Terrorism from the last eight years had put severe dents in Pukhtuns’ culture. Amn Tehrik
Tuesday, December 8, 2009 at 2:10pm
Activists of Amn Tehreek, a representative body of civil society organizations took out a peace rally in Peshawar here on Tuesday. Idress Kamal, convener of Amn Tehrik, Dr. Said Alam Mehsud, Shamim Shahid, Khalid Ayub, Shakeel Wahid Ullah, Rakhsinda Naz, Begum Jan, Nusrat BB, Samina Afridi, Naheed Malalai, Muhammad Jan Gagyani Anwar Durrani, Dr. Khan, Umer Javed, Umair Ahad Meerkhel, Hassan Zeb Khan, Nizam Ullah Dawar, and Zar Ali Khan Musazai and Noroz Khan Advocate of General Secretary of Peshawar Bar Association participated in the rally that started from Peshawar Press Club and culminated at the blast site. The rally was against the bomb blasts of Session Court Peshawar, Quetta, Rawalpindi and Lahore. The participants chanted slogans of "We want peace on our soil" and "No to terrorism” we condemn all form of terrorism, we want unity against terrorism.
Idress Kamal, convener of Amn Tehrik said that they came to express their sympathies with the bereaved families and to convey the message that the victim families were not alone in their hour of grief and sorrow. He said that the residents of terrorist targeted areas would not succumb to the terror activities and would continue their struggle to restore peace and tranquility of the country. He said that the ongoing military operation in the tribal region was not going in the right direction as none of the militants’ leaders had been captured. They stressed the need for a targeted military drive. He said that Pukhtun must be united against the oppressor. He demands that the state must change their policy. We are suffering from duel policy of our state.
Speaking on the occasion Khalib Ayub, Tajir Ithihad Peshawar said that the government should immediately compensate the families of the martyrs as well as of those who received injuries in the blast. He said that the government should also announce compensation for those who lost their business and property in the blasts. He also demanded compensation for those who lost their shops, homes and other property. He said that the death toll could have been lowered had a proper rescue operation been started by trained and well equipped teams.
Shamim Shahid President Peshawar Press Club said that the perpetrators of such a heinous crime could not be called Muslims or even human beings, as they are enemies of humanity. He said that they want to convey a message to terrorists that the people of this province would not cowed by their terror activities and would stand united and would fight the terrorists till their elimination. He said the rally was taken out to give a message to the affectees of the tragedy that the civil society was with them at this hour of trial. He demanded that 70% of Funds generated on the name of War on terror must be given to Pukhtunkhawa. Pakistan should stop interfering in other neighboring countries.
Dr. Said Alam Mehsud of Amn Tahrik demands arrest of militant leaders and asked the government to stop the drama of military operations in the province. He termed the ongoing operation in Waziristan a futile exercise, saying that the military establishment was in no mood to eliminate militants but just to strengthen their control on them. He claimed that all the militants, who had left South Waziristan Agency, had now gathered in North Waziristan. Pakistan interference in the internal affairs of Afghanistan led us to the current mayhem in the country, particularly in the Pakhtun belt; He said terrorism was a big menace, which had engulfed the whole Pakhtun belt. He said terrorism from the last eight years had put severe dents in Pukhtuns’ culture as their hujras, jirgas and weddings were all targeted and devastated. He said it had not only affected the culture but the economy, trade and communication of Pukhtuns were also badly damaged. He said things would not improve till the policy change of the establishment vis-a-vis Afghanistan. Dr Mahsud also expressed his dissatisfaction at the ongoing military operation in South Waziristan Agency, saying: “The security forces have launched operation in South Waziristan from three sides why not from all the sides. He added that the move created suspicions about the intentions of the planners of the operation Rah-i-Nijat. He said the existing situation could not be tolerated anymore, demanding the government to solve the lingering problem as early as possible. Participants chanted slogan against the extremist and all form of terrorism. They prey for the departed soul. Later, the participants laid floral wreath at the scene of the blast.
Monday, March 22, 2010
Call for bringing FATA into National Mainstream ( Daily Dawn, May 26, 2009)
Call for bringing FATA into National Mainstream ( Daily Dawn, May 26, 2009)
No amount of "state-imposed development" can be acceptable unless peace is restored in tribal areas, speakers at a conference on Fata development said on Monday. The conference on "Development in Fata: Opportunities and Challenges" was attended by parliamentarians from Fata, members of NGOs, academia, and political workers.
