fata reforms news update (nov 2013-feb 2014)
DESCRIPTION
The FATA Reforms news update below is a 36-page document containing a selection of opinion and news articles regarding recommendations for further reforms in Pakistan's Federally Administered Tribal Areas (FATA). The summary document contains articles from November 2013 to February 2014. The reforms priorities in the document include abolishing the Frontier Crimes Regulation (FCR), many calls for extending a local government system to FATA, amending Article 247 of the Constitution of Pakistan, competing calls for future FATA status, commentary on development in FATA, calls for greater transparency in the tribal areas and others.TRANSCRIPT
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FATA Reforms News Summary November 2013 - February 2014
TABLE OF CONTENTS
FATA Status .............................................................................................................................. 3
SAFRON minister wants more power for FATA MNAs ...................................................................... 3
FATA MPs divided on SAFRON call for de facto province status ....................................................... 3
President announces new cell for FATA problems ............................................................................... 4
Khyber Union demands elected FATA Council ................................................................................... 4
Justice for FATA ....................................................................................................................... 5
Governor for strengthening FATA Tribunal ......................................................................................... 5
Governor okays steps to streamline FATA justice system .................................................................... 5
Training arranged for FATA judicial officers ....................................................................................... 6
FATA sceptical of new judicial agents ................................................................................................. 7
High Court warns against ignoring FATA rights .................................................................................. 8
High Court debates extending authority to FATA ................................................................................ 8
PPP leader Babar Awan seeks extension of court jurisdiction to FATA ............................................... 9
Time for reform in FATA justice system .............................................................................................. 9
FATA demands extension of court jurisdiction .................................................................................... 9
MNAs to table resolution for extension of superior courts to FATA .................................................. 10
Senate told Citizenship Act does not apply to FATA ......................................................................... 11
High Court reserves judgment on Federal Investigation Agency jurisdiction in FATA ...................... 12
Journalists condemn abuse by FATA officials ................................................................................... 12
Mainstreaming FATA .............................................................................................................. 13
Pakistani political parties aim to bring FATA into mainstream .......................................................... 13
Government to bring FATA into mainstream ..................................................................................... 14
Agency level political parties unite for FATA reforms ...................................................................... 15
FATA parties work together for peace and reforms ............................................................................ 15
Article 247 ............................................................................................................................... 16
Youth call for extending constitutional rights to FATA ..................................................................... 16
Senators want FATA people accorded legislative rights .................................................................... 16
Political parties stress restructuring of FATA ..................................................................................... 17
Citizen petition to abolish FCR and extend constitution ..................................................................... 18
CGPA demands abolition of Article 247 ............................................................................................ 19
Amend Article 247 to provide basic rights to tribesmen ..................................................................... 19
Parties and lawyers denounce FATA rights violations ....................................................................... 20
Protection of fundamental human rights demanded in FATA ............................................................. 20
Tribal jirga demands reforms for sustainable peace ............................................................................ 21
Provision of basic rights for FATA people demanded ........................................................................ 21
2
Local Bodies for FATA ........................................................................................................... 22
FATA left out as provinces plan local elections ................................................................................. 22
Government asked to announce schedule for local bodies polls in FATA .......................................... 22
Experts demand local elections in Pakistan tribal areas ...................................................................... 23
Governor says local elections to bring positive change in FATA ....................................................... 23
Sherpao for local bodies polls in FATA ............................................................................................. 24
FATA parties alliance demands local bodies elections ....................................................................... 24
FATA political parties demand local elections ................................................................................... 24
Bajaur Alliance to move court for local government in FATA ........................................................... 25
Jirga urges government to hold local elections in FATA .................................................................... 25
Tribal parties urge government to hold local elections in FATA ........................................................ 25
FATA Democratic Movement demands local elections ...................................................................... 26
Development ........................................................................................................................... 26
President says Pakistan development linked with FATA uplift .......................................................... 27
Increase in educational expenditure fails to boost female literacy in FATA ....................................... 27
Public representation in monitoring FATA development ................................................................... 28
New ban on NGO registration violates constitution ........................................................................... 28
Officials stress judicious spending on FATA ..................................................................................... 29
Proposed FATA youth policy in conflict with ground reality ............................................................. 29
Frontier Crimes Regulation (FCR) ......................................................................................... 30
Governor wants seminar to propose FCR changes ............................................................................. 31
FATA students arrested under FCR .................................................................................................... 31
FCR amendments urged for betterment of tribal people ..................................................................... 32
Civil society and tribesmen call for FCR abolishment ........................................................................ 33
Seminar calls FCR main hurdle in FATA development...................................................................... 33
FATA political parties demand repeal of Frontier Crimes Regulation................................................ 34
Right to Information ................................................................................................................ 34
Legal problem stops right to information law for FATA .................................................................... 35
Journalists demand right to information in FATA .............................................................................. 35
Coalition demands Right to Information Law for FATA .................................................................... 36
3
FATA Status
SAFRON minister wants more power for
FATA MNAs
“We are thinking of designating legislative and
administrative powers to the tribal parliamentarians
to enable them to govern FATA according to the
wishes of local people.”
BARA: Federal Minister for States and Frontier
Regions (SAFRON) Lieutenant General (r) Abdul
Qadir Baloch has said unlike elected
representative from the rest of the country, tribal
parliamentarians have no institutionalised role in
legislation and budget preparation for FATA,
saying they should have big say in running the
affairs of the tribal region.
“We are thinking of designating legislative and
administrative powers to the tribal parliamentarians
to enable them to govern Fata according to the
wishes of local people,” he said while talking to
media persons during his visit to Shakas Levies
Centre at the Jamrud in the Khyber Agency on
Wednesday.
Without referring to the formation of a province or
council, the minister said, “We want the elected
representatives of FATA to exercise the same
powers as enjoyed by their fellow parliamentarians
from across the country and a proposal for their
empowerment would be sent to the Prime Minister
Nawaz Sharif very soon.”
The minister said negotiations and terror activities
could not go side by side, saying militants should
observe a ceasefire for making environment
conducive for the peace talks. He said peace
parleys had been started with all groups
associated with Tehrik-e-Taliban Pakistan (TTP) in
Fata as well as in Khyber Agency. He said peace
would be restored by using all means and Bara
Bazaar reopen for commercial activities soon.
As incentives, the minister announced to award
100 lungis or perks to the tribal elders of Khyber
Agency. The Safron minister was accompanied by
Members of National Assembly Haji Nasir Khan,
Shaji Gul, Senator Haji Khan, tribal maliks,
Additional Secretary Fata Arbab Muhammad Arif,
Acting Secretary Safron Tariq Hayat, Khyber
Agency Political Agent Shahab Ali Shah and
others.
Earlier, the FATA officials briefed Abdul Qadir
Baloch about the upgrading plan of Shakas Levis
Center which would cost Rs 158 million.
Funded by Anti-Narcotics Section of the US
embassy and Government of Pakistan, the officials
said the centre would be used for the initial
trainings of Levies recruits from Khyber Agency,
Frontier Regions Peshawar and Kohat. The FATA
officials said the centre would also be used for
imparting specialised training to Levies recruits
from all the tribal agencies. They said one Levies
training centre would be established in each
agency of the Fata which would cost Rs 281
million.
Later, the federal minister also called on Governor
Shaukatullah at the Governor’s House Peshawar
and discussed with him law and order situation in
Fata. The governor said rehabilitation of internally
displaced persons (IDPs) is a challenging task and
the government is trying its level best to
accomplish it. The minister was also briefed on the
law and order situation in Fata while performance
of the Fata Secretariat about development work
was also reviewed.
Source: http://www.thenews.com.pk/Todays-News-
7-233823-Minister-favours-more-say-for-Fata-MPs-
in-governance
FATA MPs divided on SAFRON call for
de facto province status
SHABQADAR: Parliamentarians from the Federally
Administered Tribal Areas (Fata) have expressed
mixed reaction to the SAFRON minister’s
suggestion that Fata should be made a de facto
province.
Ministry of States and Frontier Regions (SAFRON)
Minister Lieutenant General (retd) Abdul Qadir
Baloch told media on Friday in Islamabad that in a
meeting of the National Assembly’s standing
committee on SAFRON he suggested that FATA
be made a de facto province just like Gilgit-
Baltistan (G-B).
According to Baloch, the move will enable
parliamentarians from Fata to have a greater role
in development projects in the region.
The chairman of the standing committee on
SAFRON, Senator Saleh Shah, who hails from
South Waziristan, told The Express Tribune he
would be in favour of any such move. “It would not
be difficult to implement the suggestion because
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12 parliamentarians from Fata are in the lower
house and eight are in the upper house,” he said.
The senator added under the Frontier Crimes
Regulation, the Constitution of Pakistan does not
extend to Fata and no act can be implemented in
the region without the prior permission of the
President of Pakistan. “Until this hurdle is removed,
the problems of Fata cannot be resolved,” said
Shah.
MNA Jamaluddin of Jamiat UIema-e-Islam-Fazl,
however, said he was not in support of Baloch’s
suggestion because according to him, Fata needs
peace to be restored before other issues can be
addressed. He was also of the opinion that
parliamentarians from Fata have no role in
development projects and there are no checks on
them, nor are they made accountable.
Ijaz Mohmand of the FATA Lawyers Forum said
instead of making FATA a de facto province it
should be merged with Khyber-Pakhtunkhwa as
the provincial assembly had adopted a resolution
in May 2012 regarding the matter.
“Leaders from Fata should be given the right to
make their own laws,” said Mohmand.
By Mureeb Mohmand
Source: http://tribune.com.pk/story/671872/de-
facto-province-status-fata-mps-divided-over-
safron-ministers-statements/
President announces new cell for FATA
problems
President Mamnoon Hussain on Saturday
announced to set up a cell at Aiwan-e-Sadr
Islamabad to coordinate with government
departments to resolve problems of Tribal Areas.
He stated while addressing a grand tribal jirga in
Peshawar. The President lauded the sacrifices
rendered by security forces and the people of
FATA in the war against terrorism. He issued
directives to the Finance Division to release one
hundred million rupees each for Shuhda package
and for rehabilitation of FATA IDPs at the earliest.
He assured the tribal elders that allocated budget
for development of FATA will not be curtailed.
Responding to demands presented by Khyber
Pakhtunkhwa Governor Engineer Shaukatullah‚ the
President announced giving natural gas facility to
the FATA and all Frontier Regions and directed the
SNGPL authorities to evolve a comprehensive
strategy in this regard.
The President also directed the OPF authorities to
establish quality educational institutions in all the
tribal agencies and said that in first phase these
institutions will be established in Bajaur‚ Kurram
and Khyber agencies.
He also ordered for launching of housing project
for the people of FATA through OPF and release of
required funds for the establishment of already
approved grid stations at Khaar and Jamrud.
Similarly‚ the President announced a main general
hospital in FATA‚ provision of skilled training to 300
youths‚ awarding scholarship to 10 students in four
federal universities. Earlier‚ in his welcome
address‚ Khyber Pakhtunkhwa Governor Engineer
Shaukatullah said that 18.5 billion rupees have
been allocated in current FATA ADP for socio-
economic uplift of the area.
He said that return of IDPs belonging to South‚
North Waziristan‚ Kurram and Bara Khyber Agency
to their native areas is in progress. He said that the
government has taken for setting of university‚
medical college and IT university in FATA besides
a cadet college in each tribal agency.
Source: http://www.nation.com.pk/national/11-Jan-
2014/president-announces-to-set-up-a-cell-in-
islamabad-for-addressing-fata-problems
Khyber Union demands elected FATA
Council
“We want that Article 247 should be amended in
such a manner that the President will have to seek
consent of an elected FATA Council.”
LANDI KOTAL: A jirga of Kukikhel elders in Jamrud
on Monday refused to assist the security forces in
apprehending a militant commander.
The jirga was held at the hujra of Malik Attaullah
Jan Kukikhel after Commandant Khyber Rifles Col
Mansur Janjua asked the tribe to help the security
forces in arresting Taliban commander Ababeel.
Meanwhile, Khyber Union, a Bara-based political
organisation, has opposed the repeal of Article 247
of Constitution and demanded formation of an
elected council to recommend any change in the
existing status of Federally Administered Tribal
Areas (FATA).
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Responding to the demand put forward by FATA
Siyasi Etihad regarding repeal of Article 247 and
empowering the parliament to enact and amend
laws for FATA, Khyber Union in its meeting on
Monday cautioned that any such step would
jeopardise the present status of FATA as tribal
jirga would lose its credibility.
FATA Siyasi Etihad, a conglomerate of eight
mainstream political parties, had on Sunday
lamented that FATA parliamentarians in National
Assembly and Senate were not empowered to
enact any law for the tribal areas.
“We want that Article 247 should be amended in
such a manner that the President will have to seek
consent of an elected FATA Council alongside a
representative jirga of tribal elders for bringing
about any change in the existing system in FATA,”
Hamidullah Jan Afridi, a former MNA from Bara,
told the meeting.
He said that most of the laws enacted for the tribal
areas were proposed by non-tribal members, who
had little or no knowledge of tribal areas.
“We want the elected FATA Council and tribal
elders to recommend changes in our laws to the
President under the amended Article 247,” Mr
Afridi said.
Bazaar Gul Afridi, chairman of KU, said that no
political party was sincere in addressing the
problems faced by tribal people.
The KU leader said that political leaders were
interested in promoting their own party manifestoes
rather than addressing issues of FATA.
Ikramullah Jan Kokikhel said that FATA should be
awarded status of a separate province and it
should be given full authority and control over its
resources.
The meeting demanded of the federal government
to hold local bodies’ elections in FATA and
implement FCR reforms.
