Since the day Pakistan was founded, the Federally Administrative Tribal Areas (FATA) have always remained under discussion. Unfortunately the people off FATA haven’t been given their due rights by any of Pakistan’s governments.
The most interesting things is that there is a perception in the country, particularly in Punjab that the people of FATA have never accepted Pakistan’s constitution or legal norms and that they prefer to live life according to their medieval tribal norms. However this is not true and there is no evidence in this regard.
The truth is that the constitution has never been fully extended to the area. Twelve members of the National Assembly (NA) from are elected from FATA on the basis of an adult franchise. Unfortunately, they cannot legislate for the tribal people.
There are also eight senators from FATA in the Senate of Pakistan and they have the same position as these twelve NA members.
FATA is still being ruled by the British era Frontier Crime Regulations (FCR) of 1901. The regulations openly violate the fundamental rights of the tribal people. Three basic rights are not applicable to the residents of FATA. These are: the right to appeal, the right to legal representation and the right to legal defence. Similarly there are other articles in the FCR which violate the fundamental rights of the citizens of that area
According to articles one and two of the constitution of 1973, FATA is a part of Pakistan. However, according to articles 51, 59 and 247 it comes under the direct jurisdiction of the president.
Articles 8 to 28 of the 1973 constitution deal with the fundamental rights of the citizens of the Pakistan. If any of these rights are violated, then the judiciary will protect it from violation. However, it is very strange that despite being the citizens of the country, the people of FATA are deprived from all these fundamental rights which is the violation of articles 8 to 28 of the constitution.
FATA is still being ruled by the British made Frontier Crime Regulations (FCR) of 1901, which openly violates the fundamental rights of the tribal people. The law states that three basic rights are not applicable to the residents of FATA. The right to appeal, the right to legal representation and the right to legal defence. Similarly there are other articles in the FCR which violate the fundamental rights of the citizens of that area.
Clause 21 of the FCR allows for collective punishment on a tribe or family. Similarly under section 22 and 23of the FCR, a fine can be imposed on the entire tribe or family for the crime of a single person. Khyber Pakhtunkhwa (KP) and Balochistan high courts call the FCR illegal yet these laws remain enforced in the area. In the past, several committees were made in different governments to make some reforms in the FCR but all these attempts have failed. Recently, the former Prime Minister (PM) Nawaz Sharif formed a five member committee which is headed by his advisor on Foreign Affairs Minister Sartaj Aziz for finalizing reforms in FATA. Two months on, nothing has been achieved.
Whatever the demands of the people of FATA and whatever comes from the report of the FATA reforms committee, presently we should amend article 247(7) of the constitution and extended the jurisdiction of the courts to FATA.
In this regard, recently Pakistan Peoples Party senator Farhatullah Babar, moved a bill in the senate for the extension of the jurisdiction of courts to FATA.
According to the preamble of the bill, the tribal areas are not a part of the country. Its people are entitled to equal protection of rights by the constitution, however, it very strange that they are deprived from those fundamental rights which the others citizens have.
It is clear that if the jurisdictions of courts are extended to the areas then automatically all the articles of the FCR, which violate the fundamental rights of the tribal people will be challenged in the courts and be abolished at one time. In this regard with the passage of time, the FCR will be abolished and FATA will get constitutional status. I sincerely hope that the government will take some positive steps in this regard and will rid FATA’s people of the brutal FCR laws.
The writer hails from South Waziristan Agency Fata and graduated in social sciences from Government College University Lahore, he can be contacted at rafimahsud704@yahoo.com
Published in Daily Times, October 12th 2017.
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