A Brief Introduction
The Federally Administrative Tribal Areas (FATA) is located in the North-Western part of Pakistan. It consists of seven tribal agencies and six frontier regions. After independence, different governments of Pakistan tried to merge it with Khyber Pakhtunkhwa (KPK) but due to administrative and legal issues they remained unsuccessful. On March 2, 2017 the federal cabinet approved the merger of KPK and FATA.
Presently, public outrage can be witnessed as the majority of political parties including Pakistan Tehreek-e-Insaaf and Awami National Party demand an early merger. However, the government is delaying it, probably because it’s allies from FATA (including JUI-F) oppose the merger; although the majority of tribal leaders are in support of the merger and are protesting along with the aforementioned political parties in Islamabad. So, here we are-sharing some historical facts related to the KPK – FATA merger which will help you understand this matter more clearly:
1) Fata is directly administrated by a federal government
The governor of KPK administrates the tribal areas on behalf of the President of Pakistan. According to the constitution of Pakistan, the Governor of KPK appoints administrative heads of each tribe known as ‘Political Agents’. He is also considered to be a representative of the ‘President of Pakistan’.
2) During the British rule, tribal areas were administrated through a law known as FCR
The FCR (frontier crimes regulations) is still in-practice in FATA although certain amendments have been made to it.
3) According to FCR, Parliament of Pakistan cannot play any role in the affairs of FATA
Despite having it’s representatives in National Assembly, the above stands true. Only the President of Pakistan can interfere in any decision or constitutional amendment. Except the President, no one can interfere in FATA’s affairs.
4) A Committee formulated by the government to resolve KPK / FATA matters suggest abrogation of FCR and replacing it with “Tribal Areas Riwaj Act”
According to this act, as per ‘ riwaj’ a Jirga will hear all criminal and Civil Cases but it will be appointed by the Judge, not by a political agent. In this way, tribes will remain integrated with their riwaj but will be under the jurisdiction of courts.
5) Jurisdiction of Pakistan’s Supreme Court is null and void and non-implementable in Frontier Areas till now, as per article 247 and 248 of Pakistan’s constitution.
6) It consists of two types of areas which include seven tribal agencies and six frontier areas which are as follows:
Agencies:
- Bajaur Agency
- Mohmand Agency
- Khyber Agency
- Orakzai Agency
- Kurram Agency
- North Waziristan Agency
- South Waziristan Agency.
Frontier Regions will include:
- Frontier region peshawar.
- Frontier region Kohat.
- Frontier region Bannu.
- Frontier region Lakki marwat.
- Frontier region Tank
- Frontier region Dera Ismael Khan.
6) FATA still operates under Jirga system
The Judiciary System of FATA is quite different from the other provinces of Pakistan. As stated earlier, the people do not have access to courts so the jirga system is considered as a replacement. Representatives of Tribes decide the fate of people and their decisions are considered irreversible until the president himself intervenes and requests them to revise their decision. One of the fundamental purposes of merging FATA with KPK, is to monitor the jigra’s decision’s under the jurisdiction of courts.
The Present Situation
During the recent meeting related to the KPK – FATA merger,a consensus was developed between all stakeholders on a three point agenda:
- Merger of Fata with KPK
- Extension of Peshawar High Court’s jurisdiction in FATA
- FATA member’s representation in the KPK provincial assembly.
Pakistan is a democratic nation and every individual of this country should have equal rights. Unfortunately, since the independence of Pakistan, the people of FATA have remained politically undermined without proper democratic rights and infrastructural development. Now is the time to implement this historic decision without any further delay and let the people of FATA come out in the mainstream politics of Pakistan. Not only will the merger provide political and legal rights to FATA’s people but it will also elevate the developmental scale in the agencies and frontier areas. Political representatives will have access to the provincial assembly where they can raise the voice for infrastructural development, literacy issues, health care concerns etc. It is high time the government implemented this merger. The people of FATA have suffered enough.