By Ibrahim Shinwari
Source: http://dawn.com/news/1076024/kukikhels-
refuse-to-help-forces-in-capturing-militant
Justice for FATA
Governor for strengthening FATA
Tribunal
PESHAWAR: Khyber Pakhtunkhwa Governor Eng
Shaukatullah has said that only authoritative FATA
Tribunal with effective rule can provide justice to
tribal people.
He said that prompt steps would be taken to
empower FATA Tribunal for expeditious justice. He
added that the credibility of ineffective institutions
became a question mark.
The governor said that all the relevant authorities
should play effective role and adopt austerity
measures to strengthen and empower FATA
Tribunal so that tribal people could get timely
justice.
He was chairing a meeting regarding the reforms
and amendments in Frontier Crimes Regulation
(FCR) at Governor’s House here on Thursday, said
a handout.
The governor was briefed by the officials of FATA
Secretariat. Besides FATA Law and Order
Secretary Jamal Nasir, AI&C Secretary Syed
Ameerud Din, Additional Secretary Ahmad Khan,
FATA Tribunal Chairman Shah Wali Khan and
Additional Secretary to Governor Mohamamd
Dawood, other officials also attended the meeting.
The governor was also briefed on possible
amendments in FCR while performance of FATA
Tribunal was also reviewed in the meeting.
The officials informed the governor that FATA
Tribunal was not facilitated and provided financial
assistance since its inception and it was also
facing impediments and constraints in its way of
smooth working for the betterment of tribal people.
The governor was told that lack of funds, staff and
proper infrastructure badly affected the
performance of the tribunal.
Source:
http://www.dawn.com/news/1085478/governor-for-
strengthening-fata-tribunal
Governor okays steps to streamline FATA
justice system
PESHAWAR: Khyber Pakhtunkhwa Governor
Engineer Shaukatullah on Monday approved concrete
measures to streamline the judicial system in the
6
Tribal Areas, protect the basic rights of the tribesmen
and ensure redress of their grievances within the
shortest possible time.
To make this possible, the governor sanctioned
creation of a new post of assistant political agent
(judicial) in each Tehsil, and ordered immediate
measures for constitution of a team of 10 to 20 Levy
personnel in each tribal agency for provision of
forensic training.
Presiding over a meeting at the Governor’s House,
the governor said that solid measures were must for
making the reforms process in FATA visible and
practicable.
“All officers of the level of assistant political agent
should be well-versed in the FCR law, and for this
purpose, a crash training programme should also be
launched,” he said.
Indeed, the government had already adopted some
useful measures to protect the basic rights of the
people of FATA, address their issues through the
reforms process, Shaukatullah said, and noted that
due to the lack of administrative support, difficulties
were being faced in realising the desired objectives.
Meanwhile, the elders of Mandal tribe in Bajaur
Agency on Monday assured the local administration
of their full support in maintaining the writ of the
government in the region.
During a jirga with senior officials of the local
administration, the tribal elders and members vowed
to expel strangers from their areas.
A number of tribal elders and members of several
village defense committees attended the jirga.
Political Agent Abdul Jabar Shah and other senior
officials were also present.
Speaking on the occasion, the political agent said
that peace had been established in the region after
elimination of terrorists but durable peace was still a
tough task as there had been threats from the
militants.
The political agent urged the tribal elders to realise
the situation and be alert for any challenges in the
area because protection of the area from anti-state
elements was the responsibilities of every citizen of
the region. He also asked the elders to speed up their
anti-militant activities and fulfill their collective
responsibility with honesty and commitment. “Joint
efforts are very essential for maintaining peace and a
complete elimination of the militants from the area,”
he added.
Shah lauded the tribal elders for their efforts and
contribution in the restoration of peace in the area,
saying they had always rendered great sacrifices for
the protection of the frontiers.
The jirga was also addressed by tribal elders and
leaders of peace committees, Mian Masood Jan,
Malik Noshea Rwan Khan, Malik Rahat, Malik
Mohammad Rahman, and Malik Zahir Shah. The
elders said the tribesmen were fully alert to meet any
challenges and that no one would be allowed to
interrupt the law and order situation in the agency.
“We are ready to face any challenges,” they said.
The jirga unanimously imposed ban on providing
shelter to suspected elements, foreigners and non-
local people in their area. The jirga also decided to
impose a fine of Rs2 million on any local if he was
found guilty of providing shelter to suspected
elements in the area within the limits of Mandal tribe.
The elders demanded the administration and the
federal government to provide special development
package to Mandal tribe.
They said that the tribesmen of Mandal tribe were
peace-living citizens of the agency that had always
rendered great sacrifices for restoration of peace in
the area.
Source: http://www.nation.com.pk/pakistan-news-
newspaper-daily-english-online/national/15-Oct-
2013/governor-okays-steps-to-streamline-judicial-
system-in-fata
Training arranged for FATA judicial
officers
PESHAWAR: Five day training was held in the
Khyber Pakhtunkhwa Judicial Academy under the
Governance Support Program of FATA Secretariat
for the improving of judicial competence of judicial
officers working in Federally Administered Tribal
Areas (FATA).
As 21 officers including Assistant Political Agents,
Political Tehsildars and Naib Tehsildars were
participating in the course and it was started from
10 February up to 14th February. The training was
focusing on three areas, Court Management, Case
Management and Judgment writing.
In-charge Mediation Center Judicial Academy,
Asghar Ali while explaining objectives of the
training said generally Frontier Crimes Regulation
(FCR) is considered to be a black law but the fact
is that there are some positive points as well in the
FCR, which can be of great relief, if implemented in
true letter and spirit.
“Before designing the course, we engaged
practicing lawyers of FATA Tribunal and identified
7
the weak areas” Asghar Ali said, adding that more
training of the similar nature will make the picture
more clearly about gaps and weaknesses.
On the occasion Javedullah Mehsood, Assistant
Political Agent FR Bannu while sharing his
experience said that the participants are getting
acquainted with new approaches and techniques.
He said “though a judicial set up is there in FATA
but not classy and systematized like the one in
down districts of the country”.
Javedullah hoped that the training will enable them
to deal with litigants politely and follow the
procedure in the best possible manner.
Another participant Zeeshan Abdullah, Assistant
Political Agent Baizai, Uppar Mohmand said that
the training was of immense significance for them
as they had to learn a lot of new things. “We are
being taught how to bring grace and agility in
framing issues and judgment writing” said Zeeshan
Abdullah.
He added that a well-versed and elegant judicial
officer not only will deal the complainants properly
but will also help to avoid wastage of time in the
lower as well as upper judicial form. Terming the
course very useful, he suggested that such
trainings should be continuously arranged for
judicial officers, working in FATA.
It is worth mentioning that the establishment of
FATA Tribunal in the recent years surfaced the
growing need for making the system more judicial
in nature, mechanism and outcomes. Responding
to this need, the Post Crisis Needs Assessment,
FATA Secretariat, approached the Khyber
Pakhtunkhwa Judicial Academy to design a course
for the judicial officers of FATA, focusing on three
areas of Judgment writing, case management and
court management.
During this five-day training course the participants
will be imparted training on judicial temperament
and code of conduct, jurisdiction, extended laws,
Jirga, bail & temporary injunction, transparency,
consistency & accountability of public record, legal
& linguistic requirements of decision making, plaint,
complaint, reply & determination of controversial
points, incorporation of date of hearing in a diary,
determination of quantum of sentence according to
law, critical analysis of relevant law & Current
practice on judgment writing, right to opportunity of
hearing , superdari, framing of charges &
Challan,implementation of the decree and
sensitization to human considerations.
By Farid Shinwari
Source: http://thefrontierpost.com/article/74930/5-
days-training-arranged-for-judicial-officers-FATA/
FATA sceptical of new judicial agents
PESHAWAR: Politicians and officials from the tribal
areas are divided over the governor’s decision to
create the posts of judicial assistant political agents
(APAs) to streamline the legal system of the
Federally Administered Tribal Areas (Fata).
On October 14, Governor Shaukatullah Khan
approved the creation of the APA judicial posts and
the formation of a team of 10 to 20 levies officials in
each tribal agency to acquire forensic training. The
move is meant to provide swift resolution to
problems.
The governor had said a judicial APA would be
appointed in every tehsil of all tribal agencies. The
designated person will be independent in all his
decisions.
Under this system, jirgas will continue to listen to and
resolve people’s grievances and disputes, but the
main authority to hand punishments would rest with
the judicial APA.
However, a senior official from Fata told The Express
Tribune there was a dire need for proper prosecution
of cases and evidence gathering in the region, but the
Frontier Crimes Regulation (FCR) is the biggest
hindrance to the process as it arrives at a verdict
through a jirga.
The official explained the FCR needs to be amended
to make it compulsory for a jirga to consider the
collected evidence before it passes a verdict.
“The previous reforms to the FCR in 2011 were never
implemented and the ones being attempted now will
see the same fate.” (Former MNA Akhunzada Chitan)
He added the FCR does not include capital
punishment even for crimes like murder. How will
they (judicial APAs) enforce such punishments to
people who have never been given such penalties?”
he questioned.
“A lot of procedural changes are required too. It is
also questionable whether the FATA Secretariat and
political agents would let the new system be a
success,” he said.
Iqbal Afridi, an elder and Pakistan Tehreek-e-Insaf
central executive committee member, said all political
parties have rejected the governor’s decision,
labelling it a move to eliminate the jirga system from
the tribal areas.
Afridi said the decision would have been acceptable if
the government planned to appoint independent
8
elected judges or officers, keeping the opinion of
tribesmen into account.
Afridi insisted the residents of tribal areas already felt
disconnected to political agents and APAs and it
would be unfair to take away the jirga’s powers and
give them to these officers.
Meanwhile, Fata Lawyers Forum (FLF) President
Muhammad Ijaz Mohmand welcomed the
appointment of judicial APAs and said “it is a historic
step towards an independent judicial system in Fata”.
Mohmand said the FLF had forwarded a three-point
agenda to Governor Shaukatullah which included the
separation of judiciary from the executive, the
extension of the jurisdiction of superior courts to Fata
and an independent Fata tribunal.
He added the federal government had introduced
some reforms in the FCR in 2011 whereby tribesmen
were given the right to appeal in courts against any
verdict. Minor changes were made to the FCR’s
collective responsibility clause and the Auditor
General of Pakistan was allowed to audit income and
expenditure of political agents, but this did not bring
any significant changes in the lives of tribesmen.
However, Mohmand insisted the new system would
yield better results.
Former MNA Akhunzada Chitan expressed
reservations over the new system. He said the
previous reforms to the FCR were never implemented
and the ones being attempted now will see the same
fate.
He stressed on the need for an implementing body,
claiming the FATA Secretariat and agencies’
administrators do not want the judicial system in
place.
By Asad Zia and Muneeb Mohmand
Source: http://tribune.com.pk/story/620518/casting-
doubts-fata-sceptic-of-judicial-apas-in-tribal-areas/
High Court warns against ignoring FATA
rights
“FATA has not been given due rights, says
Peshawar High Court Chief Justice.”
PESHAWAR: Chief Justice of the Peshawar High
Court (PHC) Justice Dost Mohammad Khan on
Saturday said Fata had been ignored for the past
66 years and if resources had been provided to its
people, the area would not have been producing
suicide bombers and masterminds of bombings.
Addressing a function at the Judicial Academy
here, Justice Dost Mohammad said no university
could be set up in Fata even after 66 years. He
said Fata had not been given its due rights and
resources and that is why the situation worsened
there and gripped the entire country.
He further added that our enemies always tried to
make the situation worse for us. By setting up
more universities, the sense of deprivation of
tribesmen could be removed.
He said the Constitution must govern all affairs,
and all institutions and members of society must
play their role in improving the country’s situation.
He said the president and army chief will have to
ensure equitable justice for all.
Source: http://thenews.com.pk/Todays-News-13-
28182-Ignored-Fata-producing-bombers-PHC-CJ
High Court debates extending authority
to FATA
PESHAWAR: To determine the authority of the
court, the Peshawar High Court (PHC) ordered
lawyers to argue on extending the jurisdiction of
the high court to the tribal areas at the next hearing
of the petition on the appointment of members of
the Federally Administered Tribal Areas (FATA)
tribunal.
The tribunal consists of two members and a
chairman who hears the review petitions of cases
from the tribal areas.
On Thursday, a two-member bench comprising
Chief Justice Dost Muhammad Khan and Justice
Malik Manzoor Hussain were informed by lawyers
that the current members of the FATA Tribunal
were not familiar with the customs of the tribal
areas.
The lawyers told the court that in the petition filed
by Advocate Ijaz Mohmand under Section 55-A of
the Frontier Crimes Regulation it was necessary to
appoint those people as members who are familiar
with the customs. The current members and
chairman were appointed by the governor and do
not fall in that category.
Petition says it was necessary to appoint those
people as members who were familiar with the
customs.
The court said that as the orders of the tribunal
cannot be challenged in the PHC, they first need to
determine if the court can hear the case
proceedings or not. The bench adjourned the case
9
to the next hearing and told the lawyers to argue
on the extension of the jurisdiction.
The tribunal consists of two members – Pir Fida
Muhammad and Akbar Khan, and a chairman,
Shah Wali Khan, who hears the review petitions of
cases from the tribal areas.
Source: http://tribune.com.pk/story/656995/tribal-
lines-phc-invites-debate-on-extending-authority-to-
fata/
PPP leader Babar Awan seeks extension
of court jurisdiction to FATA
“A separate services tribunal should be set up for the
employees from the tribal areas so that their
grievances may be easily addressed”, says Babar
Awan.
PESHAWAR: Senior leader of Pakistan Peoples
Party (PPP) Babar Awan on Tuesday said the
government should introduce the 21st amendment in
the Constitution to bring the Federally Administered
Tribal Areas (Fata) within the jurisdiction of the
Peshawar High Court (PHC).
