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FATA Reforms News Summary November 2013 - February 2014

TABLE OF CONTENTS

FATA Status .............................................................................................................................. 3

SAFRON minister wants more power for FATA MNAs ...................................................................... 3

FATA MPs divided on SAFRON call for de facto province status ....................................................... 3

President announces new cell for FATA problems ............................................................................... 4

Khyber Union demands elected FATA Council ................................................................................... 4

Justice for FATA ....................................................................................................................... 5

Governor for strengthening FATA Tribunal ......................................................................................... 5

Governor okays steps to streamline FATA justice system .................................................................... 5

Training arranged for FATA judicial officers ....................................................................................... 6

FATA sceptical of new judicial agents ................................................................................................. 7

High Court warns against ignoring FATA rights .................................................................................. 8

High Court debates extending authority to FATA ................................................................................ 8

PPP leader Babar Awan seeks extension of court jurisdiction to FATA ............................................... 9

Time for reform in FATA justice system .............................................................................................. 9

FATA demands extension of court jurisdiction .................................................................................... 9

MNAs to table resolution for extension of superior courts to FATA .................................................. 10

Senate told Citizenship Act does not apply to FATA ......................................................................... 11

High Court reserves judgment on Federal Investigation Agency jurisdiction in FATA ...................... 12

Journalists condemn abuse by FATA officials ................................................................................... 12

Mainstreaming FATA .............................................................................................................. 13

Pakistani political parties aim to bring FATA into mainstream .......................................................... 13

Government to bring FATA into mainstream ..................................................................................... 14

Agency level political parties unite for FATA reforms ...................................................................... 15

FATA parties work together for peace and reforms ............................................................................ 15

Article 247 ............................................................................................................................... 16

Youth call for extending constitutional rights to FATA ..................................................................... 16

Senators want FATA people accorded legislative rights .................................................................... 16

Political parties stress restructuring of FATA ..................................................................................... 17

Citizen petition to abolish FCR and extend constitution ..................................................................... 18

CGPA demands abolition of Article 247 ............................................................................................ 19

Amend Article 247 to provide basic rights to tribesmen ..................................................................... 19

Parties and lawyers denounce FATA rights violations ....................................................................... 20

Protection of fundamental human rights demanded in FATA ............................................................. 20

Tribal jirga demands reforms for sustainable peace ............................................................................ 21

Provision of basic rights for FATA people demanded ........................................................................ 21

2

Local Bodies for FATA ........................................................................................................... 22

FATA left out as provinces plan local elections ................................................................................. 22

Government asked to announce schedule for local bodies polls in FATA .......................................... 22

Experts demand local elections in Pakistan tribal areas ...................................................................... 23

Governor says local elections to bring positive change in FATA ....................................................... 23

Sherpao for local bodies polls in FATA ............................................................................................. 24

FATA parties alliance demands local bodies elections ....................................................................... 24

FATA political parties demand local elections ................................................................................... 24

Bajaur Alliance to move court for local government in FATA ........................................................... 25

Jirga urges government to hold local elections in FATA .................................................................... 25

Tribal parties urge government to hold local elections in FATA ........................................................ 25

FATA Democratic Movement demands local elections ...................................................................... 26

Development ........................................................................................................................... 26

President says Pakistan development linked with FATA uplift .......................................................... 27

Increase in educational expenditure fails to boost female literacy in FATA ....................................... 27

Public representation in monitoring FATA development ................................................................... 28

New ban on NGO registration violates constitution ........................................................................... 28

Officials stress judicious spending on FATA ..................................................................................... 29

Proposed FATA youth policy in conflict with ground reality ............................................................. 29

Frontier Crimes Regulation (FCR) ......................................................................................... 30

Governor wants seminar to propose FCR changes ............................................................................. 31

FATA students arrested under FCR .................................................................................................... 31

FCR amendments urged for betterment of tribal people ..................................................................... 32

Civil society and tribesmen call for FCR abolishment ........................................................................ 33

Seminar calls FCR main hurdle in FATA development...................................................................... 33

FATA political parties demand repeal of Frontier Crimes Regulation................................................ 34

Right to Information ................................................................................................................ 34

Legal problem stops right to information law for FATA .................................................................... 35

Journalists demand right to information in FATA .............................................................................. 35

Coalition demands Right to Information Law for FATA .................................................................... 36

3

FATA Status

SAFRON minister wants more power for

FATA MNAs

“We are thinking of designating legislative and

administrative powers to the tribal parliamentarians

to enable them to govern FATA according to the

wishes of local people.”

BARA: Federal Minister for States and Frontier

Regions (SAFRON) Lieutenant General (r) Abdul

Qadir Baloch has said unlike elected

representative from the rest of the country, tribal

parliamentarians have no institutionalised role in

legislation and budget preparation for FATA,

saying they should have big say in running the

affairs of the tribal region.

“We are thinking of designating legislative and

administrative powers to the tribal parliamentarians

to enable them to govern Fata according to the

wishes of local people,” he said while talking to

media persons during his visit to Shakas Levies

Centre at the Jamrud in the Khyber Agency on

Wednesday.

Without referring to the formation of a province or

council, the minister said, “We want the elected

representatives of FATA to exercise the same

powers as enjoyed by their fellow parliamentarians

from across the country and a proposal for their

empowerment would be sent to the Prime Minister

Nawaz Sharif very soon.”

The minister said negotiations and terror activities

could not go side by side, saying militants should

observe a ceasefire for making environment

conducive for the peace talks. He said peace

parleys had been started with all groups

associated with Tehrik-e-Taliban Pakistan (TTP) in

Fata as well as in Khyber Agency. He said peace

would be restored by using all means and Bara

Bazaar reopen for commercial activities soon.

As incentives, the minister announced to award

100 lungis or perks to the tribal elders of Khyber

Agency. The Safron minister was accompanied by

Members of National Assembly Haji Nasir Khan,

Shaji Gul, Senator Haji Khan, tribal maliks,

Additional Secretary Fata Arbab Muhammad Arif,

Acting Secretary Safron Tariq Hayat, Khyber

Agency Political Agent Shahab Ali Shah and

others.

Earlier, the FATA officials briefed Abdul Qadir

Baloch about the upgrading plan of Shakas Levis

Center which would cost Rs 158 million.

Funded by Anti-Narcotics Section of the US

embassy and Government of Pakistan, the officials

said the centre would be used for the initial

trainings of Levies recruits from Khyber Agency,

Frontier Regions Peshawar and Kohat. The FATA

officials said the centre would also be used for

imparting specialised training to Levies recruits

from all the tribal agencies. They said one Levies

training centre would be established in each

agency of the Fata which would cost Rs 281

million.

Later, the federal minister also called on Governor

Shaukatullah at the Governor’s House Peshawar

and discussed with him law and order situation in

Fata. The governor said rehabilitation of internally

displaced persons (IDPs) is a challenging task and

the government is trying its level best to

accomplish it. The minister was also briefed on the

law and order situation in Fata while performance

of the Fata Secretariat about development work

was also reviewed.

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

7-233823-Minister-favours-more-say-for-Fata-MPs-

in-governance

FATA MPs divided on SAFRON call for

de facto province status

SHABQADAR: Parliamentarians from the Federally

Administered Tribal Areas (Fata) have expressed

mixed reaction to the SAFRON minister’s

suggestion that Fata should be made a de facto

province.

Ministry of States and Frontier Regions (SAFRON)

Minister Lieutenant General (retd) Abdul Qadir

Baloch told media on Friday in Islamabad that in a

meeting of the National Assembly’s standing

committee on SAFRON he suggested that FATA

be made a de facto province just like Gilgit-

Baltistan (G-B).

According to Baloch, the move will enable

parliamentarians from Fata to have a greater role

in development projects in the region.

The chairman of the standing committee on

SAFRON, Senator Saleh Shah, who hails from

South Waziristan, told The Express Tribune he

would be in favour of any such move. “It would not

be difficult to implement the suggestion because

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12 parliamentarians from Fata are in the lower

house and eight are in the upper house,” he said.

The senator added under the Frontier Crimes

Regulation, the Constitution of Pakistan does not

extend to Fata and no act can be implemented in

the region without the prior permission of the

President of Pakistan. “Until this hurdle is removed,

the problems of Fata cannot be resolved,” said

Shah.

MNA Jamaluddin of Jamiat UIema-e-Islam-Fazl,

however, said he was not in support of Baloch’s

suggestion because according to him, Fata needs

peace to be restored before other issues can be

addressed. He was also of the opinion that

parliamentarians from Fata have no role in

development projects and there are no checks on

them, nor are they made accountable.

Ijaz Mohmand of the FATA Lawyers Forum said

instead of making FATA a de facto province it

should be merged with Khyber-Pakhtunkhwa as

the provincial assembly had adopted a resolution

in May 2012 regarding the matter.

“Leaders from Fata should be given the right to

make their own laws,” said Mohmand.

By Mureeb Mohmand

Source: http://tribune.com.pk/story/671872/de-

facto-province-status-fata-mps-divided-over-

safron-ministers-statements/

President announces new cell for FATA

problems

President Mamnoon Hussain on Saturday

announced to set up a cell at Aiwan-e-Sadr

Islamabad to coordinate with government

departments to resolve problems of Tribal Areas.

He stated while addressing a grand tribal jirga in

Peshawar. The President lauded the sacrifices

rendered by security forces and the people of

FATA in the war against terrorism. He issued

directives to the Finance Division to release one

hundred million rupees each for Shuhda package

and for rehabilitation of FATA IDPs at the earliest.

He assured the tribal elders that allocated budget

for development of FATA will not be curtailed.

Responding to demands presented by Khyber

Pakhtunkhwa Governor Engineer Shaukatullah‚ the

President announced giving natural gas facility to

the FATA and all Frontier Regions and directed the

SNGPL authorities to evolve a comprehensive

strategy in this regard.

The President also directed the OPF authorities to

establish quality educational institutions in all the

tribal agencies and said that in first phase these

institutions will be established in Bajaur‚ Kurram

and Khyber agencies.

He also ordered for launching of housing project

for the people of FATA through OPF and release of

required funds for the establishment of already

approved grid stations at Khaar and Jamrud.

Similarly‚ the President announced a main general

hospital in FATA‚ provision of skilled training to 300

youths‚ awarding scholarship to 10 students in four

federal universities. Earlier‚ in his welcome

address‚ Khyber Pakhtunkhwa Governor Engineer

Shaukatullah said that 18.5 billion rupees have

been allocated in current FATA ADP for socio-

economic uplift of the area.

He said that return of IDPs belonging to South‚

North Waziristan‚ Kurram and Bara Khyber Agency

to their native areas is in progress. He said that the

government has taken for setting of university‚

medical college and IT university in FATA besides

a cadet college in each tribal agency.

Source: http://www.nation.com.pk/national/11-Jan-

2014/president-announces-to-set-up-a-cell-in-

islamabad-for-addressing-fata-problems

Khyber Union demands elected FATA

Council

“We want that Article 247 should be amended in

such a manner that the President will have to seek

consent of an elected FATA Council.”

LANDI KOTAL: A jirga of Kukikhel elders in Jamrud

on Monday refused to assist the security forces in

apprehending a militant commander.

The jirga was held at the hujra of Malik Attaullah

Jan Kukikhel after Commandant Khyber Rifles Col

Mansur Janjua asked the tribe to help the security

forces in arresting Taliban commander Ababeel.

Meanwhile, Khyber Union, a Bara-based political

organisation, has opposed the repeal of Article 247

of Constitution and demanded formation of an

elected council to recommend any change in the

existing status of Federally Administered Tribal

Areas (FATA).

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Responding to the demand put forward by FATA

Siyasi Etihad regarding repeal of Article 247 and

empowering the parliament to enact and amend

laws for FATA, Khyber Union in its meeting on

Monday cautioned that any such step would

jeopardise the present status of FATA as tribal

jirga would lose its credibility.

FATA Siyasi Etihad, a conglomerate of eight

mainstream political parties, had on Sunday

lamented that FATA parliamentarians in National

Assembly and Senate were not empowered to

enact any law for the tribal areas.

“We want that Article 247 should be amended in

such a manner that the President will have to seek

consent of an elected FATA Council alongside a

representative jirga of tribal elders for bringing

about any change in the existing system in FATA,”

Hamidullah Jan Afridi, a former MNA from Bara,

told the meeting.

He said that most of the laws enacted for the tribal

areas were proposed by non-tribal members, who

had little or no knowledge of tribal areas.

“We want the elected FATA Council and tribal

elders to recommend changes in our laws to the

President under the amended Article 247,” Mr

Afridi said.

Bazaar Gul Afridi, chairman of KU, said that no

political party was sincere in addressing the

problems faced by tribal people.

The KU leader said that political leaders were

interested in promoting their own party manifestoes

rather than addressing issues of FATA.

Ikramullah Jan Kokikhel said that FATA should be

awarded status of a separate province and it

should be given full authority and control over its

resources.

The meeting demanded of the federal government

to hold local bodies’ elections in FATA and

implement FCR reforms.

By Ibrahim Shinwari

Source: http://dawn.com/news/1076024/kukikhels-

refuse-to-help-forces-in-capturing-militant

Justice for FATA

Governor for strengthening FATA

Tribunal

PESHAWAR: Khyber Pakhtunkhwa Governor Eng

Shaukatullah has said that only authoritative FATA

Tribunal with effective rule can provide justice to

tribal people.

He said that prompt steps would be taken to

empower FATA Tribunal for expeditious justice. He

added that the credibility of ineffective institutions

became a question mark.

The governor said that all the relevant authorities

should play effective role and adopt austerity

measures to strengthen and empower FATA

Tribunal so that tribal people could get timely

justice.

He was chairing a meeting regarding the reforms

and amendments in Frontier Crimes Regulation

(FCR) at Governor’s House here on Thursday, said

a handout.

The governor was briefed by the officials of FATA

Secretariat. Besides FATA Law and Order

Secretary Jamal Nasir, AI&C Secretary Syed

Ameerud Din, Additional Secretary Ahmad Khan,

FATA Tribunal Chairman Shah Wali Khan and

Additional Secretary to Governor Mohamamd

Dawood, other officials also attended the meeting.

The governor was also briefed on possible

amendments in FCR while performance of FATA

Tribunal was also reviewed in the meeting.

The officials informed the governor that FATA

Tribunal was not facilitated and provided financial

assistance since its inception and it was also

facing impediments and constraints in its way of

smooth working for the betterment of tribal people.

The governor was told that lack of funds, staff and

proper infrastructure badly affected the

performance of the tribunal.

Source:

http://www.dawn.com/news/1085478/governor-for-

strengthening-fata-tribunal

Governor okays steps to streamline FATA

justice system

PESHAWAR: Khyber Pakhtunkhwa Governor

Engineer Shaukatullah on Monday approved concrete

measures to streamline the judicial system in the

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Tribal Areas, protect the basic rights of the tribesmen

and ensure redress of their grievances within the

shortest possible time.

To make this possible, the governor sanctioned

creation of a new post of assistant political agent

(judicial) in each Tehsil, and ordered immediate

measures for constitution of a team of 10 to 20 Levy

personnel in each tribal agency for provision of

forensic training.

Presiding over a meeting at the Governor’s House,

the governor said that solid measures were must for

making the reforms process in FATA visible and

practicable.

“All officers of the level of assistant political agent

should be well-versed in the FCR law, and for this

purpose, a crash training programme should also be

launched,” he said.