They called for the revival of the local government system, extending the country's legal system to tribal areas, bringing Fata tribes into the national mainstream, providing them full representation in all government organisations, repeal of the Frontier Crimes Regulations (FCR) and extending the Political Parties Act over tribal areas. They also called for immediate halt to US drone attacks which was resulting in an increase of anti-US sentiments and fanning terrorism and militancy. Some participants even advocated bringing Fata under the purview of the high court and ending the arbitrary role of the political agent. One participant said there was no sign of Al Qaeda presence in tribal areas and drone attacks had made no difference. "Islamabad needs to discontinue the policy pursued by the British in Federally Administered Tribal Areas, Federally Administered Northern Areas and Azad Kashmir if it wants to change the country's political environment. The current political strategy in Fata region has proven to be an ad hoc arrangement," they observed. "Bureaucracy eats up almost 60 per cent of development funds, while the remaining 40 per cent is misappropriated and mismanaged by local politicians and administrators," claimed Noor Mohammad, a tribal activist. MNA Engineer Shaukatullah said that the FCR was not a divine law which could not be changed. Terming the proposed reforms in the tribal administrative system secondary, he said peace needed to be restored before everything else. According to Asadur Rahman, a member of an NGO, Fata should initiate a campaign for equal constitutional rights under a new social contract a need being stressed by some mainstream political parties. Fifty per cent of youths fighting for militant groups hailed from southern Punjab, 40 per cent belonged to the NWFP, nine per cent from Sindh and one per cent from Balochistan, Mr Asad said, citing a study carried out by an NGO. Criticising US policy, Aisha Gullalay of the Pakistan People's Party (PPP) accused the US of creating an upheaval in the region and said it was the duty of western powers to immediately rectify the situation.Noor Mohammad of the Khyber Agency said tribesmen should be allowed to decide whether they wanted to make Fata a separate province or merge it with the NWFP. Mukarram Khan Atif, a journalist from Mohmand Agency, said that government policies and militants� course of action had devastated the region. Other speakers included Tahira Abdullah, Qamarunissa, Asad Afridi, Nizam Dawar, Dr Zia Dawar and Zahir Shah.
No amount of "state-imposed development" can be acceptable unless peace is restored in tribal areas, speakers at a conference on Fata development said on Monday. The conference on "Development in Fata: Opportunities and Challenges" was attended by parliamentarians from Fata, members of NGOs, academia, and political workers.
They called for the revival of the local government system, extending the country's legal system to tribal areas, bringing Fata tribes into the national mainstream, providing them full representation in all government organisations, repeal of the Frontier Crimes Regulations (FCR) and extending the Political Parties Act over tribal areas. They also called for immediate halt to US drone attacks which was resulting in an increase of anti-US sentiments and fanning terrorism and militancy. Some participants even advocated bringing Fata under the purview of the high court and ending the arbitrary role of the political agent. One participant said there was no sign of Al Qaeda presence in tribal areas and drone attacks had made no difference. "Islamabad needs to discontinue the policy pursued by the British in Federally Administered Tribal Areas, Federally Administered Northern Areas and Azad Kashmir if it wants to change the country's political environment. The current political strategy in Fata region has proven to be an ad hoc arrangement," they observed. "Bureaucracy eats up almost 60 per cent of development funds, while the remaining 40 per cent is misappropriated and mismanaged by local politicians and administrators," claimed Noor Mohammad, a tribal activist. MNA Engineer Shaukatullah said that the FCR was not a divine law which could not be changed. Terming the proposed reforms in the tribal administrative system secondary, he said peace needed to be restored before everything else. According to Asadur Rahman, a member of an NGO, Fata should initiate a campaign for equal constitutional rights under a new social contract a need being stressed by some mainstream political parties. Fifty per cent of youths fighting for militant groups hailed from southern Punjab, 40 per cent belonged to the NWFP, nine per cent from Sindh and one per cent from Balochistan, Mr Asad said, citing a study carried out by an NGO. Criticising US policy, Aisha Gullalay of the Pakistan People's Party (PPP) accused the US of creating an upheaval in the region and said it was the duty of western powers to immediately rectify the situation.Noor Mohammad of the Khyber Agency said tribesmen should be allowed to decide whether they wanted to make Fata a separate province or merge it with the NWFP. Mukarram Khan Atif, a journalist from Mohmand Agency, said that government policies and militants� course of action had devastated the region. Other speakers included Tahira Abdullah, Qamarunissa, Asad Afridi, Nizam Dawar, Dr Zia Dawar and Zahir Shah.
Tribesmen reject reforms body proposals: The News international
Tribesmen reject reforms body proposals
Vow to launch protest movement, demand abolition of FCR
Friday, March 12, 2010
Bureau report
PESHAWAR: Tribal people here Thursday rejected the recommendations of the parliamentary committee for tribal areas and vowed to launch a full-fledged protest movement for introduction of reforms in the area.
The tribesmen under the aegis of Tribal Development Network, a conglomerate of non-governmental organisations working in the tribal areas, students and journalists hailing from Fata staged a protest walk on Thursday to condemn the reforms committee proposals for tribal areas and termed its recommendations as biased.