Talking to journalists at the PHC premises, Awan said
a separate services tribunal should be set up for the
employees from the tribal areas so that their
grievances may be easily addressed. He added the
PHC should hear appeals against any decision of the
federal and provincial services tribunals.
Source: http://tribune.com.pk/story/624336/ppp-
leader-babar-awan-seeks-extension-of-courts-
jurisdiction-to-fata/
Time for reform in FATA justice system
PESHAWAR: The Peshawar High Court (PHC) has
issued notices to secretaries of State and Frontier
Regions, Law and Parliamentary Division, and
Khyber-Pakhtunkhwa (K-P) Home and Tribal
Affairs Department over the sentencing of a
tribesman, who was arrested under one charge,
but later convicted in another case.
A two-member bench comprising Justice Mazhar
Alam and Justice Yahya Khan Afridi issued the
notices when it was informed by Advocate
Samiullah Afridi that his client Nizam was arrested
under sections 365 and 11 of the Frontier Crimes
Regulations (FCR).
The bench was further informed Nizam was later
tried in other cases and the assistant political agent
of Bara, Khyber Agency sentenced him to 10 years
in prison under sections 121 and 122 of the
Pakistan Penal Code and Section 11 of the FCR.
During his arguments, Samiullah Afridi said tribal
people are also residents of Pakistan, but are
treated differently compared to other citizens of
settled areas. He maintained the decades-old FCR
should be abolished so residents of this backward
region can enjoy their liberty as other citizens do.
“The current law is against basic human rights and
local residents want it abolished from their areas,”
said the advocate. He added the current sentence
given to Nizam must be declared null and void.
The current law is against basic human rights and
local residents want it abolished from their areas.
(Advocate Samiullah Afridi)
After hearing the arguments, the bench issued
notices to the secretaries to explain their position.
The FCR dates back to the time of the British Raj
and is generally regarded as a draconian law by
the local tribesmen of Fata who say they are
denied the fundamental right of a lawyer during
prosecution. One of the much-criticised aspects of
the FCR is the collective responsibility clause
which holds tribesmen accountable for the crime of
one clan member.
Source: http://tribune.com.pk/story/632684/time-
for-reform-phc-issues-notices-over-sentencing-of-
tribesman/
FATA demands extension of court
jurisdiction
PESHAWAR: Tribal people have demanded
President of Pakistan to extend jurisdiction of High
Court and Supreme Court to tribal belt like other
parts of the country, as the recent FATA Tribunal
established to resolve their issues could not
provide speedy justice.
It is pertinent to mention here that FATA Tribunal
had been established in 1997 consisting of two on
service members of federal law and home
department while after amendments took place in
2011in Frontier Crimes Regulations (FCR) the
tribunal is consisting of three retired members.
One of the tribesmen, Shah Mohammad of
Landikotal Khyber Agency told this scribe that
Khugkhel tribe of Shinwari was receiving around
one million losses due to closure of Torkham
general stand as the final decision was not made
by members of FATA Tribunal in last six months.
He informed that they had been attending the court
proceeding for last six months; however no final
10
decision was made so far.”No hearing of case took
place in last six months despite giving new date for
next hearing,” he added.
Final decision should be made in order to avoid
daily losses, Shah said and demanding that they
want High Court and Supreme Court to extend its
jurisdiction to tribal areas in order to provide swiftly
justice to tribesmen.
Shah Pasand another tribesman of Mohmand
Agency said he had land dispute with rival group in
Ghalanai area of Mohmand Agency and selected
official Jirga by political agent gave verdict in favor
of opposition party which I challenged in tribunal.
However he regretted and saying he was not
provided justice in last eight years despite
appealing in tribunal against the verdict being
given.
Aggrieved person demanded justice from members
of tribunal in order to get rid of the disputed matter
as he is unable to afford the expenditures of lawyer
being hired for fighting the case.
FATA and Khyber Pakhtunkhwa lawyers have
different opinions about FATA Tribunal as Qubais
Shinwari, who performed his duty in high court as a
lawyer commented on Saturday that lawyers’
community applauded the step towards
amendments being made in (FCR) by former
President Asif Ali Zardari, though amendments
were not made on wishes of tribal people.
“The tribunal was not fully empowered as
expected, Shinwari said and adding it works for
solving the issues of official departments despite
local tribesmen”. The tribal people, lawyer said are
equal citizens as compared to other citizen of the
country in light of 1973 constitution while they have
been deprived of fundamental rights in their
respective areas.
He informed that there is difference between Court
and Tribunal while still it does not meet
requirements of a tribunal because merit and
competency is considered must while appointing a
judge or member of tribunal. The sitting members
of tribunal, according to Shinwari have been
appointed on political basis despite merit.
Farooq Mehsud a lawyer, who compared the
performance of previous FATA Tribunal with recent
one saying that the current tribunal, is conducting
hearing of cases a full week while earlier was
conducting once in a week. Its trial as compared to
previous tribunal is speedy and it provides justice
as quick as possible, Mahsud added.
On service secretaries of federal home and law
department used to conduct hearing of various
nature of cases in past while the recent tribunal
consisting of retired bureaucrats of 21 rank, he
informed. The role of current tribunal was highly-
appreciated by Mahsud as it would help solve
minor issues in no time.
However the 2011 amendments brought the court
out from under the direct administration of federal
government and placed two retired bureaucrats
and one lawyer in the FATA Tribunal.
The reforms further explains that membership of
FATA Tribunal must consist of a Chairman and two
other members. The Chairman must be a civil
servant of not less than BPS 21 rank and have
adequate experience of tribal administration. While
the other two members must be retired civil
servants of not less than BPS 20 grade and have
enough experience of tribal belt. The third member
must qualify to be appointed as a judge of high
court and must be familiar with tribal customs and
traditions.
Contrary to the comments of abovementioned
lawyer and tribesmen, Chairman of FATA Tribunal,
Shah Wali Khan Orakzai in his exclusive interview
with The Frontier Post said the tribunal deals both
civil and criminal cases. Chairman however shared
the statistics saying that verdicts of around 500
cases have been made by members of tribunal
while 89 cases are still in pending which will be
solved soon.
By Farid Shinwari
Source: http://www.thefrontierpost.com/article/5206
8/
MNAs to table resolution for extension of
superior courts to FATA
PESHAWAR: The parliamentarians from the tribal
areas would table a resolution in the National
Assembly and Senate to seek the extension of
jurisdiction of the superior courts to the Federally
Administered Tribal Areas (Fata) to check the
violation of fundamental rights guaranteed by the
Constitution.
Fata Lawyers Forum (FLF) President Mohammad
Ijaz Mohmand told The News on Sunday that the
forum with the help of Fata parliamentarians had
sensitized about 300 MNAs of the ruling and
11
opposition parties, including Pakistan Muslim
League-Nawaz, Pakistan People’s Party,
Muttahida Majlis-e-Amal, Pakistan Tehreek-e-Insaf
and Awami National Party to support the resolution
seeking the extension of jurisdiction of superior
courts to Fata, which is being governed under the
British-era Frontier Crimes Regulation (FCR).
He said the FLF held a meeting with Fata
parliamentarians on August 21 to persuade them to
move a resolution at the National Assembly and
Senate to make amendments to the Article 247 (7)
of the Constitution.
Ijaz Mohmand said the senators and MNAs from
Fata had assured the FLF to draft the amendment
and get it passed with the help of the ruling party.
“We have drafted the resolution and it will soon be
tabled in the National Assembly and Senate,” the
FLF president said.
Ijaz Mohmand said though constitutionally the
parliamentarians from Fata were barred from
legislating for Fata, they were presenting the
resolution with the help of other parliamentarians to
make amendments to Article 247 of the
Constitution to extend the jurisdiction of the
superior courts to Fata as the tribes-persons were
deprived of the fundamental rights guaranteed by
the Constitution.
He said the extension of the jurisdiction of the
superior courts would restrain the political
administration from violating the fundamental rights
of the tribal people under the FCR.
The FLF has forwarded the draft of the resolution
to Fata parliamentarians for its passage from both
the houses the Parliament. It states: “Article 1 of
the Constitution has defined the territories of
Pakistan, which includes Fata. Despite being an
integral part of Pakistan, more than 10 million
inhabitants do not enjoy the protection of their
fundamental rights as guaranteed by the
Constitution.”
The proposed draft stated that the inhabitants of
Fata are governed by a draconian law called the
FCR and the jurisdiction of the Supreme Court and
Peshawar High Court has been ousted through
Article 247 of the Constitution, unless the
Parliament provides otherwise, through legislation
and certain laws are extended to Fata.
“Since the people of Fata are citizens of Pakistan
and are entitled to be treated equally under the
Constitution and their fundamental rights also to be
protected under the Constitution. We the members
of the National Assembly do hereby resolve and
recommend the necessary amendments be made
immediately in Article 247 of the Constitution
regarding extension of the superior courts in Fata,”
said the proposed draft of the resolution.
On 22 August, the Supreme Court Bar Association
of Pakistan also passed a unanimous resolution on
the request of the FLF. The contents of the
resolution were enforcement of fundamental rights
in Fata, extension of jurisdiction of high courts and
Supreme Court to Fata and rule of law in Fata.
The Khyber Pakhtunkhwa Assembly has also
passed a resolution demanding representation of
people of Fata in the provincial assembly and
extension of superior courts’ jurisdiction to the
tribal areas.
Former minister for Law, Parliamentary Affairs and
Human Rights Arshad Abdullah had moved the
resolution asking the government to abolish the
newly constituted Frontier Crimes Regulation
(FCR) Tribunal and establish a proper judicial
forum.
The resolution demanded deletion of clause (7) of
Article 247 of the Constitution for being in violation
of fundamental rights of tribal people and called for
extension of the jurisdiction of the higher courts to
Fata.
By Akhtar Amin
Source: http://www.thenews.com.pk/Todays-News-
2-219122-KP-MPs-to-table-resolution-for-
extension-of-superior-courts-to-Fata
Senate told Citizenship Act does not apply
to FATA
ISLAMABAD: The century-old Frontier Crimes
Regulation (FCR) act which governs the troubled
Federally Administered Tribal Areas (Fata) not only
denies the basic human rights of religious
minorities, but also denies residents citizen rights,
it emerged on Thursday.
These startling revelations came to the fore in the
Senate when ministers highlighted that minorities’
rights in Fata are severely lacking.
For the first time, it was pointed out in parliament
that Christians living in Fata since 1914 cannot get
a domicile under the prevailing colonial era law
(FCR) enforced by British rulers in 1901.
12
After cosmetic changes, the same draconian laws
are enforced in the lawless tribal areas bordering
Afghanistan. Two female lawmakers, PPP Senator
Farhat Abbass and ANP Senator Farah Aqil, raised
the matter of non-issuance of domicile certificates
to the Christian community residing in Fata.
Aqil who was present in the House when the issue
was taken up, claimed that the Christian
community residing in Fata for several decades
has not been issued domicile certificates.
The domicile is one of the very basic pre-requisites
for applying for a job or a seat in college and
university under the quota system.
The ANP legislator further claimed that many
Christian communities had been living in Fata for
generations, with most residence records showing
that they had settled there since 1914.
Federal Minister for Parliamentary Affairs Sheikh
Aftab responded that domicile in Fata is issued
only to local residents under the 1901 FCR Act.
He said the Christian community came there for
jobs after the enforcement of the act and that they
are given a CNIC and they can purchase property,
but the law does not permit the issuance of a
domicile to them. Instead, however, they are
issued a Permanent Resident Certificate.
The minister’s startling revelation that the
Citizenship Act of Pakistan is not applicable to Fata
areas created a stir in the House.
Leader of the Opposition Aitzaz Ahsan questioned
how the Citizenship Act is not applicable to Fata if
the region is part of Pakistan.
The chair also expressed his concerns over the
issue and referred the matter to the relevant
standing committee for further deliberation.
By Irfan Ghauri
Source: http://tribune.com.pk/story/671607/senate-
told-citizenship-act-does-not-apply-to-fata/
High Court reserves judgment on Federal
Investigation Agency jurisdiction in
FATA
PESHAWAR: The Peshawar High Court (PHC) on
Monday reserved its decision on the extension of
the Federal Investigation Agency (FIA) jurisdiction
to investigate cases in the Federally Administered
Tribal Areas.
PHC Chief Justice Dost Muhammad Khan also
questioned which anti-corruption body would be
responsible to probe allegations of
misappropriation, if any, in the tribal areas. He was
hearing a revision application filed by Fata
additional chief secretary wherein the FIA asked
the political agent (PA) of Khyber Agency to clear
his position in a corruption case.
The petitioner’s counsel, Advocate Qazi
Muhammad Anwer informed the court a few
months earlier FIA had asked the PA to clear his
position, but under the FIA Act, 1974, its
jurisdiction did not extend to the tribal areas.
Advocate Anwer added they had first contacted a
civil judge who had disposed of the application
saying the FIA could carry out investigations
throughout the country. He, however, contested
the civil judge’s decision, saying even several
presidential regulations have not made it clear if
Fata falls under the ambit of FIA.
Justice Khan then inquired which agency could
probe cases of corruption in tribal areas,
questioning why the area was exempted even
though the PA himself draws his salary from the
national exchequer.
Standing counsel Jamil Warsak told the court there
is no written stipulation in the FIA Act 1974 stating
it cannot carry out investigation against employees
working in Fata, adding the agency should initiate
its probe as there were many complaints of
corruption.
“Article 1, Section 2 of the FIA Act 1974 says it
extends to the whole of Pakistan and also applies
to all citizens and public servants of Pakistan,
wherever they may be.”