Indeed, the government had already adopted some

useful measures to protect the basic rights of the

people of FATA, address their issues through the

reforms process, Shaukatullah said, and noted that

due to the lack of administrative support, difficulties

were being faced in realising the desired objectives.

Meanwhile, the elders of Mandal tribe in Bajaur

Agency on Monday assured the local administration

of their full support in maintaining the writ of the

government in the region.

During a jirga with senior officials of the local

administration, the tribal elders and members vowed

to expel strangers from their areas.

A number of tribal elders and members of several

village defense committees attended the jirga.

Political Agent Abdul Jabar Shah and other senior

officials were also present.

Speaking on the occasion, the political agent said

that peace had been established in the region after

elimination of terrorists but durable peace was still a

tough task as there had been threats from the

militants.

The political agent urged the tribal elders to realise

the situation and be alert for any challenges in the

area because protection of the area from anti-state

elements was the responsibilities of every citizen of

the region. He also asked the elders to speed up their

anti-militant activities and fulfill their collective

responsibility with honesty and commitment. “Joint

efforts are very essential for maintaining peace and a

complete elimination of the militants from the area,”

he added.

Shah lauded the tribal elders for their efforts and

contribution in the restoration of peace in the area,

saying they had always rendered great sacrifices for

the protection of the frontiers.

The jirga was also addressed by tribal elders and

leaders of peace committees, Mian Masood Jan,

Malik Noshea Rwan Khan, Malik Rahat, Malik

Mohammad Rahman, and Malik Zahir Shah. The

elders said the tribesmen were fully alert to meet any

challenges and that no one would be allowed to

interrupt the law and order situation in the agency.

“We are ready to face any challenges,” they said.

The jirga unanimously imposed ban on providing

shelter to suspected elements, foreigners and non-

local people in their area. The jirga also decided to

impose a fine of Rs2 million on any local if he was

found guilty of providing shelter to suspected

elements in the area within the limits of Mandal tribe.

The elders demanded the administration and the

federal government to provide special development

package to Mandal tribe.

They said that the tribesmen of Mandal tribe were

peace-living citizens of the agency that had always

rendered great sacrifices for restoration of peace in

the area.

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

newspaper-daily-english-online/national/15-Oct-

2013/governor-okays-steps-to-streamline-judicial-

system-in-fata

Training arranged for FATA judicial

officers

PESHAWAR: Five day training was held in the

Khyber Pakhtunkhwa Judicial Academy under the

Governance Support Program of FATA Secretariat

for the improving of judicial competence of judicial

officers working in Federally Administered Tribal

Areas (FATA).

As 21 officers including Assistant Political Agents,

Political Tehsildars and Naib Tehsildars were

participating in the course and it was started from

10 February up to 14th February. The training was

focusing on three areas, Court Management, Case

Management and Judgment writing.

In-charge Mediation Center Judicial Academy,

Asghar Ali while explaining objectives of the

training said generally Frontier Crimes Regulation

(FCR) is considered to be a black law but the fact

is that there are some positive points as well in the

FCR, which can be of great relief, if implemented in

true letter and spirit.

“Before designing the course, we engaged

practicing lawyers of FATA Tribunal and identified

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the weak areas” Asghar Ali said, adding that more

training of the similar nature will make the picture

more clearly about gaps and weaknesses.

On the occasion Javedullah Mehsood, Assistant

Political Agent FR Bannu while sharing his

experience said that the participants are getting

acquainted with new approaches and techniques.

He said “though a judicial set up is there in FATA

but not classy and systematized like the one in

down districts of the country”.

Javedullah hoped that the training will enable them

to deal with litigants politely and follow the

procedure in the best possible manner.

Another participant Zeeshan Abdullah, Assistant

Political Agent Baizai, Uppar Mohmand said that

the training was of immense significance for them

as they had to learn a lot of new things. “We are

being taught how to bring grace and agility in

framing issues and judgment writing” said Zeeshan

Abdullah.

He added that a well-versed and elegant judicial

officer not only will deal the complainants properly

but will also help to avoid wastage of time in the

lower as well as upper judicial form. Terming the

course very useful, he suggested that such

trainings should be continuously arranged for

judicial officers, working in FATA.

It is worth mentioning that the establishment of

FATA Tribunal in the recent years surfaced the

growing need for making the system more judicial

in nature, mechanism and outcomes. Responding

to this need, the Post Crisis Needs Assessment,

FATA Secretariat, approached the Khyber

Pakhtunkhwa Judicial Academy to design a course

for the judicial officers of FATA, focusing on three

areas of Judgment writing, case management and

court management.

During this five-day training course the participants

will be imparted training on judicial temperament

and code of conduct, jurisdiction, extended laws,

Jirga, bail & temporary injunction, transparency,

consistency & accountability of public record, legal

& linguistic requirements of decision making, plaint,

complaint, reply & determination of controversial

points, incorporation of date of hearing in a diary,

determination of quantum of sentence according to

law, critical analysis of relevant law & Current

practice on judgment writing, right to opportunity of

hearing , superdari, framing of charges &

Challan,implementation of the decree and

sensitization to human considerations.

By Farid Shinwari

Source: http://thefrontierpost.com/article/74930/5-

days-training-arranged-for-judicial-officers-FATA/

FATA sceptical of new judicial agents

PESHAWAR: Politicians and officials from the tribal

areas are divided over the governor’s decision to

create the posts of judicial assistant political agents

(APAs) to streamline the legal system of the

Federally Administered Tribal Areas (Fata).

On October 14, Governor Shaukatullah Khan

approved the creation of the APA judicial posts and

the formation of a team of 10 to 20 levies officials in

each tribal agency to acquire forensic training. The

move is meant to provide swift resolution to

problems.

The governor had said a judicial APA would be

appointed in every tehsil of all tribal agencies. The

designated person will be independent in all his

decisions.

Under this system, jirgas will continue to listen to and

resolve people’s grievances and disputes, but the

main authority to hand punishments would rest with

the judicial APA.

However, a senior official from Fata told The Express

Tribune there was a dire need for proper prosecution

of cases and evidence gathering in the region, but the

Frontier Crimes Regulation (FCR) is the biggest

hindrance to the process as it arrives at a verdict

through a jirga.

The official explained the FCR needs to be amended

to make it compulsory for a jirga to consider the

collected evidence before it passes a verdict.

“The previous reforms to the FCR in 2011 were never

implemented and the ones being attempted now will

see the same fate.” (Former MNA Akhunzada Chitan)

He added the FCR does not include capital

punishment even for crimes like murder. How will

they (judicial APAs) enforce such punishments to

people who have never been given such penalties?”

he questioned.

“A lot of procedural changes are required too. It is

also questionable whether the FATA Secretariat and

political agents would let the new system be a

success,” he said.

Iqbal Afridi, an elder and Pakistan Tehreek-e-Insaf

central executive committee member, said all political

parties have rejected the governor’s decision,

labelling it a move to eliminate the jirga system from

the tribal areas.

Afridi said the decision would have been acceptable if

the government planned to appoint independent

8

elected judges or officers, keeping the opinion of

tribesmen into account.

Afridi insisted the residents of tribal areas already felt

disconnected to political agents and APAs and it

would be unfair to take away the jirga’s powers and

give them to these officers.

Meanwhile, Fata Lawyers Forum (FLF) President

Muhammad Ijaz Mohmand welcomed the

appointment of judicial APAs and said “it is a historic

step towards an independent judicial system in Fata”.

Mohmand said the FLF had forwarded a three-point

agenda to Governor Shaukatullah which included the

separation of judiciary from the executive, the

extension of the jurisdiction of superior courts to Fata

and an independent Fata tribunal.

He added the federal government had introduced

some reforms in the FCR in 2011 whereby tribesmen

were given the right to appeal in courts against any

verdict. Minor changes were made to the FCR’s

collective responsibility clause and the Auditor

General of Pakistan was allowed to audit income and

expenditure of political agents, but this did not bring

any significant changes in the lives of tribesmen.

However, Mohmand insisted the new system would

yield better results.

Former MNA Akhunzada Chitan expressed

reservations over the new system. He said the

previous reforms to the FCR were never implemented

and the ones being attempted now will see the same

fate.

He stressed on the need for an implementing body,

claiming the FATA Secretariat and agencies’

administrators do not want the judicial system in

place.

By Asad Zia and Muneeb Mohmand

Source: http://tribune.com.pk/story/620518/casting-

doubts-fata-sceptic-of-judicial-apas-in-tribal-areas/

High Court warns against ignoring FATA

rights

“FATA has not been given due rights, says

Peshawar High Court Chief Justice.”

PESHAWAR: Chief Justice of the Peshawar High

Court (PHC) Justice Dost Mohammad Khan on

Saturday said Fata had been ignored for the past

66 years and if resources had been provided to its

people, the area would not have been producing

suicide bombers and masterminds of bombings.

Addressing a function at the Judicial Academy

here, Justice Dost Mohammad said no university

could be set up in Fata even after 66 years. He

said Fata had not been given its due rights and

resources and that is why the situation worsened

there and gripped the entire country.

He further added that our enemies always tried to

make the situation worse for us. By setting up

more universities, the sense of deprivation of

tribesmen could be removed.

He said the Constitution must govern all affairs,

and all institutions and members of society must

play their role in improving the country’s situation.

He said the president and army chief will have to

ensure equitable justice for all.

Source: http://thenews.com.pk/Todays-News-13-

28182-Ignored-Fata-producing-bombers-PHC-CJ

High Court debates extending authority

to FATA

PESHAWAR: To determine the authority of the

court, the Peshawar High Court (PHC) ordered

lawyers to argue on extending the jurisdiction of

the high court to the tribal areas at the next hearing

of the petition on the appointment of members of

the Federally Administered Tribal Areas (FATA)

tribunal.

The tribunal consists of two members and a

chairman who hears the review petitions of cases

from the tribal areas.

On Thursday, a two-member bench comprising

Chief Justice Dost Muhammad Khan and Justice

Malik Manzoor Hussain were informed by lawyers

that the current members of the FATA Tribunal

were not familiar with the customs of the tribal

areas.

The lawyers told the court that in the petition filed

by Advocate Ijaz Mohmand under Section 55-A of

the Frontier Crimes Regulation it was necessary to

appoint those people as members who are familiar

with the customs. The current members and

chairman were appointed by the governor and do

not fall in that category.

Petition says it was necessary to appoint those

people as members who were familiar with the

customs.

The court said that as the orders of the tribunal

cannot be challenged in the PHC, they first need to

determine if the court can hear the case

proceedings or not. The bench adjourned the case

9

to the next hearing and told the lawyers to argue

on the extension of the jurisdiction.

The tribunal consists of two members – Pir Fida

Muhammad and Akbar Khan, and a chairman,

Shah Wali Khan, who hears the review petitions of

cases from the tribal areas.

Source: http://tribune.com.pk/story/656995/tribal-

lines-phc-invites-debate-on-extending-authority-to-

fata/

PPP leader Babar Awan seeks extension

of court jurisdiction to FATA

“A separate services tribunal should be set up for the

employees from the tribal areas so that their

grievances may be easily addressed”, says Babar

Awan.

PESHAWAR: Senior leader of Pakistan Peoples

Party (PPP) Babar Awan on Tuesday said the

government should introduce the 21st amendment in

the Constitution to bring the Federally Administered

Tribal Areas (Fata) within the jurisdiction of the

Peshawar High Court (PHC).

Talking to journalists at the PHC premises, Awan said

a separate services tribunal should be set up for the

employees from the tribal areas so that their

grievances may be easily addressed. He added the

PHC should hear appeals against any decision of the

federal and provincial services tribunals.

Source: http://tribune.com.pk/story/624336/ppp-

leader-babar-awan-seeks-extension-of-courts-

jurisdiction-to-fata/

Time for reform in FATA justice system

PESHAWAR: The Peshawar High Court (PHC) has

issued notices to secretaries of State and Frontier

Regions, Law and Parliamentary Division, and

Khyber-Pakhtunkhwa (K-P) Home and Tribal

Affairs Department over the sentencing of a

tribesman, who was arrested under one charge,

but later convicted in another case.

A two-member bench comprising Justice Mazhar

Alam and Justice Yahya Khan Afridi issued the

notices when it was informed by Advocate

Samiullah Afridi that his client Nizam was arrested

under sections 365 and 11 of the Frontier Crimes

Regulations (FCR).

The bench was further informed Nizam was later

tried in other cases and the assistant political agent

of Bara, Khyber Agency sentenced him to 10 years

in prison under sections 121 and 122 of the

Pakistan Penal Code and Section 11 of the FCR.

During his arguments, Samiullah Afridi said tribal

people are also residents of Pakistan, but are

treated differently compared to other citizens of

settled areas. He maintained the decades-old FCR

should be abolished so residents of this backward

region can enjoy their liberty as other citizens do.

“The current law is against basic human rights and

local residents want it abolished from their areas,”

said the advocate. He added the current sentence

given to Nizam must be declared null and void.

The current law is against basic human rights and

local residents want it abolished from their areas.

(Advocate Samiullah Afridi)

After hearing the arguments, the bench issued

notices to the secretaries to explain their position.

The FCR dates back to the time of the British Raj

and is generally regarded as a draconian law by

the local tribesmen of Fata who say they are

denied the fundamental right of a lawyer during

prosecution. One of the much-criticised aspects of

the FCR is the collective responsibility clause

which holds tribesmen accountable for the crime of

one clan member.

Source: http://tribune.com.pk/story/632684/time-

for-reform-phc-issues-notices-over-sentencing-of-

tribesman/

FATA demands extension of court

jurisdiction

PESHAWAR: Tribal people have demanded

President of Pakistan to extend jurisdiction of High

Court and Supreme Court to tribal belt like other

parts of the country, as the recent FATA Tribunal

established to resolve their issues could not

provide speedy justice.

It is pertinent to mention here that FATA Tribunal

had been established in 1997 consisting of two on

service members of federal law and home

department while after amendments took place in

2011in Frontier Crimes Regulations (FCR) the

tribunal is consisting of three retired members.

One of the tribesmen, Shah Mohammad of

Landikotal Khyber Agency told this scribe that

Khugkhel tribe of Shinwari was receiving around

one million losses due to closure of Torkham

general stand as the final decision was not made

by members of FATA Tribunal in last six months.

He informed that they had been attending the court

proceeding for last six months; however no final

10

decision was made so far.”No hearing of case took

place in last six months despite giving new date for

next hearing,” he added.

Final decision should be made in order to avoid

daily losses, Shah said and demanding that they

want High Court and Supreme Court to extend its

jurisdiction to tribal areas in order to provide swiftly

justice to tribesmen.

Shah Pasand another tribesman of Mohmand

Agency said he had land dispute with rival group in

Ghalanai area of Mohmand Agency and selected

official Jirga by political agent gave verdict in favor

of opposition party which I challenged in tribunal.

However he regretted and saying he was not

provided justice in last eight years despite

appealing in tribunal against the verdict being

given.

Aggrieved person demanded justice from members

of tribunal in order to get rid of the disputed matter

as he is unable to afford the expenditures of lawyer

being hired for fighting the case.

FATA and Khyber Pakhtunkhwa lawyers have

different opinions about FATA Tribunal as Qubais

Shinwari, who performed his duty in high court as a

lawyer commented on Saturday that lawyers’

community applauded the step towards

amendments being made in (FCR) by former

President Asif Ali Zardari, though amendments

were not made on wishes of tribal people.

