATA. Both local and

international actors used the region for their own

Page 27: FATA Reforms News Update (July-September 2013)

27

interests without doing anything for political,

economic, legal and social reforms in FATA and

overlooked the fundamental rights of the local

people in the context of achieving broader strategic

objectives.

They focused on their own objectives and then left

the people to their own fate or to the fate of those

who they empowered during the long Afghan war

and afterwards.

Most of the time, FATA is only seen through a

security paradigm rather than its potential in the

context of socio-economic development, which

could significantly contribute towards national and

regional cooperation, stability and peace.

The Reforms Agenda

Reforms for FATA have been discussed in the past

and some positive steps were taken by the previous

government, particularly the amendments to the

FCR and the extension of the Political Parties Order

in 2011. The amendments, however, have not yet

been fully implemented.

The need for FATA reforms is under discussion in

various social, political and development sectors

nowadays. It has never got such importance and

focus in the past. Therefore, this is the right time to

take bold decisions–without delay–as the current

state of FATA can’t be governed by a more than

century-old FCR.

The world has changed. Most of the world’s stable

democracies are finding new ways of participatory

democracy and governance. They are looking

forward with a positive vision, while here we are still

discussing and debating 18th century laws enacted

by the British Raj under which the people of FATA

are being governed.

The efficiency of state institutions in Pakistan can be

judged by the fact that even they were unable to

change the term “Political Agent” used in the 18th

century to something like an “Agency Administrator”.

Moving Forward

If a majority of the people agree on reforms in

FATA–enabling the tribesmen to have their

fundamental rights–then why should there be such a

delay in taking decisions on the matter.

The general public looks towards leaders to take

such decisions. Leaders should have the courage

and commitment to take bold decisions. Lack of

efficient governance in FATA–where the voices of

the general public are rarely heard or understood at

the leadership level–is one of the major factors of

the underdevelopment and unstable situation in

FATA.

All of the reforms suggested from time to time either

by the people of FATA or by other political and civil

institutions of Pakistan are genuine. These reforms

are also a cause fpr bringing peace and prosperity

to the FATA region. However, personal and

collective wishes for selective reforms should not

undermine the basic and democratic rights of the

people of FATA.

If all agree, then the leadership in Pakistan should

strive for a “Now or Never” policy and extend all the

legal, political, economic and social services to

FATA just as they are in other parts of Pakistan.

I believe that the delay in advancing FATA reforms–

including the implementation of previous reforms–

could do nothing good, but rather will provide the

space and situation for lawlessness and militancy.

Without peace, development is not possible. And

peace in FATA can only be achieved though good

governance and rule of law.

A broader political and economic vision is needed,

one that views FATA as a region where the huge

human potential and rich natural resources can be

positively exploited, in an ethical way for the

common good. Such an approach will significantly

contribute towards exploring new ways of economic

and social regional integration.

The prerequisite, however, for such a situation is

bringing FATA into the mainstream of Pakistan and

treating the tribal people as equal citizens of

Pakistan.

Sustainable Peace & Development Organization

(SPADO): http://spado.org.pk/

ICG recommends constitutional

amendment for FATA

To restore parliamentary sovereignty, as envisioned

in the original 1973 constitution, the National

Assembly and Senate of Pakistan should pass a

constitutional amendment to extend parliament’s

remit to the Federally Administered Tribal Areas

(FATA).

Parliament’s constitutional remit does not, for

example, extend to the Federally Administered

Tribal Areas (FATA). The recent reforms,

particularly the eighteenth constitutional

amendment, have strengthened parliamentary

democracy but failed to remove some of the

constitutional distortions of past military regimes.

The National Assembly’s remit did not, however,

extend to the Federally Administered Tribal Areas

(FATA) or Provincially Administered Tribal Areas

(PATA). To date, no acts of the national or

provincial legislature extend to those regions without

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28

presidential assent. Both maintain parallel legal

frameworks. FATA citizens are denied fundamental

human, political and economic rights, and lack

representation at the provincial level and access to

a formal justice system.10 While limits on

parliamentary authority in the FATA context were

built into the 1973 constitution,

subsequent amendments during military rule

abolished the concept of parliamentary

sovereignty almost entirely.

The laws are also inadequate because many

provisions give legal cover to the

military’s intelligence agencies, instead of building

the police and civilian intelligence agencies’

capacity to counter terrorism and extremism through

law enforcement. The military’s control over national

security was amply demonstrated when it

successfully pressured President Zardari to expand

its powers to counter militancy in FATA and PATA

without legislative endorsement. In August 2011, the

president promulgated the Actions in Aid of Civil

Power (AACP) regulations for FATA and PATA,

giving the military virtually unchecked powers of

arrest and detention there.

The human rights standing committee must press

the executive to establish the commission, urgently

address the worsening human rights environment

and build the legislative consensus to reverse the

discriminatory Zia-era legislation. Parliament should

also urge the president to revoke the AACP in FATA

and PATA, which has given legal cover for the

military’s human rights abuses.

Read an extended summary and download the

complete International Crisis Group (ICG) report

below:

Parliament’s Role in Pakistan’s

Democratic Transition

Asia Report N°249, 18 Sep 2013

EXECUTIVE SUMMARY AND

RECOMMENDATIONS

Because of repeated direct or indirect authoritarian

interventions during Pakistan’s history, its

parliaments have either been absent, short-lived or

rubber stamps for the military’s policies, their

proceedings hollowed out and meaningless. Even

under civilian rule, an overactive judiciary has

repeatedly encroached on parliamentary

prerogatives, while the executive branch has

dominated the governance agenda; legislative

advice and consent has been more a matter of form

than substance. Five and a half years after the

democratic transition began in February 2008, the

legislature is still developing its institutional identity.

The thirteenth National Assembly (2008-2013), led

by the Pakistan Peoples Party (PPP), was far more

assertive. Some of the most prominent committees

exercised their authority to oversee the executive

and to engage the public. But the political system

will remain unstable so long as the legacy of military

rule is kept alive. The current legislature must

resume the unfinished work of democratic reform if

it is to fully restore parliamentary sovereignty and

stabilise a volatile polity.

The 2013 elections and their aftermath marked the

first-ever transition from one elected government to

another, 40 years after the 1973 constitution

established a federal parliamentary democracy.

While the previous parliament missed many

opportunities for reform, it nevertheless passed

major legislation to restore democratic governance.

It also represented an era of bipartisan cooperation

that was unlike the vendetta-driven, winner-take-all

politics of the 1990s democratic interlude.

The key achievement of the thirteenth National

Assembly was the eighteenth constitutional

amendment, passed unanimously in April 2010.

This removed many of the constitutional distortions

of General Pervez Musharraf’s military regime,

enhanced fundamental rights and laid the

foundations for more transparent and accountable

governance. Its most consequential provision was

the devolution of power from the centre to the

provinces, addressing a longstanding political fault

line that had largely contributed to the country’s

dismemberment in 1971. The shift towards greater

cooperation across the aisle also helped ensure the

survival of a fragile political order that faced

constant challenges from an interventionist military

and a hyperactive judiciary.

The second phase of the democratic transition now

underway offers opportunities to entrench

parliamentary democracy. With incumbents losing at

the centre and in all but one province in the 2013

elections, the parties now in power at the federal

and provincial levels, particularly Nawaz Sharif’s

Pakistan Muslim League (PML-N), must prioritise

governance and deliver on campaign pledges if they

are to retain their positions. The opposition parties,

too, should realise that they will be better placed to

unseat their political rivals if they are an effective

government-in-waiting in parliament, presenting

alternative policies, budgets and other legislation,

rather than merely obstructing ruling party proposals

and bills.

If the legislature is to respond to public needs and

also exercise oversight of the executive, it must

reinvigorate the committee system that was largely

dormant during Musharraf’s military regime. While

several important committees were far more active

in the previous assembly, pursuing official misdeeds

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29

and even questioning the military’s role in the polity,

legislation was not enacted to provide for

parliamentary authority to hold the security

apparatus, including its intelligence agencies,

accountable.

The committees’ additional value lies in their ability

to lead the debate on specific policies; conduct

detailed investigations and inquiries on issues of

public importance; and engage civil society in the

legislative process. Particularly urgent issues

include electoral reform, public expenditure and

budgetary allocations, law and order and human

rights.