Warsak also brought up an earlier case pertaining
to Mosa Neka Public School in South Waziristan
which was investigated by both FIA and National
Accountability Bureau (NAB). The PHC had given
a verdict of corruption in the case, reminded
Warsak. After hearing arguments from both sides,
the chief justice reserved his decision over the
extension of FIA’s jurisdiction to Fata which will be
divulged at a later date.
Source: http://tribune.com.pk/story/627100/transpa
rency-concerns-phc-reserves-judgment-on-fias-
jurisdiction-in-fata/
13
Journalists condemn abuse by FATA
officials
Tribal journalists feel unsafe in Khyber Agency.
Political Moharars disgraced a local tribal journalist
at Landikotal for his bold and independent
reporting.
Tribal journalists, hailing from Landikotal sub-
division of Khyber Agency, have been facing
discrimination and harassment by the political
administration of Landikotal and Khyber Agency.
Tribal journalist Shahid Shinwari was insulted at
Michni check post at Landikotal after media
reported widespread corruption at the post. A
political moharar known as Saifur Rehman dealt
with a local journalist Shahid Shinwari in a very
disgraceful and humiliating manner, arguing that if
local journalists are making public and highlighting
their corruption, they would not be patiently
tolerated to visit their offices and check posts. “I
was forced to get out of his office at Michni post in
Landikotal in a disgraceful way” Shinwari
complained in Landikotal press club.
It was also learnt that local administration had
reportedly issued instructions to the lower staff and
officials of Khasadar Force to keep away from
journalists and don’t cooperate with them in any
way, a source from Michni check post informed,
advising the local journalists to confine their
activities and don’t interact with administration or
its staff directly, which is an alarming situation for
local media persons.
Political Agent Khyber and APA Landikotal have
allegedly adopted a very negative and
discriminative behaviour to divide journalists and
harass them through various tactics by resorting to
the policy of sticks and carrots. The local
journalists have also communicated with local
administration regarding threats through text
messages from unknown numbers but the
administration pushed the very serious issue under
the rug, which created further suspensions in the
minds of the local journalists. The authorities
ignore to comment when their version is sought
regarding any issue, which is meant to keep media
in darkness.
The gulf and misunderstanding between the local
mediapersons and political authorities get deep
and wide with the passage of time. The basic fact
is that political agent and Landikotal administration
wished to keep mums in the mouths of journalists
to keep them silent to remain indifferent to the
situation and don’t expose any wrongdoing, but the
journalists have kept adherent to the principles of
free and fair reporting to let the world know the
ground realities.
The local journalists while condemning the rude
and aggressive misbehavior of the clerical staff at
Landikotal have warned to resort to a protest
movement if immediate and strict action was not
taken against the accused clerical staff at Michni
check post.
By Sudhir
Source: http://allvoices.com/contributed-
news/16288380-journalists-condemn-high-
handedness-of-administration-officials
Mainstreaming FATA
Pakistani political parties aim to bring
FATA into mainstream
ISLAMABAD: Pakistan’s Federally Administered
Tribal Areas (FATA) have enjoyed unprecedented
political freedoms for more than two years, and a
committee comprised of the country’s 10 key
political parties is touring the country to gain
support for more reforms that would empower the
long-neglected region.
Parliamentary approval of the proposed reforms is
necessary if they are to become law.
The parties, united under the banner of the Political
Parties Joint Committee on FATA Reforms, include
the Awami National Party, Qaumi Watan Party,
Jamiat-e-Ulema Islam (Fazl), the Pakistan Peoples
Party (PPP), Pakistan Muslim League-Nawaz,
Pakistan Muslim League-Quaid (PML-Q), Jammat-
e-Islami (JI), the Muttahida Qaumi Movement, the
National Party and Pakistan Tehreek-e-Insaf (PTI).
Committee’s activities
The parties on January 13 agreed on a list of
reforms to try to promote a stable peace in FATA,
a region that has been afflicted by terrorism since
about 2007.
The FATA reform committee, which was formed in
late 2010, is fighting to help the tribesmen enjoy
“access to the judicial system, constitutional
guarantees and all fundamental rights like other
citizens of Pakistan,” Ajmal Khan Wazir, central
vice-president of PML-Q and member of the FATA
committee, said.
14
The agreed-upon reform agenda proposes
instituting local bodies’ elections, broad
infrastructure development, and special funds for
health and education, Wazir said.
During its nationwide tour, the committee will
confer with the leaders of its member political
parties and will hold media briefings in provincial
capitals, Wazir told Central Asia Online.
The delegation January 11 visited Quetta to meet
with Balochistan Chief Minister and National Party
Central President Dr. Abdul Malik Baloch and
discussed proposed reforms for FATA.
“We support the endeavors of the FATA Reforms
Committee as it is a must for FATA residents to
enjoy the same rights that has been enshrined in
the constitution for every Pakistani national,”
Baloch said during a January 11 press conference
about the meeting.
Besides Quetta, the committee’s itinerary in
January includes Karachi and Peshawar.
It earlier visited Lahore in December, meeting with
JI chief Syed Munawar Hassan and other leaders.
1st party-based elections ever in FATA
The committee’s work comes on the foundation of
historic reforms in 2011 that enabled FATA
residents to fully participate in the country’s
political life last year.
In August 2011, then-President Asif Ali Zardari
amended the Frontier Crimes Regulation (FCR), a
British-era law curtailing FATA residents’ rights,
and extended the Political Parties Act (PPA) 2002
to the tribal areas. The change allowed political
parties to operate there as they do elsewhere in
Pakistan and compete for votes in the May 11
general election.
Prior to the extension, FATA’s 12 assemblymen
and 8 senators had to run as independents. Now,
tribal candidates may stand for general elections
as standard-bearers of political parties.
Political leaders and civil society activists hail the
extension of the PPA, saying that more such
reforms could help defeat militancy in the region.
“Tribal people are very thankful to … Zardari, who
lifted a 64-year-old ban in August 2011 on the
activities of political parties in the seven tribal
agencies,” Akhundzada Chattan, a former
parliamentarian from Bajaur Agency and a leader
of the PPP, said.
The participation of political parties in the tribal
areas in last May’s general election had a positive
impact, Islamabad-based political analyst Kahar
Zalmay said.
“There is no concept of basic democracy without
the operation of political parties,” Zalmay told
Central Asia Online. “FATA is no exception. When
you allow people to vote and to campaign, you’re
making them stakeholders.”
“Political parties carried out their campaigns, and a
large number of the tribal people cast their votes in
the first party-based elections,” Abdullah Afridi, a
PTI supporter in Khyber Agency, said, suggesting
that FATA residents have become frustrated with
the militancy and have faith in democratic
governance.
Even though terrorists issued threats and
committed outright violence, FATA voter turnout in
the 2013 general election was 36%, compared to
31% in 2008.
By Zia-ur-Rehman
Source: http://centralasiaonline.com/en_GB/article
s/caii/features/pakistan/main/2014/01/14/feature-
01
Government to bring FATA into
mainstream
ISLAMABAD: President Mamnoon Hussain has
said that government is keen to undertake all
possible measures to remove the sense of
deprivation of people of tribal areas and bring them
into the mainstream of national life in terms of
socio- economic development.
He stated this while talking to a delegation of FATA
Senators led by Senator Abbas Khan Afridi who
called on him at Aiwan-e-Sadr on Tuesday. During
the meeting important issues including law and
order situation in FATA and developmental matters
in different constituencies of the tribal areas came
under discussion.
He said that government has planned various
development projects for FATA which will not only
facilitate the tribesmen but will also create
employment opportunities for them.
Other members of the delegation included Senator
Abbas Khan Afridi, Senator Muhammad Idrees
Khan Safi, Senator Malik Najam ul Hassan,
Senator Muhammad Saleh Shah, Senator Haji
Khan Afridi and Senator Hidayat Ullah.
Source: http://fata.thefrontierpost.com.pk/?p=282
15
Agency level political parties unite for
FATA reforms
The Alliance sought that Local Government polls,
FCR reforms and inclusion of FATA people in the
reforms debate process must be ensured.
The All Bajaur Political Parties Alliance has agreed to
a four-point agenda for the tribal areas:
1) identify issues FATA people face;
2) suggest possible solutions;
3) define a more interactive and leading role for
political parties; and
4) design strategic plans.
The war, militancy and chaos along with drone strikes
were termed as military/militancy problems faced by
FATA people. The Alliance demanded peace and
cessation of drone strikes at the earliest and sought
representation of FATA people in dialogue with the
Taliban.
Although amendments to FCR were announced and
enacted in August 2011, they have not been
implemented till this time. The Alliance also
discussed that FATA parliamentarians are deprived of
legislative rights for FATA in any constitutional forum.
It was also again pledged that a FATA elected council
should be established having power to enact reforms
for FATA.
FATA must be included in Pakistan and in the Prime
Minister’s six-point development program. Economic
depression in FATA due to militancy was also
discussed and highlighted in the meeting. The
Alliance sought that a special package be announced
for FATA economic uplift.
The Alliance took notice of irregularities in the
development activities of NGOs in FATA. Some
projects were termed as wastage of resources. An
effective monitoring cell for monitoring and vetting the
NGOs implementation and recruitment processes
was urged in the meeting.
The Alliance discussed and drew up a strategy for
political parties that includes the Alliance and that
unity among parties will be maintained. The All
Parties Conferences will be continued and political
alliances will be set up in every FATA agency. A
protest and staging of a sit-in in Islamabad was
planned.
Source: http://www.slideshare.net/fatanews/agenda-
bajaur-political-parties-allaince-v4-2013-1007
FATA parties work together for peace
and reforms
PESHAWAR: Naib Ameer Jamaat-e-Islami FATA,
Zarnoor Afridi has said an agenda with
consultation of all religious and political parties of
tribal belt have been finalized for forthcoming Loya
Qabaili Jirga scheduled to be held on 22 December
at Nishtar Hall Peshawar.
Peace to be restored in tribal region and military
operation should be ended and federal
government to initiate peace talks with Taliban and
stop CIA operated drone attacks, Afridi while
sharing one of the points of agenda devised for
coming Loya Qabaili Jirga.
Local bodies elections to be held in tribal regions
like other parts of the country and date should
instantly be announced, a full fledge financial
package of 200 Arab to be released for restoration
of FATA, an amendment to be made in 247 section
of constitution and Presidential authority over
FATA to be given to elected parliament, he further
shared.
Restriction over journalism to be lifted and PEMRA
laws should be extended to tribal belt, Political
Agent to be held responsible to judiciary and
legislature, judiciary and administration to be
separated while high court judges instead of
bureaucrats in FATA Tribunal and session judge
despite Additional Political Agent to be nominated,
he informed.
Zarnoor Afridi, a member of reforms committee of
All FATA Political Alliance while addressing at a
news conference said tribal region has become a
hub of problems including potable water, health,
education, infrastructure and IDPs.
He further added that on one side tribal belt if
affected owing to US war against terrorism while
on the other side, a legal and constitutional space
is still vacant since 1947, Afridi said. To take out a
unanimous resolution of problems, all tribal political
and religious party leaders decided to hold a
Qaumi Jirga on 22 December in Peshawar.
People belong to all thoughts of school including
elders, maliks, clerics, journalists and leaders of JI,
JUI-F, PTI, PPP, PML-N, PML-Q, ANP and QWP
will participate in the Jirga.
Source: http://thefrontierpost.com/article/62506/Fat
a-political-alliance-all-set-to-hold-Jirga-on-Dec-22/
16
Article 247
Youth call for extending constitutional
rights to FATA
“Lawyers from the tribal area said that the
government should separate executive from the
judiciary and extend jurisdiction of the Supreme
Court to FATA.”
PESHAWAR: Youths from the Federally
Administered Tribal Areas (Fata) have called for
provision of fundamental human rights to the tribal
people and abolition of the colonial era laws
blatantly violating these rights.
Attending a one-day consultative seminar on the
new FATA Youth Policy here on Tuesday, they
said that they wanted abolition of discriminatory
sections of Frontier Crimes Regulation (FCR),
amendment to Article 247 of the Constitution and
extension of fundamental rights incorporated in the
Constitution to Fata.
Lawyers from the tribal area said that the
government should separate executive from the
judiciary and extend jurisdiction of the Supreme
Court to Fata. The seminar brought differences of
opinion on core issues between the youths and
policymakers to the limelight.
Khyber Pakhtunkhwa Governor Engineer
Shaukatullah inaugurated the seminar, which was
attended by students, professionals, academicians
and officials of the Fata Secretariat. Later, the
participants were divided into four groups to
include their input in the proposed policy that would
be approved soon.
Mohammad Asif, who was heading the political
group, said that the policy draft extensively
discussed human values and fundamental human
rights, but was silent on the FCR.
Mohammad Asif, who was heading the political
group, said that the policy draft extensively
discussed human values and fundamental human
rights, but was silent on the FCR.
He said that such policies would be futile until the
government extended all constitutional rights to the
tribal area. He demanded that the government
should abolish all draconian laws and executive
orders which are repugnant to the Constitution.
The policy draft called for respect for human rights
as adopted in the Universal Declaration of Human
Rights 1948 and mentioned in the fundamental
rights endorsed by the Constitution.
The policy draft called for respect for human rights
as adopted in the Universal Declaration of Human
Rights 1948 and mentioned in the fundamental
rights endorsed by the Constitution.
An official said that the federal government had
extended about 136 laws to the tribal area, but it
could not be implemented because of absence of
mechanism and infrastructure in Fata.
Fata Lawyers Forum president Ijaz Mohmand
called for the separation of judiciary and executive
in tribal area and amendment to Article 247 of the
Constitution. He complained that political reforms
announced for Fata in 2011 had not been fully
introduced.
