POLITICAL reforms in the administration of Federally Administered Tribal Area (Fata) recently announced by the Zardari government are likely to promote the status quo in the area, with some superficial ‘improvements’. The questions about the future progress of the region, therefore, will remain unresolved.

In light of the results of the February 2008 general elections in Pakistan which were held under the framework of the Musharraf’s provisional constitutional order (PCO), the people had voted for restoration of democracy. The Pakistan People’s Party won a comfortable majority and formed the new civilian government. With the ultimate departure of General Musharraf, it was reasonable to be hopeful about beginning of new democratic era, to correct the imbalances which the country had suffered during military and pseudo-democratic regimes.

The party inherited, therefore, the legacy of neglect and dilatory manoeuvres in the framework of poor quality of governance on issues of great importance for the country. To meet this enormous challenge, the government should have used its brain trust, reviewed the situation thoroughly and prepared an agenda in the form of the legislative list of business for consideration of the parliament. They have failed to respond to this challenge, almost a year since they came to power. It seems that cobbling up a coalition of parties with disparate or even conflicting ideologies (e.g. from MQM to JUI-F!) cannot promote a clear goal for the Zardari government.

In establishing its agenda, the government would have noticed that the future status of the tribal areas would be among the priority issues facing the country. The constitution gives special powers to the president about the administration of the areas, but undoubtedly the nation as a whole has a stake in it.

The tribal territory between settled areas and Afghan border began under the shadows of the Durand Line in 1947. Later, the territory was divided into Fata and Pata for management purposes. The colonial policy of agency system and responsibility for law and order under the Frontier Crimes Regulation was continued. This arrangement had a purpose for the British rulers, to give the tribal people autonomy on a limited scale in exchange for assurance against anti-state activity.

This colonial policy was an anachronism for an independent Pakistan but the government adopted a status quo attitude, perhaps in the context of the threat of Pakhtoonistan. Many observers disagreed, holding the view that the situation in fact called for a policy to establish clear presence of the state in the region. There was a need to lift the economic status of the people from their ‘tribal’ backward state and to enable them to become full citizens of the new country. The First Five-Year Plan, 1955-60, for example, took note of the economic problems of the areas and made recommendations for their development, for dispensing with the old policy of ‘keeping peace through the loose-reigned agency administration and plentiful bribes’.

Notwithstanding these warnings, the masterly inactivity was continued. The vast territory was later ready to be used as a suitable location for US strategy during the Soviet invasion of Afghanistan. Further, it was to serve as a ‘strategic depth’ for Pakistani intelligence policy. The people in the tribal areas, nevertheless, remained poor in the fundamental sense, with no sustained source of income, only bounties from war and conflict. And the events have become more intense since 9/11 and growth of the religious militancy in the areas as well other

regions of Pakistan. And Pakistan still does not have its presence firmly in place in the areas, with extension neither of the constitution, nor the legal, political and economic institution of the country.

One does not need to be endowed with special insights to understand that the areas need to be an integral part of Pakistan, and to identify the measures that would make it possible to gradually move towards that goal.

The far-reaching Fata reforms, as the media reports described them, unveiled last week to mark the 63rd Independence Day, fall far short of this goal. These reforms may be a modest small step forward, but are two steps back from the coveted objective. These measures will neither extricate the tribal people from a century of bondage and servitude, nor usher them into the mainstream of national life, as claimed by the president in announcing the reforms.

The agency system, for example, will remain intact, only with a proviso to have their accounts subject to audit. Then it is claimed that the Frontier Crimes Regulation will be more responsive to human rights, with reference to the position of women and children, and that arbitrary arrest and detention without the right to bail will be ‘curtailed’.

The system will remain intact, as a whole. Given the fact that customs and tradition are deeply rooted among the tribal people, these steps are not likely to make a dent in the system. Also, the rights are easier to define in law but difficult to implement them when the state is not present in the areas, only the agency system is. After all, even in mainstream Pakistan, keeping vigilance on legal rights is not an easy task. The package of reform does envisage setting up of Fata Tribunal with powers similar to those of the high courts. It is a well-known paradigm, however, that wherever institutions are established which claim to be ‘similar to’ — they are in fact not equal simply because they are separate, especially when they are transplanted out of context with the cultural milieu.

As reported in the media, the reforms have extended the Political Parties Order 2002 to the tribal areas. Normally, any steps taken to encourage growth of political parties should be most welcome. Democratically run political parties are a sine quo non for a healthy democracy. Political parties in Pakistan are as a rule family affairs, or one-man show. And the fact is that the Order in its present form does not promote intra-party democracy at all. How the business of the party is conducted, how the leader is elected/selected/proclaimed depends on the constitution of the party. No mention is made about any possible party convention, about rules for leadership review, and about tenure of office of the leader. All this is rendered unnecessary because the underlying requirement is to have just the document called party constitution, a copy of which is to be deposited with the election commission. It may be said that by its total silence on this issue, the Order gives no importance to this principle. A leader may become a leader by means not specifically noted in the party constitution, including nomination by the outgoing leader, or through a will.

It would have been a good opportunity for the government to review this Order with a view to strengthening democracy in political parties. In its present form, the extension of this haphazard improvisation would not serve the cause of democracy in the country.

The news about the FCR reforms indicates that if the Zardari government wants to act promptly on a matter which it considers important, no joint-committee need be appointed, no public opinion need be solicited, no other such dilatory tactics need be adopted; just have a sub-committee of the cabinet consider the issue, submit it to the president and presto! The matter is settled.

The question then is what suitable measures can be taken to meet the challenge to integrate the tribal persons as full citizens of Pakistan, with all the rights and obligations which at least are theoretically expected from Pakistanis. The answer in fact is quite simple, the constitution must be extended without delay. Also, they need the same attention from the government as others in the country, except that as the First Five-Year Plan in 1955 suggested, they deserve greater support, and more urgently: universal primary education, suitable assistance for the poor and for the sick, easier access to higher education, and jobs.

The barrenness of the areas presents a serious limitation, but it also offers an opportunity to conduct geological surveys identifying potential resources, including water, underneath the dry peaks and valleys. They are long over-due. And Hindukush range is not that far. Soon, water will also require attention in the Indus region. It is the primary source of our sustenance; it has to be conserved, to be treated as a precious gift from nature.