“The tribunal was not fully empowered as

expected, Shinwari said and adding it works for

solving the issues of official departments despite

local tribesmen”. The tribal people, lawyer said are

equal citizens as compared to other citizen of the

country in light of 1973 constitution while they have

been deprived of fundamental rights in their

respective areas.

He informed that there is difference between Court

and Tribunal while still it does not meet

requirements of a tribunal because merit and

competency is considered must while appointing a

judge or member of tribunal. The sitting members

of tribunal, according to Shinwari have been

appointed on political basis despite merit.

Farooq Mehsud a lawyer, who compared the

performance of previous FATA Tribunal with recent

one saying that the current tribunal, is conducting

hearing of cases a full week while earlier was

conducting once in a week. Its trial as compared to

previous tribunal is speedy and it provides justice

as quick as possible, Mahsud added.

On service secretaries of federal home and law

department used to conduct hearing of various

nature of cases in past while the recent tribunal

consisting of retired bureaucrats of 21 rank, he

informed. The role of current tribunal was highly-

appreciated by Mahsud as it would help solve

minor issues in no time.

However the 2011 amendments brought the court

out from under the direct administration of federal

government and placed two retired bureaucrats

and one lawyer in the FATA Tribunal.

The reforms further explains that membership of

FATA Tribunal must consist of a Chairman and two

other members. The Chairman must be a civil

servant of not less than BPS 21 rank and have

adequate experience of tribal administration. While

the other two members must be retired civil

servants of not less than BPS 20 grade and have

enough experience of tribal belt. The third member

must qualify to be appointed as a judge of high

court and must be familiar with tribal customs and

traditions.

Contrary to the comments of abovementioned

lawyer and tribesmen, Chairman of FATA Tribunal,

Shah Wali Khan Orakzai in his exclusive interview

with The Frontier Post said the tribunal deals both

civil and criminal cases. Chairman however shared

the statistics saying that verdicts of around 500

cases have been made by members of tribunal

while 89 cases are still in pending which will be

solved soon.

By Farid Shinwari

Source: http://www.thefrontierpost.com/article/5206

8/

MNAs to table resolution for extension of

superior courts to FATA

PESHAWAR: The parliamentarians from the tribal

areas would table a resolution in the National

Assembly and Senate to seek the extension of

jurisdiction of the superior courts to the Federally

Administered Tribal Areas (Fata) to check the

violation of fundamental rights guaranteed by the

Constitution.

Fata Lawyers Forum (FLF) President Mohammad

Ijaz Mohmand told The News on Sunday that the

forum with the help of Fata parliamentarians had

sensitized about 300 MNAs of the ruling and

11

opposition parties, including Pakistan Muslim

League-Nawaz, Pakistan People’s Party,

Muttahida Majlis-e-Amal, Pakistan Tehreek-e-Insaf

and Awami National Party to support the resolution

seeking the extension of jurisdiction of superior

courts to Fata, which is being governed under the

British-era Frontier Crimes Regulation (FCR).

He said the FLF held a meeting with Fata

parliamentarians on August 21 to persuade them to

move a resolution at the National Assembly and

Senate to make amendments to the Article 247 (7)

of the Constitution.

Ijaz Mohmand said the senators and MNAs from

Fata had assured the FLF to draft the amendment

and get it passed with the help of the ruling party.

“We have drafted the resolution and it will soon be

tabled in the National Assembly and Senate,” the

FLF president said.

Ijaz Mohmand said though constitutionally the

parliamentarians from Fata were barred from

legislating for Fata, they were presenting the

resolution with the help of other parliamentarians to

make amendments to Article 247 of the

Constitution to extend the jurisdiction of the

superior courts to Fata as the tribes-persons were

deprived of the fundamental rights guaranteed by

the Constitution.

He said the extension of the jurisdiction of the

superior courts would restrain the political

administration from violating the fundamental rights

of the tribal people under the FCR.

The FLF has forwarded the draft of the resolution

to Fata parliamentarians for its passage from both

the houses the Parliament. It states: “Article 1 of

the Constitution has defined the territories of

Pakistan, which includes Fata. Despite being an

integral part of Pakistan, more than 10 million

inhabitants do not enjoy the protection of their

fundamental rights as guaranteed by the

Constitution.”

The proposed draft stated that the inhabitants of

Fata are governed by a draconian law called the

FCR and the jurisdiction of the Supreme Court and

Peshawar High Court has been ousted through

Article 247 of the Constitution, unless the

Parliament provides otherwise, through legislation

and certain laws are extended to Fata.

“Since the people of Fata are citizens of Pakistan

and are entitled to be treated equally under the

Constitution and their fundamental rights also to be

protected under the Constitution. We the members

of the National Assembly do hereby resolve and

recommend the necessary amendments be made

immediately in Article 247 of the Constitution

regarding extension of the superior courts in Fata,”

said the proposed draft of the resolution.

On 22 August, the Supreme Court Bar Association

of Pakistan also passed a unanimous resolution on

the request of the FLF. The contents of the

resolution were enforcement of fundamental rights

in Fata, extension of jurisdiction of high courts and

Supreme Court to Fata and rule of law in Fata.

The Khyber Pakhtunkhwa Assembly has also

passed a resolution demanding representation of

people of Fata in the provincial assembly and

extension of superior courts’ jurisdiction to the

tribal areas.

Former minister for Law, Parliamentary Affairs and

Human Rights Arshad Abdullah had moved the

resolution asking the government to abolish the

newly constituted Frontier Crimes Regulation

(FCR) Tribunal and establish a proper judicial

forum.

The resolution demanded deletion of clause (7) of

Article 247 of the Constitution for being in violation

of fundamental rights of tribal people and called for

extension of the jurisdiction of the higher courts to

Fata.

By Akhtar Amin

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

2-219122-KP-MPs-to-table-resolution-for-

extension-of-superior-courts-to-Fata

Senate told Citizenship Act does not apply

to FATA

ISLAMABAD: The century-old Frontier Crimes

Regulation (FCR) act which governs the troubled

Federally Administered Tribal Areas (Fata) not only

denies the basic human rights of religious

minorities, but also denies residents citizen rights,

it emerged on Thursday.

These startling revelations came to the fore in the

Senate when ministers highlighted that minorities’

rights in Fata are severely lacking.

For the first time, it was pointed out in parliament

that Christians living in Fata since 1914 cannot get

a domicile under the prevailing colonial era law

(FCR) enforced by British rulers in 1901.

12

After cosmetic changes, the same draconian laws

are enforced in the lawless tribal areas bordering

Afghanistan. Two female lawmakers, PPP Senator

Farhat Abbass and ANP Senator Farah Aqil, raised

the matter of non-issuance of domicile certificates

to the Christian community residing in Fata.

Aqil who was present in the House when the issue

was taken up, claimed that the Christian

community residing in Fata for several decades

has not been issued domicile certificates.

The domicile is one of the very basic pre-requisites

for applying for a job or a seat in college and

university under the quota system.

The ANP legislator further claimed that many

Christian communities had been living in Fata for

generations, with most residence records showing

that they had settled there since 1914.

Federal Minister for Parliamentary Affairs Sheikh

Aftab responded that domicile in Fata is issued

only to local residents under the 1901 FCR Act.

He said the Christian community came there for

jobs after the enforcement of the act and that they

are given a CNIC and they can purchase property,

but the law does not permit the issuance of a

domicile to them. Instead, however, they are

issued a Permanent Resident Certificate.

The minister’s startling revelation that the

Citizenship Act of Pakistan is not applicable to Fata

areas created a stir in the House.

Leader of the Opposition Aitzaz Ahsan questioned

how the Citizenship Act is not applicable to Fata if

the region is part of Pakistan.

The chair also expressed his concerns over the

issue and referred the matter to the relevant

standing committee for further deliberation.

By Irfan Ghauri

Source: http://tribune.com.pk/story/671607/senate-

told-citizenship-act-does-not-apply-to-fata/

High Court reserves judgment on Federal

Investigation Agency jurisdiction in

FATA

PESHAWAR: The Peshawar High Court (PHC) on

Monday reserved its decision on the extension of

the Federal Investigation Agency (FIA) jurisdiction

to investigate cases in the Federally Administered

Tribal Areas.

PHC Chief Justice Dost Muhammad Khan also

questioned which anti-corruption body would be

responsible to probe allegations of

misappropriation, if any, in the tribal areas. He was

hearing a revision application filed by Fata

additional chief secretary wherein the FIA asked

the political agent (PA) of Khyber Agency to clear

his position in a corruption case.

The petitioner’s counsel, Advocate Qazi

Muhammad Anwer informed the court a few

months earlier FIA had asked the PA to clear his

position, but under the FIA Act, 1974, its

jurisdiction did not extend to the tribal areas.

Advocate Anwer added they had first contacted a

civil judge who had disposed of the application

saying the FIA could carry out investigations

throughout the country. He, however, contested

the civil judge’s decision, saying even several

presidential regulations have not made it clear if

Fata falls under the ambit of FIA.

Justice Khan then inquired which agency could

probe cases of corruption in tribal areas,

questioning why the area was exempted even

though the PA himself draws his salary from the

national exchequer.

Standing counsel Jamil Warsak told the court there

is no written stipulation in the FIA Act 1974 stating

it cannot carry out investigation against employees

working in Fata, adding the agency should initiate

its probe as there were many complaints of

corruption.

“Article 1, Section 2 of the FIA Act 1974 says it

extends to the whole of Pakistan and also applies

to all citizens and public servants of Pakistan,

wherever they may be.”

Warsak also brought up an earlier case pertaining

to Mosa Neka Public School in South Waziristan

which was investigated by both FIA and National

Accountability Bureau (NAB). The PHC had given

a verdict of corruption in the case, reminded

Warsak. After hearing arguments from both sides,

the chief justice reserved his decision over the

extension of FIA’s jurisdiction to Fata which will be

divulged at a later date.

Source: http://tribune.com.pk/story/627100/transpa

rency-concerns-phc-reserves-judgment-on-fias-

jurisdiction-in-fata/

13

Journalists condemn abuse by FATA

officials

Tribal journalists feel unsafe in Khyber Agency.

Political Moharars disgraced a local tribal journalist

at Landikotal for his bold and independent

reporting.

Tribal journalists, hailing from Landikotal sub-

division of Khyber Agency, have been facing

discrimination and harassment by the political

administration of Landikotal and Khyber Agency.

Tribal journalist Shahid Shinwari was insulted at

Michni check post at Landikotal after media

reported widespread corruption at the post. A

political moharar known as Saifur Rehman dealt

with a local journalist Shahid Shinwari in a very

disgraceful and humiliating manner, arguing that if

local journalists are making public and highlighting

their corruption, they would not be patiently

tolerated to visit their offices and check posts. “I

was forced to get out of his office at Michni post in

Landikotal in a disgraceful way” Shinwari

complained in Landikotal press club.

It was also learnt that local administration had

reportedly issued instructions to the lower staff and

officials of Khasadar Force to keep away from

journalists and don’t cooperate with them in any

way, a source from Michni check post informed,

advising the local journalists to confine their

activities and don’t interact with administration or

its staff directly, which is an alarming situation for

local media persons.

Political Agent Khyber and APA Landikotal have

allegedly adopted a very negative and

discriminative behaviour to divide journalists and

harass them through various tactics by resorting to

the policy of sticks and carrots. The local

journalists have also communicated with local

administration regarding threats through text

messages from unknown numbers but the

administration pushed the very serious issue under

the rug, which created further suspensions in the

minds of the local journalists. The authorities

ignore to comment when their version is sought

regarding any issue, which is meant to keep media

in darkness.

The gulf and misunderstanding between the local

mediapersons and political authorities get deep

and wide with the passage of time. The basic fact

is that political agent and Landikotal administration

wished to keep mums in the mouths of journalists

to keep them silent to remain indifferent to the

situation and don’t expose any wrongdoing, but the

journalists have kept adherent to the principles of

free and fair reporting to let the world know the

ground realities.

The local journalists while condemning the rude

and aggressive misbehavior of the clerical staff at

Landikotal have warned to resort to a protest

movement if immediate and strict action was not

taken against the accused clerical staff at Michni

check post.

By Sudhir

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

news/16288380-journalists-condemn-high-

handedness-of-administration-officials

Mainstreaming FATA

Pakistani political parties aim to bring

FATA into mainstream

ISLAMABAD: Pakistan’s Federally Administered

Tribal Areas (FATA) have enjoyed unprecedented

political freedoms for more than two years, and a

committee comprised of the country’s 10 key

political parties is touring the country to gain

support for more reforms that would empower the

long-neglected region.

Parliamentary approval of the proposed reforms is

necessary if they are to become law.

The parties, united under the banner of the Political

Parties Joint Committee on FATA Reforms, include

the Awami National Party, Qaumi Watan Party,

Jamiat-e-Ulema Islam (Fazl), the Pakistan Peoples

Party (PPP), Pakistan Muslim League-Nawaz,

Pakistan Muslim League-Quaid (PML-Q), Jammat-

e-Islami (JI), the Muttahida Qaumi Movement, the

National Party and Pakistan Tehreek-e-Insaf (PTI).

Committee’s activities

The parties on January 13 agreed on a list of

reforms to try to promote a stable peace in FATA,

a region that has been afflicted by terrorism since

about 2007.

The FATA reform committee, which was formed in

late 2010, is fighting to help the tribesmen enjoy

“access to the judicial system, constitutional

guarantees and all fundamental rights like other

citizens of Pakistan,” Ajmal Khan Wazir, central

vice-president of PML-Q and member of the FATA

committee, said.

14

The agreed-upon reform agenda proposes

instituting local bodies’ elections, broad

infrastructure development, and special funds for

health and education, Wazir said.

During its nationwide tour, the committee will

confer with the leaders of its member political

parties and will hold media briefings in provincial

capitals, Wazir told Central Asia Online.

The delegation January 11 visited Quetta to meet

with Balochistan Chief Minister and National Party

Central President Dr. Abdul Malik Baloch and

discussed proposed reforms for FATA.

“We support the endeavors of the FATA Reforms

Committee as it is a must for FATA residents to

enjoy the same rights that has been enshrined in

the constitution for every Pakistani national,”

Baloch said during a January 11 press conference

about the meeting.

Besides Quetta, the committee’s itinerary in

January includes Karachi and Peshawar.

It earlier visited Lahore in December, meeting with

JI chief Syed Munawar Hassan and other leaders.

1st party-based elections ever in FATA

The committee’s work comes on the foundation of

historic reforms in 2011 that enabled FATA

residents to fully participate in the country’s

political life last year.

In August 2011, then-President Asif Ali Zardari

amended the Frontier Crimes Regulation (FCR), a

British-era law curtailing FATA residents’ rights,

and extended the Political Parties Act (PPA) 2002

to the tribal areas. The change allowed political

parties to operate there as they do elsewhere in

Pakistan and compete for votes in the May 11

general election.

Prior to the extension, FATA’s 12 assemblymen

and 8 senators had to run as independents. Now,

tribal candidates may stand for general elections

as standard-bearers of political parties.

Political leaders and civil society activists hail the

extension of the PPA, saying that more such

reforms could help defeat militancy in the region.

“Tribal people are very thankful to … Zardari, who

lifted a 64-year-old ban in August 2011 on the

activities of political parties in the seven tribal

agencies,” Akhundzada Chattan, a former

parliamentarian from Bajaur Agency and a leader

of the PPP, said.

