FATA - In Real Perspective

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Historical Background of FATA

1. The Armies of Alexander arrived in Indus Valley by two separate routes, one direct through the Khyber Pass led by Haphestine and the other led by Alexander himself through Kunar, Bajaur, Swat and Buner. After Alexander’s death, “Battle of Khyber“was fought in 305 BC, between one of Alexander’s General Nikatora and Chandargupta of India and the valley came under the rule of Chandergupta and his grandson Emperor Ashoka. The first time Pathans had their contacts with Sub-Continent, in 11th century AD when Mehmood Ghazanvi appeared on the scene. In 1739, Nader Shah defeated Mughals and occupied most of these areas now consisting Pakistan. Ranjit Singh took over Peshawar in 1818 and the valley remained under the control of Sikhs until defeated by British in 1849.

2. The British Government of India tried to annex Afghanistan but did not succeed. In 1893, Sir Mortimer Durand negotiated an agreement with Amir Abdur Rehman Khan of Afghanistan to fix a partially a surveyed line called Durand Line. It runs from Chitral to Balochistan to designate the areas under the control of Afghans and Britishers respectively.

3. In 1901, Lard Curzon not only created NWFP but also divided it into settled districts and five Tribal Agencies, including Malakand, Khyber, Khurram, North Waziristan and South Waziristan. A Political Agent was appointed for each agency to separate its Administration from that of the settled districts of the Province. Lord Curzon’s, policy was to withdraw British troops from agencies and replace them with newly raised militia and avoid interference in Tribal Areas. The Khyber Rrifles, Khurram Militia, North and South Waziristan Militias were his creations. After the creation of Pakistan, three new agencies were created i.e. Mohmand in 1951 Bajaur and Orakzai in 1973. Where as, Malakand was joined in NWFP in 1951 as a Division.

Composition of FATA

4. Presently, Federally Administrative Tribal Areas consist of seven agencies namely Bajaur, Mohmand, Khyber, Orakzai, Kurram, North and South Waziristan. Except Orakzai, all Tribal Agencies are located along the Durand Line and have a direct impact of any developments in Afghanistan. FATA spread over an area of 27220 square kilometres (10,786 Sq Miles) and stretch for nearly 2300 km from Bajaur Agency to South Waziristan.

5. The inhabitants of these agencies are grouped into various Tribal communities, the Chief being Bajuaris, Mohmands, Afridis, Turis, Wazirs, Mashuds and Sheranis. Each Community has a different individuality marked off from others by slight differences ranging from social customs to pronunciations. But, all of them have a common Language, Culture and Religion. Total population of FATA is 3,355,000 people or roughly 2.4% of Pakistan’s population.

Tribal Traditions of Political Existence

6. The traditional Tribal Political system and Administration inherited from the British is highly questionable. In a Parliamentary form of the Government, it is the Prime Minister and the Cabinet that have the executive powers to rule and the President is the symbolic head of the state. But in case of FATA, it is the President who enjoys the executive powers to rule the area. The President has delegated his authority to the Governor of NWFP.

7. The Ministry of State and Frontier Regions known as SAFRON, at Islamabad looks after the administrative affairs and development activities in these areas. The Ministry of SAFRON is responsible to the Parliament through the Prime Minister but it has no role to play in Policy formulation and its execution in the areas.

8. Neither the Supreme Court nor the High Court exercises any jurisdiction in taking action against administrative wrongs in the area. Political Agent who is the Chief Executive in the Agency is empowered with enormous administrative and financial powers. As an executive, he ensures law and order in the area, collects revenues and taxes, plans and coordinates development activities besides performing the judicial duties.

Role of FATA in National Politics

9. FATA had a restricted mode of franchise and under the electoral system; only Maliks and Lungi-holders could cast their vote. Electoral Act 1974, entitled every male and female to be registered in the list of voters but the Presidential order no 1/75 known as Preparation of Electoral Rolls (FATA) Order 1975 deprived the Tribals of their right to adult franchise. FATA was given representation in the West Pakistan Assembly during One Unit days as mentioned in both 1956 and 1962 Constitutions. Its Provincial representation was abolished in 1973 Constitution and consequently FATA has no seats in Provincial Assembly.

10. Eight Members for National Assembly i.e. one for each agency and one for Dara Adam Khan and Dera Ismael Khan are elected on the basis of limited franchise in Tribal Areas. The eight MNAs of FATA elect the eight FATA Senators, who represent Tribal people in the Senate. All MNAs vote for each Senator from each agency. A candidate is proposed by one MNA and seconded by another. He needs three more votes to show majority for the Senate seat. These members of the parliament participate in the process of legislation for the entire country but can not make laws for their own area.