Started from Speen Jumaat, the walk led by head of the network Nizam Dawar and Provincial Vice-President of Tehrik-e-Insaf Iqbal Afridi culminated at the main gate of the University of Peshawar.
The protestors were holding banners and placards inscribed with slogans against the parliamentary committee. They also called for abolition of the Frontier Crimes Regulation (FCR).
The parliamentary committee for reforms to the FCR had suggested that owing to the prevailing restlessness in the tribal areas, amendments should not be made in the FCR and reforms not be introduced in tribal areas.
Addressing the participants of the walk, Nizam Dawar rejected the recommendations of the parliamentary committee and demanded abolition of the FCR. He said that constitutional and other reforms should be introduced in the tribal areas like other parts of the country. He said when the committee was formed, people of the tribal areas were happy that it would introduce reforms in accordance with the aspirations and needs of the people living there. But the committee’s recommendations had sent a wave of despair among the tribal people.
The tribesmen said they would organise a seminar in the provincial metropolis against the committee and its proposals. They would also launch a ‘long march’ from Peshawar to Islamabad and hold a protest in the federal capital, they added.
Vow to launch protest movement, demand abolition of FCR
Friday, March 12, 2010
Bureau report
PESHAWAR: Tribal people here Thursday rejected the recommendations of the parliamentary committee for tribal areas and vowed to launch a full-fledged protest movement for introduction of reforms in the area.
The tribesmen under the aegis of Tribal Development Network, a conglomerate of non-governmental organisations working in the tribal areas, students and journalists hailing from Fata staged a protest walk on Thursday to condemn the reforms committee proposals for tribal areas and termed its recommendations as biased.
Started from Speen Jumaat, the walk led by head of the network Nizam Dawar and Provincial Vice-President of Tehrik-e-Insaf Iqbal Afridi culminated at the main gate of the University of Peshawar.
The protestors were holding banners and placards inscribed with slogans against the parliamentary committee. They also called for abolition of the Frontier Crimes Regulation (FCR).
The parliamentary committee for reforms to the FCR had suggested that owing to the prevailing restlessness in the tribal areas, amendments should not be made in the FCR and reforms not be introduced in tribal areas.
Addressing the participants of the walk, Nizam Dawar rejected the recommendations of the parliamentary committee and demanded abolition of the FCR. He said that constitutional and other reforms should be introduced in the tribal areas like other parts of the country. He said when the committee was formed, people of the tribal areas were happy that it would introduce reforms in accordance with the aspirations and needs of the people living there. But the committee’s recommendations had sent a wave of despair among the tribal people.
The tribesmen said they would organise a seminar in the provincial metropolis against the committee and its proposals. They would also launch a ‘long march’ from Peshawar to Islamabad and hold a protest in the federal capital, they added.
NGOs demand enhancement of security and condemn attack on world vision office
The Business Recorder
NGOs demand enhancement of security
RECORDER REPORT
PESHAWAR (March 13 2010): Six non-governmental organisations (NGOs) working in NWFP on Friday demanded enhancement of the security of their facilities and called for provision of monetary compensations for the families of the victims of Ogi Mansehra incident. The demand was made during a press conference of the Sarhad NGOs Ittehad here.
Those present on the occasion were included the representatives of Alliance for Protection of Human Rights (APHR), Joint Action Committee (JAC) NWFP, Tribal Development Network (TDN), Women Action Forum (WAF), Citizens Rights Movement (CRM) and Pakistan Minorities Rights Committee (PMRC).
Speaking at a joint news conference, a representative of NGOs, Shakeel said that like other segments of the society, development organisations have also been affected by the terrorism and militancy in the province. Those present on the occasion were included Nizam Dawar, Zar Ali Khan, Rukhshanda Naz, and Jacob. They condemned attack on humanitarian organisation World Vision in Manshera and said all non-governmental organisations working in NWFP and FATA deplored the act.
Shakeel, said that in wake of constant incidents of kidnapping of representatives and workers of NGOs, the people are feeling insecure, saying relief and humanitarian organisations are facing difficulties in carrying activities in different parts of the Frontier province.
The terrorists, he said are against the progress and development of the poor and their main objective is to create anarchy and uncertainty in the country. He said the ultimate goal of development organisations is development and prosperity through providing job opportunities for youth as well as generation of revenue for the country. He demanded the announcement of the compensation of Rs 5 million for heir of deceased and Rs 30, 000 for each injured worker of humanitarian organisation.
NGOs demand enhancement of security
RECORDER REPORT
PESHAWAR (March 13 2010): Six non-governmental organisations (NGOs) working in NWFP on Friday demanded enhancement of the security of their facilities and called for provision of monetary compensations for the families of the victims of Ogi Mansehra incident. The demand was made during a press conference of the Sarhad NGOs Ittehad here.