The participation of political parties in the tribal

areas in last May’s general election had a positive

impact, Islamabad-based political analyst Kahar

Zalmay said.

“There is no concept of basic democracy without

the operation of political parties,” Zalmay told

Central Asia Online. “FATA is no exception. When

you allow people to vote and to campaign, you’re

making them stakeholders.”

“Political parties carried out their campaigns, and a

large number of the tribal people cast their votes in

the first party-based elections,” Abdullah Afridi, a

PTI supporter in Khyber Agency, said, suggesting

that FATA residents have become frustrated with

the militancy and have faith in democratic

governance.

Even though terrorists issued threats and

committed outright violence, FATA voter turnout in

the 2013 general election was 36%, compared to

31% in 2008.

By Zia-ur-Rehman

Source: http://centralasiaonline.com/en_GB/article

s/caii/features/pakistan/main/2014/01/14/feature-

01

Government to bring FATA into

mainstream

ISLAMABAD: President Mamnoon Hussain has

said that government is keen to undertake all

possible measures to remove the sense of

deprivation of people of tribal areas and bring them

into the mainstream of national life in terms of

socio- economic development.

He stated this while talking to a delegation of FATA

Senators led by Senator Abbas Khan Afridi who

called on him at Aiwan-e-Sadr on Tuesday. During

the meeting important issues including law and

order situation in FATA and developmental matters

in different constituencies of the tribal areas came

under discussion.

He said that government has planned various

development projects for FATA which will not only

facilitate the tribesmen but will also create

employment opportunities for them.

Other members of the delegation included Senator

Abbas Khan Afridi, Senator Muhammad Idrees

Khan Safi, Senator Malik Najam ul Hassan,

Senator Muhammad Saleh Shah, Senator Haji

Khan Afridi and Senator Hidayat Ullah.

Source: http://fata.thefrontierpost.com.pk/?p=282

15

Agency level political parties unite for

FATA reforms

The Alliance sought that Local Government polls,

FCR reforms and inclusion of FATA people in the

reforms debate process must be ensured.

The All Bajaur Political Parties Alliance has agreed to

a four-point agenda for the tribal areas:

1) identify issues FATA people face;

2) suggest possible solutions;

3) define a more interactive and leading role for

political parties; and

4) design strategic plans.

The war, militancy and chaos along with drone strikes

were termed as military/militancy problems faced by

FATA people. The Alliance demanded peace and

cessation of drone strikes at the earliest and sought

representation of FATA people in dialogue with the

Taliban.

Although amendments to FCR were announced and

enacted in August 2011, they have not been

implemented till this time. The Alliance also

discussed that FATA parliamentarians are deprived of

legislative rights for FATA in any constitutional forum.

It was also again pledged that a FATA elected council

should be established having power to enact reforms

for FATA.

FATA must be included in Pakistan and in the Prime

Minister’s six-point development program. Economic

depression in FATA due to militancy was also

discussed and highlighted in the meeting. The

Alliance sought that a special package be announced

for FATA economic uplift.

The Alliance took notice of irregularities in the

development activities of NGOs in FATA. Some

projects were termed as wastage of resources. An

effective monitoring cell for monitoring and vetting the

NGOs implementation and recruitment processes

was urged in the meeting.

The Alliance discussed and drew up a strategy for

political parties that includes the Alliance and that

unity among parties will be maintained. The All

Parties Conferences will be continued and political

alliances will be set up in every FATA agency. A

protest and staging of a sit-in in Islamabad was

planned.

Source: http://www.slideshare.net/fatanews/agenda-

bajaur-political-parties-allaince-v4-2013-1007

FATA parties work together for peace

and reforms

PESHAWAR: Naib Ameer Jamaat-e-Islami FATA,

Zarnoor Afridi has said an agenda with

consultation of all religious and political parties of

tribal belt have been finalized for forthcoming Loya

Qabaili Jirga scheduled to be held on 22 December

at Nishtar Hall Peshawar.

Peace to be restored in tribal region and military

operation should be ended and federal

government to initiate peace talks with Taliban and

stop CIA operated drone attacks, Afridi while

sharing one of the points of agenda devised for

coming Loya Qabaili Jirga.

Local bodies elections to be held in tribal regions

like other parts of the country and date should

instantly be announced, a full fledge financial

package of 200 Arab to be released for restoration

of FATA, an amendment to be made in 247 section

of constitution and Presidential authority over

FATA to be given to elected parliament, he further

shared.

Restriction over journalism to be lifted and PEMRA

laws should be extended to tribal belt, Political

Agent to be held responsible to judiciary and

legislature, judiciary and administration to be

separated while high court judges instead of

bureaucrats in FATA Tribunal and session judge

despite Additional Political Agent to be nominated,

he informed.

Zarnoor Afridi, a member of reforms committee of

All FATA Political Alliance while addressing at a

news conference said tribal region has become a

hub of problems including potable water, health,

education, infrastructure and IDPs.

He further added that on one side tribal belt if

affected owing to US war against terrorism while

on the other side, a legal and constitutional space

is still vacant since 1947, Afridi said. To take out a

unanimous resolution of problems, all tribal political

and religious party leaders decided to hold a

Qaumi Jirga on 22 December in Peshawar.

People belong to all thoughts of school including

elders, maliks, clerics, journalists and leaders of JI,

JUI-F, PTI, PPP, PML-N, PML-Q, ANP and QWP

will participate in the Jirga.

Source: http://thefrontierpost.com/article/62506/Fat

a-political-alliance-all-set-to-hold-Jirga-on-Dec-22/

16

Article 247

Youth call for extending constitutional

rights to FATA

“Lawyers from the tribal area said that the

government should separate executive from the

judiciary and extend jurisdiction of the Supreme

Court to FATA.”

PESHAWAR: Youths from the Federally

Administered Tribal Areas (Fata) have called for

provision of fundamental human rights to the tribal

people and abolition of the colonial era laws

blatantly violating these rights.

Attending a one-day consultative seminar on the

new FATA Youth Policy here on Tuesday, they

said that they wanted abolition of discriminatory

sections of Frontier Crimes Regulation (FCR),

amendment to Article 247 of the Constitution and

extension of fundamental rights incorporated in the

Constitution to Fata.

Lawyers from the tribal area said that the

government should separate executive from the

judiciary and extend jurisdiction of the Supreme

Court to Fata. The seminar brought differences of

opinion on core issues between the youths and

policymakers to the limelight.

Khyber Pakhtunkhwa Governor Engineer

Shaukatullah inaugurated the seminar, which was

attended by students, professionals, academicians

and officials of the Fata Secretariat. Later, the

participants were divided into four groups to

include their input in the proposed policy that would

be approved soon.

Mohammad Asif, who was heading the political

group, said that the policy draft extensively

discussed human values and fundamental human

rights, but was silent on the FCR.

Mohammad Asif, who was heading the political

group, said that the policy draft extensively

discussed human values and fundamental human

rights, but was silent on the FCR.

He said that such policies would be futile until the

government extended all constitutional rights to the

tribal area. He demanded that the government

should abolish all draconian laws and executive

orders which are repugnant to the Constitution.

The policy draft called for respect for human rights

as adopted in the Universal Declaration of Human

Rights 1948 and mentioned in the fundamental

rights endorsed by the Constitution.

The policy draft called for respect for human rights

as adopted in the Universal Declaration of Human

Rights 1948 and mentioned in the fundamental

rights endorsed by the Constitution.

An official said that the federal government had

extended about 136 laws to the tribal area, but it

could not be implemented because of absence of

mechanism and infrastructure in Fata.

Fata Lawyers Forum president Ijaz Mohmand

called for the separation of judiciary and executive

in tribal area and amendment to Article 247 of the

Constitution. He complained that political reforms

announced for Fata in 2011 had not been fully

introduced.

Fata Lawyers Forum president Ijaz Mohmand

called for the separation of judiciary and executive

in tribal area and amendment to Article 247 of the

Constitution. He complained that political reforms

announced for Fata in 2011 had not been fully

introduced.

He said that fundamental rights could not be

protected without extension of the jurisdiction of

parliament and superior courts.

Dr Ziarat Shah, representing the panel on social

empowerment of tribal youth, observed that

restoration of peace was prerequisite for the social

empowerment of tribal society. He said that the

government should ensure provision of basic

amenities, including health and education.

Prof Bashir Ahmad hailing from Mohmand Agency

observed that efficient local government

system was need of the hour otherwise political

empowerment of tribal society would be

impossible.

The governor appreciated the efforts of Fata

Secretariat for the consultation for the first youth

policy for Fata. He said that the government was

providing opportunities to tribal people to prepare

policies for themselves. He, however, said that

professionals, including specialist doctors, did not

go to tribal area despite opportunities and

incentives.

Source: http://www.dawn.com/news/1085030/youth

-call-for-extending-constitutional-rights-to-fata

17

Senators want FATA people accorded

legislative rights

ISLAMABAD: Senators from opposition parties in

the upper house of Parliament gave voice to the

rights of those living in the country’s tribal region,

saying their fundamental rights were being

violated.

Taking part in a debate on the law and order

situation in the tribal areas during the last sitting of

the 99th senate session, PPP and ANP senators

commented on the inability of those living in the

tribal region to create legislation for their rights or

to hold a local body election. ANP senator Afrasiab

Khattak said the rights enjoyed by people in other

parts of the country are not available to those in

the tribal region.

“There is no parliament in the area and FATA

parliamentarians cannot push for legislations for

their respective area,” he noted.

He added that during the last few days, those killed

or injured in clashes with the armed forces were

unable to access medical facilities due to a

continuous curfew in the area. The president must

take steps to improve the living conditions of those

in the region, as it comes under his control, the

senator added.

He also sought an impartial inquiry into the killing

of innocent people and children during the military

operation in Mirali and Miran Shah. Khattak

emphasized the need for comprehensive reforms

and regulation in FATA.

There is no parliament in the area and FATA

parliamentarians can not push for legislation for

their respective area. (ANP Senator Afrasiab

Khattak)

He alleged that some local agencies were involved

in creating unrest in Balochistan while some

foreign agencies are also operating in the area.

Khattak demanded an end to the disappearances

taking place in the area. PPP senator Raza

Rabbani stated that according to the constitution,

the president could take notice of the law and order

situation in FATA and take steps to bring reform in

the area.

Leader of the House Raja Zafar ul Haq said that

reforms should be introduced in FATA to maintain

law and order. He added that the issue was

discussed many times in the senate but no

resolution had been offered by former

governments. “I will personally meet the president

and inform him about the sentiments of the

Senate,” Haq assured the house.

The PPP’s Maula Bakhsh Chandio claimed that the

incumbent government has totally failed to honour

promises made during the election campaign.

By Peer Muhammad

http://tribune.com.pk/story/648577/call-for-reforms-

senators-want-fata-people-accorded-legislative-

rights/

Political parties stress restructuring of

FATA

LAHORE: The Political Parties’ Joint Committee on

FATA Reforms has sought implementation of the

proposed restructuring of the Federally

Administered Tribal Areas by amending the Article

247 of the Constitution and holding the local

elections there.

Speaking to reporters after getting support of the

Jamaat-i-Islami on Thursday, the committee

members said FATA people offered unprecedented

sacrifices for the creation of Pakistan and also

fought for the Kashmir cause. Earlier, the

committee members held a meeting with the JI

leadership at Mansoora.

Jamaat-i-Islami’s Prof Ibrahim said the FATA

reforms proposed by the committee after thorough

deliberations included guarantee of peace,

amendment to Article 247 of the Constitution,

holding of local elections, comprehensive package

for infrastructure with special focus on health,

education and employment, future decisions of

FATA by its people, extension of Pemra

jurisdiction, formation of Jirga System as

democratic and independent, abolition of actions in

aid of civil power regulation, separation of

executive and judicial powers, and ensuring

safeguarding life and property of the citizens.

Asked whether the JI (along with the committee

members) planned to be a mediator for talks

between the government and the Taliban, Prof

Ibrahim said since it was not the mandate of the

committee, it didn’t want to intervene. “It’s the job

of the government and we are just here to put our

reforms/recommendations before the media,” he

added.

He said the MQM was also member of the

committee but couldn’t attend the briefing in

Lahore.

18

JI chief Munawar Hasan said since the people of

FATA had given sacrifices for Pakistan and

Kashmir, they must be included in the

constitutional framework of the country.

The committee stressed that the political parties

must unite to ensure legal reforms for tribal people.

They said the committee planned to meet the

president, the prime minister and the Khyber

Pakhtunkhwa governor to discuss the reform

agenda.

Source: http://www.dawn.com/news/1072196/restr

ucturing-of-fata-stressed

Citizen petition to abolish FCR and

extend constitution

The people of Federally Administered Tribal Areas

(FATA) are deprived of the basic human

rights enumerated in the constitution of Pakistan.

We demand extension of constitution to FATA

which is governed under the colonial law -Frontier

Crime Regulation (FCR) for centuries.

This colonial law denies basic human rights in the

21st century to millions of people of FATA. The

Pakistani government should abolish FCR and

extend constitution to this lawless region and the

people should be freed from the clinches of the

prevailing draconian law.

FATA consist of Seven Agencies namely South

Waziristan, North Waziristan, Kurram, Orakzai,

Khyber, Mohmond and Bajaur and six Frontier

Regions, FR Tank, FR Dera Ismail Khan, FR

Bannu, FR Lakky, FR Kuhat and FR Peshawar,

inhabiting millions of people.

The constitution of Pakistan does not guarantee

liberty and social justice to the people of Federally

Administered Tribal Areas (FATA) as it has been

administered by a century old administrative

system introduced by the British government in

1901. Under Article 1 of the 1973 Constitution,

FATA is a part of Pakistan but constitution is not

extended to this border region of Pakistan. Article

247 of 1973 Constitution deals with exercise of

power in FATA.

The President of Pakistan is the executive head of

FATA and exercises his power through his agent,

Governor of Khyber Pakhtunkhwa. Under the

Governor, there is a Political Agent in each agency

who commands political, executive, legislative and

administrative authority in the agency. He is the

judge, juror, police chief, prison official, local

administrator and prosecutor.

The Political Agent is the supreme head of the

Agency with ultimate power and can be called an

emperor without a crown. Constitutionally, no law

of parliament is applicable to FATA until the

President of Pakistan desires to implement it.

FATA is represented in both the upper and the

lower houses of the Pakistani Parliament but FATA

parliamentarians cannot legislate for their region.

The denial of political and civil rights and liberty not

only grounds for the backwardness of FATA but is

the major cause of pushing the region into the

present turmoil and violence.

The denial of political and civil rights and liberty not

only grounds for the backwardness of FATA but is

the major cause of pushing the region into the

present turmoil and violence.

In a democratic setup it is the utmost responsibility

of the state to provide basic rights and guarantee

security to its citizens. It is high time that the

government should opt for political process and

encourage political activities in FATA rather than

military operation.

The prevailing system of justice under the FCR in

FATA is miserably failed to protect life, property

and liberty of individuals and tribes. The FCR

provisions include confiscation of property,

demolishing of houses, baring individual or tribe to

enter the settle areas of Pakistan, expelling a

person from his residency, imposition of fine on

entire tribe of the accused or criminal, and no right

to go to any court in the country against the

inhuman and ultra-constitutional decision of

Political Agents.