Status of FATA in Constitution

11. After the Independence, the Governor General of Pakistan issued Constitutional notification to acquire legal control in the Tribal Areas and declared FATA as a part of Pakistan with effect from 15 August, 1947. In 1951-52, Central Government revised these agreements with tribes in order to have greater authority and control over the Tribal Areas.

(a) 1956 Constitution. On 23rd March, 1956, the first Constitution of Pakistan came into existence. This Constitution did not bring any change in the administrative or political set up of the Tribal Areas. However, FATA was given limited seats in West Pakistan Assembly.

(b) 1962 Constitution. Under 1962 Constitution, again Central and Provisional laws could not be applied in Tribal Areas. However, seats in West Pakistan Assembly were maintained.

(c) 1973 Constitution. Under 1973 Constitution, Tribal Areas have been defined and mentioned in articles 51, 145, 246 and 247.

(i) Article 51(6) of the Constitution powers the President to extend the Electoral system based on adult franchise to the Tribal Areas.

(ii) Article 145 of the Constitution authorizes Governor NWFP to take charge of the area as an Agent to the President of Pakistan.

(iii) Under Article 246, the President is not only the Constitutional figurehead but also the Chief Executive of the Tribal Areas.

(iv) Under Article 247, the President has exclusive authority to decide that which law has to be applied to Tribal Areas. This Article clearly lays down the Presidential powers to abolish Tribal Areas with out any Constitutional Amendments

Inherent Problems of FATA

12. Overall, the 1973 Constitution nor provide any relief or guarantees social rights to the Tribal people. Thus, the people of FATA have neither human right nor they can claim any other status, privilege or position guaranteed to the other citizens of Pakistan in the Constitution. The Frontier Crimes Regulations known as FCRs 1901 are still enforced in FATA. FCRs were as an instrument of the British rule and its victims do not have the right of appeal to any Court of Law in Pakistan.

13. The FCRs, issued in 1872 and revised in 1887 and 1901, introduced special procedures for trial of cases by excluding the basic rights of an Ordinary Law. The FCRs gave excessive powers to Political Agents. The deviation from the normal legal procedures was justified by the rulers mainly on the administrative grounds related to the maintenance of law and order and speedy settlement of disputes. The Present Government planned the reforms package in 2002 but the same was partially postponed before elections due to different political reasons.

Hidden Groups of Classless Society of FATA

14. The Pakhtoons society was divided into “haves and have not”. The common person became poor, inferior and relegated to sub human status. A Tribal Society is considered classless society where all are equal. However, with the passage of time, different social groups have given birth to different social classes in the Tribal society.

(a) The Affluent and Aristocrats include the traditional Maliks, Khans and Lungi-holders. Members of this class constitute the largest beneficiaries of facilities, control the educational institutions and Government services based on quota system air marked for Tribal Areas. They are status quo orientated and extremely allergic to outside political influence.

(b) The Criminal class makes their living by kidnapping for ransoms, car lifting and other civil curses. They are supporters of autonomous status of Tribal Areas.

(c) The educated class includes all those who are not satisfied with the existing Economic, Political and Administrative system and are opposed to status quo. They are eager to support any positive change in the existing political set up and want to have changes in administrative affairs.

(d) The general public class comprises the majority of the Tribal population. They have little to gain from the Government and are afraid of the law and order authorities, specially the Frontier Crimes Regulations. They cannot afford to challenge the administrative abuses and economic injustices.

Existing Militancy in FATA

15. After the Soviet invasion of Afghanistan in 1979, thousands of Afghan refugees fled across the border to FATA. These Afghan refugees were categorized into two categories:-

a. Muhajreen or Refugees

b. Mujahideen or Freedom Fighters

16. FATA became an important base for the Mujahideen guerrillas fighting the Soviet occupation. The roots of al-Qaeda and Taliban can be traced back to the Afghan war when the USA along with Saudi Arabia and Pakistan, trained 200,000 Afghan Mujahideens and provided them with two Billion Dollars’ worth of assistance. After US action in Afghanistan and defeat of Al-Qaeda and Taliban, they needed a shelter for their survival and future operations. The mountainous terrain of FATA coupled with strong religious leaning of its people, made this region as a safe heaven for leaders of Al-Qaeda and Taliban.

17. These leaders successfully established formal organizational network in FATA and expanded their public contact campaigns with the aim of recruiting fighters for operations in Afghanistan. The campaigns involved corner meetings in Mosques, Madrassas and Hujras in various parts of FATA. As a result of these religious exploitations, thousands of aspiring Tribals joined their training centres at different locations mainly at Wana in South Waziristan.