Fata Lawyers Forum president Ijaz Mohmand
called for the separation of judiciary and executive
in tribal area and amendment to Article 247 of the
Constitution. He complained that political reforms
announced for Fata in 2011 had not been fully
introduced.
He said that fundamental rights could not be
protected without extension of the jurisdiction of
parliament and superior courts.
Dr Ziarat Shah, representing the panel on social
empowerment of tribal youth, observed that
restoration of peace was prerequisite for the social
empowerment of tribal society. He said that the
government should ensure provision of basic
amenities, including health and education.
Prof Bashir Ahmad hailing from Mohmand Agency
observed that efficient local government
system was need of the hour otherwise political
empowerment of tribal society would be
impossible.
The governor appreciated the efforts of Fata
Secretariat for the consultation for the first youth
policy for Fata. He said that the government was
providing opportunities to tribal people to prepare
policies for themselves. He, however, said that
professionals, including specialist doctors, did not
go to tribal area despite opportunities and
incentives.
Source: http://www.dawn.com/news/1085030/youth
-call-for-extending-constitutional-rights-to-fata
17
Senators want FATA people accorded
legislative rights
ISLAMABAD: Senators from opposition parties in
the upper house of Parliament gave voice to the
rights of those living in the country’s tribal region,
saying their fundamental rights were being
violated.
Taking part in a debate on the law and order
situation in the tribal areas during the last sitting of
the 99th senate session, PPP and ANP senators
commented on the inability of those living in the
tribal region to create legislation for their rights or
to hold a local body election. ANP senator Afrasiab
Khattak said the rights enjoyed by people in other
parts of the country are not available to those in
the tribal region.
“There is no parliament in the area and FATA
parliamentarians cannot push for legislations for
their respective area,” he noted.
He added that during the last few days, those killed
or injured in clashes with the armed forces were
unable to access medical facilities due to a
continuous curfew in the area. The president must
take steps to improve the living conditions of those
in the region, as it comes under his control, the
senator added.
He also sought an impartial inquiry into the killing
of innocent people and children during the military
operation in Mirali and Miran Shah. Khattak
emphasized the need for comprehensive reforms
and regulation in FATA.
There is no parliament in the area and FATA
parliamentarians can not push for legislation for
their respective area. (ANP Senator Afrasiab
Khattak)
He alleged that some local agencies were involved
in creating unrest in Balochistan while some
foreign agencies are also operating in the area.
Khattak demanded an end to the disappearances
taking place in the area. PPP senator Raza
Rabbani stated that according to the constitution,
the president could take notice of the law and order
situation in FATA and take steps to bring reform in
the area.
Leader of the House Raja Zafar ul Haq said that
reforms should be introduced in FATA to maintain
law and order. He added that the issue was
discussed many times in the senate but no
resolution had been offered by former
governments. “I will personally meet the president
and inform him about the sentiments of the
Senate,” Haq assured the house.
The PPP’s Maula Bakhsh Chandio claimed that the
incumbent government has totally failed to honour
promises made during the election campaign.
By Peer Muhammad
http://tribune.com.pk/story/648577/call-for-reforms-
senators-want-fata-people-accorded-legislative-
rights/
Political parties stress restructuring of
FATA
LAHORE: The Political Parties’ Joint Committee on
FATA Reforms has sought implementation of the
proposed restructuring of the Federally
Administered Tribal Areas by amending the Article
247 of the Constitution and holding the local
elections there.
Speaking to reporters after getting support of the
Jamaat-i-Islami on Thursday, the committee
members said FATA people offered unprecedented
sacrifices for the creation of Pakistan and also
fought for the Kashmir cause. Earlier, the
committee members held a meeting with the JI
leadership at Mansoora.
Jamaat-i-Islami’s Prof Ibrahim said the FATA
reforms proposed by the committee after thorough
deliberations included guarantee of peace,
amendment to Article 247 of the Constitution,
holding of local elections, comprehensive package
for infrastructure with special focus on health,
education and employment, future decisions of
FATA by its people, extension of Pemra
jurisdiction, formation of Jirga System as
democratic and independent, abolition of actions in
aid of civil power regulation, separation of
executive and judicial powers, and ensuring
safeguarding life and property of the citizens.
Asked whether the JI (along with the committee
members) planned to be a mediator for talks
between the government and the Taliban, Prof
Ibrahim said since it was not the mandate of the
committee, it didn’t want to intervene. “It’s the job
of the government and we are just here to put our
reforms/recommendations before the media,” he
added.
He said the MQM was also member of the
committee but couldn’t attend the briefing in
Lahore.
18
JI chief Munawar Hasan said since the people of
FATA had given sacrifices for Pakistan and
Kashmir, they must be included in the
constitutional framework of the country.
The committee stressed that the political parties
must unite to ensure legal reforms for tribal people.
They said the committee planned to meet the
president, the prime minister and the Khyber
Pakhtunkhwa governor to discuss the reform
agenda.
Source: http://www.dawn.com/news/1072196/restr
ucturing-of-fata-stressed
Citizen petition to abolish FCR and
extend constitution
The people of Federally Administered Tribal Areas
(FATA) are deprived of the basic human
rights enumerated in the constitution of Pakistan.
We demand extension of constitution to FATA
which is governed under the colonial law -Frontier
Crime Regulation (FCR) for centuries.
This colonial law denies basic human rights in the
21st century to millions of people of FATA. The
Pakistani government should abolish FCR and
extend constitution to this lawless region and the
people should be freed from the clinches of the
prevailing draconian law.
FATA consist of Seven Agencies namely South
Waziristan, North Waziristan, Kurram, Orakzai,
Khyber, Mohmond and Bajaur and six Frontier
Regions, FR Tank, FR Dera Ismail Khan, FR
Bannu, FR Lakky, FR Kuhat and FR Peshawar,
inhabiting millions of people.
The constitution of Pakistan does not guarantee
liberty and social justice to the people of Federally
Administered Tribal Areas (FATA) as it has been
administered by a century old administrative
system introduced by the British government in
1901. Under Article 1 of the 1973 Constitution,
FATA is a part of Pakistan but constitution is not
extended to this border region of Pakistan. Article
247 of 1973 Constitution deals with exercise of
power in FATA.
The President of Pakistan is the executive head of
FATA and exercises his power through his agent,
Governor of Khyber Pakhtunkhwa. Under the
Governor, there is a Political Agent in each agency
who commands political, executive, legislative and
administrative authority in the agency. He is the
judge, juror, police chief, prison official, local
administrator and prosecutor.
The Political Agent is the supreme head of the
Agency with ultimate power and can be called an
emperor without a crown. Constitutionally, no law
of parliament is applicable to FATA until the
President of Pakistan desires to implement it.
FATA is represented in both the upper and the
lower houses of the Pakistani Parliament but FATA
parliamentarians cannot legislate for their region.
The denial of political and civil rights and liberty not
only grounds for the backwardness of FATA but is
the major cause of pushing the region into the
present turmoil and violence.
The denial of political and civil rights and liberty not
only grounds for the backwardness of FATA but is
the major cause of pushing the region into the
present turmoil and violence.
In a democratic setup it is the utmost responsibility
of the state to provide basic rights and guarantee
security to its citizens. It is high time that the
government should opt for political process and
encourage political activities in FATA rather than
military operation.
The prevailing system of justice under the FCR in
FATA is miserably failed to protect life, property
and liberty of individuals and tribes. The FCR
provisions include confiscation of property,
demolishing of houses, baring individual or tribe to
enter the settle areas of Pakistan, expelling a
person from his residency, imposition of fine on
entire tribe of the accused or criminal, and no right
to go to any court in the country against the
inhuman and ultra-constitutional decision of
Political Agents.
FCR articles include “seizure of property and arrest
and detention of an individual without due process,
barring a person in the tribal areas from entering
the settled districts (Section 21); removing a
person from his residence/locality (Section 36);
imposition of fine on the entire community for
crimes of an individual (sections 22, 23);
prohibition on erecting village, walled enclosures
and their demolition (sections 31-33); demolition of
a house or building on suspicion of being used or
populated by thieves or dacoits (Section 34); fines
on relatives of a criminal and realization of fines by
selling his property (Section 56); and, no right to go
to courts against the Political Agent’s decision
(Section 60)”.
19
Is there any place in the globe where such law
administers justice? Obviously, the answer is in
negative, and no one has heard about such a
brutal law where law may enslave individual and
tribe in 21st century contrarily human dignity. Is
there any state where constitution bows before the
ordinary law? Again, Pakistan is an exceptional
case, where the FCR is more powerful in FATA
than the constitution of the country.
We demand the abolishment of the Frontier Crimes
Regulation (FCR) and the extension of the
constitution of Pakistan to FATA.
Source: http://www.change.org/petitions/govt-of-
pakistan-abolish-fcr-extend-constitution-to-fata
CGPA demands abolition of Article 247
Centre for Governance and Public Accountability
(CGPA) demanded the abolishment of Article 247
of Constitution of Pakistan, as the Article awards
non-representative and undemocratic status to
Federally Administered Tribal Areas (FATA), and
Provincially Administered Tribal Areas (PATA). The
CGPA further said the Article negates basic
fundamental rights of the residents of tribal areas,
and proved to be a main bottleneck in
mainstreaming FATA.
It claimed that without changing governance
paradigms in trial areas for ensuring basic human
rights peace and stability in tribal areas can’t be
guaranteed.
According to Article 247, it is sole discretion of the
President and the Governor of respective province
while acting as an agent of the President to direct
the extension of any law to FATA and PATA,
respectively. This provision takes away the basic
democratic rights of the citizens of tribal areas to
be represented by their elected representatives in
National Assembly and provincial assemblies.
CGPA lamented the fact that members of National
Assembly from FATA can participate in legislation
for the whole Pakistan but not for FATA.
The Article 247 further states that ‘neither the
Supreme Court nor a High Court shall exercise any
jurisdiction under the Constitution in relation to a
Tribal Area.’ This provision violates Article 25 of
the constitution of Pakistan, which states that ‘all
citizens are equal before law.’ This provision
deprives residence of tribal areas to have basic
right of fair trial and equality before law.
CGPA lamented that due to Article 247 tribal areas
are deprived of many important laws. While
Khyber-Pakhtunkhwa province has right to
information law now, citizens from tribal areas have
strong feelings of deprivation and
disenfranchisement for not having right to
information law. Residents of FATA have no
representation in any provincial assembly and are
deprived of have their voices articulated at local
level.
The organisation demanded that Right to
Information and Local Government Regulations
should immediately be notified for FATA. CGPA
further demanded Federal Government to abolish
Article 247 of the Constitution of Pakistan and start
mainstreaming tribal areas as per aspirations of
residence of tribal areas.
Source: http://www.brecorder.com/general-
news/172:pakistan/1263091:cgpa-demands-
abolition-of-article-247/
Amend Article 247 to provide basic rights
to tribesmen
PESHAWAR: Naib Ameer of Jamaat-e-Islami
FATA, Zarnoor Afridi has said that by making
amendments in article 247 of the constitution of
Pakistan, it would help restore all basic rights of
tribesmen; they were being deprived from in their
respective areas.
Local bodies election is the need of hours and the
government should promptly announce holding
elections in tribal regions like other part of country
in order to empower them at lower level, Afridi
remarked and saying government to announce
special financial package for tribesmen being
affected in war against terrorism in order to stand
by their own feet.
In a news statement issued from provincial office of
Almarkaz-e-Islami on Wednesday by Zarnoor Afridi
saying that rights of tribal people would be restored
after amendments in 247 article of Pakistani
constitution. Elected representatives of FATA
deliberately pushed people towards wall after they
kept mum in a time when 18th amendment was
passed unanimously, he accused.
He informed that Frontier Crimes Regulations
(FCR) has deprived people from political, civil,
financial and democratic rights and due to it people
in tribal belt are compelled to reside in caves like
stone ages. Bureaucrats are sucking the blood of
tribesmen under the FCR and they have prevailed
like mafia on them, Mr Zarnoor remarked.
erming the holding of LG polls in war hit areas of
FATA as a ray of hope and it would greatly
20
decrease the miseries of them, he said and adding
an era of development would be begun and people
would be empowered at lower level.
He remarked that democracy would reach to grass
root level in tribal regions if LG polls announced.
During the dilapidated law in order condition in
FATA, education institutions, infrastructure,
hospitals and roads were utterly destroyed in one
way or other and a well equipped financial package
by federal government would help solve these
issues.
By Farid Shinwari
Source: http://www.thefrontierpost.com/article/5292
5/
Parties and lawyers denounce FATA
rights violations
GHALANAI: All FATA Political Parties Alliance
(AFPPA) and FATA Lawyers Forum (FLF) urged
the National Assembly to approve amendments in
Article 247 of the constitution of Pakistan. This was
said in a joint conference of AFPPA and FLF
chaired by the president of AFPPA Nisar Mohmand
and FLF president Ijaz Mohmand, at Mohmand
press club.
In the event Dr Farooq Afzal, Malik Daud Khan,
Naveed Ahmad, Sajid Khan Mohmand, Malik Nisar
Haleem zai, Haji Shamroz Khan, Zard Ali Khan,
Malik Azmat Khan, Fazal Hadi, Arshad Khan and
Advocate Rasheed including others participated.
During the conference, article 247 of the
constitution of Pakistan was claimed to be
contradictory with human rights. It was also
observed that the bill for amendments in article 247
is now pending for National Assembly after it is
approved by Peshawar High Court and Supreme
Court. The members urged FATA parliamentarians
to take effective measures for approval of
amendments from the National Assembly.
They also stressed on the need for provision of
relief for the people of FATA who are affected by
the ongoing war on terror. Innocent people are
imprisoned for collective crimes responsibility and
are released after payment of heavy penalties. The
members also demanded for abolishing this
system. Both the AFPPA and FLF showed their
determination for collective efforts to stop excesses
with innocent people with in their legal limitations.