FCR articles include “seizure of property and arrest

and detention of an individual without due process,

barring a person in the tribal areas from entering

the settled districts (Section 21); removing a

person from his residence/locality (Section 36);

imposition of fine on the entire community for

crimes of an individual (sections 22, 23);

prohibition on erecting village, walled enclosures

and their demolition (sections 31-33); demolition of

a house or building on suspicion of being used or

populated by thieves or dacoits (Section 34); fines

on relatives of a criminal and realization of fines by

selling his property (Section 56); and, no right to go

to courts against the Political Agent’s decision

(Section 60)”.

19

Is there any place in the globe where such law

administers justice? Obviously, the answer is in

negative, and no one has heard about such a

brutal law where law may enslave individual and

tribe in 21st century contrarily human dignity. Is

there any state where constitution bows before the

ordinary law? Again, Pakistan is an exceptional

case, where the FCR is more powerful in FATA

than the constitution of the country.

We demand the abolishment of the Frontier Crimes

Regulation (FCR) and the extension of the

constitution of Pakistan to FATA.

Source: http://www.change.org/petitions/govt-of-

pakistan-abolish-fcr-extend-constitution-to-fata

CGPA demands abolition of Article 247

Centre for Governance and Public Accountability

(CGPA) demanded the abolishment of Article 247

of Constitution of Pakistan, as the Article awards

non-representative and undemocratic status to

Federally Administered Tribal Areas (FATA), and

Provincially Administered Tribal Areas (PATA). The

CGPA further said the Article negates basic

fundamental rights of the residents of tribal areas,

and proved to be a main bottleneck in

mainstreaming FATA.

It claimed that without changing governance

paradigms in trial areas for ensuring basic human

rights peace and stability in tribal areas can’t be

guaranteed.

According to Article 247, it is sole discretion of the

President and the Governor of respective province

while acting as an agent of the President to direct

the extension of any law to FATA and PATA,

respectively. This provision takes away the basic

democratic rights of the citizens of tribal areas to

be represented by their elected representatives in

National Assembly and provincial assemblies.

CGPA lamented the fact that members of National

Assembly from FATA can participate in legislation

for the whole Pakistan but not for FATA.

The Article 247 further states that ‘neither the

Supreme Court nor a High Court shall exercise any

jurisdiction under the Constitution in relation to a

Tribal Area.’ This provision violates Article 25 of

the constitution of Pakistan, which states that ‘all

citizens are equal before law.’ This provision

deprives residence of tribal areas to have basic

right of fair trial and equality before law.

CGPA lamented that due to Article 247 tribal areas

are deprived of many important laws. While

Khyber-Pakhtunkhwa province has right to

information law now, citizens from tribal areas have

strong feelings of deprivation and

disenfranchisement for not having right to

information law. Residents of FATA have no

representation in any provincial assembly and are

deprived of have their voices articulated at local

level.

The organisation demanded that Right to

Information and Local Government Regulations

should immediately be notified for FATA. CGPA

further demanded Federal Government to abolish

Article 247 of the Constitution of Pakistan and start

mainstreaming tribal areas as per aspirations of

residence of tribal areas.

Source: http://www.brecorder.com/general-

news/172:pakistan/1263091:cgpa-demands-

abolition-of-article-247/

Amend Article 247 to provide basic rights

to tribesmen

PESHAWAR: Naib Ameer of Jamaat-e-Islami

FATA, Zarnoor Afridi has said that by making

amendments in article 247 of the constitution of

Pakistan, it would help restore all basic rights of

tribesmen; they were being deprived from in their

respective areas.

Local bodies election is the need of hours and the

government should promptly announce holding

elections in tribal regions like other part of country

in order to empower them at lower level, Afridi

remarked and saying government to announce

special financial package for tribesmen being

affected in war against terrorism in order to stand

by their own feet.

In a news statement issued from provincial office of

Almarkaz-e-Islami on Wednesday by Zarnoor Afridi

saying that rights of tribal people would be restored

after amendments in 247 article of Pakistani

constitution. Elected representatives of FATA

deliberately pushed people towards wall after they

kept mum in a time when 18th amendment was

passed unanimously, he accused.

He informed that Frontier Crimes Regulations

(FCR) has deprived people from political, civil,

financial and democratic rights and due to it people

in tribal belt are compelled to reside in caves like

stone ages. Bureaucrats are sucking the blood of

tribesmen under the FCR and they have prevailed

like mafia on them, Mr Zarnoor remarked.

erming the holding of LG polls in war hit areas of

FATA as a ray of hope and it would greatly

20

decrease the miseries of them, he said and adding

an era of development would be begun and people

would be empowered at lower level.

He remarked that democracy would reach to grass

root level in tribal regions if LG polls announced.

During the dilapidated law in order condition in

FATA, education institutions, infrastructure,

hospitals and roads were utterly destroyed in one

way or other and a well equipped financial package

by federal government would help solve these

issues.

By Farid Shinwari

Source: http://www.thefrontierpost.com/article/5292

5/

Parties and lawyers denounce FATA

rights violations

GHALANAI: All FATA Political Parties Alliance

(AFPPA) and FATA Lawyers Forum (FLF) urged

the National Assembly to approve amendments in

Article 247 of the constitution of Pakistan. This was

said in a joint conference of AFPPA and FLF

chaired by the president of AFPPA Nisar Mohmand

and FLF president Ijaz Mohmand, at Mohmand

press club.

In the event Dr Farooq Afzal, Malik Daud Khan,

Naveed Ahmad, Sajid Khan Mohmand, Malik Nisar

Haleem zai, Haji Shamroz Khan, Zard Ali Khan,

Malik Azmat Khan, Fazal Hadi, Arshad Khan and

Advocate Rasheed including others participated.

During the conference, article 247 of the

constitution of Pakistan was claimed to be

contradictory with human rights. It was also

observed that the bill for amendments in article 247

is now pending for National Assembly after it is

approved by Peshawar High Court and Supreme

Court. The members urged FATA parliamentarians

to take effective measures for approval of

amendments from the National Assembly.

They also stressed on the need for provision of

relief for the people of FATA who are affected by

the ongoing war on terror. Innocent people are

imprisoned for collective crimes responsibility and

are released after payment of heavy penalties. The

members also demanded for abolishing this

system. Both the AFPPA and FLF showed their

determination for collective efforts to stop excesses

with innocent people with in their legal limitations.

Source: http://www.dailymashriq.com.pk/uploads/a

ttachments/1388383565_11.gif

Protection of fundamental human rights

demanded in FATA

BAJAUR AGENCY: Speakers at a seminar held

here in connection with “International Human

Rights Day” on Tuesday termed Frontier Crimes

Regulation, absence of fundamental rights and a

proper social justice system as main hurdles in the

development of Federally Administered Tribal

Areas and urged the government to take speedy

efforts for the provisions of basic constitutional

rights to tribesmen.

All Bajaur Political Parties Alliance (ABPA)

organized the seminar, where leaders of various

political and religious parties, tribal elders,

tribesmen and a number of social activists were in

attendance.

All Bajaur political parties Alliance president Gull

Dad Khan, Pakistan Muslim League- N member

National Assembly Shahab ud Din Khan, PML-N

leader Haji Rahat Yousaf, Dr Mohammad Gull

Pechawal, Society for the protection of Rights of

children Agency Coordinator Hanifullah Jan and

Haji Sultan Khan Umary of PTI addressed the

seminar.

They said that provision of basic human rights to

the tribal areas is the long standing demand of

tribesmen because it’s necessary for the

sustainable development and progress of the

region.

“The tribesmen are the citizen of Pakistan but we

don’t know why the government has deprived them

of fundamental rights as we believe that tribal

people can’t make progress until constitutional

rights and social justice are provided to them”,

political leaders urged.

The speakers criticized the federal government for

not taking practical steps for the provision of

fundamental rights to the tribal people.

Speaking on the occasion Pakistan Muslim league-

N law maker from Bajaur Shahabuddin Khan said

the federal government was committed to extend

civil law and fundamental rights to Federally

Administered Tribal areas. He claimed that efforts

have been speed up to provide basic civic facilities

and constitutional rights to the tribesmen and a

comprehensive reforms package for the FATA

would be announced soon.

“I have convinced the Prime Minister that Frontier

Crimes Regulation (FCR) and lack of constitutional

rights are main hurdles in way of tribesmen

progress and I hope new reforms packages would

21

help in bringing positive changes in the lives of

tribesmen”, he added.

By Anwarullah Khan

Source: http://frc.com.pk/news/protection-of-

fundamental-human-rights-demanded/

Tribal jirga demands reforms for

sustainable peace

The tribal jirga adopted a unanimous resolution in

which seeking to immediate end all kind of military

operations in Fata, ensure provision of basic rights

to tribesmen as given in the constitution.

The resolution also demanded to abolish article

247 of the constitution, which would ensure basic

right to tribal people, extension of jurisdiction of

supreme and high court to Fata, holding of local

bodies’ elections there.

Elders and leaders of various political parties from

Fata have underscored the need for establishment

of sustainable peace, to bring prosperity,

development and change in social-fabric of people

in Federally Administered Tribal Areas, called upon

the government to end all military operations,

asked to make serious efforts for establishment of

peace in Fata.

They further said all peaceful means should be

used for establishment of peace in Fata, while

force policy need to immediate abandon in this

regard. The government should take serious steps

for reconstruction and rehabilitation of education,

health infrastructure, and to provide other basic

facilities to tribesmen on priority basis, while an Rs

200 billion as compensation package for Federally

Administered Tribal Areas should also be

announced, they demanded.

They expressed these views while addressing at a

grand tribal jirga organised by Fata Political

Alliance, an amalgamation of eight political parties

in tribal region, here at Nishtar Hall Peshawar on

Saturday. Leaders of political parties’ from Fata

include PPP Akhunzada Chattan, Jamaat-i-Islami

Zarnoor Afridi, Haroon Rashid, Jamiat-e-Ulema

Islam-Fazl Mufti Abdul Rasheed, PTI Mohammad

Iqbal Afridi, Qaumi Watan Party Hashim Babar,

PML-Nawaz Rahmat Salam Khattak, PML-Qauid

Ajmal Wazir, Awami National Party Abdul Latif

Afridi and Bashir Khan Matta, along with elders

from various tribal agencies, spoke on the

occasion.

The speakers said that Fata has been badly

affected due to the ongoing war against terrorism,

while hundreds were killed and thousands had

been rendered homeless in wake of military

operations in the tribal region. The tribesmen, they

said are being faced with severe economic and

social challenges under the present circumstances

in Fata. More than 500 schools have been

destroyed, while the education and health facilities

are also next to nil in tribal areas, they added.

According to participants, said about 80 per cent

people had left from South Waziristan agency and

live life in tents as refugees in their own country.

Whereas, they said the military operations and US

drone attacks have made psychological paralyse.

Later, the tribal jirga adopted a unanimous

resolution in which seeking to immediate end all

king of military operations in Fata, ensure provision

of basic rights to tribesmen, as given in the

constitution. The resolution also demanded to

abolish article 247 of the constitution, which would

ensure basic right to tribal people, extension of

jurisdiction of supreme and high court to Fata,

holding of local bodies’ elections there.

It was also sought to announce an Rs 200 billion

as compensation for displaced tribesmen and

collateral damages in Fata. The resolution further

demanded to hold local bodies’ elections in

Federally Administered Tribal Areas, like other

parts of the country, to give the democratic right to

tribal people.

It was asked the government to make serious

efforts for provision of basic health and education

facilities, infrastructure development, and other

basic amenities in the Fata.

Source: http://www.brecorder.com/general-

news/172/1266575/

Provision of basic rights for FATA people

demanded

PESHAWAR: Ameer Jamaat-e-Islami for Khyber

Pakhtunkhwa, Professor Mohammad Ibrahim Khan

has demanded federal government to help solve

the problems of tribal people and provide them

their fundamental rights.

Professor Ibrahim expressed these views during an

oath taking ceremony held in Almarkaz-e-Islami on

Wednesday in which he took oath from Sahibzada

Haroonur Rashid as newly elected Ameer for

FATA. He was elected for term of three years from

22

2013 to 2016 and other officer bearers also took

oath on the occasion.

Provincial Ameer in his address applauded tribal

people for patriotism and said that hatreds would

spread among them owing to drone strikes.

However Dr Munsif Khan, Dr Sami Ullah Jan,

Zarnoor Afridi, Sardar Khan, Shah Jahan Afridi and

Awal Gul Afridi and Maulana Jan Zamin were

elected as secretary general, deputy secretary

general, Naib Ameer, Naib Ameer, secretary

information, in charge Alkhidmat Foundation and in

charge of Fahm-e-Din respectively. Qari Subhan

Ullah Ameer of Mohmand Agency, Ameer for

Bajaur Agency, Maulana Waheed Gul and Ameer

Khyber Agency Ikhtiar Bad Shah Afridi were also in

attendance on the occasion.

Mr Ibrahim demanded federal government that

basic rights to tribal people should be provided on

priority basis and they had offered sacrifices for the

wellbeing of the country.

All Parties Conference (APC), JI Ameer said.

Sahibzada Haroonur Rashid speaking on the

occasion said that federal government should

announce holding local bodies’ elections in tribal

belt like other part of the country and tribesmen will

willingly participate in the process in order to

change its life. He informed that holding of local

government elections is the right of tribal people

and it should provided at any cost.

By Farid Shinwari

Source: http://www.thefrontierpost.com/article/5597

2//

Local Bodies for FATA

FATA left out as provinces plan local

elections

SHABQADAR: With all four provinces preparing for

local bodies elections, residents of the Federally

Administered Tribal Areas (FATA) say they have,

once again, been ignored.

Akhunzada Chitan, former MNA from Bajaur and

Pakistan Peoples Party central executive

committee member, has threatened to hold a long

march if the elections are not held in FATA.

“Residents have become a victim to militancy and

it is important to empower the tribal people through

local government.”

FATA Reforms Movement General Secretary Zahir

Shah Safi said while all provinces are busy with

local bodies elections, no paperwork has been

done for the tribal agencies.

Safi said two draft bills have been prepared for

FATA. The first was drafted in 2002 under which

the first local government elections were held. The

draft, however, does not fully authorise elected

representatives to implement decisions such as the

distribution of funds.

The second draft was prepared in 2012. The

government had announced to introduce urban

councils in FATA but the plan did not materialise.

Safi criticised the 2012 reforms regarding urban

councils and said all powers were focused in the

hands of the governor and his representative

political agent. He demanded a local body system

whereby elected representatives have more

authority in financial matters such as tax collection

and public expenditure.

Social worker Mir Afzal Mohmand criticised the old

system and said the government must consult

elders on the matter. Agency councils and union

councils in tehsils should be established, which

should be extended to the FATA council if

required, he said.

Political agents should only have authority in law

and order matters, Safi said.

By Mureeb Mohmand

Source: http://tribune.com.pk/story/624937/local-

bodies-elections-fata-watches-from-the-sidelines-

as-provinces-scuttle-for-lg-polls/

Government asked to announce schedule

for local bodies polls in FATA

KHAR: Speakers at a seminar held here in

connection with the International Human Rights

Day demanded of the federal government to

announce schedule for holding local bodies’

elections in the tribal areas. They noted that local

government system was not only vital for providing

basic and modern facilities to the tribal people but

also very important for monitoring development

activities.

All Bajaur Political Parties Alliance organised the

seminar, where leaders of various political and

religious parties, tribal elders and social activists

were in attendance.

