HRCP Reports

In 2004, HRCP had called a consultative meeting on the FCR in Khyber, Mohmand and Kurram Agencies of FATA in which the following issues and grey areas of the FCR were pointed out (HCRP 2005):

• Life under the FCR is equal to slavery. No progressive activity is allowed by the political agent;
• The tribesmen cannot get loans from banks which is a major hurdle in economic activities and industrial growth;
• No agricultural improvement has been introduced into the area therefore the people have no alternative to the traditional poppy and bhang trade;
• Actions under the FCR cannot be challenged in the High Court;
• Accountability of the political agent and other officials is not allowed under the FCR and embezzlement of Kotal funds is also reported;
• The Political Agent and Assistant Political Agents are using FCR as a weapon and most of their activities are illegal; political agents have total powers as “power corrupts and absolute power corrupts absolutely”. Political Agents are abusing their powers for personal gain.
• The tribal system under the FCR does not meet the needs of the modern age. It is an outdated system. FATA is isolated from the international community;
• FCR should not be totally abolished but amended to stop its misuse by opportunists;
• Under the law, the political agent gives special remissions to those whom he personally favours and is thus not impartial in his duties;
• The Collective Responsibility clause should be amended and only Turbor and Tawan Sharik (a person who shares losses with others) may be considered under this clause;
• Houses are demolished against an offence of an individual and families are removed from areas which is an uncivilized activity;
• The Jirga system is corrupt and partial;
• It is common that jirga members sign on a blank paper and afterwards rai (decision) is written by the political administration according to its wishes;
• The original tribal system has lost its genuineness; in the given system social justice has become impossible and everybody is trying to win the favour of the political agent. Tribesmen have no freedom under the law;
• Consultations are held at private places (hujras) which creates difficulties for both parties (victims and offenders);
• “FATA is in the clutches of a triangle of civil bureaucracy, military bureaucracy and ‘babucracy’”;
• The Political Muharrir is often an illiterate person. He is not capable of writing a report. Though the FCR does not give any power to the Muharrir no one can speak with him for his or her rights;
• Even the ‘Babu’, Steno, Tehsildar etc. are given powers to effect arrests and detentions;
• Majority of problems are caused by tribesmen’s misuse of their discretion as provided for under riwaj. The Maliks are greedy and corrupt. They have caused most of the troubles;
• Political Muharrir and Babu of Katchery are corrupt and are very harsh on the people;
• “Territorial responsibility is a good provision but often thieves are sitting with the Tehsildar”;
• Riwaj cannot address the problems of the modern era. The rules of transport, for instance, have nothing to do with riwaj but are associated with riwaj.
•