Conclusion

This paper concludes that overall there is inadequate protection of human rights, and in some cases great abuse of human rights and child rights in FATA under the FCR. The Constitutional guarantees of the people of FATA as citizens of Pakistan cannot be enforced because the higher judiciary has been stopped from entertaining any appeal or request from the people of the region. Similarly, the right to challenge or appeal against the decision of the political agent is curtailed in section 60 of the FCR. An alleged offender is unable to seek relief from any other Pakistani courts. Notwithstanding, the Higher Courts of Pakistan have passed judgments which have intervened in those constitutional matters in which innocent men, women, and children have been victimized and abused under the FCR. There is also inadequate recording of the horrors of the outdated law on children and women.

It is also clear from reports prepared by former Justice Mian Ajmal, HRCP, etc.that the social fabric of Pashtun society in FATA has not given space to human rights values. Even minor children and infants, who have not committed any offence, are not spared, as they are arrested and sentenced simply because they are related to an alleged offender.

Thus far, the Constitutional Committee headed by Senator Raza Rabbani, has failed to amend Article 247 of the Constitution which would empower the National Assembly to formulate news laws based on the principles of human rights for the people of FATA.

It is of the essence, therefore, that the people of FATA themselves mount pressure on the government to exercise the required political will and commitment, which is all that is needed to free the tribal areas from the shackles of the FCR. It is hoped the current government will take up this issue on a priority basis. It is suggested that another constitutional amendment be passed which gives the power to amend and propose laws for FATA to the National Assembly of Pakistan. The National Assembly should initially and immediately remove the unlawful and unconstitutional provisions of the FCR. At the same time, the judiciary should be separated from the administration in FATA so that trials of juveniles and others could be executed according to the juvenile justice system and human rights standards.