23

The speakers highlighted that Frontier Crimes

Regulation, absence of fundamental rights and a

proper social justice system were the main hurdles

in the development of FATA.

They said the rulers were not ready to extend

fundamental rights to the people of FATA for

ensuring sustainable development and progress of

the region.

“The tribesmen are citizens of Pakistan but the

government is keeping them deprived of their

fundamental rights,” said political leaders.

They demanded of Prime Minister Nawaz Sharif to

provide them their fundamental rights.

Speaking on the occasion, PML-N MNA from

Bajaur Shahabuddin Khan said the federal

government was committed to extending

fundamental rights to FATA.

Source: http://www.dawn.com/news/1072168/govt-

asked-to-announce-schedule-for-lg-polls-in-fata

Experts demand local elections in

Pakistan tribal areas

PESHAWAR: Political leaders and social activists

from the Federally Administered Tribal Areas

(Fata) reached a consensus over their demand for

local government (LG) elections in the tribal areas

at a conference organised by the FATA Research

Centre (FRC) in Peshawar.

Speaking to the media after the roundtable

conference, FRC President Dr Ashraf Ali said

attendees had reached the consensus that

residents of Fata have been deprived of their basic

rights for long enough. According to Ali, the people

had been suppressed, and the state’s “deprivation

policy had created a vacuum, which is now being

filled by militants.”

He said the time has come to give Fata the right to

vote and elect their own representatives at a grass-

roots level. Ali said the manifestos of all parties

state they will bring Fata into the political

mainstream – the first stage of which is

empowerment for the locals.

“Unfortunately, the political parties of Pakistan are

silent over the issue. If LG elections are held all

over the country, why should they not be held in

Fata as well?”

Dr Ali, explaining the format for elections, insisted

there must be three tiers to the government: union

councils, tehsil councils and agency councils. A

Fata council was also suggested at the

conference.

“A political agent is the uncrowned prince of an

agency,” he said. “Until his powers are significantly

reduced, this system will not work.”

Flanked by Awami National Party leader from

Bajaur Agency Sheikh Janzada and a political

analyst from Mohmand Agency, Said Nazeer, Dr

Ali reminded participants about Fata’s natural

resources. When the people’s representatives are

given actual governance rights, Fata will not only

fulfil its own needs but cater to the rest of Pakistan

as well, claimed Ali.

To a question about the Frontier Crimes

Regulation (FCR), Ali told The Express Tribune it is

a fact that FCR is not progressive for the region.

He claimed Fata parliamentarians held no power

over legislation and were given meagre resources

to work with. However, Ali expressed hope that

democracy would gradually be strengthened in the

area.

FATA Reforms leader Zahir Shah Safi told

participants though the law and order in the region

is not stable, it can be overcome through proper

representation. Safi emphasised elections must be

held through the election commission and not

political agents.

Source: http://tribune.com.pk/story/675329/power-

to-the-people-pressing-demands-for-local-bodies-

elections-in-tribal-areas/

Governor says local elections to bring

positive change in FATA

ISLAMABAD: Governor of Khyber Pakhtunkhwa,

Engineer Shaukatullah has said Local Bodies

elections will bring positive changes in FATA like

other parts of the country.

Talking to a private TV channel, KPK Governor

said holding of Local Bodies elections in FATA was

not something of forbidden nature; adding that

efforts were being made to bring the area at par

with other parts of the country by holding the LG

elections there and bringing positive reforms in

accordance with wishes of the tribesmen.

He said local government elections will be held in

FATA under similar programme which applied in

other parts of the country. If needed, some minor

changes can be made with the consent of the

tribesmen.

24

By Parvez Jabri

Source: http://brecorder.com/pakistan/general-

news/152421-lb-elections-to-bring-positive-

change-in-fata-governor-kpk.html

Sherpao for local bodies polls in FATA

PESHAWAR: Expressing concern over the

problems faced by the tribal people, Qaumi Watan

Party (QWP) has urged the government to hold

local bodies’ elections in Federally Administered

Tribal Areas (FATA).

Addressing a press conference here on Sunday,

QWP chairman Aftab Ahmed Khan Sherpao said

that tribal people could not get easy justice and

basic rights in the presence of Frontier Crimes

Regulation. The system needed urgent reforms, he

added. Several tribal elders and activists of Awami

National Party, led by Abdur Rahim Afridi, Haider

Khan, Amjad Afridi, Shaukat Khan and Zarmat

Khan, hailing from Khyber Agency announced to

join QWP on the occasion.

Mr Sherpao said that despite tall claims,

successive governments did not bring FATA

people into the mainstream so that they could also

elect their representatives through ballot and raise

voice for their rights. He said that government was

bound to implement FATA reforms in real sense.

The QWP chief said that tribal people were facing

the worst kind of situation owing to lawlessness as

thousands of them were forced to live in camps

without basic facilities.

He asked the government to announce a special

financial package for development of FATA to

bring it at par with other parts of the country. He

called upon the international community to come

forward and help the Pakhtuns to get access to

education, health and other facilities.

Mr Sherpao said that a step-motherly attitude was

meted out to the Pakhtuns. He asked the

government to provide facilities to the internally

displaced persons (IDPs) from FATA as they were

living in pathetic conditions in different camps and

residential colonies.

The QWP chief said that tribal people rendered

matchless sacrifices for restoration of peace so the

government should compensate them for the

losses they suffered.

He said that he would soon visit IDP camps to

express solidarity with the dislocated people and

inform authorities about their problems. “We are

serving people irrespective of their political

affiliations and efforts will be made to support them

in this hour of need,” he added.

Source: https://dawn.com/news/1061467/sherpao-

for-holding-lb-polls-in-fata

FATA parties alliance demands local

bodies elections

PESHAWAR: The FATA political alliance

demanded the federal government to hold local

bodies’ election in federally administered tribal

areas (FATA) here on Monday at Bacha Khan

Markaz Peshawar.

The meeting was attended by leaders of different

mainstream political parties of the country including

Syed Wali Shah of PML-N, Shahid Orakzai of

PML-Q, Senator Abdur Rashid of JUI-F, Syed

Akhoon Zada Chittan of PPPP, Latif Afridi of ANP

and Zarnoon Afridi, Ameer-e-Jamaat-Islami FATA

chapter.

The main issues discussed at the meeting

remained the restoration of peace in tribal areas,

rehabilitation and reconstruction of FATA and the

local government elections in Fata.

Awami National Party leader Latif Afridi told FRC

that all the participants attending the meeting

agreed on one point agenda to hold a grand FATA

convention on December 21 in Peshawar where

they will urge the government to pay heed to their

valid demands.

Source: http://frc.com.pk/news/fata-alliance-

demanded-lg/

FATA political parties demand local

elections

JAMRUD: Leaders of various political parties in

Khyber Agency Sunday called for holding the local

government elections in tribal areas.

Representatives of the Pakistan People’s Party,

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

Qaumi Watan Party, Awami National Party,

Pakistan Tehreek-e-Insaf and Pakistan Muslim

League-Nawaz held a meeting in Jamrud.

The participants demanded the PML-N-led federal

government to conduct free and fair local

government elections. QWP leader Asad Afridi said

25

tribal people had suffered due to militancy and now

wanted to move forward.

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

7-217627-Fata-political-leaders-demand-LG-

elections

Bajaur Alliance to move court for local

government in FATA

KHAR: All Bajaur Political Parties Alliance

(ABPPA) has decided to move Supreme Court of

Pakistan for holding local government elections in

Federally Administered Tribal Areas (FATA).

The decision was taken in a meeting of ABPPA

held here on Tuesday with its president Maulana

Abdur Rasheed in the chair. The meeting was

addressed by Syed Akhunzada Chattan and

Aurangezb Inqilabi of PPP, Haji Rahat Yousaf and

Gul Kareem Khan of PML-N, Shah Naseer Khan

and Abdul Manan Kakajee of ANP, Maulana

Waheed Gul and Qari Abdul Majeed of JI, Gul Dad

Khan and Dr Khalilur Rahman of PTI and Haji Said

Badshah of PML-Q.

The participants of the meeting criticised federal

government for not holding local government

elections in FATA. They decided to file a petition in

the Supreme Court on November 25 to seek local

government elections in FATA.

They said that lack of constitutional rights and a

proper justice system were main hurdles in the

development of tribal areas.

“The people of tribal areas are also citizens of this

country. They can’t make progress until

constitutional rights, local government system and

other facilities are provided to them,” the political

leaders said.

They said that local government system was vital

for providing basic and modern facilities to tribal

people, who were deprived of their fundamental

rights.

Talking to journalists after the meeting, Mr

Rasheed said that the participants of the meeting

decided to file a petition in the Supreme Court for

holding local bodies’ elections in tribal areas.

“The purpose to file petition in the Supreme Court

is to force the federal government to announce

schedule for the local bodies’ elections in the tribal

areas because the rulers are not ready to extend

local government system to FATA,” he added.

The ABPPA president said that they would also

take leaders of other tribal areas into confidence

before filing petition in the Supreme Court.

Source: http://www.dawn.com/news/1057329/bajau

r-alliance-to-move-court-for-lg-polls-in-fata

Jirga urges government to hold local

elections in FATA

PESHAWAR: The FATA Political Alliance on

Monday asked the government to hold local

government elections in the tribal areas and

release a development package worth Rs200

billion for reconstruction and rehabilitation.

The demands were made at a jirga held at Bacha

Khan Markaz, the Awami National Party’s (ANP)

secretariat. The jirga was attended by leaders from

Pakistan Muslim League-Nawaz, Pakistan Peoples

Party, Jamiat Ulema-e-Islam-Fazl, Jamaat-e-

Islami, Pakistan Muslim League-Quaid and the

Qaumi Watan Party.

The leaders agreed to hold a grand FATA

convention on Dec 21 in Peshawar wherein they

would ask the govt to listen to their demands.

ANP leader Abdul Latif Afridi told the media the

jirga discussed restoration of peace, stability and

rehabilitation of Federally Administered Tribal

Areas (Fata) and holding local body elections in

tribal areas as the ones being held in the rest of

the country.

He said the jirga had unanimously asked the

federal government for a provision of Rs200 billion

to rehabilitate war-affected areas and displaced

residents.

Afridi added the jirga further demanded the

provision of basic human rights be ensured for the

people of Fata and the draconian laws which have

enslaved them for years be abolished.

Source: http://tribune.com.pk/story/637034/making-

plans-jirga-urges-govt-to-hold-lg-elections-in-tribal-

areas/

Tribal parties urge government to hold

local elections in FATA

Tribal leaders from various political parties have

demanded of the President Mamnoon Hussain and

Khyber Pakhtunkhwa Governor Shuakatullah Khan,

to announce holding of local bodies elections through

regulation in Federally Administered Tribal Areas

26

(FATA), termed that a conspiracy being hatched to

ignore tribal people from this democratic right.

“The government should prepare a draft for regulation

with consultation of relevant stakeholders, to properly

hold a local bodies polls in FATA, said the former

Senator and a tribal leader of Jamiate Ulema Islam,

Abdul Rashid, while briefing media persons at a news

conference at press club on Tuesday, regarding the

decisions and recommendations of jointly organised

“All Parties Conference”, which was held under

auspicious of different political parties here last day.

Flanked by Guldad from PTI, Haji Rahat and Anwarul

Haq of PML-Nawaz, Auranzeb Inqalabi and leaders

of other political parties, he informed that the holding

of APC was aimed to formulate a joint strategy for

coping with the issues being faced by tribal people

since last a decade. He viewed that the FATA was

kept deliberately economically, socially and

administratively backwards, by imposing prolonged

military operations and US drones attacks.

Rashid said the law and order is core issue of FATA,

which can only be addressed using all peaceful

means. “FATA has faced two types of wars, including

ground battle carrying out by security forces, while

other in shape of US drone attacks, in which innocent

tribesmen were killed, including women, children and

aged, he observed. “We only demand for

establishment of sustainable and durable peace by

using any means in FATA and rest of the country,

said Abdul Rashid.

“We would strongly support all those efforts, which

were merely taken by government and other

stakeholders for restoration of peace and ending of

prolonged militancy,” he appreciated. While

explaining the recommendations and decision of joint

APC, Abdul Rashid said that the establishment of

peace is utmost responsible of the government, which

need to fully materialise of its prime obligations with

effective manner.

Referring the introduction of reforms by former PPP-

led government in FATA, he said that the step was

not brought any significant change in social fabric of

the tribal society, as the reforms were yet to be

implemented in tribal region. He alleged that certain

forces were not willing to hold local bodies’ election in

FATA, under a well-organised plan and conspiracy in

FATA.

“It was totally unjust to keep FATA underprivileged by

such policies, he said, demanded to immediate hold a

local government elections to address the tribesmen

issues at the grass root level. Welcoming the ruling

PML-Nawaz convened APC in Islamabad, he said it

was a positive step of government for establishment

of durable peace in the country, particularly in Khyber

Pahtunkhwa and FATA. But, he asked government to

immediately initiate peace-talks with Taliban without

any further delay.

He demanded the tribesmen should also be

consulted prior to initiation of peace-dialogue as key

stakeholder in this process.

During the all parties’ conference, he informed that a

committee was unanimously constituted comprising

of all representatives from political parties. The

committee members, he said were included

Akhunzada Chattan from PPP, Abdul Latif Afridi of

ANP, Syed Wali Shah of PML-N, Iqbal Afridi from

PTI, Jamaat-i-Islami Zar Noor Afridi, Shahid Orakzai

from PML-Q, while he himself representing from JUI

side.

Source: http://www.brecorder.com/general-

news/172/1239496/

FATA Democratic Movement demands

local elections

MOHMAND: Spokesman of FATA Democratic

Movement (FDM) Gul Nawaz Khan Mohmand in his

address expressed the need of local government

elections in FATA. He said that FATA is part of

Pakistan and that the Constitution of Pakistan should

also be applicable to FATA. The shift of authority to

local level is indispensable, said Gul Nawaz Khan,

while commenting on major problems and challenges

faced by the people of FATA.

Khasadar and Levy forces sacrificed their lives for the

State and has made an unforgettable contribution to

the country during this historic and disastrous

situation, he further added. Gul Nawaz demanded

salaries and benefits of Khasadar and Levy forces to

be equivalent to those of security forces elsewhere in

the country.

Source: http://www.dailyaaj.com.pk/epaper/epaper/13

82640913_201310245402.jpg

27

Development

President says Pakistan development

linked with FATA uplift

“Prosperity and peace in the country were directly

related to development in the tribal areas. The

government was keen to ensure uplift of the

Federally Administered Tribal Areas (FATA).”

ISLAMABAD: President Mamnoon Hussain on

Wednesday urged the nation to stand united and

support efforts of government for countering

extremism and terrorism, that posed a challenge to

the country.

Addressing a grand tribal jirga here at the Aiwan-e-

Sadr, the President lauded the people of tribal

areas for being at the forefront in the war against

terrorism and confronting difficulties with courage,

determination and patience.

He said terrorism had not only damaged the

national economy and brought a bad name to the

country but also maligned Islam a religion of peace

and security. The nation would have to rise above

petty differences and strive hard to highlight the

peaceful identity of Islam and Pakistan, he added.

The President said he firmly believed that the

people of FATA were fully aware of their duties

towards the country and would continue to use all

their energies in the best national interests.

Pakistan is our motherland and it is our obligation

to ensure its security and protection.