18. The activities of these Militants have led to basic changes in social and economic life of the people of FATA which are as following:-

(a) Dance and Music, once a regular feature of weddings in FATA, have been put under siege.

(b) Audio and Video business have been closed in majority of the areas.

(c) Activities of NGOs are being checked and limited.

(d) Folk dance shows on religious occasions are also being checked.

(e) Circus and Companies offering amusement are getting away due to fear of attacks by Militants.

(f) Internet services are reducing continuously.

(g) And many other changes took place especially related to women.

Conflict with Central Government

19. Keeping in view the national politics, terrorists actions world wide, training activities of Al-Qaeda in FATA and internal security of Pakistan, the conflict between the Central Government and people of FATA is existing which mainly includes:-

(a) Demands by the Central Government

(b) Demands by the people of FATA


Demands by the Central Government

20. The Central Government desires that:-

(a) All the members of Al-Qaeda and Taliban should not get any shelter in FATA, if there is any should immediately be handed over to the concerned law enforcing agency.

(b) All the Jehadi training Madarass shall seize such activities without any delay.

(c) They should discourage Terrorists activities in any part of world.

(d) All the Madrassas should include modern education subjects as part of their syllabus.

(e) No Foreign economic aids are accepted by them and their accounts shall be audited regularly.

(f) Development packages offered by the Central Government should be supported by them.

(g) All the illegal activities, Arm smuggling and drug trafficking must be stopped and discouraged.

(h) On all International and National issues, people of FATA shall join hands with Central Government.

(i) They should support the Central Government in Mineral Exploitations.

Continued in Part II

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Continued from Part I

Demands by the people of FATA

21. The people of FATA are generally religious minded and strongly believe in their area traditions. Their conflict with Central Government is mainly on following issues:-

(a) Process of development in FATA is comparatively slow as compared to
other areas of NWFP and Pakistan.

(b) Process of development does not consider their local Traditions.

(c) Employment opportunities and quota is less which force the people to opt for illegal activities.

(d) Social amenities like Medical and Education are unsatisfactory

(e) As per agreement with the people of FATA, electricity was to be provided free where as process of installation of electric meters is also going on in FATA.

(f) People of the area desire abolition of FCRs and its replacement with suitable laws.

(g) They strongly oppose the interference of other countries mainly the USA.

(h) They are also raising issues like their reasonable share in Mineral exploitations.

(i) People of FATA are also opposing Fencing and Mining along the border by Para Military Forces.

Resolution of Conflict

22. Conceding to the growing demand of FATA people, the President, on 14 December, 1996 decided to replace the restricted mode of elections, which favoured a limited class of Malik’s against the majority of the population. However, 2002 can be rightly called as an era of reforms in FATA. The major reforms planed in FATA during this year were:-

(a) For the first time, the Government of Pakistan decided to give due representation to the Federally Administered Tribal Areas by allocating a fixed number of seats in the Provincial Assembly of NWFP.

(b) A special three-year development package costing Rs.7.5 billions for the social and economic development of FATA was approved.

(c) In a meeting chaired by the Chief Executive of Pakistan in January 2002, the subject reforms in FATA were discussed in its totality and the following important decisions were taken to introduce a comprehensive reforms package:-

(i) Political Agents were re-designated as Agency Coordinating Officers.

(ii) Elections to both the Agency Council and Tehsil Councils will be held on direct adult franchise.

(iii) General seats were fixed 40 for each Agency Council and 20 for each Tehsil Council, irrespective of population. A Law and Order Committee, which consists of Nazim as Chairman, Officer Commanding, Frontier Corps, and Officer Commanding, Khassadars as members and with the Agency Coordination Officer as Secretary, will be responsible for maintenance of law and order in each agency.

Economy of FATA

23. The Tribals have a desire to change their Socio-Economic conditions without distorting the basic characteristics of the Tribal Society. Unfortunately, the region lacks the basic infrastructure and security for industrialisation. FATA has four percent quota in federal services. This insufficient Quota cannot rid them of inherent joblessness. Moreover, the limited quota is also generally availed by the people living in the settled areas through manipulation. There are hardly any industrial units in the area. The economic sphere and activities in which the tribe’s men are employed are very meagre as compared with the opportunities available in the settled areas.

24. Agriculture is the main stay of income and livelihood of the people. But this sector is facing many difficulties since the area is mostly uneven and mountainous. With only 6.3 per cent area cultivated through employment of old Agriculture techniques and lack of Capital for investment, this sector is under utilized. Inaccessibility of Tribal formers to modern Agricultural technology is making this sphere uneconomical and unpopular.