Those present on the occasion were included the representatives of Alliance for Protection of Human Rights (APHR), Joint Action Committee (JAC) NWFP, Tribal Development Network (TDN), Women Action Forum (WAF), Citizens Rights Movement (CRM) and Pakistan Minorities Rights Committee (PMRC).
Speaking at a joint news conference, a representative of NGOs, Shakeel said that like other segments of the society, development organisations have also been affected by the terrorism and militancy in the province. Those present on the occasion were included Nizam Dawar, Zar Ali Khan, Rukhshanda Naz, and Jacob. They condemned attack on humanitarian organisation World Vision in Manshera and said all non-governmental organisations working in NWFP and FATA deplored the act.
Shakeel, said that in wake of constant incidents of kidnapping of representatives and workers of NGOs, the people are feeling insecure, saying relief and humanitarian organisations are facing difficulties in carrying activities in different parts of the Frontier province.
The terrorists, he said are against the progress and development of the poor and their main objective is to create anarchy and uncertainty in the country. He said the ultimate goal of development organisations is development and prosperity through providing job opportunities for youth as well as generation of revenue for the country. He demanded the announcement of the compensation of Rs 5 million for heir of deceased and Rs 30, 000 for each injured worker of humanitarian organisation.
TDN demands of the government to announce special package for FATA
Peshawar, January 12, 2010 (PPI): Tribal Development Network (TDN) demanded of the government to announce a special relief package or a marshal plan, as the announced package is insufficient for the Federally Administered Tribal areas (FATA). Speaking at a news conference, here on Tuesday, TDN President Nizamullah Dawar, welcomed the Prime Minister Yousuf Raza Gilani Relief Package for the militancy hit areas of NWFP and FATA, and added that though the package was much less than the expectations because it will not prove helpful in the resolutions of the burning problems of tribal
Monday, February 1, 2010
Introduction of FATA, issues and recommendations
By Zar ali khan musazai
Introduction of FATA:-
The Federally Administered Tribal Areas (FATA) in Pakistan are areas bordering Afghanistan, outside the four provinces, comprising a region of some 27,220 km² (10,507 sq mile. The area has Afghanistan to the north-west, NWFP to the east and Balochistan to the south.
The Tribal Areas comprise seven Agencies, namely Khyber, Kurram, Bajaur, Mohmand , Orakzai, North and South areas of Waziristan and six FRs (Frontier Regions) namely FR Peshawar, FR Kohat, FR Tank, FR Banuu, FR Lakki and FR Dera Ismail Khan. According to Census of Pakistan 1998, its total population is said to be 3.3 million while the intellectual and political circles of FATA critisises it saying that FATA has a population more than 10 million.
FATA is governed by the Frontier Crimes Regulation(FCR) introduced in 1901 under the British Government of India. It is represented both in Pakistan's lower house and in its upper house of parliament. Previously, tribal candidates had no party affiliations and could contest as independents, because the Political Parties Act had not extended to the tribal areas. However, tribesmen were given right to vote in the 1997 general elections despite the absence of a Political Parties Act.
The head of each tribal Agency is the Political Agent. The Political Agent wields extensive powers.The political agents are widely considered corrupt.Each Agency, depending on its size, has about 2 to 3 Assistant Political Agents, about 3 to 4 Tehsildars and 4 to 9 Naib Tehsildars with the requisite supporting staff. Each FR is headed by the DCO . Under his supervision there is one Assistant Political Agent and about 1 or 2 Tehsildars and Naib Tehsildars, as well as supporting staff. Each Agency has roughly 2 to 3 thousand Khasadars and levies and 5 to 9 Wings of FC for maintenance of law and order in the Agency and borders security.
FATA is the most impoverished part of the Pakistan, with a per capita income of only half the national average of $500 in 2008 and only 34% of households managing to rise above poverty level.
The formation of the seven Agencies and six FRs is as follows. Among all the agencies the Khyber is the first one which was formed in 1879 followed by Kurram and then North And South Waziristan Agencies respectively.
Agencis Year of formation
Bajour 1973
Mohmand 1951
Khyber 1879
Kurram 1892
Orakzai 1973
North Wazirstan 1896
South Wazirstan 1896
FRs attached to the districts of NWFP, are:
1. FR Peshawar
2. FR Kohat
3. FR Bannu
4. FR D.K.Khan
5. FR Tank
6. FR Lakki
Only orakzai is an agency which has no border with Afghanistan. FRs have border with Agencies and districts.
Background:-
After British annexation Present NWFP in 1849, it followed a closed, door policy in its relations with borderland tribes’ .Non-aggression on the tribal territory and non-interference in internal tribal affairs were declared objectives of this policy.
However, in 19th century a change was witnessed when the concept of Forward Policy” was adopted. The thrust of this policy resulted in permanent occupation of Khyber Pass followed by Gomal Zam and Tochi Valley (1889-90), occupation of samana in 1891 and Kurran Valley in 1892 followed by other annexations. The motive was strategic i-e defending the British Empire from any possible Russian advance by creating a tribal buffer. British were only motivated by strategic considerations and they had no interest in changing the lot of the tribes.