There is still a long way to go. Committee

achievements to date have been largely due to

proactive members, usually the chairs, rather than

broader institutional capacity. For committees to

fulfil their potential, their members require much

more research, analysis and technological support.

They currently lack dedicated, trained staff, a

problem that also plagues the National Assembly

and Senate secretariats. Library resources are

likewise inadequate, with the upper and lower

houses maintaining separate facilities that

unnecessarily add to costs without producing better

research. As a result, committees depend on briefs

from the executive, often prepared by an

unreformed bureaucracy that, like its military

counterpart, has little interest in strengthening

representative institutions.

The committees, moreover, operate within a

broader parliamentary framework that is still pitted

with gaps, some legal, some political. Parliament’s

constitutional remit does not, for example, extend to

the Federally Administered Tribal Areas (FATA).

The recent reforms, particularly the eighteenth

constitutional amendment, have strengthened

parliamentary democracy but failed to remove some

of the constitutional distortions of past military

regimes, particularly Islamisation provisions that still

undermine the legislature’s authority. To become

more dynamic and assume its role as a co-equal

branch of government, the new parliament should

build on its predecessor’s steps, putting itself at the

centre of the domestic and foreign policy debate.

RECOMMENDATIONS

To restore parliamentary sovereignty, as envisioned

in the original 1973 constitution

To the National Assembly and Senate:

1. Pass a constitutional amendment package to:

a) repeal Article 227, which prevents parliament

from passing laws that violate “Islamic injunctions”;

b) abolish the Federal Shariat Court, which

undermines legislative authority; and

c) restore Articles 62 and 63 to their original form,

repealing all arbitrary morality clauses for electoral

candidates.

2. Pass a constitutional amendment to extend

parliament’s remit to the Federally Administered

Tribal Areas (FATA).

To enhance parliament’s power of the purse and to

reinvigorate the committee system

To the Government of Pakistan:

3. Abolish discretionary development funds for

parliamentarians.

4. End the practice of passing large supplementary

budgets, ex post facto, and instead require that

supplementary appropriations be approved by

parliament before the money can be spent.

5. End the practice of using statutory regulation

orders (SROs) to override the legislature in

enhancing or reducing taxes and duties on specific

goods.

To the Parliamentary Standing Committees:

6. Hold regular hearings on relevant ministry

performance, summoning federal secretaries and

other high-level officials to testify on their

performance, including execution of policy and use

of financial and other resources.

7. Review ministries’ proposals before the budget’s

formulation, and use the process also to assess the

value of government programs and policies, through

consultations with officials, civil society and

constituents; and in the case of the National

Assembly’s finance and revenue standing

committee, hold pre-budget consultations, with

chambers of commerce, trade union, small

business, industry and other civil society

representatives.

8. Exercise their authority to review expenditures of

ministries and departments at the end of the budget

cycle and hold officials accountable for anomalies.

9. Hold regular public hearings on issues under

their remit, inviting government, non-government

and private sector experts; ensure a wide range of

opinion when preparing the witness list; and respect

all – including potentially contentious – viewpoints.

To assert civilian control over the security apparatus

and to reform the criminal justice system

10. The parliamentary committee on national

security should hold public hearings on issues under

its remit, with a wide range of government and non-

government witnesses.

11. The National Assembly should rigorously

debate the annual budget when it is introduced and

Page 30: FATA Reforms News Update (July-September 2013)

30

also demand greater transparency in defence

allocations.

12. The mandate of the defence and interior

committees should be expanded to include

oversight of military and civilian intelligence

agencies.

13. The defence committee, in the case of the

military’s main intelligence agency, the Inter-

Services Intelligence (ISI) directorate, and the law,

justice and human rights committee, in the case of

the civilian-controlled Intelligence Bureau (IB),

should draft legislation defining the legal parameters

and civilian chains of command.

14. The standing committees on interior and law,

justice and parliamentary affairs should draft

legislation to modernise the basic bodies of criminal

justice-related law: the Pakistan Penal Code (PPC),

Criminal Procedure Code (CrPC) and Evidence Act.

To strengthen parliamentary functioning

To the National Assembly and the Senate:

15. Give all committee members a work space and

adequate staff.

16. Enhance standing committees’ oversight of the

executive branch by empowering them to vet and

approve senior civil service appointments proposed

by the Federal Public Services Commission, to

ensure they are made on merit rather than personal

or political affiliation.

17. Enforce the requirement that each standing

committee submit an annual report on its activities

that goes beyond an account of proceedings to

analysis of its impact on policy.

18. Extend protection of parliamentary speech to

witness testimony in parliamentary hearings; and

enhance transparency of parliamentary proceedings

by setting a threshold for closed-door hearings,

such as consent of one quarter of a committee’s

members on the request of a witness whose

security is endangered; and discussion of classified

or other confidential information.

19. Build the capacity of the National Assembly and

Senate secretariats to support parliamentary

committees and parliamentary work in general by:

a) establishing and enforcing clear educational and

professional criteria for appointments to the

secretariats;

b) developing and enforcing a uniform code of

conduct for the National Assembly and Senate

secretariats;

c) training specialists, including legal draftsmen,

archivists, researchers and policy analysts, on

policy issues and parliamentary procedure; and

d) merging the National Assembly and Senate

libraries, with a consolidated research and analysis

wing, and ensure the stock is continually updated.

Islamabad/Brussels, 18 September 2013

Source: http://www.crisisgroup.org/en/publication-

type/media-releases/2013/asia/parliaments-role-in-

pakistans-democratic-transition.aspx

fatareforms.orghttp://www.fatareforms.org/supreme-

court-bar-association-fata-resolution/

Supreme Court Bar Association

FATA Resolution

The 15th Executive Committee of Supreme Court

Bar Association of Pakistan in its 10th meeting held

on August 22nd 2013 fully endorsed the

presentation made by FATA Lawyers Forum

regarding the writ of Government and Jurisdiction of

High Court and Supreme Court in FATA. The

Executive Committee has unanimously resolved as

under:

“That FATA is part of Pakistan for all practical

purposes, therefore, not only the writ of the

government should be fully exercised there but also

the Legal system of Courts and Jurisdiction of KPK

High Court and Supreme Court be extended and

implemented in letter and spirit. And in this respect

Supreme Court Bar Association assures the FATA

Lawyers Forum that all government, non-

government and Judiciary forums will be activated

and supported in the above context.”

Javed Iqbal Raja, Secretary, Supreme Court Bar

Association of Pakistan, 22 August 2013, Ref:

Sec/SCBA/257

Source: http://www.slideshare.net/fatanews/suprem

e-court-bar-fata-resolution-2013-0822

Corruption stops real reform for

tribal people

FATA should be merged with Khyber Pakhtunkhwa

or given provincial status like Kashmir and Gilgit

Baltistan.

9/11 caused the demolition of US buildings but its

real trash fell upon the Federally Administered Tribal

Areas (FATA) in Pakistan. This trash still exists and

tribal people are busy cleaning those or have been

forced to do so.

Tribal people are those unlucky people who have

been chained by the black laws of FCR since British

imperialism. FCR is such an inhumane law which is

against basic human rights as well as in opposition

to the 1973 constitution.

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31

On one hand the black law of FCR, while on the

other hand the persecution of Khans and Maliks

have exploited tribal people for their vested interests

through political and financial tactics such an extent

that I believe that they will not be able to reconcile in

the coming 100 years.

Today the extension of political reforms to FATA

again fell prey to the tactics of Khans and Nawabs,

and common people have no share in that neither

from government nor from political parties.

Again tribal have been left at the mercy of these

people, the so called tribal elders, who have

established training camps in the region after 9/11

at the green signal of some departments. In the

aftermath of that, the military operation has been

launched in the region causing loss or injuries of

some 200,000 lives.

Adding further fuel to the fire, these tribal elders

have formed peace committees in some areas

which further aggravate the situation.

In the past, tribal people have shed blood for the

independence of Kashmir, today Kashmir has

provincial status with its own parliament, judiciary

and budget, while the tribal areas have been kept

deprived of the basic necessities of life, such as

roads, electricity, education, hospitals, water and

even law.

