According to the articles one and two of the Constitution of 1973, Federally Administrated Tribal Areas (FATA) is a part of Pakistan. However, according to the articles 51, 59 and 247 FATA comes under the direct executive of the president. The Frontier Crimes Regulations (FCR) were enacted in some parts of the then Northwest Frontier Province (now Khyber-Pakhtunkhwa), Balochistan and FATA by the British raj in 1901 for their own protection. In 1947, when Pakistan came on the world map, the FCR were a great challenge for the then Pakistani government. In the constitutions of 1956 and 1973, the FCR was removed from parts of the Khyber Pakhtunkhwa and Balochistan. The people of FATA, however, are still subjected to this draconian law. The FCR are a complete violation of universal human rights and contradict the Constitution of 1973.
The FCR state that three basic rights are not applicable to the residents of FATA: citizens are deprived of appeal, wakeel and daleel (respectively, the right to appeal detention, the right to legal representation, and the right to present reasoned evidence). The Universal Declaration of Human Rights, proclaimed by the United Nations General Assembly in Paris on December 10 1948 was to serve as the common standard for all peoples and nations. It set out, for the first time, fundamental human rights to be universally protected, particularly in Articles 9 and 10. Similarly, Articles 8-28 of the Constitution of 1973 deal with fundamental rights of the citizens of Pakistan. If any of these rights are violated, then the judiciary is to provide protection.
An example of the unjust FCR laws is Clause 21 that deals with collective punishment, and similarly, under Sections 22 and 23 of the FCR, a fine is imposed on the entire tribe or family for the crime of a single person. A few days ago two soldiers were killed in a roadside blast in Kottkai area of the South Waziristan agency of FATA. Under territorial responsibility, Clause 21 of the FCR, security forces and political administration of South Waziristan agency arrested more than 200 innocent people and sealed their properties. Many of these had recently returned to their homes after being displaced during the military operation in FATA. There are many such cases in tribal areas where the local people are treated inhumanely. This incident shows that the FCR are nothing but a defilement of fundamental human rights.
In 1979, the Balochistan High Court held that the FCR is “discriminatory and un-Islamic.” On 29th July 2002, the Lahore High Court ruled that the FCR had ceased to exist following the Balochistan High Court judgment, and hence detention under the FCR is “illegal.” In the past several committees were made in different governments to make some reforms in the FCR, but all failed to make any real change in the FCR. Recently, Prime Minister Nawaz Sharif formed a five-member committee, headed by his advisor on foreign affairs, Sartaj Aziz, for finalising reforms in FATA, but after more than five months the committee has not reached any conclusion. This also shows that the incumbent government of the Pakistan Muslim League-Nawaz is not sincere to make any reforms in the black law of the FCR.
Whatever the demand of the people of FATA is, and what the reports of FATA reforms committee may come up with, presently, the article 247 (7) of the constitution should be amended, and jurisdiction of courts extended to FATA. The people of FATA have been raising their voice against this draconian law, but our politicians are not paying attention to this important issue, especially when it comes to responsibility towards the people of FATA. It is clear that if the jurisdiction of courts is extended to the areas then automatically all articles of the FCR that violate the fundamental rights of the tribal people would be challenged in courts, and would be abolished at some point. In this regard, with the passage of time, the entire FCR would be abolished, and FATA would get its constitutional status.
For quite some time, FATA is under the siege of militancy and terrorism, and poverty and illiteracy are some of the main causes of these menaces. It would not be wrong that peace could not be ensured in FATA without abolishing the FCR, which is also the contravention of the constitution of 1973. There is dire need for political, legal and administrative reforms by abolishing colonial-era laws so that people of FATA become equal citizens of Pakistan like the rest of their compatriots.
I am Rafi uddin Mehsud graduated from GC University in social sciences and a member of Pildat Youth Parliament Pakistan