25. FATA is one of those lucky areas, which are enriched with Mineral resources. At present, Central Government is putting all out efforts to exploit these Mineral resources. The people of this area desire for their due share in this natural wealth. The economy of FATA will certainly boost up, after exploitation of these minerals.

Socio Economic Indicators of FATA Compared with Pakistan & NWFP

26. Development of FATA has been continuously neglected for long and the direction less regional planning has kept the region continuously under developed. The economic condition of the area is far beyond from satisfactory.

26. The Tribal men face acute problems due to lack of education facilities, which have exposed them to extreme hardships. The rate of literacy is very low for males and negligible for females. People do not send their children, particularly girls, to school. Incidentally, in the education sector, against a total of 3022 Mosque schools, 4764 Primary schools, 418 middle schools, 387 high schools, 17 Technical institutes/inter/degree colleges of the six settled districts, the seven Tribal agencies have only 1484 primary schools, 173 middle schools, 115 high school, 10 commercial /vocational/technical institutes /colleges, 3 high secondary schools and 8 colleges.

28. The Health sector likewise presents a more discouraging picture. For example, average population per Hospital/Dispensary held in these agencies is 2893 persons while the average population of a settled district per Hospital/Dispensary is 1885 persons. Similarly, average population per Doctor in the agency is 14949 persons against the average population of 5742 persons per Doctor in settled areas.

29. The people of FATA have traditionally been involved in trade with Pakistan as well as Afghanistan without any restriction on the movement of men and material. There used to be only one road linking Pakistan with Afghanistan via Torkham but now each of the six agencies, which border Afghanistan are linked with it through single roads. In addition to smuggling of electronics goods and other items, a lot of narcotics are also smuggled from Afghanistan through FATA to the main land in Pakistan. Especially, during the Afghan war, this business was at its peak causing irreparable damage to the Pakistani youth.

Development Process in FATA

30. Unfortunately, the region lacks the basic infrastructure and security for industrialisation. Whatever industrialisation was carried out in the public sector, FATA Development Corporation has turned it into sick industry due to poor management. Comparing the number of the Industrial Units of the two sets of the areas, one can easily accesses the quantum of unemployment in the Tribal Areas. Against the total of 200 industrial units in the six settled districts, there are only 11 sick Industries in the Tribal Areas.

31. Labour in Gulf countries is another source of earning for Tribals. But few can afford the cost of travel. On the other hand, the rate of population growth in the region is one of the fastest in Pakistan. Such a situation is bound to lead the region to mass unemployment, economic depression and stagnation. Unemployment in itself is the root of all social evils. Workless tribesmen mostly, engage themselves in robberies, theft, car lifting and kidnapping.

Restoration of Government Writ in FATA

32. The Central Government has always been keen to execute development works in FATA and acknowledgement of basic rights to let it flourish like other parts of Pakistan. Due to non-availability of skilled manpower and supervisory level, it practically is getting difficult for any industry to sustain in these areas. However, the rich class of these areas was permitted to establish their business in other parts of Pakistan. The existing road communication of FATA is considered better than the established districts of NWFP.

33. All out efforts are being made to restore the writ of Central Government in the area. It mainly includes:-

(a) Adult franchise right during elections.

(b) Restoration of peace in the area.

(c) Exploitation of Natural Wealth.

(d) Execution of development Works.

(e) Declaration of FATA as tax free zone.

34. The Central Government signed an accord with Pro-Taliban members in April, 2004 in South Waziristan and on 5 September, 2006 in North Waziristan. Both sides reached accord with the active support of Jamiat Ulmae Islam (JUI), the largest component of Muthedda Majlase Amal (MMA). To show sincerity for the cause and establish writ in the area, the Central Government:-

(a) Released already arrested Militants.

(b) Returned their Weapons.

(c) Disbanded Security Posts.

(d) Maximum security personnel retreated to barracks.

(e) Allowed foreigners to stay in area provided they are not involved in violence.

Future Prospects

35. The Administrative and Political set up is now being widely challenged by the tribe’s men who do not want to remain at the mercy of few illiterate Maliks and the powerful Political Agents. The tribes men are very critical of the Frontier Crime Regulations forced upon them since the British time. The educated and moderate people in the Tribal Areas are in the favour of such reforms that would ensure Tribal Area’s integration in the National mainstream.

36. Every time the question for reforming the system came up, vested interest minded groups painted most disputed pictures indicating that there will be large-scale disturbances. They have asked the Government to resolve the FATA crisis through dialogue, not to use force to devastate the situation further. If Government was interested to win the tribes men heart various development works should be launched and remove the sense of negligence in the Tribal Belt.