The hegemony of the Political Agent (PA) is all-

pervasive and it is up to him what sort of name he

gives to somebody either bad or good, to kill

somebody or to free somebody, to confiscate some

one’s wealth, no one can do audit of PA or make

him accountable.

No one takes care of tribal people. Parliamentarians

cannot legislate. If some international organizations

plan to work for the uplift of tribal people, they are

not permitted to do so and if allowed then the

authorities try to take all the credit of that good deed

or give the impression that tribal people are against

development.

Many times, funds have been allocated for the

construction of roads but some want to keep the

tribal areas backward or want to utilize the funds for

their own benefits which often meet with fiasco.

The political reforms have given hopes to tribal

people, but old stories have been repeated and

incapable and ineligible people were elected; people

who cannot even write, let alone legislate and

understand laws.

Now some political parties have raised their voice,

but their voice is for their own interests.

FATA should be either merged with the settled

areas or should be given provincial status like that

of Kashmir and Gilgit Baltistan. Furthermore, it is

essential that tribal people have representatives in

the KP Assembly.

Sincere people are needed who do not work for

their own political and financial gains. People are

needed who strive for tribal people on each and

every forum. If through collective action or some

other way, it is possible and thanks to God that the

process has been started.

This FATA Reforms Blog post was written and

submitted by a 10th grade student from Bajaur

Agency. Click here to submit your contribution to the

Blog.

fatareforms.orghttp://www.fatareforms.org/zar-ali-khan-

fata-reforms-recommendations/

Zar Ali Khan FATA reforms

recommendations

Issues and impediments in the way of

development in FATA

1. FATA members elected by the people of FATA

cannot legislate for FATA and none of the laws

passed in the parliament apply to FATA.

2. FATA has no representation in any provincial

assembly.

3. Women and minorities are deprived of

representation, unlike in the rest of the country.

4. There is no representation for FATA technocrats

in the National Assembly or Senate of Pakistan.

5. Absence of local government elections.

6. Absence of all civil laws.

7. Lack of credible monitoring system in FATA.

8. According to 1973 Constitution of Pakistan,

FATA is part of Pakistan. Despite this, the

people of FATA have not been given all rights

guaranteed to civilized people in a civilized

society.

9. The Press and Publication Ordinance does not

exist to FATA. Therefore, tribal citizens are not

entitled to publish newspapers or journals in

FATA.

10. There are serious problems with land settlement

in FATA. Recently, the Land Acquisition Act

(1849) was extended to FATA, but its

implementation is still an issue.

11. The Frontier Crimes Regulation (FCR) gives the

political agent more power than a king had in the

past.

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32

12. The Supreme Court and High Court have no

jurisdiction in FATA.

13. The Jirga system is said to have been corrupted.

14. Extremism and militancy have increased to such

a level that it has caused more than half of the

total population to leave FATA and migrate to

comparatively safe places in settled districts of

Khyber Pakhtunkhwa province.

15. Economy and business activities have been

destroyed due to the out-dated system, and

supposedly as a result of the military ongoing

war against terrorists as well.

16. The education system in FATA has been

completely destroyed. Schools, especially girls’

schools, have been bombed or ruthlessly

bulldozed by so-called terrorists.

17. Girls are not allowed to go to school without a

male member of the family. Girl students are

frequently threatened to be killed or abducted.

18. Abduction for ransom is increasing in FATA.

19. Many people—particularly students and girls—

have become mental and psychological patients

due to high stress and depression. Many are

also heart patients.

20. Mobility has been badly impacted in FATA.

21. Article 247 of the Constitution of Pakistan is the

main reason for “backwardness in FATA”. It

needs to be amended to give legislative power

to the national parliament

22. The constitutional status of the FATA should be

clarified.

Recommendations

1. An elected FATA council is needed. The council

should be empowered to present

recommendations to the President of Pakistan

regarding the future of FATA.

2. The role of tribal Jirgas in hearing civil and

criminal cases should be eliminated. Civil and

criminal courts should be established at tehsil

and agency levels, presided over by civil and

criminal judges.

3. Defendants should be guaranteed the right to

legal representation and to appeal to higher

courts. The jurisdiction of the Peshawar High

Court and the Supreme Court of Pakistan should

be extended to FATA.

4. Private investment and economic growth should

be encouraged by:

5. Developing the physical infrastructure of the

tribal agencies, including viable road networks,

farm-to-market roads, as well as energy and

irrigation projects;

6. Facilitating interest-free loans and removing

restrictions on lending to FATA citizens; and

7. Making the education system in FATA a top

priority to bring FATA students at par with

students in other parts of the country.

8. As the Afghanistan-Pakistan relationship is the

basis for peace and development in FATA,

positive and constructive steps should be taken

by both governments to ensure cordial and

friendly relations.

9. All non-governmental organizations (NGOs) and

civil society organizations (CSOs) should be

allowed to work for social and economic change

in FATA.

10. All camps of extremists and militants should be

eliminated from FATA.

11. All rights which a civilized human being has

should be guaranteed for FATA citizens.

12. All Pakistani laws relating to women should be

extended to FATA. The rights of tribal women

should be protected at all cost.

13. The Press and Publication Ordinance should be

extended to FATA.

14. Engineering universities, medical colleges and

hospitals should be established for the people of

the tribal areas at agency and FATA levels.

15. Economic “opportunity zones” should be

constructed, bringing prosperity and

development to FATA.

Source: http://www.fatareforms.org/zar-ali-khan-

fata-reforms-recommendations/

Reforms needed for FATA

development (Muhammad

Shahid Battani)

Development of an area is essentially dependent on

two important factors: 1) availability of capital, and

more importantly 2) the system of administration.

Unfortunately, in our country, bureaucracy and

politicians focus more on the money rather than on

the system of administration. No doubt, capital is

important and necessary for development. But

unless there is an effective mechanism for right and

judicious use of funds, they go down the drain. In

many cases, such mismanagement results in

money creating social discontent rather than

positive development.

In the case of FATA, this anomaly is more

pronounced than in the rest of the country. This

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33

deficit is largely a result of the peculiar system of

administration in the troubled and unfortunate tribal

areas.

In this article some critical flaws in the

administration system of FATA are discussed, along

with their remedies. Hopefully, this assessment will

serve to assist efforts for eventual and real

development in FATA.

1) Concentration of power

The single office of Political Agent has several

powers serving as administration officer, judge,

finance officer, security officer, monitoring &

supervision authority and head of 16 technical (line)

departments in a respective agency. Imagine these

diverse responsibilities being shouldered by a single

person, particularly given complex internal dynamics

and the deplorable security situation in tribal

agencies.

Each political agent is responsible for many things

at once. As a result almost, most important

decisions remain pending and nothing gets done.

Simply put, political agents do not have time to do it

all.

The post of Additional Political Agent has been

created. However, this position has no proper job

description or clearly indicated responsibilities.

Sometimes he is told to work on monitoring and

other times on finance or planning, etc. His office is

sandwiched between the office of political agent and

those of assistant political agents. This results in an

inefficient tug-of-war between the additional and

assistant political agents.

Recommendation 1: There should be a separate

finance officer, security officer and two judges

(assisted by a small council of local elders) for each

agency. The political agent should serve only as

agency administration officer.

2) Nomination (nikkat) system

Currently, annual developmental schemes (school,

dispensary, roads, water wells, establishment of

orchards, fruit nursery farms, allotment of tractor

hours, etc.) are all given to specific single persons.

These frequent recipients are predominantly maliks

on permanent nomination (nikkat) selected by the

political agent.

This method is called the “nomination system”,

adopted initially by our colonial rulers to show

personal gratification to local maliks. The system

was design to suit colonial interests and not for the

larger public interest.

Under the “nomination system”, a malik considers

each scheme as personal property and not as public

or belonging to the government. After scheme

completion, however, maliks are not made

responsible for the functioning of the new facility.

This is the primary culprit behind the large number

of defunct schools, hospitals, tube wells and other

development schemes.

In many cases, maliks do not allow duty staff to

reside at the new facility or to perform their duties

on daily basis. Nominees often take the cash

directly from small schemes.

These mailks is often interested only in taking their

Class IV salaries on a monthly basis and not in the

service or development of the area. As a result, this

system causes quarrels among tribes and sub-tribes

resulting in unnecessarily long delays (sometimes

years) in implementing development projects.