He said prosperity and peace in the country were

directly related to development in the tribal areas.

The government was keen to ensure uplift of the

Federally Administered Tribal Areas (FATA).

The President said the new democratic

government was heading in the right direction and

expressed satisfaction that all resources were

being utilized to provide amenities of life to the

tribal areas at par with other parts of country. He

said the government had allocated a huge amount

for projects in tribal areas under the development

programme this year. With these steps, the tribal

people would not only get employment

opportunities but also an improved living standard.

President Mamnoon said the development

programme for tribal areas would focus on

education, health, clean drinking water, electricity

through solar energy, agriculture, forestry, irrigation

and technical training. He said the projects would

guarantee a new era of economic and social

prosperity.

The event was attended by tribal elders from all the

tribal agencies, besides Khyber Pakhtunkhwa

Governor Engr. Shaukat Ullah Khan,

parliamentarians and senior officers.

Source: http://brecorder.com/top-news/108-

pakistan-top-news/149361-countrys-development-

linked-with-uplift-of-tribal-areas-president.html

Increase in educational expenditure fails

to boost female literacy in FATA

Literacy rate for FATA still stands at only 24.5%

PESHAWAR: Literacy rate for girls stands at a

modest 10.5% compared to 36.66% for boys despite

considerable expenditure incurred by the FATA

Secretariat to improve education statistics in the

Federally Administered Tribal Areas (Fata) and

Frontier Regions (FRs).

According to the Annual Development Programme

2013-14 for FATA, Rs3.68 billion has been allocated

for education, of which Rs2.8 billion is being used for

184 ongoing schemes while Rs877 million will be

used for 33 new schemes. But the literacy rate for the

area still stands at only 24.5% even in wake of

significant expenditures made by the FATA Education

Department.

According to the FATA Education Atlas 2011-12

report released by Directorate of Education FATA

Education Management Information System, the

proportion of girls enrolled in educational institutions

stands at 7.5% in South Waziristan, 4.26% in North

Waziristan, 21.03% in Kurram Agency, 4.75% in

Bajaur, 5.72% in Mohmand Agency, 5.15% in Orakzai

Agency and 16.13% in Khyber Agency.

Similarly, the proportion stands at 5.88% in FR DI

Khan, 1.81% in FR Lakki Marwat, 2.28% in FR Tank,

1.07% in FR Bannu, 24.09% in FR Kohat and 16.66%

in FR Peshawar.

The report states around 124,424 girls were enrolled

in 1,551 primary schools, 19,614 girls enrolled in 158

middle schools, 13,837 girls enrolled in 42 high

schools and 1,134 girls enrolled in five higher

secondary schools in Fata.

It adds out of 1,015 primary schools for girls in FATA,

87 have no boundary walls; 583 have no drinking

water facilities; 454 have no electricity; and 344 have

no toilets.

In addition to lack of basic facilities in educational

institutions, tuition fees remain unaffordable for the

28

general public, despite the current abysmal teaching

standards.

Assistant Director Education FATA Zar Wali said

recent militant activity and poor law and order in

FATA has hampered girls education. He said the

government is now taking steps to provide education

in all areas of FATA.

Atiqur Rehman said lack of awareness and

mobilisation has adversely affected girls education in

FATA.

Zar Wali added the education budget has increased

significantly which will boost literacy rates in the tribal

belt. He also claimed the main focus of the

government is to improve female literacy rates in the

area.

Agency Education Officer of Khyber Agency Atiqur

Rehman said lack of awareness and mobilisation has

adversely affected girls education in FATA. He said

cultural barriers are also an impediment to promoting

female education.

Rehman added Bara tehsil of Khyber Agency is the

area hardest hit by the ongoing insurgency. Most

government schools were destroyed in the area as a

result of militant activity while the remaining schools

in Jamrud and Landikotal tehsils are in poor

condition.

Rehman said they are trying their best to facilitate

female education in the area but are suffering from a

severe shortage of funds.

Source: http://tribune.com.pk/story/614898/telltale-

statistics-increase-in-educational-expenditure-fails-to-

boost-female-literacy-in-fata/

Public representation in monitoring

FATA development

ISLAMABAD: Senate Standing Committee on States

and Frontier Regions (SAFRON) Thursday stressed

the need to involve public representatives in

monitoring of different developmental schemes in

FATA. Chairing a meeting here in Parliament house,

Senator Muhammad Saleh Shah expressed serious

concern over the developmental schemes in

Federally Administered Tribal Area (FATA) and

finalization of ADP.

Secretary P&G, Zahir Shah informed the meeting that

ADP finalized with the approval of Governor and

published before budget every year. He said before

the finalizing the schemes, ADP consult all

stakeholders including parliamentarians. The

secretary said that details of all the schemes

mentioned in the ADP documents and if any

parliamentarians have any concern they can check

and give suggestions for amendment according to

rule and law.

Zahir Shah had given the details of FSSP fund in

FATA and said that 289 projects out of total 346 had

been completed while remaining 67 projects were

under process and would complete till March 2014 in

Bajaur, Mohmand and Orakzai Agencies. He said that

the scheme was funded by US government, adding

that US also funding different other projects with

different names in other agencies of FATA.

The minister said that the donors were funding for the

people of FATA therefore public representatives

should be involved for monitoring of projects. Political

Agent of Khyber Agency said that the record of

generated revenues and expenditures shared with

FATA secretariat on monthly basis. He informed the

committee that not a single permit for fertilizer issued

since last three years. The meeting was also

attended by federal minister SAFRON Abdul Qadir

Baloch, Senators Ahmed Hassan and Hilal-ur-

Rehman, Additional Secretary SAFRON, Secretary

(P&G)/DG Projects FATA Zahir Shah and Political

Agent of Khyber Agency.

Source: http://pakobserver.net/detailnews.asp?id=22

0648

New ban on NGO registration violates

constitution

“The Ban on Reregistration of new NGOs under

Voluntary Social Welfare Agencies Registration

and Control Ordinance 1961 is against the

constitution of Pakistan.”

PESHAWAR: The Pakhtunkhwa Civil Society

Network (PCSN) which is an umbrella of civil

society organization of Khyber Pakhtunkhwa and

FATA criticized the ban by the KP Govt on the

registration of new NGOs under Voluntary Social

Welfare Agencies Registration and Control

Ordinance 1961 and said that is against the

constitution of Pakistan and the Govt of KP should

revisit its polices.

The Convener of the Pakhtunkhwa Civil Society

Network (PCSN) Qamar Naseem said that this

step is not only against the constitution of Pakistan

which gives the right to everyone to form an

association or union. According to article “every

citizen shall have the right to form associations or

unions, subject to any reasonable restrictions

imposed by the law in the interest or integrity of

Pakistan, public order or morality.”

29

There are already provisions in the law which gives

rights to the registration authority to deregister the

organization who are not reporting back to the

Govt or involved in activities which does not fall

under their mandate therefore there is no need to

put such a ban which is also in contradiction with

the Universal Declaration of Human Rights (UDHR)

and is a human right abuse.

Mr. Qamar Naseem said that the non-profit sector

in Pakistan is characterized by diversity and

vibrancy, and in recent years it has grown

considerably. The Govt of Pakistan and the

provincial Govts are trying to regulate the nonprofit

sector of Pakistan which is the backbone of the

Pakistani civil society.

Pakhtunkhwa Civil Society Network (PCSN) is

noticing that at this stage the relationship between

state and the NGOs sector is adversarial in which

there are no common starting points and no wish

from either side to search out areas of agreement

and this isolation is disappointing.

The Pakhtunkhwa Civil Society Network (PCSN)

strongly believe that there is need to Initiate

dialogue among CSOs and with Govt on this

situation and both actors should mutually work for

the creation of an enabling legal, institutional and

democratic environment for NGOs to operate.

There is need to promote collaboration between

Government, NGOs and other stakeholders to

improve relations and enhance the pursuit and

attainment of free and enabling environment.

Source: Pakhtunkhwa Civil Society Network

(PCSN)

Officials stress judicious spending on

FATA

PESHAWAR: Additional Chief Secretary Arbab

Muhammad Arif has urged the financial managers

of the Federally Administered Tribal Areas (Fata)

to ensure judicious spending of every rupee meant

for the wellbeing of the people.

While addressing the second workshop on Public

Financial Management and Accountability

Assessment held by the World Bank on Monday,

Arif said it was time to work hard for change in

Fata. We need to make sure that each rupee

coming in is spent on the betterment of the

people. Arif expressed hope the suggestions made

at the workshop would help the FATA Secretariat

design a future road map.

In his opening address, World Bank Senior

Governance Specialist Sher Shah Khan said the

management of the FATA Secretariat deserves

appreciation for leading the public financial

management process. More than 100 countries are

following the Public Expenditure Financial

Assessment. He further added that it is purely

evidence-based and that the framework is very

clear about the criteria. Mr. Khan called the

financial manager that you are the best judges of

evidence, so please make sure that all resources

are utilised for the best delivery of service.

Fata Finance Secretary Syed Waqarul Hassan,

Planning & Development Secretary Zahir Shah,

among other officials, were present on the

occasion.

Source: http://tribune.com.pk/story/649621/money-

matters-officials-stress-on-judicious-spending-for-

fata/

Proposed FATA youth policy in conflict

with ground reality

PESHAWAR: The draft FATA Youth Policy aiming

at galvanizing the disenchanted youth of the

Federally Administered Tribal Area seems absurd

in the face of ground realities in this

underdeveloped region of the country.

The draft declares respect for human rights as

enshrined in the last address of Holy Prophet

Mohammad (Peace Be Upon Him), as adopted in

the Universal Declaration of Human Rights 1948

and as in the fundamental rights endorsed by the

Constitution of Pakistan 1973` as core values and

principles of the proposed policy.

In fact, these values and principles are in stark

contrast to the Frontier Crimes Regulation (FCR),

which is described as ‘black law.’ The FCR and the

existing system of governance in FATA clearly

contradicts universal values and charters of human

rights and therefore, human rights declaration and

the FCR can`t be put together.

Instead of engaging youth of FATA in populist

rhetoric, the government should free tribal people

from the clutches of draconian system prior to

introducing any policy.

The 40 pages document shows that architects of

the draft are oblivious of the system existing in

FATA.

Article 247 of the Constitution provides that no act

of parliament applies to FATA without the consent

of the president of Pakistan.

30

Presently, tribal people have no right of appeal in

the Supreme Court and the high court.

The draft has been uploaded on official web portal

of the Civil Secretariat, FATA and social media

network for seeking feedback from stakeholders.

The secretariat is likely to hold a seminar in

Peshawar in a couple of days to get input of

stakeholders on the proposed policy before

adjusting it in the draft and notifying it.

The Khyber Pakhtunkhwa governor with the

consent of President Mamnoon Hussain will sign

the policy.

The proposed policy’s aims and objectives are to

mainstream and prioritise youth on the agenda of

public policy of FATA as a cross-cutting theme,

promote and support youth development

organisations by recognition, facilitation and

stronger networking and coordination and define

and enforce standards for youth development

organisations within its mandate to ensure quality,

transparency and accountability. They also

suggest gender equality and protection of the

rights of minorities residing in FATA.

Highlighting salient features of strategic action plan

for the proposed policy, the draft says democratic

and politically empowered youth are the need of

the hour and therefore, political empowerment of

the youth will materialise by instilling a sense of

ownership and legitimacy through their

involvement in electoral and legislative processes

at different levels of governance.

For the purpose, manifestos of political parties

should elaborate their youth development agendas

for FATA, and must be communicated to the FATA

youth by the relevant political party and through

media awareness campaigns. Student unions have

been banned in educational institutions, including

universities, across the country since 1980s, while

the draft of the FATA Youth Policy recommends

that student unions/councils with pro-peace,

women-friendly and student-centered politics need

to be established at colleges and universities.

Before drafting policy for youth, the government

will have to introduce constitutional, administrative

and judicial reforms in the region to bring it on a

par with other parts of the country.

Article 247 of the Constitution needs to be revisited

in order to extend the role of parliament to FATA,

while the jurisdiction of the superior courts should

be extended.

Political empowerment of tribal youth is possible

only through local body system, the basic tier of

democracy.

The draft has extensively focused on exchange

and scholarship programme, education for youth

development, interest-free loans, and

entrepreneurship, establishment of commissions,

and appointments, but census of youth population

has been ignored. In absence of accurate data,

strategic goals and objectives can’t be achieved.

Thousands of tribal youth under the age of 29 have

gone abroad for higher education as well as skilled

and unskilled workers, but youth from FATA living

abroad have been ignored in the policy draft.

FATA needs integration among its tribes living in

various parts, but keeping their clan identity alive,

which is the main hurdle to their social progress.

Sometimes back, it was planned in the FATA

Sustainable Development Programme to construct

the FATA Highway, which must pass through all

tribal agencies before abutting the settled areas’

roads.

The establishment of universities, professional and

vocational institution across the FATA is necessary

to bring students of various clans on one regional

platform.

Currently, students from different tribal agencies

have formed organisations in colleges and

universities in settled areas of the province to

express their identity on ethnic grounds.

By Zulfiqar Ali

Source: http://dawn.com/news/1083506/proposed-

fata-youth-policy-in-conflict-with-ground-realities

31

Frontier Crimes Regulation

(FCR)

Governor wants seminar to propose FCR

changes

PESHAWAR: A high level meeting presided over

by Governor Khyber Pakhtunkhwa, Engineer

Shaukatullah here at the Governor’s House

Peshawar on Thursday regarding the suggested

amendments in the Frontier Crimes Regulation

(FCR) in the tribal areas for the betterment of the

people of FATA. A detailed briefing was also given

to the Governor from the officials of FATA

Secretariat.

Governor Khyber Pakhunkhwa Engineer

Shaukatullah has said that the effective steps

would be taken for the uplift of tribal people and

directed the relevant authorities to arrange the

seminars and campaigns for the awareness of the

people of FATA regarding suggested amendments

in the FCR and to make the detailed proposal

about such changes in FCR.

While chairing the high level follow up meeting of

President’s visit at Governor’s House Peshawar,

he said that the problems faced by the tribal people

would gradually be resolved and assured that the

suggested amendments would be completed and

forwarded to President for endorsement soon.

Highlighting the immediate needs of the tribal

people, the Governor said to protect the rights of

the tribal people; the suggested amendments in

FCR are immediate requirements. He also said

necessary steps would be taken and directed to

assure the participation of the tribal elders and

political leadership to make the proposal regarding

such amendments. He emphasized that the

relevant authorities should play their effective role

to empower the FATA tribunal and to protect the

rights of the people of FATA. Additional Chief

Secretary FATA, Arbab Muhammad Arif, Chiarman

FATA Tribunal, Shah Wali Khan and other relevant

authorities were also present in the meeting.

Meanwhile Governor Khyber Pakhtunkhwa,

Engineer Shaukatullah has directed all the

administrative authorities to adopt austerity

measures in the departments of Livestock and

Irrigation and to ensure the effectiveness of the

respective departments. He also said to make sure

the quick implementation of the reforms for the

larger interests of the people of FATA and

categorically stated that no compromise would be

accepted in the improvement of overall efficiency

of the respective departments.

He was chairing a high level meeting at Governor’

House on Thursday. A detailed briefing was given

to Governor from the officials of both the

departments, Livestock and Irrigation, all the

administrative officials attended the meeting.