In 1901-the then four districts, Peshawar, Kohat, Bannu and D.I Khan and the then Agencies of Khyber, North and South Waziristan, and Malakand together with FRs managed by Deputy Commissioners were formerly incorporated in NWFP ruled by chief Commissioner as Agent to the Governer-General. The law of 1872 called Frontier crimes Regulation (FCR) enacted in Mianwali and cambellpur (Attock) and some parts of NWFP, was promulgated in NWFP with some amendments.
Since the creation of Pakistan in 1947,three new agencies have been formed from the existing tribal areas, some small scale developmental work in the field of social sector has been done in the early British opened Regions, Quota has been fixed for the educated youth in the professional colleges and in civil services, no other worthwhile developmental measure has been taken to change the plight of the people in FATA. Only those measures have been taken which either helped the bureaucracy or were in the interest of the tribal elites.
Issues and impediments in the way of development in FATA
1. Constitution of 1956.formally abolished FCR in NWFP, but left enforced in the tribal areas.
2. The out-dated Malik system
3. FATA members elected by people of FATA can not legislate for FATA and all the laws passed in the parliament do not apply to FATA.
4. FATA has no representation in provincial assembly.
5. Women and Minority are deprived of representation unlike rest of the country.
6. There is no representation of technocrat for FATA in NA and Senate
7. Absence of local bodies’ election.
8. There are elites who amassed wealth through legal and illegal trade, or those serving or retired bureaucrats who themselves live in cities of the settled districts and avail almost all the modern amenities and privileges on behalf of their tribes, but because of their influence with Govt, Political Parties, Media etc, in general, due to their wealth and position, are opposed to any change in the present status of FATA.
9. Absence of all civil laws
10. Lack of credible monitoring system in FATA.
11. According to constitution of Pakistan 1973, FATA is the part of Pakistan but people of FATA have not been given all rights a civilized person has in a civilized society.
12. Political parties act is not extended to FATA.
13. Publication Act does not exist in FATA there fore no one is entitled to publish a newspaper or a journal in FATA.
14. Political Parties are banned in FATA while extremist religious parties are allowed to do what they want with the people of FATA.
15. There exists a problem of the land settlement in FATA.
16. In the presence of FCR Political Agent is having more power than a king in the past.
17. Supreme Court and High Court have no jurisdiction in FATA.
18. Jirga is said to have been corrupted.
19. Extremism and militancy have reached to the point that more than half of the total population has migrated to comparatively safer places in settled districts of the Province.
20. Economy and business activities are destroyed due to out-dated system and purportedly military ongoing war against terrorists.
21. Education system in FATA has been completely destroyed and the schools especially those of the girls have been either bombed or ruthlessly bulldozed by the so-called terrorists.
22. Girls are not allowed to go to schools without male member of the family. They are frequently threatened to be killed or abducted.
23. Abduction for ransom is on rise.
24. People especially students and girls have become mentally and psychologically patient due to tension and depression. Most of the people are heart patients.
25. Mobility has been badly affected in FATA.
Recommendations:
1. Repeal the Frontier Crimes Regulation (FCR) 1901 in its entirety, replacing it with Pakistan’s Criminal Procedure Code, in accordance with Article 8 of the constitution and internationally accepted human rights standards, including prohibition of collective punishment.
2. Extend full provincial rights to FATA by merging it with NWFP, in turn (will of FATA People is must)
a) Merging all the six FRs with adjacent settled districts.
b) Allocating seats for FATA’s seven tribal agencies in NWFP’s provincial assembly, with constituencies delimited by population, and devised after extensive consultations with stakeholders;
c) Allowing the NWFP Provincial Assembly and the National Assembly of Pakistan to legislate FATA policy;
d) Eliminating the role of Tribal jirgas to hear civil and criminal cases, and establishing civil and criminal courts at the Tehsil and Agency levels, presided over by civil and criminal judges;
e) Allowing defendants the right to legal representation and appeal to higher courts, and extending the jurisdiction of the Peshawar High Court and the Supreme Court to FATA.
f) Abolishing the FATA secretariat, and the office of the political agent, and transferring their authority to the NWFP secretariat, relevant provincial line ministries and district departments.
4. Disband Khassadars (Tribal Police) and levies (Official Tribal Militias) and absorb their members, after requisite training, into the NWFP police force, while strengthening the capacity of civilian law enforcement agencies to maintain law and order in the tribal agencies and the bordering Frontier Regions as well as NWFP’s settled districts.