Source: http://www.dailymashriq.com.pk/uploads/a
ttachments/1388383565_11.gif
Protection of fundamental human rights
demanded in FATA
BAJAUR AGENCY: Speakers at a seminar held
here in connection with “International Human
Rights Day” on Tuesday termed Frontier Crimes
Regulation, absence of fundamental rights and a
proper social justice system as main hurdles in the
development of Federally Administered Tribal
Areas and urged the government to take speedy
efforts for the provisions of basic constitutional
rights to tribesmen.
All Bajaur Political Parties Alliance (ABPA)
organized the seminar, where leaders of various
political and religious parties, tribal elders,
tribesmen and a number of social activists were in
attendance.
All Bajaur political parties Alliance president Gull
Dad Khan, Pakistan Muslim League- N member
National Assembly Shahab ud Din Khan, PML-N
leader Haji Rahat Yousaf, Dr Mohammad Gull
Pechawal, Society for the protection of Rights of
children Agency Coordinator Hanifullah Jan and
Haji Sultan Khan Umary of PTI addressed the
seminar.
They said that provision of basic human rights to
the tribal areas is the long standing demand of
tribesmen because it’s necessary for the
sustainable development and progress of the
region.
“The tribesmen are the citizen of Pakistan but we
don’t know why the government has deprived them
of fundamental rights as we believe that tribal
people can’t make progress until constitutional
rights and social justice are provided to them”,
political leaders urged.
The speakers criticized the federal government for
not taking practical steps for the provision of
fundamental rights to the tribal people.
Speaking on the occasion Pakistan Muslim league-
N law maker from Bajaur Shahabuddin Khan said
the federal government was committed to extend
civil law and fundamental rights to Federally
Administered Tribal areas. He claimed that efforts
have been speed up to provide basic civic facilities
and constitutional rights to the tribesmen and a
comprehensive reforms package for the FATA
would be announced soon.
“I have convinced the Prime Minister that Frontier
Crimes Regulation (FCR) and lack of constitutional
rights are main hurdles in way of tribesmen
progress and I hope new reforms packages would
21
help in bringing positive changes in the lives of
tribesmen”, he added.
By Anwarullah Khan
Source: http://frc.com.pk/news/protection-of-
fundamental-human-rights-demanded/
Tribal jirga demands reforms for
sustainable peace
The tribal jirga adopted a unanimous resolution in
which seeking to immediate end all kind of military
operations in Fata, ensure provision of basic rights
to tribesmen as given in the constitution.
The resolution also demanded to abolish article
247 of the constitution, which would ensure basic
right to tribal people, extension of jurisdiction of
supreme and high court to Fata, holding of local
bodies’ elections there.
Elders and leaders of various political parties from
Fata have underscored the need for establishment
of sustainable peace, to bring prosperity,
development and change in social-fabric of people
in Federally Administered Tribal Areas, called upon
the government to end all military operations,
asked to make serious efforts for establishment of
peace in Fata.
They further said all peaceful means should be
used for establishment of peace in Fata, while
force policy need to immediate abandon in this
regard. The government should take serious steps
for reconstruction and rehabilitation of education,
health infrastructure, and to provide other basic
facilities to tribesmen on priority basis, while an Rs
200 billion as compensation package for Federally
Administered Tribal Areas should also be
announced, they demanded.
They expressed these views while addressing at a
grand tribal jirga organised by Fata Political
Alliance, an amalgamation of eight political parties
in tribal region, here at Nishtar Hall Peshawar on
Saturday. Leaders of political parties’ from Fata
include PPP Akhunzada Chattan, Jamaat-i-Islami
Zarnoor Afridi, Haroon Rashid, Jamiat-e-Ulema
Islam-Fazl Mufti Abdul Rasheed, PTI Mohammad
Iqbal Afridi, Qaumi Watan Party Hashim Babar,
PML-Nawaz Rahmat Salam Khattak, PML-Qauid
Ajmal Wazir, Awami National Party Abdul Latif
Afridi and Bashir Khan Matta, along with elders
from various tribal agencies, spoke on the
occasion.
The speakers said that Fata has been badly
affected due to the ongoing war against terrorism,
while hundreds were killed and thousands had
been rendered homeless in wake of military
operations in the tribal region. The tribesmen, they
said are being faced with severe economic and
social challenges under the present circumstances
in Fata. More than 500 schools have been
destroyed, while the education and health facilities
are also next to nil in tribal areas, they added.
According to participants, said about 80 per cent
people had left from South Waziristan agency and
live life in tents as refugees in their own country.
Whereas, they said the military operations and US
drone attacks have made psychological paralyse.
Later, the tribal jirga adopted a unanimous
resolution in which seeking to immediate end all
king of military operations in Fata, ensure provision
of basic rights to tribesmen, as given in the
constitution. The resolution also demanded to
abolish article 247 of the constitution, which would
ensure basic right to tribal people, extension of
jurisdiction of supreme and high court to Fata,
holding of local bodies’ elections there.
It was also sought to announce an Rs 200 billion
as compensation for displaced tribesmen and
collateral damages in Fata. The resolution further
demanded to hold local bodies’ elections in
Federally Administered Tribal Areas, like other
parts of the country, to give the democratic right to
tribal people.
It was asked the government to make serious
efforts for provision of basic health and education
facilities, infrastructure development, and other
basic amenities in the Fata.
Source: http://www.brecorder.com/general-
news/172/1266575/
Provision of basic rights for FATA people
demanded
PESHAWAR: Ameer Jamaat-e-Islami for Khyber
Pakhtunkhwa, Professor Mohammad Ibrahim Khan
has demanded federal government to help solve
the problems of tribal people and provide them
their fundamental rights.
Professor Ibrahim expressed these views during an
oath taking ceremony held in Almarkaz-e-Islami on
Wednesday in which he took oath from Sahibzada
Haroonur Rashid as newly elected Ameer for
FATA. He was elected for term of three years from
22
2013 to 2016 and other officer bearers also took
oath on the occasion.
Provincial Ameer in his address applauded tribal
people for patriotism and said that hatreds would
spread among them owing to drone strikes.
However Dr Munsif Khan, Dr Sami Ullah Jan,
Zarnoor Afridi, Sardar Khan, Shah Jahan Afridi and
Awal Gul Afridi and Maulana Jan Zamin were
elected as secretary general, deputy secretary
general, Naib Ameer, Naib Ameer, secretary
information, in charge Alkhidmat Foundation and in
charge of Fahm-e-Din respectively. Qari Subhan
Ullah Ameer of Mohmand Agency, Ameer for
Bajaur Agency, Maulana Waheed Gul and Ameer
Khyber Agency Ikhtiar Bad Shah Afridi were also in
attendance on the occasion.
Mr Ibrahim demanded federal government that
basic rights to tribal people should be provided on
priority basis and they had offered sacrifices for the
wellbeing of the country.
All Parties Conference (APC), JI Ameer said.
Sahibzada Haroonur Rashid speaking on the
occasion said that federal government should
announce holding local bodies’ elections in tribal
belt like other part of the country and tribesmen will
willingly participate in the process in order to
change its life. He informed that holding of local
government elections is the right of tribal people
and it should provided at any cost.
By Farid Shinwari
Source: http://www.thefrontierpost.com/article/5597
2//
Local Bodies for FATA
FATA left out as provinces plan local
elections
SHABQADAR: With all four provinces preparing for
local bodies elections, residents of the Federally
Administered Tribal Areas (FATA) say they have,
once again, been ignored.
Akhunzada Chitan, former MNA from Bajaur and
Pakistan Peoples Party central executive
committee member, has threatened to hold a long
march if the elections are not held in FATA.
“Residents have become a victim to militancy and
it is important to empower the tribal people through
local government.”
FATA Reforms Movement General Secretary Zahir
Shah Safi said while all provinces are busy with
local bodies elections, no paperwork has been
done for the tribal agencies.
Safi said two draft bills have been prepared for
FATA. The first was drafted in 2002 under which
the first local government elections were held. The
draft, however, does not fully authorise elected
representatives to implement decisions such as the
distribution of funds.
The second draft was prepared in 2012. The
government had announced to introduce urban
councils in FATA but the plan did not materialise.
Safi criticised the 2012 reforms regarding urban
councils and said all powers were focused in the
hands of the governor and his representative
political agent. He demanded a local body system
whereby elected representatives have more
authority in financial matters such as tax collection
and public expenditure.
Social worker Mir Afzal Mohmand criticised the old
system and said the government must consult
elders on the matter. Agency councils and union
councils in tehsils should be established, which
should be extended to the FATA council if
required, he said.
Political agents should only have authority in law
and order matters, Safi said.
By Mureeb Mohmand
Source: http://tribune.com.pk/story/624937/local-
bodies-elections-fata-watches-from-the-sidelines-
as-provinces-scuttle-for-lg-polls/
Government asked to announce schedule
for local bodies polls in FATA
KHAR: Speakers at a seminar held here in
connection with the International Human Rights
Day demanded of the federal government to
announce schedule for holding local bodies’
elections in the tribal areas. They noted that local
government system was not only vital for providing
basic and modern facilities to the tribal people but
also very important for monitoring development
activities.
All Bajaur Political Parties Alliance organised the
seminar, where leaders of various political and
religious parties, tribal elders and social activists
were in attendance.
23
The speakers highlighted that Frontier Crimes
Regulation, absence of fundamental rights and a
proper social justice system were the main hurdles
in the development of FATA.
They said the rulers were not ready to extend
fundamental rights to the people of FATA for
ensuring sustainable development and progress of
the region.
“The tribesmen are citizens of Pakistan but the
government is keeping them deprived of their
fundamental rights,” said political leaders.
They demanded of Prime Minister Nawaz Sharif to
provide them their fundamental rights.
Speaking on the occasion, PML-N MNA from
Bajaur Shahabuddin Khan said the federal
government was committed to extending
fundamental rights to FATA.
Source: http://www.dawn.com/news/1072168/govt-
asked-to-announce-schedule-for-lg-polls-in-fata
Experts demand local elections in
Pakistan tribal areas
PESHAWAR: Political leaders and social activists
from the Federally Administered Tribal Areas
(Fata) reached a consensus over their demand for
local government (LG) elections in the tribal areas
at a conference organised by the FATA Research
Centre (FRC) in Peshawar.
Speaking to the media after the roundtable
conference, FRC President Dr Ashraf Ali said
attendees had reached the consensus that
residents of Fata have been deprived of their basic
rights for long enough. According to Ali, the people
had been suppressed, and the state’s “deprivation
policy had created a vacuum, which is now being
filled by militants.”
He said the time has come to give Fata the right to
vote and elect their own representatives at a grass-
roots level. Ali said the manifestos of all parties
state they will bring Fata into the political
mainstream – the first stage of which is
empowerment for the locals.
“Unfortunately, the political parties of Pakistan are
silent over the issue. If LG elections are held all
over the country, why should they not be held in
Fata as well?”
Dr Ali, explaining the format for elections, insisted
there must be three tiers to the government: union
councils, tehsil councils and agency councils. A
Fata council was also suggested at the
conference.
“A political agent is the uncrowned prince of an
agency,” he said. “Until his powers are significantly
reduced, this system will not work.”
Flanked by Awami National Party leader from
Bajaur Agency Sheikh Janzada and a political
analyst from Mohmand Agency, Said Nazeer, Dr
Ali reminded participants about Fata’s natural
resources. When the people’s representatives are
given actual governance rights, Fata will not only
fulfil its own needs but cater to the rest of Pakistan
as well, claimed Ali.
To a question about the Frontier Crimes
Regulation (FCR), Ali told The Express Tribune it is
a fact that FCR is not progressive for the region.
He claimed Fata parliamentarians held no power
over legislation and were given meagre resources
to work with. However, Ali expressed hope that
democracy would gradually be strengthened in the
area.
FATA Reforms leader Zahir Shah Safi told
participants though the law and order in the region
is not stable, it can be overcome through proper
representation. Safi emphasised elections must be
held through the election commission and not
political agents.
Source: http://tribune.com.pk/story/675329/power-
to-the-people-pressing-demands-for-local-bodies-
elections-in-tribal-areas/
Governor says local elections to bring
positive change in FATA
ISLAMABAD: Governor of Khyber Pakhtunkhwa,
Engineer Shaukatullah has said Local Bodies
elections will bring positive changes in FATA like
other parts of the country.
Talking to a private TV channel, KPK Governor
said holding of Local Bodies elections in FATA was
not something of forbidden nature; adding that
efforts were being made to bring the area at par
with other parts of the country by holding the LG
elections there and bringing positive reforms in
accordance with wishes of the tribesmen.
He said local government elections will be held in
FATA under similar programme which applied in
other parts of the country. If needed, some minor
changes can be made with the consent of the
tribesmen.
24
By Parvez Jabri
Source: http://brecorder.com/pakistan/general-
news/152421-lb-elections-to-bring-positive-
change-in-fata-governor-kpk.html
Sherpao for local bodies polls in FATA
PESHAWAR: Expressing concern over the
problems faced by the tribal people, Qaumi Watan
Party (QWP) has urged the government to hold
local bodies’ elections in Federally Administered
Tribal Areas (FATA).
Addressing a press conference here on Sunday,
QWP chairman Aftab Ahmed Khan Sherpao said
that tribal people could not get easy justice and
basic rights in the presence of Frontier Crimes
Regulation. The system needed urgent reforms, he
added. Several tribal elders and activists of Awami
National Party, led by Abdur Rahim Afridi, Haider
Khan, Amjad Afridi, Shaukat Khan and Zarmat
Khan, hailing from Khyber Agency announced to
join QWP on the occasion.