Another serious problem is that this practice results

in there being several schools in some villages and

none in others. At times, one person or family living

far away from a populated village has access to

many facilities whereas the village itself is denied

services.

These issues result from the mere whims and

desires of the political administration. Due to the

nomination system, all Association for Development

of Pakistan (ADP) schemes are bought and sold

and not decided based on community needs.

Recommendation 2: Developmental schemes

should be sanctioned on the basis of need and not

based on the “nomination (nikkat) system”. If

nomination is inevitable, then projects must be

subject to prior feasibility studies by the concerned

line department. Moreover, nominations must be

time-bound and should not exceed one month.

3) Line department division of labor

Line departments are actually technical departments

that have specialties in particular public services. In

fact, these departments are the real institutions that

serve and develop society. Unfortunately in our

country, however, these departments are

subservient and at the discretion of generalist

administrators who have little technical knowledge

regarding development in FATA (except some with

backgrounds in natural sciences).

In FATA, the dozen or so line departments (health,

education, irrigation, agriculture, etc.) can only

propose developmental schemes. Final approval,

however, rests with the political agent.

The political agent, on the other hand, has the

authority to recommend technical developmental

schemes without consultation or a feasibility study

by the concerned line department. Line departments

do not even have the authority to execute small

schemes (wells, water ponds, etc.), even if it is

urgently needed by the people.

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34

Line departments are required to propose schemes

and wait for their approval and subsequent release

of funds by the political agent. This process can

take several months and sometimes years. Due to

this long and quarrelsome process, allocated funds

are sometimes not utilized in the current financial

year and must be surrendered back to the FATA

Secretariat or other government entity.

Only when nomination is made by the political agent

is a project sent to the line department for a

feasibility report. In this case, line departments are

not empowered to reject a scheme, despite poor

merits on a technical or needs basis. Nominated

maliks and others can implement these projects as

they wish, needing only to justify it by stating that he

has been nominated (nikkat) for the scheme and

that he has spent a lot of time, energy or money for

it.

Line departments have been given no power to

sanction a few thousand rupees (from released

funds) for any activity or small project. For these

requests, departments are dependent on

directorates in Peshawar.

Recommendation 3: Line departments should be

given proper powers to recommend schemes on

technical and needs basis. Line departments should

also be empowered to recommend suitable

sites/villages for schemes. These departments

should also be delegated the power to sanction

budget expenditures after funds have been released

by the FATA Secretariat department of finance.

4) Duplication of schemes

Some schemes are executed by more than one

department. For example, a drinking water scheme

is executed by the department of public health, the

department of local government and also by some

non-governmental organizations (NGOs). Although

there is no local government system in FATA yet,

the FATA Secretariat local government department

does exist.

Similarly, the departments of irrigation and

agriculture extension both implement drip irrigation

projects in the same agency. Another cause of

duplication is that no record exists of ADP projects

from the previous year. Not even a list of scheme

sites and villages is maintained by the political

administration. Errors in the nomination process

also create duplication, institutionalize unjust

distribution practices and waste public resources.

Recommendation 4: Duplication of development

schemes must be stopped by improving

development project reporting and recordkeeping.

Eliminating or reforming the nomination system

would also reduce project duplication and

government waste.

5) Absence of baseline data

Presently, the political administration does not have

proper or reliable data about the number of villages

in each agency, the population of each village,

geography, natural resources, or the number of

government facilities present in villages.

This lack of baseline data is a major drawback of

the administrative system in FATA. Without data,

malpractices increase, such as faulty planning at the

agency and at the FATA Secretariat level,

duplication of development projects, misuse of

resources and other injustices.

Recommendation 5: Proper and reliable baseline

data should be collected and made available to the

political administration and all line departments in

each FATA agency and frontier region.

6) No agency-level monitoring

Currently, there is no proper monitoring and

evaluation system at an agency level in FATA.

Although the political administration has monitoring

authority, it does not make time to evaluate the

implementation of schemes or other work. There is

also a monitoring directorate in the FATA

Secretariat, but it has no representatives at the

agency level. Once a year, the FATA Secretariat

sends monitors to the agencies for few days, but

this is not enough for proper and effective

monitoring.

Recommendation 6: There must be regular

monitoring staff in each agency. If this is not

possible, there should be monitoring staff in the

office of the commissioner. This staff should be

available year round for the purpose of monitoring

and evaluating the work of the political agent and

administration staff.

7) Delay in release of funds

Late release of funds is another important factor

halting and slowing down the process of

development. Funds are not provided at proper

times and are often held until the end of the financial

year. This practice has a serious and negative

impact on many development activities–particularly

on agriculture and other time bound schemes.

Recommendation 7: Efforts should be made at the

FATA Secretariat level to ensure the timely release

of funds to ensure there is time to spend allocated

funds and complete the execution of development

projects.

By Muhammad Shahid Battani, agricultural officer in

the Department of Agriculture Extension, South

Waziristan Agency

Source: http://www.fatareforms.org/reforms-needed-

for-fata-development/

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35

FATA still denied human rights

two years after 2011 reforms

(Ibrahim Shinwari)

More than two years following the official enactment

of 2011 reforms, political agents across FATA still

wield unbridled powers and local residents are still

deprived of their basic human rights.

The promulgation of a presidential ordinance

regarding a reforms package including amendments

to the notorious Frontier Crimes Regulation (FCR)

on August 12, 2011 was no small event in the sixty-

four year history of the Federally Administered

Tribal Areas (FATA) of Pakistan.

The reforms package came after years of

deliberations by legal experts and a relentless

struggle by countless political workers from FATA in

order to improve the FCR a give it some level of

acceptability and pave the way for bringing the

people of FATA into the national mainstream by

securing their legal, constitutional and basic human

rights.

The 2011 reforms package also included the

extension of Political Parties Order (2002) which

was not only warmly received by much of the FATA

population but was accompanied by the demand for

speedier changes to the century-old set of British-

era legal regulations.

Summary of 2011 Reforms

While the overarching structure of the FCR and its

legal concepts remains intact, some of the changes

introduced by the 2011 reforms include:

1. Protection of women, children under the age of

16 and tribesmen above the age of 65 from

arrest and detention under the “collective

responsibility” clause.

2. Prohibition against arresting an entire tribe

under the “collective responsibility” clause.

3. Appellate authority power to review and revise

decisions and orders.

4. Provision for an independent appeals process.

5. Strengthening of the newly established FATA

Tribunal.

6. Reference to “Qaumi Jirga” (council of elders).

7. Fixed time limits for the disposal of cases.

8. Power to transfer cases to the assistant political

agent.

9. Introduction of the concept of bail.

10. Introduction of jail inspections.

11. Fines on communities in the case of murder.

12. Acceptance of local customs and traditions.

13. Checks on arbitrary powers to arrest by the

political administration.

14. Compensation for false persecutions.

15. Audit of political agent funds by the Auditor

General of Pakistan.

Although the FCR amendments were viewed by

many as insufficient and additional reforms continue

to be demanded, it was hoped and believed at the

time that if the 2011 reforms were implemented in

their true letter and spirit, then the reforms package

would bring about a positive and fruitful change to

the existing FATA governance system.

More Reforms Needed

These aspirations of the people of FATA are far

from being fulfilled, however. More than two years

following the official enactment of 2011 reforms,

political agents across FATA still wield unbridled

powers and local residents are still deprived of their

basic human rights.

The people of FATA are still waiting for justice.

Thousands of diverse cases await disposal at the

offices of the political administration while the

concerned officials fail to show any interest in

addressing them on a speedy basis, as is advised in

the 2011 reforms package.

Local media and other tribal citizens, for example,

have not seen a single case where the political

administration has compensated an aggrieved party

for a false judgment. This despite the fact that

hundreds of appeals against false judgments of the

political administration are filed with the newly

established FATA Tribunal almost on weekly basis.

Favoritism and Pro-government Maliks

Despite recommendations in the 2011 reforms

package, the administration seems not ready or

willing to surrender the powers bestowed upon it by

the FCR. Political agents continue to behave as

“crownless kings” of each agency rather than as

true servants of the masses. The doors of the

offices of political agents are closed to the poor and

needy tribesmen while hand-picked pro-government

tribal Maliks continue as the primary beneficiaries of

official largesse and privileges.