5. Encourage private investment and economic growth by:
a) Developing the physical structure of the tribal agencies, including viable road networks, farm-to-market roads as well as energy and irrigation projects;
b) Facilitating interest-free loans and removing restrictions on lending to FATA residents;
c) Enabling private asset formation by implementing land reforms to partition collectively owned property and establish legal individual ownership through a transparent process, enforceable by regular courts.
d) Education system in FATA should be given top priority to bring FATA students at par with students of other parts of the country.
6. Afghanistan and Pakistan cordial relation is the base for the peace and Development in FATA. Positive and Constructive steps should be taken by both governments to make the relations cordial and friendly.
7. All NGOs and CSOs should be allowed to work for the social and economic change in FATA.
8. All camps of extremists and militants should be eliminated from FATA.
9. Political Parties act should be extended to FATA and ban on political activities should be lifted.
10. All rights which a civilized human being has should be given to FATA People.
( The writer is the secretary General Tribal Development Forum)
By Zar ali khan musazai
Introduction of FATA:-
The Federally Administered Tribal Areas (FATA) in Pakistan are areas bordering Afghanistan, outside the four provinces, comprising a region of some 27,220 km² (10,507 sq mile. The area has Afghanistan to the north-west, NWFP to the east and Balochistan to the south.
The Tribal Areas comprise seven Agencies, namely Khyber, Kurram, Bajaur, Mohmand , Orakzai, North and South areas of Waziristan and six FRs (Frontier Regions) namely FR Peshawar, FR Kohat, FR Tank, FR Banuu, FR Lakki and FR Dera Ismail Khan. According to Census of Pakistan 1998, its total population is said to be 3.3 million while the intellectual and political circles of FATA critisises it saying that FATA has a population more than 10 million.
FATA is governed by the Frontier Crimes Regulation(FCR) introduced in 1901 under the British Government of India. It is represented both in Pakistan's lower house and in its upper house of parliament. Previously, tribal candidates had no party affiliations and could contest as independents, because the Political Parties Act had not extended to the tribal areas. However, tribesmen were given right to vote in the 1997 general elections despite the absence of a Political Parties Act.
The head of each tribal Agency is the Political Agent. The Political Agent wields extensive powers.The political agents are widely considered corrupt.Each Agency, depending on its size, has about 2 to 3 Assistant Political Agents, about 3 to 4 Tehsildars and 4 to 9 Naib Tehsildars with the requisite supporting staff. Each FR is headed by the DCO . Under his supervision there is one Assistant Political Agent and about 1 or 2 Tehsildars and Naib Tehsildars, as well as supporting staff. Each Agency has roughly 2 to 3 thousand Khasadars and levies and 5 to 9 Wings of FC for maintenance of law and order in the Agency and borders security.
FATA is the most impoverished part of the Pakistan, with a per capita income of only half the national average of $500 in 2008 and only 34% of households managing to rise above poverty level.
The formation of the seven Agencies and six FRs is as follows. Among all the agencies the Khyber is the first one which was formed in 1879 followed by Kurram and then North And South Waziristan Agencies respectively.
Agencis Year of formation
Bajour 1973
Mohmand 1951
Khyber 1879
Kurram 1892
Orakzai 1973
North Wazirstan 1896
South Wazirstan 1896
FRs attached to the districts of NWFP, are:
1. FR Peshawar
2. FR Kohat
3. FR Bannu
4. FR D.K.Khan
5. FR Tank
6. FR Lakki
Only orakzai is an agency which has no border with Afghanistan. FRs have border with Agencies and districts.
Background:-
After British annexation Present NWFP in 1849, it followed a closed, door policy in its relations with borderland tribes’ .Non-aggression on the tribal territory and non-interference in internal tribal affairs were declared objectives of this policy.
However, in 19th century a change was witnessed when the concept of Forward Policy” was adopted. The thrust of this policy resulted in permanent occupation of Khyber Pass followed by Gomal Zam and Tochi Valley (1889-90), occupation of samana in 1891 and Kurran Valley in 1892 followed by other annexations. The motive was strategic i-e defending the British Empire from any possible Russian advance by creating a tribal buffer. British were only motivated by strategic considerations and they had no interest in changing the lot of the tribes.
In 1901-the then four districts, Peshawar, Kohat, Bannu and D.I Khan and the then Agencies of Khyber, North and South Waziristan, and Malakand together with FRs managed by Deputy Commissioners were formerly incorporated in NWFP ruled by chief Commissioner as Agent to the Governer-General. The law of 1872 called Frontier crimes Regulation (FCR) enacted in Mianwali and cambellpur (Attock) and some parts of NWFP, was promulgated in NWFP with some amendments.
Since the creation of Pakistan in 1947,three new agencies have been formed from the existing tribal areas, some small scale developmental work in the field of social sector has been done in the early British opened Regions, Quota has been fixed for the educated youth in the professional colleges and in civil services, no other worthwhile developmental measure has been taken to change the plight of the people in FATA. Only those measures have been taken which either helped the bureaucracy or were in the interest of the tribal elites.