Mr Sherpao said that despite tall claims,
successive governments did not bring FATA
people into the mainstream so that they could also
elect their representatives through ballot and raise
voice for their rights. He said that government was
bound to implement FATA reforms in real sense.
The QWP chief said that tribal people were facing
the worst kind of situation owing to lawlessness as
thousands of them were forced to live in camps
without basic facilities.
He asked the government to announce a special
financial package for development of FATA to
bring it at par with other parts of the country. He
called upon the international community to come
forward and help the Pakhtuns to get access to
education, health and other facilities.
Mr Sherpao said that a step-motherly attitude was
meted out to the Pakhtuns. He asked the
government to provide facilities to the internally
displaced persons (IDPs) from FATA as they were
living in pathetic conditions in different camps and
residential colonies.
The QWP chief said that tribal people rendered
matchless sacrifices for restoration of peace so the
government should compensate them for the
losses they suffered.
He said that he would soon visit IDP camps to
express solidarity with the dislocated people and
inform authorities about their problems. “We are
serving people irrespective of their political
affiliations and efforts will be made to support them
in this hour of need,” he added.
Source: https://dawn.com/news/1061467/sherpao-
for-holding-lb-polls-in-fata
FATA parties alliance demands local
bodies elections
PESHAWAR: The FATA political alliance
demanded the federal government to hold local
bodies’ election in federally administered tribal
areas (FATA) here on Monday at Bacha Khan
Markaz Peshawar.
The meeting was attended by leaders of different
mainstream political parties of the country including
Syed Wali Shah of PML-N, Shahid Orakzai of
PML-Q, Senator Abdur Rashid of JUI-F, Syed
Akhoon Zada Chittan of PPPP, Latif Afridi of ANP
and Zarnoon Afridi, Ameer-e-Jamaat-Islami FATA
chapter.
The main issues discussed at the meeting
remained the restoration of peace in tribal areas,
rehabilitation and reconstruction of FATA and the
local government elections in Fata.
Awami National Party leader Latif Afridi told FRC
that all the participants attending the meeting
agreed on one point agenda to hold a grand FATA
convention on December 21 in Peshawar where
they will urge the government to pay heed to their
valid demands.
Source: http://frc.com.pk/news/fata-alliance-
demanded-lg/
FATA political parties demand local
elections
JAMRUD: Leaders of various political parties in
Khyber Agency Sunday called for holding the local
government elections in tribal areas.
Representatives of the Pakistan People’s Party,
Jamiat Ulema-e-Islam-Fazl, Jamaat-e-Islami,
Qaumi Watan Party, Awami National Party,
Pakistan Tehreek-e-Insaf and Pakistan Muslim
League-Nawaz held a meeting in Jamrud.
The participants demanded the PML-N-led federal
government to conduct free and fair local
government elections. QWP leader Asad Afridi said
25
tribal people had suffered due to militancy and now
wanted to move forward.
Source: http://www.thenews.com.pk/Todays-News-
7-217627-Fata-political-leaders-demand-LG-
elections
Bajaur Alliance to move court for local
government in FATA
KHAR: All Bajaur Political Parties Alliance
(ABPPA) has decided to move Supreme Court of
Pakistan for holding local government elections in
Federally Administered Tribal Areas (FATA).
The decision was taken in a meeting of ABPPA
held here on Tuesday with its president Maulana
Abdur Rasheed in the chair. The meeting was
addressed by Syed Akhunzada Chattan and
Aurangezb Inqilabi of PPP, Haji Rahat Yousaf and
Gul Kareem Khan of PML-N, Shah Naseer Khan
and Abdul Manan Kakajee of ANP, Maulana
Waheed Gul and Qari Abdul Majeed of JI, Gul Dad
Khan and Dr Khalilur Rahman of PTI and Haji Said
Badshah of PML-Q.
The participants of the meeting criticised federal
government for not holding local government
elections in FATA. They decided to file a petition in
the Supreme Court on November 25 to seek local
government elections in FATA.
They said that lack of constitutional rights and a
proper justice system were main hurdles in the
development of tribal areas.
“The people of tribal areas are also citizens of this
country. They can’t make progress until
constitutional rights, local government system and
other facilities are provided to them,” the political
leaders said.
They said that local government system was vital
for providing basic and modern facilities to tribal
people, who were deprived of their fundamental
rights.
Talking to journalists after the meeting, Mr
Rasheed said that the participants of the meeting
decided to file a petition in the Supreme Court for
holding local bodies’ elections in tribal areas.
“The purpose to file petition in the Supreme Court
is to force the federal government to announce
schedule for the local bodies’ elections in the tribal
areas because the rulers are not ready to extend
local government system to FATA,” he added.
The ABPPA president said that they would also
take leaders of other tribal areas into confidence
before filing petition in the Supreme Court.
Source: http://www.dawn.com/news/1057329/bajau
r-alliance-to-move-court-for-lg-polls-in-fata
Jirga urges government to hold local
elections in FATA
PESHAWAR: The FATA Political Alliance on
Monday asked the government to hold local
government elections in the tribal areas and
release a development package worth Rs200
billion for reconstruction and rehabilitation.
The demands were made at a jirga held at Bacha
Khan Markaz, the Awami National Party’s (ANP)
secretariat. The jirga was attended by leaders from
Pakistan Muslim League-Nawaz, Pakistan Peoples
Party, Jamiat Ulema-e-Islam-Fazl, Jamaat-e-
Islami, Pakistan Muslim League-Quaid and the
Qaumi Watan Party.
The leaders agreed to hold a grand FATA
convention on Dec 21 in Peshawar wherein they
would ask the govt to listen to their demands.
ANP leader Abdul Latif Afridi told the media the
jirga discussed restoration of peace, stability and
rehabilitation of Federally Administered Tribal
Areas (Fata) and holding local body elections in
tribal areas as the ones being held in the rest of
the country.
He said the jirga had unanimously asked the
federal government for a provision of Rs200 billion
to rehabilitate war-affected areas and displaced
residents.
Afridi added the jirga further demanded the
provision of basic human rights be ensured for the
people of Fata and the draconian laws which have
enslaved them for years be abolished.
Source: http://tribune.com.pk/story/637034/making-
plans-jirga-urges-govt-to-hold-lg-elections-in-tribal-
areas/
Tribal parties urge government to hold
local elections in FATA
Tribal leaders from various political parties have
demanded of the President Mamnoon Hussain and
Khyber Pakhtunkhwa Governor Shuakatullah Khan,
to announce holding of local bodies elections through
regulation in Federally Administered Tribal Areas
26
(FATA), termed that a conspiracy being hatched to
ignore tribal people from this democratic right.
“The government should prepare a draft for regulation
with consultation of relevant stakeholders, to properly
hold a local bodies polls in FATA, said the former
Senator and a tribal leader of Jamiate Ulema Islam,
Abdul Rashid, while briefing media persons at a news
conference at press club on Tuesday, regarding the
decisions and recommendations of jointly organised
“All Parties Conference”, which was held under
auspicious of different political parties here last day.
Flanked by Guldad from PTI, Haji Rahat and Anwarul
Haq of PML-Nawaz, Auranzeb Inqalabi and leaders
of other political parties, he informed that the holding
of APC was aimed to formulate a joint strategy for
coping with the issues being faced by tribal people
since last a decade. He viewed that the FATA was
kept deliberately economically, socially and
administratively backwards, by imposing prolonged
military operations and US drones attacks.
Rashid said the law and order is core issue of FATA,
which can only be addressed using all peaceful
means. “FATA has faced two types of wars, including
ground battle carrying out by security forces, while
other in shape of US drone attacks, in which innocent
tribesmen were killed, including women, children and
aged, he observed. “We only demand for
establishment of sustainable and durable peace by
using any means in FATA and rest of the country,
said Abdul Rashid.
“We would strongly support all those efforts, which
were merely taken by government and other
stakeholders for restoration of peace and ending of
prolonged militancy,” he appreciated. While
explaining the recommendations and decision of joint
APC, Abdul Rashid said that the establishment of
peace is utmost responsible of the government, which
need to fully materialise of its prime obligations with
effective manner.
Referring the introduction of reforms by former PPP-
led government in FATA, he said that the step was
not brought any significant change in social fabric of
the tribal society, as the reforms were yet to be
implemented in tribal region. He alleged that certain
forces were not willing to hold local bodies’ election in
FATA, under a well-organised plan and conspiracy in
FATA.
“It was totally unjust to keep FATA underprivileged by
such policies, he said, demanded to immediate hold a
local government elections to address the tribesmen
issues at the grass root level. Welcoming the ruling
PML-Nawaz convened APC in Islamabad, he said it
was a positive step of government for establishment
of durable peace in the country, particularly in Khyber
Pahtunkhwa and FATA. But, he asked government to
immediately initiate peace-talks with Taliban without
any further delay.
He demanded the tribesmen should also be
consulted prior to initiation of peace-dialogue as key
stakeholder in this process.
During the all parties’ conference, he informed that a
committee was unanimously constituted comprising
of all representatives from political parties. The
committee members, he said were included
Akhunzada Chattan from PPP, Abdul Latif Afridi of
ANP, Syed Wali Shah of PML-N, Iqbal Afridi from
PTI, Jamaat-i-Islami Zar Noor Afridi, Shahid Orakzai
from PML-Q, while he himself representing from JUI
side.
Source: http://www.brecorder.com/general-
news/172/1239496/
FATA Democratic Movement demands
local elections
MOHMAND: Spokesman of FATA Democratic
Movement (FDM) Gul Nawaz Khan Mohmand in his
address expressed the need of local government
elections in FATA. He said that FATA is part of
Pakistan and that the Constitution of Pakistan should
also be applicable to FATA. The shift of authority to
local level is indispensable, said Gul Nawaz Khan,
while commenting on major problems and challenges
faced by the people of FATA.
Khasadar and Levy forces sacrificed their lives for the
State and has made an unforgettable contribution to
the country during this historic and disastrous
situation, he further added. Gul Nawaz demanded
salaries and benefits of Khasadar and Levy forces to
be equivalent to those of security forces elsewhere in
the country.
Source: http://www.dailyaaj.com.pk/epaper/epaper/13
82640913_201310245402.jpg
27
Development
President says Pakistan development
linked with FATA uplift
“Prosperity and peace in the country were directly
related to development in the tribal areas. The
government was keen to ensure uplift of the
Federally Administered Tribal Areas (FATA).”
ISLAMABAD: President Mamnoon Hussain on
Wednesday urged the nation to stand united and
support efforts of government for countering
extremism and terrorism, that posed a challenge to
the country.
Addressing a grand tribal jirga here at the Aiwan-e-
Sadr, the President lauded the people of tribal
areas for being at the forefront in the war against
terrorism and confronting difficulties with courage,
determination and patience.
He said terrorism had not only damaged the
national economy and brought a bad name to the
country but also maligned Islam a religion of peace
and security. The nation would have to rise above
petty differences and strive hard to highlight the
peaceful identity of Islam and Pakistan, he added.
The President said he firmly believed that the
people of FATA were fully aware of their duties
towards the country and would continue to use all
their energies in the best national interests.
Pakistan is our motherland and it is our obligation
to ensure its security and protection.
He said prosperity and peace in the country were
directly related to development in the tribal areas.
The government was keen to ensure uplift of the
Federally Administered Tribal Areas (FATA).
The President said the new democratic
government was heading in the right direction and
expressed satisfaction that all resources were
being utilized to provide amenities of life to the
tribal areas at par with other parts of country. He
said the government had allocated a huge amount
for projects in tribal areas under the development
programme this year. With these steps, the tribal
people would not only get employment
opportunities but also an improved living standard.
President Mamnoon said the development
programme for tribal areas would focus on
education, health, clean drinking water, electricity
through solar energy, agriculture, forestry, irrigation
and technical training. He said the projects would
guarantee a new era of economic and social
prosperity.
The event was attended by tribal elders from all the
tribal agencies, besides Khyber Pakhtunkhwa
Governor Engr. Shaukat Ullah Khan,
parliamentarians and senior officers.
Source: http://brecorder.com/top-news/108-
pakistan-top-news/149361-countrys-development-
linked-with-uplift-of-tribal-areas-president.html
Increase in educational expenditure fails
to boost female literacy in FATA
Literacy rate for FATA still stands at only 24.5%
PESHAWAR: Literacy rate for girls stands at a
modest 10.5% compared to 36.66% for boys despite
considerable expenditure incurred by the FATA
Secretariat to improve education statistics in the
Federally Administered Tribal Areas (Fata) and
Frontier Regions (FRs).
According to the Annual Development Programme
2013-14 for FATA, Rs3.68 billion has been allocated
for education, of which Rs2.8 billion is being used for
184 ongoing schemes while Rs877 million will be
used for 33 new schemes. But the literacy rate for the
area still stands at only 24.5% even in wake of
significant expenditures made by the FATA Education
Department.
According to the FATA Education Atlas 2011-12
report released by Directorate of Education FATA
Education Management Information System, the
proportion of girls enrolled in educational institutions
stands at 7.5% in South Waziristan, 4.26% in North
Waziristan, 21.03% in Kurram Agency, 4.75% in
Bajaur, 5.72% in Mohmand Agency, 5.15% in Orakzai
Agency and 16.13% in Khyber Agency.
Similarly, the proportion stands at 5.88% in FR DI
Khan, 1.81% in FR Lakki Marwat, 2.28% in FR Tank,
1.07% in FR Bannu, 24.09% in FR Kohat and 16.66%
in FR Peshawar.
The report states around 124,424 girls were enrolled
in 1,551 primary schools, 19,614 girls enrolled in 158
middle schools, 13,837 girls enrolled in 42 high
schools and 1,134 girls enrolled in five higher
secondary schools in Fata.