Oddly, pro-government Maliks also consider the

2011 reforms as an infringement on the privileges

they receive from the political administration. As a

result, many Maliks have been in the front lines of

those opposing further changes to the FCR. Most of

these tribal Maliks are also opposed to the

extension of the Political Parties Order and openly

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36

supported independent and candidates in May 2013

general elections.

The same pro-administration tribal elders are

awarded a majority of the development funds

allocated to the region via the FATA Secretariat and

elected FATA members of the National Assembly

(MNAs). The opinion of these hand-picked elders is

sought regarding which projects are to be carried

out and the total allocation for each area. The

political agent relies solely on this closed group of

local allies on nearly all major tribal issues, thereby

ignoring the will and opinions of ordinary tribesmen.

Ignoring prescribed rules for inviting open tenders

for all development projects, political agents rely on

the much-abused system of “nomination”, thereby

selecting only official preferred contractors. Many of

these contractors are the same pro-administration

elders mentioned above and are more than happy

to engage in the quid pro quo to secure their share

of development projects. As a result, the quality of

construction for most development projects is poor.

In some cases, projects only exist on paper while no

work is actually done on ground.

Civil Power Regulation as Anti-Reform

Tribesmen by and large welcomed the 2011

exemption of elderly from eligibility for arrest under

the FCR “collective responsibility” clause. They

were equally pleased with the new prohibition on

sealing or confiscating residential and commercial

property under the same clause. Unfortunately,

however, tribesmen are still intimidated and

penalized under this notorious and abused clause.

Prior to the announcement of the 2011 reforms

package, the President of Pakistan enacted another

regulation regarding FATA governance. In June

2011, the Actions in Aid of Civil Power

Regulation was decreed, thereby empowering

security forces to pick-up or arrest any tribesmen on

suspicion of his or her association with an outlawed

militant group or suspicion of involvement in any

terrorist-related act.

The promulgation of this Civil Power Regulation

overshadowed and to a great extend canceled the

prohibition against arresting the elderly as was

enacted less than three months later in

amendments to the FCR “collective responsibility”

clause as part of the August 2011 reforms package.

In the intervening years, a number of FATA citizens

have disappeared, leaving their relatives to knock

on doors, searching in vein for clues as to their

loved one’s whereabouts.

Challenge to Political Parties

Local political party leadership has also been unable

to see the benefits of 2011 reforms, given that the

local organizational structure of political parties is

still relatively weak. Strong opposition from FATA

status quo supporters has also made it difficult for

parties to grow and flourish.

An additional fear factor has also prevented local

political party leaders and activists from operating

freely throughout the tribal areas. Organizing

political gatherings and assembling people some

parts of FATA still implies significant security risk.

As a result, political leadership feel insecure and

rarely organize local residents in large numbers.

Low levels of literacy and political awareness have

also meant that most FATA residents are not even

aware of the 2011 reforms package or its contents.

This political ignorance can be gauged from the fact

that six out of the ten MNAs elected from FATA in

2013 were independent, not belonging to any

political party (two additional constituencies where

postponed). After elections, one independent MNA

from North Waziristan joined PML-N while the

remaining five chose to remain independent,

pledging to work for strengthening the existing “tribal

system”.

Corruption and Lack of Oversight

Despite assurances included in the 2011 reforms,

the government has thus far failed to conduct an

impartial audit of the funds accumulated and utilized

by political agents. No ordinary tribesmen have

access to check administration records nor are they

permitted to challenge the political agents powers

regarding the utilization of funds.

Corruption at all levels of the political administration

is rampant and the Khasadar and levies forces are

more concerned with fleecing local residents at

security checkpoints as opposed to with providing

security to the local populace. It is no secret that the

money collected by Khasadar forces at the security

checkpoints is distributed among political

administration officials. While this collection is

supposedly for the Agency Development Fund, no

receipts are issued for money collected and the

political agent simply keeps the vast majority of

these funds.

It is also no secret that the political agent posts are

merely put to auction and rewarded to the highest

bidder. A standing committee of the previous

National Assembly named and documented

(including the amount in each case) bureaucrats

that had paid for and “purchased” the political

administration posts of their choosing.

Inhuman Conditions and Media Access

The condition of lock-ups and prisons in several

agencies is also pathetic as prisoners are often kept

in inhuman conditions, provided sub-standard food

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37

and little or no access to medical facilities. There is

no centralized jail facility in any part of FATA and all

convicted prisoners are sent to Peshawar, Haripur,

D.I. Khan and other central prisons in settled

districts.

Last but not least, media has little access—and at

times no access—to official information. Pakistan

Electronic Media Regularity Authority (PEMRA) laws

have not been extended to FATA and thus it is not

permissible to publish any newspaper or journal in

the tribal areas. This is an obvious affront to the

democratic principles of access to information and

freedom of speech.

To guarantee basic human rights and fundamental

constitutional rights for FATA citizens, urgent action

must be taken to ensure the true implementation of

the 2011 FATA reforms package and the enactment

of substantial additional reforms for the tribal areas.

Source: http://www.fatareforms.org/fata-denied-

human-rights-two-years-after-2011-reforms/

Useless representation for

FATA (Khan Zeb Burki)

There is a need to abolish the FCR and extend

constitution to the tribal region.

Parliamentarians are public representatives who

legislate for the welfare of a country and its people

without any discrimination. But it is very unfortunate

in Pakistan that these legislations may not be

applicable to all parts of the country.

he Federally Administered Tribal Area (FATA) is a

region that has neither benefited from any

legislation, nor has the parliament power to legislate

for it. How helpless is this parliament! Should it be

called a sovereign body? Powerlessness of the

Pakistani parliament in legislation for FATA puts a

question mark upon its sovereignty.

Generally, the parliament performs three functions;

representation, legislation and parliamentary

control. The legislators from FATA are merely for

the purpose of representation, while the remaining

two functions are beyond their ambit.

The question here arises as to why the tribesmen

are passed through the hectic exercise of elections

for reaching the parliament where they have no right

to legislate for their own people. Whether it is meant

for making these toothless lawmakers as a part of

democratic process?

Before 1997, the Maliks, nominated by the Political

Agent, were authorized to elect members of

National Assembly. But the presidential ordinance

empowered the tribesmen to elect their

representatives through adult franchise in elections-

1997. In 2011, the Political Parties Act was

extended to FATA. But these Ordinances could

bring any change in the powers of parliamentarians.

The real function of the parliamentarians is to make

law for the general public interest and safeguard the

rights of the people. FATA parliamentarians take

part in such legislations which cannot benefit people

of their own constituencies. Their representation is

solely meant for unjust favoritism and facilitation of

their relatives and friends.

The main objectives of FATA representatives are to

get access to developmental funds of their

constituencies besides other facilities that a

parliamentarian enjoys. The trend of misusing and

defalcating developmental funds of billions of

rupees should be abolished. Is this the job of a

legislator to construct roads and bridges, violate

merits, embezzle developmental funds and sell their

allocated funds to other constituency?

FATA has a right to send 12 representatives to the

lower house and eight senators to the upper house

of the parliament. Eleven Members of National

Assembly (MNA) have been elected in the general

elections held on May 11, 2013. However, election

in one of the 12 constituencies of FATA was

postponed due to security reasons.

The presence of FATA representatives in the

parliament is useless until the constitution allows

them to legislate for the general welfare of their

people.

All the powers to regulate FATA’s affairs are vested

in a single man, the president, and no law or act of

the parliament is enforceable in tribal region.

Does it show that the constitution is biased towards

the people of FATA? Is there no need to amend the

constitution? When it comes to FATA, constitution

bows before a century old law, the Frontier Crime

Regulation (FCR) imposed by the British colonial

empire. FATA has never witnessed the supremacy

of the constitution and the parliament.

Contrarily, tribesmen cannot exercise the rights

embodied in the constitution, including the very

basic and natural rights like that of protection of

property and life. The FCR authorizes the

government to confiscate property and take lives of

the people under the clause of collective

responsibility. While critically reviewing, the

constitution is a supreme law but perversely it bows

before the FCR in FATA. The parliament does not

exercise its supremacy in FATA as the president

has full control over the tribal areas where he can

bring any legal and constitutional change through an

ordinance.