Issues and impediments in the way of development in FATA
1. Constitution of 1956.formally abolished FCR in NWFP, but left enforced in the tribal areas.
2. The out-dated Malik system
3. FATA members elected by people of FATA can not legislate for FATA and all the laws passed in the parliament do not apply to FATA.
4. FATA has no representation in provincial assembly.
5. Women and Minority are deprived of representation unlike rest of the country.
6. There is no representation of technocrat for FATA in NA and Senate
7. Absence of local bodies’ election.
8. There are elites who amassed wealth through legal and illegal trade, or those serving or retired bureaucrats who themselves live in cities of the settled districts and avail almost all the modern amenities and privileges on behalf of their tribes, but because of their influence with Govt, Political Parties, Media etc, in general, due to their wealth and position, are opposed to any change in the present status of FATA.
9. Absence of all civil laws
10. Lack of credible monitoring system in FATA.
11. According to constitution of Pakistan 1973, FATA is the part of Pakistan but people of FATA have not been given all rights a civilized person has in a civilized society.
12. Political parties act is not extended to FATA.
13. Publication Act does not exist in FATA there fore no one is entitled to publish a newspaper or a journal in FATA.
14. Political Parties are banned in FATA while extremist religious parties are allowed to do what they want with the people of FATA.
15. There exists a problem of the land settlement in FATA.
16. In the presence of FCR Political Agent is having more power than a king in the past.
17. Supreme Court and High Court have no jurisdiction in FATA.
18. Jirga is said to have been corrupted.
19. Extremism and militancy have reached to the point that more than half of the total population has migrated to comparatively safer places in settled districts of the Province.
20. Economy and business activities are destroyed due to out-dated system and purportedly military ongoing war against terrorists.
21. Education system in FATA has been completely destroyed and the schools especially those of the girls have been either bombed or ruthlessly bulldozed by the so-called terrorists.
22. Girls are not allowed to go to schools without male member of the family. They are frequently threatened to be killed or abducted.
23. Abduction for ransom is on rise.
24. People especially students and girls have become mentally and psychologically patient due to tension and depression. Most of the people are heart patients.
25. Mobility has been badly affected in FATA.
Recommendations:
1. Repeal the Frontier Crimes Regulation (FCR) 1901 in its entirety, replacing it with Pakistan’s Criminal Procedure Code, in accordance with Article 8 of the constitution and internationally accepted human rights standards, including prohibition of collective punishment.
2. Extend full provincial rights to FATA by merging it with NWFP, in turn (will of FATA People is must)
a) Merging all the six FRs with adjacent settled districts.
b) Allocating seats for FATA’s seven tribal agencies in NWFP’s provincial assembly, with constituencies delimited by population, and devised after extensive consultations with stakeholders;
c) Allowing the NWFP Provincial Assembly and the National Assembly of Pakistan to legislate FATA policy;
d) Eliminating the role of Tribal jirgas to hear civil and criminal cases, and establishing civil and criminal courts at the Tehsil and Agency levels, presided over by civil and criminal judges;
e) Allowing defendants the right to legal representation and appeal to higher courts, and extending the jurisdiction of the Peshawar High Court and the Supreme Court to FATA.
f) Abolishing the FATA secretariat, and the office of the political agent, and transferring their authority to the NWFP secretariat, relevant provincial line ministries and district departments.
4. Disband Khassadars (Tribal Police) and levies (Official Tribal Militias) and absorb their members, after requisite training, into the NWFP police force, while strengthening the capacity of civilian law enforcement agencies to maintain law and order in the tribal agencies and the bordering Frontier Regions as well as NWFP’s settled districts.
5. Encourage private investment and economic growth by:
a) Developing the physical structure of the tribal agencies, including viable road networks, farm-to-market roads as well as energy and irrigation projects;
b) Facilitating interest-free loans and removing restrictions on lending to FATA residents;
c) Enabling private asset formation by implementing land reforms to partition collectively owned property and establish legal individual ownership through a transparent process, enforceable by regular courts.
d) Education system in FATA should be given top priority to bring FATA students at par with students of other parts of the country.
6. Afghanistan and Pakistan cordial relation is the base for the peace and Development in FATA. Positive and Constructive steps should be taken by both governments to make the relations cordial and friendly.
7. All NGOs and CSOs should be allowed to work for the social and economic change in FATA.
8. All camps of extremists and militants should be eliminated from FATA.
9. Political Parties act should be extended to FATA and ban on political activities should be lifted.
10. All rights which a civilized human being has should be given to FATA People.
( The writer is the secretary General Tribal Development Forum)
Wednesday, January 13, 2010
Call for bringing FATA into National Mainstream
Call for bringing FATA into National Mainstream ( Daily Dawn, May 26, 2009)
No amount of "state-imposed development" can be acceptable unless peace is restored in tribal areas, speakers at a conference on Fata development said on Monday. The conference on "Development in Fata: Opportunities and Challenges" was attended by parliamentarians from Fata, members of NGOs, academia, and political workers.