Analysis

37. As it is a universal fact that ignorance and poverty is mother of all miseries and most of the social evils. Additionally, religious exploitation by the local and foreign intelligence agencies in the name of “Jihad” and the current operations by the Country Security Forces against the Terrorists have provided fuel for already burning fire. The situation needs careful and mature handling.

38. The FATA is still being administered by FCRs. Neither the Constitution nor the laws of Pakistan are applicable there. The fruit of Modern and the representative Administration are denied to its population. FATA has been pushed to a permanent back seat making it’s the most backward region of the Pakistan. FATA enjoys inflated representation in the Parliament of Pakistan, which a solid block of votes for every Government in power and contribute nothing in the uplift of their own region.

39. FATA legally enjoys a special status, but this so called special status amounts to no status at all. Its people have no fundamental rights as enjoyed by the rest of Pakistan. There is hardly any industry worth mentioning. The lack of job opportunities has turned this region into a smugglers paradise. Socio-economic and educational backwardness has made this area a heaven for the kidnappers and terrorists. Fellow citizen living in FATA have suffered a lot since last 60 years.

Recommendations

40. Building democratic and constitutional institutions and bringing the people of FATA to national mainstream is important for the economic development and internal political process. Reforms leading towards better economic conditions and quality of life are always are honoured. These reforms need to be gradual, must enjoy the confidence of the masses, and just not be through sheer use of force. The Government needs to make a deliberant move to ensure speedy development work in the area and change the system of Governance.

41. In the light of existing situation in FATA, the following recommendations are made:-

(a) Measure may be taken to win the confidence of the people. Speedy developmental activities on priority bases would play an important role in this regard.

(b) The existing administrative set up created by the British to serve their interests needs a change. A possible model of administrative set up similar to that prevailing in the settled districts of NWFP is recommended for gradual adoption.

(c) FATA should be given representation in NWFP Provisional Assembly as per the reforms package of 2002.

(d) Reform package of 2002, may be instituted with full spirit. Agency Government may be instituted by District Government as in settled areas.

(e) The participation of a common man from FATA in Democratic process will play an effective role in the area.

(f) The Frontier Crime Regulations may be abolished and new laws as in rest of the Pakistan may be introduced.

(g) Ordinary laws should act side by side with the existing Jirga system in the area.

(h) Allocation of funds for FATA should be inline with other Districts of the NWFP.

(i) Old Agricultural methods may be replaced with Modern Technology by provision of grants and interest free loans.

(j) Continuous efforts for peace through dialogues may be opted by ignoring smaller wrongs in the area.

(k) One of the following options as accepted by the people of FATA may be instituted.

(i) Option one is to convert each Agency into a District and each District should have two Tehsils. District and Tehsil Councils headed by Nazims may be instituted as District and Tehsil Governments.

(ii) Under option two, these agencies should be merged in to the adjoining settled Districts of the NWFP as a part of the same District.

(iii) Under option three, FATA may be declared as the Fifth Province of Pakistan. It shall have its own complete setup of Administration and Provincial Assembly.

(iv) Under option four, the Tribal Areas may be given the status as that of state of Azad Kashmir. The people would feel that they are running their own affairs through their own Government in their own land. Pakistan should provide them Political, Moral and Diplomatic support along with Internal as well as External Security network.

Conclusion

42. Pakistan being once again an American ally and a front-line state in war against terrorism, it started Military operations since 2004 in North and South Waziristan agencies to deny safe heaven for Al-Qaeda and Taliban’s in FATA. There is a realization in people of FATA that military occupation of Afghanistan is part of the US new policy meant to control vital economic resources in these areas and military action in Waziristan is for American interests.

43. The present politico-administrative structure in FATA is an obstacle in the development of the area. The controlling functions of the bureaucracy therefore, need to be replaced by mass participation through the institution of local Government. This will help to evolve a system of checks and balances to curb the misuse and misapplication of valuable resources.

44. Neglected for decades, FATA is one of Pakistan’s poorest regions, with high poverty and unemployment. Located along the Afghanistan border and a major regional transit route, its economy is mainly dependent on smuggling. Since the outbreak of the Afghan civil war, there has been enormous growth in drugs and weapons trafficking. Militancy and extremism in Tribal Agencies cannot e tackled without firm action against criminality. But for this, economic grievances must be addressed.

45. The decision to grant right of vote to the tribesmen during recent Elections in Bajoar Agency has been termed as a historic decision. The people’s right of adult franchise will meet the growing demand of the people for participation in elections from which they were debarred since the creation of the country. Extensive economic and social development coupled with structural changes in Tribal political and administrative system could lead us to complete integration of the Tribal Area in the national mainstream so vital to national security.