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38

Does it not a dual standard? Should one call it a

discriminatory system?

There is a need to abolish the FCR and extend

constitution to the tribal region at earnest and

empower the parliament to legislate for FATA

people.

Otherwise, the practice of political rights like parties

based elections through adult franchise cannot

change the destiny of FATA. The money and energy

invested in the elections of the MNAs and senators

may better be utilized in other activities which

directly benefit the people.

If representatives of 180 million people cannot

abolish the colonial law or have no way to convince

the democratically elected president for doing so,

and still insist that FATA should have toothless

representation in the parliament, than two words

“nugatory representation” should be written on their

seats. [1]

It is not logical for the parliamentarians to sit in the

parliament without having any right to legislate for

their people. Rather than sitting in the parliament, it

will be a better option for FATA representatives to

serve as councilors to the president and to advise

him on issues, problems and needs of tribal areas. It

will facilitate the president in understanding FATA

affairs.

Accordingly, it would be put the region on right

track. It will further increase interest of the president

in solving the problems of the tribesmen. In this

way, the people of FATA will be given their right

representation, and their issues will be better

resolved.

By Khan Zeb Burki, M. Phil scholar and Tribal

Affairs analyst

[1] Nugatory = Of no value or importance. Useless;

futile.

Source: http://www.thefrontierpost.com/article/43762/

FATA students voice reforms

demands

Future of FATA with genuine demands.

PESHAWAR: There is no doubt in the fact that

education is worst sufferer in the restive Tribal

Areas after the cursed incident of 9/11 and the

progress in the field of education that was achieved

after years of struggle, became to standstill.

About 1015 schools have been blown up in various

terrorist activities while the rest of the education

system has become practically paralyzed and a

good number of students have tilted to militancy

instead of getting education. Amidst such a crucial

situation there are some students from the war

stricken areas who by hook or by crook reaches to

the university level and get the opportunity to seek

higher education. But unfortunately on one side they

are badly discouraged by the authorities and on the

other side FATA Secretariat and University

administration also treat with them step motherly

attitude makes them loose hearts and adopt other

means rather than education. The Frontier Post

arranged a forum with the students from the Tribal

Areas of FATA who narrated their problems one by

one.

Falak Nawaz President Waziristan Students

Organization, from North Waziristan told that about

two years back, the then Prime Minister, Yousaf

Raza Gillani had announced remittance of fees for

the students of FATA keeping in view the poverty

of the majority of students hailing from FATA but the

announcement was never made practical and the

authorities have always making one excuse or

another. Falak further added that the university

administration have made a strange policy that

those students who are doing their Masters will get

discount on their university fees, whereas according

to Falak fee discount is more appropriate for those

talented students who are doing their bachelors. He

also regretted the fact that fee discount is only

applicable to those students who are studying in

morning shift whereas evening shift students are not

allowed to avail discount facility.

Rehman Khan from Mohmand Agency who is a

student of International Relations (IR) mourned over

the deteriorated system of education in the Tribal

Areas and said that it is very difficult for the students

of Tribal Areas to compete with those students who

have studied in good education institutes all over

KP. “It is illogical for us to compete in open

merit for the admission in the universities” Rehman

asserted adding that there are scores of injustices

with the Tribal students in each and every field of

education.

Jawed Khan from Bajaur and a student of Institute

of Management Science department said that the

government had reserved quota for the students of

FATA in 1970-75 when FATA was not thickly

populated and number of educated people were

also very small. “Now the population has increased

manifold and literacy rate has also been boosted but

the quota reserved for FATA is the same as about

fourty years ago” Jawed added. He demanded that

either the quota for the students of FATA be

tripled or good universities should be built in the

Tribal Areas.

He also suggested that each Tribal Agency be given

separate quota in universities instead of fix quota for

FATA based students, which will bring in par the

Page 39: FATA Reforms News Update (July-September 2013)

39

deprived students of FATA with the rest of the

country.

Akhtar Gul President Bajaur Student’s Organization

said that huge grant in the form of scholarships for

the students of FATA was issued by USAID but

due to the sluggish and irresponsible behavior of the

University administration, the grant was withdrawn.

He viewed that from 2001 onwards government

claimed to have provided emergency relief funds to

the students of Tribal Areas but nothing has been

done in this regard. He also lamented the worst kind

of situation of female education in FATA and said

that there are hardly two or three female students

from FATA in the departments of the University.

“Government must prepare a good plan according

to the tribal culture and traditions to

provide opportunities to the women folk to get

education” he suggested.

Abdur Rehman hailing from the remotest area of

Bermal, located in South Waziristan Agency

complained about absence of educational

facilities instead of lack of facilities in his area. “We

do not even have a single high school in our area,

how can one expect us to have educated people

and how can we compete with the students from

other good education institutes” he questioned while

claiming that the local administration doesn’t even

bother to repair the primary schools in the area for

the last one decade.

Another Tribal Area student Zakir Afridi said that

the students from FATA also suffer after admission

in the university as they have no reserve seats in

the hostels for their accommodation.

“Government and especially the FATA Secretariat

should construct separate hostels to be specified

only for FATA students” Zakir stressed adding that

there were hostels in the past having names as

Tribal Hostel but these hostels were now occupied

by students from the adjacent areas of Peshawar.

He also lamented over the apathy of the authorities’

concerned regarding rehabilitation of the

destroyed school in the Khyber Agency and

demanded their reconstruction and rehabilitation.

Waseem Dawar, students of Political Science

department hailing from Miranshah said Prime

Minister Nawaz Sharif has announced 2% quota for

the students of FATA but still there are no signs of

becoming it into practical shape.

“The announcement should be given practical

shape with immediate effect as more and more

students must avail it” he demanded of the

authorities.

He also lamented the behavior of the FATA

members National Assembly and Senate towards

education and stressed that these honourable

parliamentarians should focus on education on

priority basis.

Waseem Dawar claimed that they have proof of the

fact that the FATA Secretariat and the University of

Peshawar administration in connivance spent huge

amount of funds which were meant for FATA

students in buying electricity generators for FATA

Secretariat and University of Peshawar. He

demanded of the government and particularly the

National Accountability Bureau to probe this matter

and those involved be given severe punishments.

Source: http://thefrontierpost.com/fata/?p=66

Tribal citizens aspiring for

equality (GQ Khan)

The executive and judiciary are not separated under

the FCR, the Political Agent enjoys unrivaled

powers to terrorize and skin the tribals.

FATA remains a mystery for most of the world.

Reports of violence and terrorism and presence of

Taliban and Al Qaeda leaders is all that’s

associated with it. The militants, military and the

predator strikes, is all the news we get from the

tribesmen. For people living here, life is a hell of

uncertainty. It is the poorest area of the country; its

social indicators speak volumes of the outright

neglect of the area for the last sixty years. Poverty,

terrorism and hopelessness, this is all there is to

FATA.

A forgotten area, FATA, came to limelight only when

terrorist from around the globe made it their abode.

It was only after 9/11 that the world came to know of

the plight and poverty of the area and showed

concern for the tribesmen because militancy had

started hurting outside FATA. Many conferences,

seminars and workshops on FATA took place,

asking one question only, why such a beautiful and

resourceful area with such hard working people is

so poor and so vulnerable?

Citizen Action

The latest assembly of around 300 likeminded

tribesmen from FATA was held by Shaheed Bhutto

Foundation (SBF), a think tank of the Pakistan

People’s Party, in Islamabad. They called it the

FATA Citizens Grand Assembly (FCGA), which

unanimously adopted a 19 point Declaration on

June 22, 2013. Before them JUI-F, Jamaat Islami

and ANP also organized similar Grand Tribal Jirgas,

each putting forward their own solutions for FATA.

Though such events and high sounding titles bring a

lot of publicity to the organizers, unfortunately no

good came out for the people of FATA from these

efforts.

Page 40: FATA Reforms News Update (July-September 2013)

40

A glimmer of hope for FATA though, all parties and

organizations agree on the root cause of the

misfortunes of FATA and its cure. They all agree

that the discriminatory laws, especially the FCR are

the major cause of the ailment and reforms in FATA

are the only solution.