They called for the revival of the local government system, extending the country's legal system to tribal areas, bringing Fata tribes into the national mainstream, providing them full representation in all government organisations, repeal of the Frontier Crimes Regulations (FCR) and extending the Political Parties Act over tribal areas. They also called for immediate halt to US drone attacks which was resulting in an increase of anti-US sentiments and fanning terrorism and militancy. Some participants even advocated bringing Fata under the purview of the high court and ending the arbitrary role of the political agent. One participant said there was no sign of Al Qaeda presence in tribal areas and drone attacks had made no difference. "Islamabad needs to discontinue the policy pursued by the British in Federally Administered Tribal Areas, Federally Administered Northern Areas and Azad Kashmir if it wants to change the country's political environment. The current political strategy in Fata region has proven to be an ad hoc arrangement," they observed. "Bureaucracy eats up almost 60 per cent of development funds, while the remaining 40 per cent is misappropriated and mismanaged by local politicians and administrators," claimed Noor Mohammad, a tribal activist. MNA Engineer Shaukatullah said that the FCR was not a divine law which could not be changed. Terming the proposed reforms in the tribal administrative system secondary, he said peace needed to be restored before everything else. According to Asadur Rahman, a member of an NGO, Fata should initiate a campaign for equal constitutional rights under a new social contract a need being stressed by some mainstream political parties. Fifty per cent of youths fighting for militant groups hailed from southern Punjab, 40 per cent belonged to the NWFP, nine per cent from Sindh and one per cent from Balochistan, Mr Asad said, citing a study carried out by an NGO. Criticising US policy, Aisha Gullalay of the Pakistan People's Party (PPP) accused the US of creating an upheaval in the region and said it was the duty of western powers to immediately rectify the situation.Noor Mohammad of the Khyber Agency said tribesmen should be allowed to decide whether they wanted to make Fata a separate province or merge it with the NWFP. Mukarram Khan Atif, a journalist from Mohmand Agency, said that government policies and militants� course of action had devastated the region. Other speakers included Tahira Abdullah, Qamarunissa, Asad Afridi, Nizam Dawar, Dr Zia Dawar and Zahir Shah.
No amount of "state-imposed development" can be acceptable unless peace is restored in tribal areas, speakers at a conference on Fata development said on Monday. The conference on "Development in Fata: Opportunities and Challenges" was attended by parliamentarians from Fata, members of NGOs, academia, and political workers.
They called for the revival of the local government system, extending the country's legal system to tribal areas, bringing Fata tribes into the national mainstream, providing them full representation in all government organisations, repeal of the Frontier Crimes Regulations (FCR) and extending the Political Parties Act over tribal areas. They also called for immediate halt to US drone attacks which was resulting in an increase of anti-US sentiments and fanning terrorism and militancy. Some participants even advocated bringing Fata under the purview of the high court and ending the arbitrary role of the political agent. One participant said there was no sign of Al Qaeda presence in tribal areas and drone attacks had made no difference. "Islamabad needs to discontinue the policy pursued by the British in Federally Administered Tribal Areas, Federally Administered Northern Areas and Azad Kashmir if it wants to change the country's political environment. The current political strategy in Fata region has proven to be an ad hoc arrangement," they observed. "Bureaucracy eats up almost 60 per cent of development funds, while the remaining 40 per cent is misappropriated and mismanaged by local politicians and administrators," claimed Noor Mohammad, a tribal activist. MNA Engineer Shaukatullah said that the FCR was not a divine law which could not be changed. Terming the proposed reforms in the tribal administrative system secondary, he said peace needed to be restored before everything else. According to Asadur Rahman, a member of an NGO, Fata should initiate a campaign for equal constitutional rights under a new social contract a need being stressed by some mainstream political parties. Fifty per cent of youths fighting for militant groups hailed from southern Punjab, 40 per cent belonged to the NWFP, nine per cent from Sindh and one per cent from Balochistan, Mr Asad said, citing a study carried out by an NGO. Criticising US policy, Aisha Gullalay of the Pakistan People's Party (PPP) accused the US of creating an upheaval in the region and said it was the duty of western powers to immediately rectify the situation.Noor Mohammad of the Khyber Agency said tribesmen should be allowed to decide whether they wanted to make Fata a separate province or merge it with the NWFP. Mukarram Khan Atif, a journalist from Mohmand Agency, said that government policies and militants� course of action had devastated the region. Other speakers included Tahira Abdullah, Qamarunissa, Asad Afridi, Nizam Dawar, Dr Zia Dawar and Zahir Shah.
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