He directed for proper follow up in the measures

taken to resolve the problems faced by the tribal

people. He also directed the officials of the

respective departments that efforts should be

accelerated to come up to the expectation to the

people of FATA and to bring constructed changes

according to the needs.

He emphasized and directed to increase the quota

for the students of FATA in respective Universities

of the country in the departments of Livestock and

Irrigation and to make sure to fill the deficiencies of

the staff of veterinary hospitals and dispensaries.

The Governor admitted that though it is a big

challenge but urged the relevant authorities to

utilize their services for improving the system with

fully coordinating each other and playing their

active role in the implementation and ensuring the

desired results for the betterment of tribal people.

Source: http://www.thefrontierpost.com/article/6872

7/F.P-Report/

FATA students arrested under FCR

PESHAWAR: Despite loud and tall claims of the

Pakistan People’s Party led government to bring

the so called historical amendments in Frontier

Crimes Regulation (FCR) within the limits of FATA,

the political administration in tribal areas are

frequently using the FCR as was in the days of

British rather worse than that.

Qader Khan, a local of Pepali Kabul Khel of North

Waziristan reported that his two relatives who both

are school going students have been arrested in a

tribal conflict case while the conflict has nothing to

do with the tribe they belong from.

“We belong to Pepali tribe while the clash is going

on between Shameeri and Saifali tribes of North

Waziristan Agency” Qader said adding that one of

the students is reading in sixth grade and the other

is in ninth grade.

It was informed that the political administration

arrested the two students identified as Abdullah

Khan S/o Pir Dil Khan a student of Rizwan Public

32

School in 9th grade and Saeedullah Khan S/o

Bismellah Khan a student of Wensom Public

School in 6th grade, when they were going back

from schools to their homes.

“They are in jails for the last three weeks while

their exams are coming closer,” Qader lamented

adding that if they were not released immediately,

their future would become dark as they are too

young to be sent to jail.

He told that though the government has

announced concessions for the students that they

would not be held under FCR but the political

administration is still using the weapon of FCR

ruthlessly against all indiscriminately which is not

only illegal and also against basic human rights.

He said that Mirali Administration has also written

to the political agent for the release of the students

but still they are behind the bars. He demanded of

the Governor and the political agent North

Waziristan Agency to set free the students as their

future was in doldrums and their exams are quite

closer which can affect their efficiency.

By Ihsan Dawar

Source:

http://thefrontierpost.com/article/74917/Two-NWA-

students-arrested-under-FCR/

FCR amendments urged for betterment

of tribal people

“Chittan emphasized that the local government is

the unit of democracy and local government

elections should be held in FATA and powers

should be devolved at union council level.”

ISLAMABAD: Speakers at a policy level seminar

on Thursday demanded that the government

empower FATA legislators to make laws for the

betterment of tribal people.

They also called for extension of writ of the high

court and Supreme Court to the tribal region. They

were of the view that time had come for the tribal

people to elect honest and educated

representatives who could raise their concerns at

appropriate forums and push for much needed

reforms.

The speakers termed the Frontier Crime

Regulations (FCR) law as a draconian which

deprive people of their basic fundamental rights.

The seminar on effective implementation of FCR

reforms was organised by Devolution Trust for

Community Empowerment (DTCE).

The purpose of the seminar was to discuss

implementation status of FCR reforms and its

potential to be catalyst for governance change in

FATA and to obtain views and opinions of

participants for improvements in the FCR. The

participants included parliamentarians,

representatives of civil society and donor agencies.

Member National Assembly Shah Gee Gul said

that we are very peaceful people but in the past

FATA has been used, internationally and

nationally, for the political and power interests of

others at the cost of local citizens.

He called for empowering FATA legislators to

make laws for the tribal people for the betterment

of the local population in line with their needs and

cultural traditions.

He called for empowering FATA legislators to

make laws for the tribal people for the betterment

of the local population in line with their needs and

cultural traditions.

Akhunzada Chitan, former MNA, said that the

people of FATA should be given a peaceful

atmosphere in which security is paramount. He

said the local government is the unit of democracy

and local government elections should be held in

FATA and powers should be devolved at union

council level.

He also said that the National Assembly and

Senate should also have legislation rights for FATA

as it is also part of Pakistan and elected

representatives of FATA are also members of

parliament.

Speaking on the occasion, Daniyal Aziz, MNA and

chairman of DTCE board of directors, gave a

historical perspective on the FCR and agreed with

rest of the speakers that the people of FATA are

also citizens of Pakistan and as such all efforts

should be made to undertake reforms that brings

FATA at par with the rest of Pakistan.

Lawyers Forum FATA President Ijaz Momand was

of the view peace in FATA is unlikely until peace

restores in Afghanistan. Although some reforms

were made in FCR in 2011, they have not been

implemented yet, he added.

He also suggested amendments to Article 247 of

the constitution.

33

The participants were informed that the president

of Pakistan had approved FCR reforms in August

2011.These legal and political reforms were the

first step towards bringing a change in FATA and

establishing modifications and alternatives to the

archaic era systems which had kept the status of

FATA different from rest of the nation.

The people of FATA have desire and potential of

integrating into the mainstream of national

life while respecting local customs and traditions,

the participants of the seminar were told.

Source: http://www.dailytimes.com.pk/national/20-

Dec-2013/amendments-to-fcr-urged-for-

betterment-of-tribal-people

Civil society and tribesmen call for FCR

abolishment

KOHAT: Civil society members and residents of

the Federally Administered Tribal Areas (Fata)

demanded on Monday that the Frontier Crimes

Regulations (FCR) be abolished as it is a

“draconian” law.

During a seminar titled ‘FCR: Need of Reformation,

Challenges and Way Forward’ organised by the

Center for Research and Security Studies (CRSS),

participants also demanded changes in the present

system of governance in Fata.

CRSS chief Imtiaz Gul, while addressing the

participants, said the seminar was held to discuss

and envision a system to safeguard Fata’s social,

economic, political and legal interests.

“Societies cannot remain stagnant forever, and it is

time tribesmen move forward towards peace,

progress and development,” said Gul.

He said the FCR lacked the fundamental principles

of justice and equality, and has failed to dispense

justice to residents of Fata. “The draconian law

remains an obstacle in bringing peace and

prosperity to the region,” remarked Gul.

The speaker further added it was imperative to

adopt an inclusive system in Fata which would

address core issues that tribesmen face. “A

superior judiciary bench needs to be established

so people can have access to justice,” Gul

concluded.

Several lawyers, representatives of political

parties, media personnel, tribal elders and students

belonging to tribal areas attended

the seminar.

Source: http://tribune.com.pk/story/652687/archaic-

law-civil-society-tribesmen-call-for-fcrs-

abolishment/

Seminar calls FCR main hurdle in FATA

development

“The people of tribal areas were the first class

citizen of the country but they had been deprived of

its fundamental rights and the rulers didn’t ready to

provide basic civic rights to the tribesmen.”

BAJAUR AGENCY: Speakers at a seminar held in

connection with International Human Rights Day on

Tuesday termed that presence of Frontier Crimes

Regulation, absence of fundamental rights and a

proper social justice system were main hurdle in

the development of Federally Administered Tribal

Areas and urged the government to take speedy

efforts for the provision of basic constitutional

rights to the tribesmen.

All Bajaur Political Parties Alliance (ABPA)

organized the seminar, where leaders of various

political and religious parties, tribal elders,

tribesmen and a number of social activists were

present. ABPA President Gull Dad Khan, Pakistan

Muslim League- N MNA Shahabuddin Khan, PML-

N leader Haji Rahat Yousaf, Dr Mohammad Gull

Pechawal, Bajaur Social Welfare Organization

President Bahadar Said, Society for the Protection

of the Rights of the Child Agency Coordinator

Hanifullah Jan and Haji Sultan Khan Umary of PTI

addressed the seminar.

They said the people of tribal areas were the first

class citizen of the country but they had been

deprived of its fundamental rights and the rulers

didn’t ready to provide basic civic rights to the

tribesmen. They said that provision of basic human

rights to the tribal areas were the long standing

demand of the tribesmen because it’s very

important for the sustainable development and

progress of the region.

The speakers also asked the federal government

to announce schedule for the holding of local

bodies’ election in the tribal areas.

The speakers criticized the federal government for

not taking practical efforts for the provision of

fundamental rights to the tribal areas. They

demanded of the Prime Minister Muhammad

Nawaz Sharif to take practical efforts to help solve

the problems and troubles of tribal people and

provide them their fundamental rights. The

speakers also asked the federal government to

34

announce schedule for the holding of local bodies’

election in the tribal areas. They noted that

local government system was not only vital for

providing basic and modern facilities to the tribal

people but also very important for the monitoring of

development activities in tribal areas.

Pakistan Muslim league-N law maker from Bajaur

Shahabuddin Khan said the federal government

was committed to extend civil law and fundamental

rights to Federally Administered Tribal areas. He

claimed that efforts have been speed up to provide

basic civic facilities and constitutional rights to the

tribesmen and a comprehensive reforms package

for the Fata would be announced soon. The

lawmaker said that he had informed Prime Minister

Nawaz Sharif regarding the problems of tribesmen

and the prime minister has assured making

significant reforms in the current tribal systems as

well introducing of constitutional rights in the tribal

areas.

Source: http://www.thefrontierpost.com/article/6077

0/FCR-main-hurdle-in-Fata-development-

Speakers/

FATA political parties demand repeal of

Frontier Crimes Regulation

“All the political leaders from different parties

demanded government to launch local government

system in Fata and FCR should be repealed from

Fata.”

BAJAUR AGENCY: All the political leaders from

different parties demanded government to launch

local government system in Fata and FCR should

be repealed from Fata. The political leaders

accused the officials of Fata Secretariat of

corruption and said that there was no check and

balance on them. PTI Guldad Khan, PPP

Aurangzeb Inqalabi, JI Abdul Majid, PML-Q Syed

Bacha, JUI Qari Mustafa, ANP Malik Ata Ullah.

Abdul Manan, Gul Afazal Khan, PML-N Malik

Rahat Yousaf and other leaders expressed these

views in a Press Conference on Wednesday.

The speakers rejected the appointment of

Additional APAs’ and it was also demanded that

after repealing FCR, Fata should be included in the

territory and peace should be administered in the

area. They also demanded that the locals should

be appointed in the NGOs working in the agency

which would end unemployment.

The speakers were of the view that FCR was the

reason of every problem and it should be revoked.

The speakers appealed the government to

announce financial assistant for the owners of the

houses, shops and other place as everything was

destroyed in the army operations in the agencies.

They also appealed the concerned authorities that

unannounced prolonged load shedding should also

be stopped in the agency. Tribal agencies All Fata

Conference would be held on Dec21 in Nishtar Hall

Peshawar and there all the leaders would decide

line of action for the implementation of their

demands.

Source:

http://www.thefrontierpost.com/article/59454/All-

political-parties-demand-repeal-of-FCR/

35

Right to Information

Legal problem stops right to information

law for FATA

Article 247–which covers FATA–contradicts Article

19-A of the constitution.

PESHAWAR: Though Khyber-Pakhtunkhwa (K-P)

recently introduced the right to information (RTI)

legislation in a step towards greater transparency,

the neighbouring tribal belt still has a long way to

go before any such law is put in place.

Civil society members say Article 247 of the

Constitution prevents the RTI law from being

extended to FATA. According to the said article, it

is the sole discretion of the President of Pakistan

and the governor of the respective province (in this

case K-P) – while acting as an agent of the

President – to order the extension of any law to

FATA and the Provincially Administered Tribal

Areas (Pata).

“This provision takes away the basic democratic

right of the citizens of the tribal areas to be

represented by their elected representatives in the

National Assembly,” said a government official

requesting anonymity.

“It is a fact that MNAs from FATA can participate in

making legislation for the rest of the country, but

not FATA itself,” he added. Residents of the tribal

belt have no representation in the provincial

assembly either.

“Even the RTI Bill that remained under

consideration with the Senate Committee on

Information and Broadcasting does not include

FATA in its jurisdiction. The committee also failed

to recommend the federal government to fix the

constitutional anomaly,” lamented the official.

A fundamental human right

The United Nations Declaration on Human Rights

regards right to information as a fundamental

human right. It has also been accorded

constitutional protection through the inclusion of

Article 19-A into the Constitution of Pakistan via

the 18th Amendment. However, Article 247 – which

covers FATA – continues to contradict Article 19-A.

Coalition on Right to Information (CRTI)

Coordinator Zahid Abdullah told The Express

Tribune, “If the legal and constitutional framework

of a country does not protect a right which is

universal and indivisible, and excludes people

living in certain geographical areas, it is

tantamount to treating them as lesser human

beings.”

Abdullah urged the federal government to remove

the constitutional anomaly immediately so that

residents of FATA can exercise their right to

access information held by federal public bodies

operating in the tribal belt.

He also added the provincial government needs to

work with the federal government to bring about

the desired constitutional amendments and

legislative reforms to protect and promote right to

information for tribal residents.

Executive Director for non-governmental

organisation Centre for Governance and Public

Accountability (CGPA), Muhammad Zahoor said

Article 247 negates the fundamental rights of

FATA’s residents and proves to be the main

blockage in bringing the area into the mainstream.

“The said article awards non-representative and

undemocratic status to FATA and PATA,” he

claimed.

Zahoor maintained without changing governance

paradigms in the tribal areas to ensure the

availability of basic human rights, peace and

stability in the region cannot be guaranteed. He

added Article 247 further states, ‘Neither the

Supreme Court nor a High Court shall exercise any

jurisdiction under the Constitution in relation to a

tribal area.’

“This provision violates Article 25 of the

Constitution which states all citizens are equal

before the law,” remarked Zahoor, adding the

provision deprives residents of tribal areas the right

to fair trial and equality before the law.

Source: http://tribune.com.pk/story/645605/inadequ

ate-representation-legal-anomaly-prevents-rti-laws-

extension-to-fata/

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 organized by

the Development, Environment, Legal Aid,

Technical Support and Advocacy Association

(DELTA) in collaboration with the National

36

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.

Source: http://tribune.com.pk/story/610360/improving-

accountability-journalists-demand-extension-of-rti-to-

fata/

Coalition demands Right to Information

Law for FATA

PESHAWAR: Coalition on Right to Information

(CRTI) has demanded the federal government to

immediately remove the constitutional anomaly so

that FATA residents can exercise right to

information held by federal public bodies operating

in FATA. Similarly, CRTI also urged the provincial

government in Khyber Pakhtunkhwa to liaison with

the federal government to bring about desired

constitutional amendments and legislative reforms

to protect and promote right to information of FATA

residents.

In a statement here on Monday, the CRTI said

regretted that right to information legal regime both

at provincial and federal level does not extend to

residents of Federally Administered Tribal Areas,

(FATA). It pointed out that this right has also been

accorded status of fundamental right and given

constitutional protection through the insertion of

Article 19-A into the Constitution through 18th

Amendment.

It pointed out that successive governments have

not carried out constitutional reforms and as a

result Article 247 that governs FATA contradicts

Article 19-A of the constitution. It regretted that

even the right to information bill that remained

under consideration with Senate Committee on

Information and Broadcasting does not include

FATA in its jurisdiction and neither the committee

recommended to the federal government to fix this

constitutional anomaly.

Source: http://www.thefrontierpost.com/article/6050

8/Coalition-on-Right-to-Information-demands-

extension-of-RTI-to-Fata-residents/

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