Talk of Reforms

There has always been talk of reforms but for one

reason or another they never materialized; the time

was never right. Top of the reform agenda is

amending or annulling the FCR. Prime Minister

Yousaf Raza Gillani announced abolishing the FCR

in his maiden speech but withdrew his statement

later on. At last it was after a long wait of sixty years

that the President of Pakistan announced

amendments in the Frontier Crimes Regulations

(FCR) and the extension of Political Parties Act

(PPA) to FATA on August 14, 2009. The

announcements were notified after a wait of another

long year amidst rumors that they have been

withdrawn, like the announcement of abolishing

FCR was withdrawn. Anyhow, the notifications

were, signed by the president in great pomp and

show. Besides the tribal parliamentarians, many

tribal Maliks were seen in the presidency, paid by

their Political Agents to nod all the while, at anything

and everything. One could see from the look of it

that none of them had seen the amendments in the

FCR otherwise they wouldn’t have been nodding.

Did the amendments in FCR or the extension of

PPA bring any change in FATA. Frankly, I don’t

think so. Before I comment on the amendments in

FCR or the way forward for FATA let me have the

privilege to introduce the FCR to those who are not

familiar with it. What is the FCR, why is there so

much fuss about it and why is the bureaucracy so

fond of it.

Frontier Crimes Regulation Lives On

FCR is the law designed by the British mostly for

Pathan areas to crush insurgencies. The purpose of

the law is not to provide justice but to inflict

maximum punishment on violators. FCR is still in

vogue in FATA and under this law if a crime is

committed in the tribal areas, the tribe has to identify

the criminal, arrest him, try and convict him and

produce the convict before the political

administration so that the political administration can

skin him. There is no responsibility what so ever on

the political administration in identifying, arresting or

trying the criminal.

If the tribe fails in doing any of the above then that is

another story, a long, sad story. Any sane person

will be at a loss, as to why do we need a

government if it has no responsibility to stop crime

or criminals.

FCR is an anti development law and the root cause

of poverty in tribal areas.

One is surprised to know that the abode of the most

resourceful and hard working people is poorest.

Government cannot provide jobs to the whole

population of an area, a vibrant private sector

supplement the efforts by creating economic

opportunities.

Political Agent, under the FCR can close, attach and

confiscate any private property under collective

responsibility, so no sane person will ever invest in

the tribal areas.

Besides physically locking an industrial unit, if the

Political Agent were to arrest a supervisor of a unit

or lock a truck of raw material or finished goods

under territorial responsibility the industrial unit will

automatically shut down. The law does not protect

ones hard earned assets from the acquisitive eyes

of the political administration, hence discouraging

private sector.

The executive and judiciary are not separated under

the FCR, the Political Agent enjoys unrivaled

powers to terrorize and skin the tribals. There is no

check on the Political Agent, who is the executive,

police and the judiciary, all in one. Less than a score

cases are tried under FCR, all the rest are

administrative orders issued by Political Agents

without any legal authority, a Badshah answerable

to none.

The Khassadars are a community force functioning

under the FCR. They are nominated by the tribe

according to Nikkat (share of the fathers [aka

"nomination"]) and are responsible for law and

order. They operate in their tribe’s jurisdiction only.

A Khassadari might be shared by three families so

practically we have a new face on the same post

every second day. They don’t have any service

benefits of a regular force. The state of affairs of

Khassadars will not change until the whole system

is revamped i.e. abolishing the concept of territorial

responsibilities.

2011 FCR Amendments

On the amendments in FCR, suffice to say that no

matter how many corners are cut, how many rough

edges are smoothed, if no responsibility towards law

and order is shifted to the government the

amendments are worthless. With all the

responsibility of law and order forced on the tribes

and superior judiciary barred from FATA, any

amount of amendments will fail to provide justice to

the common tribesman.

Since no responsibility is shifted to the government,

the amendments in FCR are nothing but an

eyewash. They ensure the tribal areas remain

Page 41: FATA Reforms News Update (July-September 2013)

41

isolated, undeveloped and insecure. There can be

no justice without government taking its prime

responsibility, protection of life and property of the

people. Till recently the FCR loving bureaucracy

propagated that the tribesmen don’t want reforms.

When that guile was exposed they came up with

worthless amendments. The tribal population was

cheated yet again and the blame for these no good

amendments, cheating the tribal people, solely lie

with the bureaucracy and the weak political

representatives from FATA.

Status quo vs. Progress

The bureaucracy loves it and will go to any extent to

protect it. Our friends in the bureaucracy make the

world believe that FCR is a codified Rawaj, which is

a farce. FCR is un Islamic, anti human rights and

against the constitution. Peshawar High Court has

already annulled it from PATA on these grounds, I

wonder when the Supreme Court will wake up. The

days of the Raj are over, at the age of sixty plus, it’s

time the government takes some responsibility of

protecting life and liberty.

A question for legal experts:

Can parliament restrict the jurisdiction of superior

judiciary? Can parliament say that tomorrow

onwards the Supreme Court is barred from

Balochistan? If not, then why is the Supreme Court

quiet about FATA’s deficiency?

Legislative Responsibility

The people of FATA can’t blame anyone for their

misfortunes after the extension of adult franchise.

FATA parliamentarians have all the rights and

privileges extended to other parliamentarians; no

one has stopped them from proposing amendments

to the Constitution. FATA was represented on the

Special Committee of Parliament proposing

amendments to the constitution in 2009 but FATA’s

rep didn’t speak a word. Many tribesmen asked him

to demand provincial rights for FATA and

amendments to article 246 and 247 (dealing with

FATA) of the constitution but he didn’t plead FATA’s

case. Even a promise for the coming future couldn’t

be managed what to ask for a dissenting note.

There is talk of a FATA Council, which surprises

me. Why demand a FATA council? FATA enjoyed

full provincial rights earlier, one fails to understand

the logic why it should be denied the same now. So,

why not demand restoration of provincial rights, as

an independent province. Among the special areas

defined in the Constitution FATA is 46%, almost four

times the size of Gilgit Baltistan which is12%. It’s

larger than AJK which is 42% of special areas. Just

to show a comparison the area of FATA is 27000 sq

kms while that of AJK is 13000 sq kms. GB has

been given the status of a province and AJK that of

a country whereas FATA has been left high and dry

at the mercy of FCR loving bureaucracy.

The misfortunes of FATA don’t end here. Every

president and prime minister made tall promises of

development in FATA but they never fulfilled them.

They address Grand tribal Jirgas in Darbar Hall of

the Governor House just to get the feel of being the

Vice Roy. In spite of all their claims seventy percent

of FATAs population lives below poverty line. Its

social indicators match with the poorest in the world

yet FATA is always ignored while allocating funds.

Instead of allocating additional funds in an effort to

bring FATA at par with the rest of the country it

hasn’t received even its due share.

FATA Federal Budget Allocation

FATA has always been treated unfairly by making

less allocation in the federal budget in comparison

to other Special Areas. Below is a comparison of the

budget allocated to the Special Areas for the last

five years.

Year/Rs

in Mns

Total

allocation

to special

areas

Allocation

to FATA

Share

of

FATA

@ 46%

Less

allocation

to FATA

%age

shortfall

2008-09 55,782 14,882 25,660 10,778 42

2009-10 67,333 19,085 30,937 11,888 38

2010-11 82,417 22,096 37,912 15,816 42

2011-12 84,677 24,690 38,952 14,241 37

2012-13 97,077 28,538 44,656 16,117 36

Total 387,287 109,292 178,152 68,860 39

The losses will be much greater if a comparison to

the federal divisible pool is made. The arrears

/shortfall pertain to 5 years only, the amount will

increase manifold if previous years and multiplier

effects are taken into account. Allocating Forty

percent less than its due share is criminal, as if

FATA was given half of its share. Instead of giving

preferential treatment and additional funds we

fleece FATA.

Lack of Education Investment

The time period referred above was the peak of

insurgency in FATA, the time we trumpeted 3 Ds

day in and day out. We can safely deduce that

during peace times FATA must have been getting

ten percent of its due share. That’s why there is no

professional college, university or tertiary care

Page 42: FATA Reforms News Update (July-September 2013)

42

hospital for a population of around ten million living

in 27,300 sq km area.

