Landmark moment for FATA reforms

Author: Nazia Jabeen

Islamabad has finally developed a narrative for the better future of FATA that was long overdue. The people of Federally Administered Tribal Areas have always been looking up for a paradigm shift from decades old draconian laws for democratic participation in the centre.

?The common sense prevailing about these regions have always been that they are a part of Pakistan, but the Government does not exercise any control over these tribal areas. These areas have their own system and the rule of law that does not come in the ambit of the rule of law followed in rest of Pakistan. Pakistan has paid a heavy price for not integrating the region into the mainstream. The tribal system of FATA is the legacy of British colonial rule in the subcontinent. These areas have never been politically or administratively combined with rest of the country since the British pulled out in 1947. Resultantly they always popped up as a flashpoint of terrorism and militancy and were victimised by foreign aggression in the form of drone attacks.

Historically speaking, in the 19th century, FATA had been a battleground for the imperial powers to play their own great game. That was a period of imperial domination in international system and British played their game triumphantly to subjugate the colonies and rule over them. By following the policy of “divide and rule”, they ruled over the subcontinent for a long period. After seven decades of throwing away the British rule, Pakistan formed three constitutions; but none of the Constitutions brought tribal areas into the mainstream. Pakistan’s constitution of 1973 allowed the tribal areas to retain their semi-autonomous status based on tribal codes and traditional institutions. The people of tribal areas are still suffering due to the Jirga system. The social system developed under tribal chiefs and Maliks is utterly unjust and stagnant. Respect for public opinion, education, economic prosperity, employment, utilisation of natural resources, and above all, security are the words only related to the dream world.

The reason FCR still exists is that a motivational aspect that could stimulate people to harness their potential and bring any change has been absent. However, there had been efforts by successive governments of Pakistan to break the monopoly of tribal chiefs and clerics but that only proved sandcastles. Few reforms were introduced as introduction of adult Franchise system in 1996, local bodies system in 2002 and administrative reforms in 2006, but to no avail.

Somehow, the incumbent government deliberated to breed change into the tribal areas that always served as a buffer zone against foreign aggression. These considerations are not merely to introduce reforms in the existing system but an extraordinary attempt to integrate and develop it at par with the rest of Pakistan. The merger of FATA into KPK is, no doubt, the sole option to bring it into the mainstream of Pakistan and is the only way to fill the vacuum that allowed militancy and lawlessness to perpetuate. It will also end the sense of alienation among the tribes and enhance political participation absent since partition in 1947.

However, the alignment of FATA with KPK carries a lot of challenges. First of all, the demarcation of international boundary with Afghanistan after extending the provincial body, development of consensus among provinces to allocate three percent of the divisible pool to finance 10-year development plan of FATA, and the abolition of FCR and Tribal Jirgas should be ensured. As in the words of Theodore Roosevelt, “Every reform movement has a lunatic fringe.” Therefore, resistance would be there but the voice of resistance would have to be silenced through logical and positive arguments. Though the Committee on FATA reforms met with Jirgas of tribal elders, Malik representatives of political parties, civil society, traders and journalists, but to make it more representative, common people should be added to the strategy. As discerned by the motive of government, the primary objective of these reforms is a much-needed improvement in the lives of the people of FATA, so their inclusion in the whole process of reforms is much needed.

As far as the question of referendum on the future of FATA is concerned, I would like to quote Alex Merritt, “If the surprise outcome of the recent UK referendum on whether to leave or remain in the European Union teaches us anything it is that supposedly worthy displays of democracy in action can actually do more harm than good. Witness a nation none more divided, an intergenerational schism in the making; both a governing and opposition party torn to shreds from the inside; infinitely more complex issues raised them satisfactory salvations provided.” It begs the question “was it nearly all worth it”. So, the idea of a referendum is out of the question as it has never been a good experience for Pakistan too.

What is recommended at the current stage of events is to shake up the system of British colonial era to resist the wrong and to assist the right. The basic fabric of FATA can be repaired only if we are firm in our intentions and consistent in our actions.

The writer is a free- lance contributor and can be reached at nazeea.jabeen@yahoo.com

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