If one looks at the Public Sector Development

Program (PSDP) one is surprised to see mega

projects worth Billions of rupees being implemented

in the provinces by the federal government. It’s not

so in the case of FATA, I didn’t come across a

single project being implemented in FATA. People

in other parts of the country enjoy freedom of

assembly and freedom of expression. Whenever

there is any such injustice they voice their concern.

It’s not so in FATA.

One might ask as to where the meager allocation

sanctioned each year is spent? These funds are

wasted by the administration on futile schemes

given as bribe like awarding retaining walls and dug

wells or sold to Maliks as primary schools and

dispensaries, who use them as Hujras and get paid

for doing so. The digging of thousands of wells all

over FATA is a case in point. As per the survey

report the dug wells and tube wells should have

inundated the area three times over by now.

FATA is totally dependent for its funding on Finance

Division. Its budget is approved by the federal

government and for every additional requirement it

has to approach the federal government. It doesn’t

have its own resources like other provinces. All

funds generated by FATA go into the federal

treasury and cannot be used by FATA.

Taxes Collected by Political Agents

Billions are collected by the Political Agents in

Rahdaris, district import and export tax and exports

to and imports from Afghanistan. Food items are

subsidized around the world but FATA

administration’s major source of earning is taxes on

food items. Just imagine the small economy of a

tribal agency and squeezing millions out of it

continuously. The way these funds are utilized is an

open secret. These funds have been discussed and

debated at the highest forums with clear instructions

to bring transparency in collection and expenditure

of these funds but sadly nothing has happened.

Efforts were made to Formulate Agency Welfare

Fund Rules but they are delayed on one pretext or

another. These funds could be a major source of

FATA own receipts.

We have an open border policy with Afghanistan

and except for a few items like tea and tires trading

in all goods is permissible. Without going into the

details of Trade Agreements, Joint Chamber of

Commerce or the thousands of people who cross

the border un monitored I want to focus on the fact

that in spite of all the SROs, we have converted our

simple tribesmen into smugglers and make them

pay for legal trade.

All funds of FATA are lapsable at the end of the

financial year without any provision for their revival

in the next financial year. FATA doesn’t has its own

Account -1 with the State Bank, meaning that it

cannot utilize lapsed/ unused funds in the next

financial year like other provinces can do and of

course it cannot borrow a loan from State Bank just

in case.

Cost of War

For the last so many years the country in general

but FATA in particular is stuck in the War on Terror.

Tribal society has been torn apart, the economy has

totally been destroyed, the social fabric is in tatters,

the way of life, Pushtunwali, has been eradicated.

The World Health Organisation (WHO), reports that

about four percent of the population in FATA and

Khyber-Pakhtunkhwa suffers from severe

psychiatric disorders. It further says that a much

larger segment of the population suffers from

transient mental-health problems linked to stress of

living under conditions of conflict and violence.

Roadside bombs and suicide bomb attacks are a

common phenomenon.

As per Planning and development department

FATA, report on ‘Cost of conflict in FATA’ the war

on terror has cost FATA Rs. 212,443 Million till

2010. FATA’s total allocation of the last five years

(Rs.109,292 Mn) doesn’t even cater for the losses

incurred what to say of development. There is a dire

need for a special allocation for War on Terror for

FATA to rebuild the losses incurred. Under the NFC

award, the government has allowed one percent of

the total divisible pool to Khyber Pukhtunkhwa for

losses due to terrorism, this translates to more than

twenty billion rupees annually; no such provision

has been made for FATA whereas we all know the

fact that FATA has suffered the most due to

terrorism.

Recommendations

So, what’s the way forward? In my humble opinion

the government needs to take two major initiatives

and everything will fall in place. From a liability

FATA will become a beacon of hope and source of

inspiration for the rest of the country.

1. Restoration of provincial rights to FATA. By

doing so issues raised by the Grand Jirgas like,

reserving seats for FATA women in National

Assembly and Senate, provision of health and

education to the people of FATA, providing job

opportunities and infrastructure throughout the

length and breadth of FATA, having an elected

Local Government and making Political

Administration accountable to it, will all be resolved.

Once declared a province or given the status of a

province like in the case of GB it will be able to

Page 43: FATA Reforms News Update (July-September 2013)

43

operate its own Account-I with State Bank of

Pakistan resolving all its financial vows. As a

province it will automatically get representation on

the National Finance Commission (NFC) which will

take care of its less allocations.

2. To provide justice and bring the tribal areas a

step closer to mainstream Pakistan the best option

is to extend the jurisdiction of the superior

judiciary to FATA, which will not only protect the

human rights of the tribal people but will also be an

independent and impartial check on the Political

Administration. Once the jurisdiction of Superior

Judiciary is extended to FATA abolishing the

colonial black law of FCR won’t take much time.

Conclusion

Tribesmen have suffered enough; they have been

discriminated against for a very long time and they

won’t wait another sixty years for reforms leading to

equal rights.

The words of the Quaid still echo in FATA wherein

he assured the people of every possible help and

assistance to fulfill their dreams. “Pakistan wants to

help you and make you, as far as it lies in our

power, self-reliant and self-sufficient and help in

your educational, social and economic uplift.”

Unfortunately tribesmen weren’t so lucky, his

promises were flouted and the rest is history.

It is sheer incompetence and negligence on part of

the government that has made FATA hostage to

poverty, illiteracy and now militancy.

Though a lot of water has flown under the bridge, it

is still not too late to take corrective measures if the

government is serious in mainstreaming FATA and

solving the problems of the tribesmen face.

Personally I feel that the discriminatory laws have

done more damage than the less funding.

We have to mainstream FATA with equal rights and

opportunities.

Additional funding has to be accompanied by

repealing discriminatory laws. One without the other

will not help.

Violence breeds violence, Insurgency cannot be

won through military action alone. There has to be

hope in the future, there have to be opportunities

otherwise militancy will haunt us in one form or

another for the rest of our lives. Anything less isn’t

good enough.

All those pleading the cause of FATA should

advocate and support extension of full provincial

rights and extending jurisdiction of superior

judiciary to FATA. This is the only way forward.

By Ghulam Qadir Khan Daur

Source: http://www.thetribaltimes.com/articles/aspiri

ng-for-equality/

Rights for FATA and the need

for legislation (Nizamuddin

Khan)

The Frontier Crimes Regulation (FCR) is evil as it

denies citizens of Pakistan their fundamental rights.

Speaking for the rights of FATA has become a sort

of fashion nowadays. Non profit organizations have

started new initiatives which mostly start in one five

star hotel hall and end in another.

A grand jirga too was formed in this regard by the

Shaheed Bhutto Foundation which was addressed

by the presidents himself but my concern here is not

the charity organizations but the presence of some

20 legislators from the tribal belt in the National

Assembly and Senate of Pakistan.

For the first time in its history, the region saw party

based elections and showing the political maturity of

the inhabitants, almost every party came up with a

contestant there. The so called reforms gave the

extreme right wing parties a significant edge in

calling mass gatherings but that is a separate

debate.

Lack of Parliamentary Oversight

Seeing the very members of the house, who are

given high value during intra-parliament elections,

unable to make a single law for their native region is

saddening. Most of them can be seen sleeping in

the house to which they are almost of no use but

since the general elections, a few members have

started asking for their rights. Well — technically,

most of the times it is about development funds but

the assembly also resonates with the letters F-C-R

at times.

The evils of FCR and its rooting out from FATA, as it

denies the citizens of Pakistan their fundamental

rights, has been discussed by many at a lot of

forums but in my humble opinion, it is not speaking

in the assembly that would do us any good but the

beginning of a legislative procedure starting with the

flooring of a bill against the now obsolete regulation.

Islamabad could see a much awaited mass

mobilization of the tribesmen asking for their human

and constitutional rights.

Representing a joint population of millions mean

that even if the parliament fails to understand the

problem, Islamabad could see a much awaited

mass mobilization of the tribesmen asking for their

human and constitutional rights. The cause would

be bigger than those mentioned in the D-chowk

Page 44: FATA Reforms News Update (July-September 2013)

44

protests of Tahirul Qadri, Imran Khan, Hafiz Saeed

and many more.

FATA needs a change and whoever helps the

tribesmen in achieving one will become a good part

of the otherwise turbulent history of these times for

sure.

Source: http://fromfata.wordpress.com/2013/09/07/t

he-need-for-legislation/

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