It adds out of 1,015 primary schools for girls in FATA,
87 have no boundary walls; 583 have no drinking
water facilities; 454 have no electricity; and 344 have
no toilets.
In addition to lack of basic facilities in educational
institutions, tuition fees remain unaffordable for the
28
general public, despite the current abysmal teaching
standards.
Assistant Director Education FATA Zar Wali said
recent militant activity and poor law and order in
FATA has hampered girls education. He said the
government is now taking steps to provide education
in all areas of FATA.
Atiqur Rehman said lack of awareness and
mobilisation has adversely affected girls education in
FATA.
Zar Wali added the education budget has increased
significantly which will boost literacy rates in the tribal
belt. He also claimed the main focus of the
government is to improve female literacy rates in the
area.
Agency Education Officer of Khyber Agency Atiqur
Rehman said lack of awareness and mobilisation has
adversely affected girls education in FATA. He said
cultural barriers are also an impediment to promoting
female education.
Rehman added Bara tehsil of Khyber Agency is the
area hardest hit by the ongoing insurgency. Most
government schools were destroyed in the area as a
result of militant activity while the remaining schools
in Jamrud and Landikotal tehsils are in poor
condition.
Rehman said they are trying their best to facilitate
female education in the area but are suffering from a
severe shortage of funds.
Source: http://tribune.com.pk/story/614898/telltale-
statistics-increase-in-educational-expenditure-fails-to-
boost-female-literacy-in-fata/
Public representation in monitoring
FATA development
ISLAMABAD: Senate Standing Committee on States
and Frontier Regions (SAFRON) Thursday stressed
the need to involve public representatives in
monitoring of different developmental schemes in
FATA. Chairing a meeting here in Parliament house,
Senator Muhammad Saleh Shah expressed serious
concern over the developmental schemes in
Federally Administered Tribal Area (FATA) and
finalization of ADP.
Secretary P&G, Zahir Shah informed the meeting that
ADP finalized with the approval of Governor and
published before budget every year. He said before
the finalizing the schemes, ADP consult all
stakeholders including parliamentarians. The
secretary said that details of all the schemes
mentioned in the ADP documents and if any
parliamentarians have any concern they can check
and give suggestions for amendment according to
rule and law.
Zahir Shah had given the details of FSSP fund in
FATA and said that 289 projects out of total 346 had
been completed while remaining 67 projects were
under process and would complete till March 2014 in
Bajaur, Mohmand and Orakzai Agencies. He said that
the scheme was funded by US government, adding
that US also funding different other projects with
different names in other agencies of FATA.
The minister said that the donors were funding for the
people of FATA therefore public representatives
should be involved for monitoring of projects. Political
Agent of Khyber Agency said that the record of
generated revenues and expenditures shared with
FATA secretariat on monthly basis. He informed the
committee that not a single permit for fertilizer issued
since last three years. The meeting was also
attended by federal minister SAFRON Abdul Qadir
Baloch, Senators Ahmed Hassan and Hilal-ur-
Rehman, Additional Secretary SAFRON, Secretary
(P&G)/DG Projects FATA Zahir Shah and Political
Agent of Khyber Agency.
Source: http://pakobserver.net/detailnews.asp?id=22
0648
New ban on NGO registration violates
constitution
“The Ban on Reregistration of new NGOs under
Voluntary Social Welfare Agencies Registration
and Control Ordinance 1961 is against the
constitution of Pakistan.”
PESHAWAR: The Pakhtunkhwa Civil Society
Network (PCSN) which is an umbrella of civil
society organization of Khyber Pakhtunkhwa and
FATA criticized the ban by the KP Govt on the
registration of new NGOs under Voluntary Social
Welfare Agencies Registration and Control
Ordinance 1961 and said that is against the
constitution of Pakistan and the Govt of KP should
revisit its polices.
The Convener of the Pakhtunkhwa Civil Society
Network (PCSN) Qamar Naseem said that this
step is not only against the constitution of Pakistan
which gives the right to everyone to form an
association or union. According to article “every
citizen shall have the right to form associations or
unions, subject to any reasonable restrictions
imposed by the law in the interest or integrity of
Pakistan, public order or morality.”
29
There are already provisions in the law which gives
rights to the registration authority to deregister the
organization who are not reporting back to the
Govt or involved in activities which does not fall
under their mandate therefore there is no need to
put such a ban which is also in contradiction with
the Universal Declaration of Human Rights (UDHR)
and is a human right abuse.
Mr. Qamar Naseem said that the non-profit sector
in Pakistan is characterized by diversity and
vibrancy, and in recent years it has grown
considerably. The Govt of Pakistan and the
provincial Govts are trying to regulate the nonprofit
sector of Pakistan which is the backbone of the
Pakistani civil society.
Pakhtunkhwa Civil Society Network (PCSN) is
noticing that at this stage the relationship between
state and the NGOs sector is adversarial in which
there are no common starting points and no wish
from either side to search out areas of agreement
and this isolation is disappointing.
The Pakhtunkhwa Civil Society Network (PCSN)
strongly believe that there is need to Initiate
dialogue among CSOs and with Govt on this
situation and both actors should mutually work for
the creation of an enabling legal, institutional and
democratic environment for NGOs to operate.
There is need to promote collaboration between
Government, NGOs and other stakeholders to
improve relations and enhance the pursuit and
attainment of free and enabling environment.
Source: Pakhtunkhwa Civil Society Network
(PCSN)
Officials stress judicious spending on
FATA
PESHAWAR: Additional Chief Secretary Arbab
Muhammad Arif has urged the financial managers
of the Federally Administered Tribal Areas (Fata)
to ensure judicious spending of every rupee meant
for the wellbeing of the people.
While addressing the second workshop on Public
Financial Management and Accountability
Assessment held by the World Bank on Monday,
Arif said it was time to work hard for change in
Fata. We need to make sure that each rupee
coming in is spent on the betterment of the
people. Arif expressed hope the suggestions made
at the workshop would help the FATA Secretariat
design a future road map.
In his opening address, World Bank Senior
Governance Specialist Sher Shah Khan said the
management of the FATA Secretariat deserves
appreciation for leading the public financial
management process. More than 100 countries are
following the Public Expenditure Financial
Assessment. He further added that it is purely
evidence-based and that the framework is very
clear about the criteria. Mr. Khan called the
financial manager that you are the best judges of
evidence, so please make sure that all resources
are utilised for the best delivery of service.
Fata Finance Secretary Syed Waqarul Hassan,
Planning & Development Secretary Zahir Shah,
among other officials, were present on the
occasion.
Source: http://tribune.com.pk/story/649621/money-
matters-officials-stress-on-judicious-spending-for-
fata/
Proposed FATA youth policy in conflict
with ground reality
PESHAWAR: The draft FATA Youth Policy aiming
at galvanizing the disenchanted youth of the
Federally Administered Tribal Area seems absurd
in the face of ground realities in this
underdeveloped region of the country.
The draft declares respect for human rights as
enshrined in the last address of Holy Prophet
Mohammad (Peace Be Upon Him), as adopted in
the Universal Declaration of Human Rights 1948
and as in the fundamental rights endorsed by the
Constitution of Pakistan 1973` as core values and
principles of the proposed policy.
In fact, these values and principles are in stark
contrast to the Frontier Crimes Regulation (FCR),
which is described as ‘black law.’ The FCR and the
existing system of governance in FATA clearly
contradicts universal values and charters of human
rights and therefore, human rights declaration and
the FCR can`t be put together.
Instead of engaging youth of FATA in populist
rhetoric, the government should free tribal people
from the clutches of draconian system prior to
introducing any policy.
The 40 pages document shows that architects of
the draft are oblivious of the system existing in
FATA.
Article 247 of the Constitution provides that no act
of parliament applies to FATA without the consent
of the president of Pakistan.
30
Presently, tribal people have no right of appeal in
the Supreme Court and the high court.
The draft has been uploaded on official web portal
of the Civil Secretariat, FATA and social media
network for seeking feedback from stakeholders.
The secretariat is likely to hold a seminar in
Peshawar in a couple of days to get input of
stakeholders on the proposed policy before
adjusting it in the draft and notifying it.
The Khyber Pakhtunkhwa governor with the
consent of President Mamnoon Hussain will sign
the policy.
The proposed policy’s aims and objectives are to
mainstream and prioritise youth on the agenda of
public policy of FATA as a cross-cutting theme,
promote and support youth development
organisations by recognition, facilitation and
stronger networking and coordination and define
and enforce standards for youth development
organisations within its mandate to ensure quality,
transparency and accountability. They also
suggest gender equality and protection of the
rights of minorities residing in FATA.
Highlighting salient features of strategic action plan
for the proposed policy, the draft says democratic
and politically empowered youth are the need of
the hour and therefore, political empowerment of
the youth will materialise by instilling a sense of
ownership and legitimacy through their
involvement in electoral and legislative processes
at different levels of governance.
For the purpose, manifestos of political parties
should elaborate their youth development agendas
for FATA, and must be communicated to the FATA
youth by the relevant political party and through
media awareness campaigns. Student unions have
been banned in educational institutions, including
universities, across the country since 1980s, while
the draft of the FATA Youth Policy recommends
that student unions/councils with pro-peace,
women-friendly and student-centered politics need
to be established at colleges and universities.
Before drafting policy for youth, the government
will have to introduce constitutional, administrative
and judicial reforms in the region to bring it on a
par with other parts of the country.
Article 247 of the Constitution needs to be revisited
in order to extend the role of parliament to FATA,
while the jurisdiction of the superior courts should
be extended.
Political empowerment of tribal youth is possible
only through local body system, the basic tier of
democracy.
The draft has extensively focused on exchange
and scholarship programme, education for youth
development, interest-free loans, and
entrepreneurship, establishment of commissions,
and appointments, but census of youth population
has been ignored. In absence of accurate data,
strategic goals and objectives can’t be achieved.
Thousands of tribal youth under the age of 29 have
gone abroad for higher education as well as skilled
and unskilled workers, but youth from FATA living
abroad have been ignored in the policy draft.
FATA needs integration among its tribes living in
various parts, but keeping their clan identity alive,
which is the main hurdle to their social progress.
Sometimes back, it was planned in the FATA
Sustainable Development Programme to construct
the FATA Highway, which must pass through all
tribal agencies before abutting the settled areas’
roads.
The establishment of universities, professional and
vocational institution across the FATA is necessary
to bring students of various clans on one regional
platform.
Currently, students from different tribal agencies
have formed organisations in colleges and
universities in settled areas of the province to
express their identity on ethnic grounds.
By Zulfiqar Ali
Source: http://dawn.com/news/1083506/proposed-
fata-youth-policy-in-conflict-with-ground-realities
31
Frontier Crimes Regulation
(FCR)
Governor wants seminar to propose FCR
changes
PESHAWAR: A high level meeting presided over
by Governor Khyber Pakhtunkhwa, Engineer
Shaukatullah here at the Governor’s House
Peshawar on Thursday regarding the suggested
amendments in the Frontier Crimes Regulation
(FCR) in the tribal areas for the betterment of the
people of FATA. A detailed briefing was also given
to the Governor from the officials of FATA
Secretariat.
Governor Khyber Pakhunkhwa Engineer
Shaukatullah has said that the effective steps
would be taken for the uplift of tribal people and
directed the relevant authorities to arrange the
seminars and campaigns for the awareness of the
people of FATA regarding suggested amendments
in the FCR and to make the detailed proposal
about such changes in FCR.
While chairing the high level follow up meeting of
President’s visit at Governor’s House Peshawar,
he said that the problems faced by the tribal people
would gradually be resolved and assured that the
suggested amendments would be completed and
forwarded to President for endorsement soon.
Highlighting the immediate needs of the tribal
people, the Governor said to protect the rights of
the tribal people; the suggested amendments in
FCR are immediate requirements. He also said
necessary steps would be taken and directed to
assure the participation of the tribal elders and
political leadership to make the proposal regarding
such amendments. He emphasized that the
relevant authorities should play their effective role
to empower the FATA tribunal and to protect the
rights of the people of FATA. Additional Chief
Secretary FATA, Arbab Muhammad Arif, Chiarman
FATA Tribunal, Shah Wali Khan and other relevant
authorities were also present in the meeting.
Meanwhile Governor Khyber Pakhtunkhwa,
Engineer Shaukatullah has directed all the
administrative authorities to adopt austerity
measures in the departments of Livestock and
Irrigation and to ensure the effectiveness of the
respective departments. He also said to make sure
the quick implementation of the reforms for the
larger interests of the people of FATA and
categorically stated that no compromise would be
accepted in the improvement of overall efficiency
of the respective departments.
He was chairing a high level meeting at Governor’
House on Thursday. A detailed briefing was given
to Governor from the officials of both the
departments, Livestock and Irrigation, all the
administrative officials attended the meeting.
He directed for proper follow up in the measures
taken to resolve the problems faced by the tribal
people. He also directed the officials of the
respective departments that efforts should be
accelerated to come up to the expectation to the
people of FATA and to bring constructed changes
according to the needs.
He emphasized and directed to increase the quota
for the students of FATA in respective Universities
of the country in the departments of Livestock and
Irrigation and to make sure to fill the deficiencies of
the staff of veterinary hospitals and dispensaries.
The Governor admitted that though it is a big
challenge but urged the relevant authorities to
utilize their services for improving the system with
fully coordinating each other and playing their
active role in the implementation and ensuring the
desired results for the betterment of tribal people.
Source: http://www.thefrontierpost.com/article/6872
7/F.P-Report/
FATA students arrested under FCR
PESHAWAR: Despite loud and tall claims of the
Pakistan People’s Party led government to bring
the so called historical amendments in Frontier
Crimes Regulation (FCR) within the limits of FATA,
the political administration in tribal areas are
frequently using the FCR as was in the days of
British rather worse than that.
Qader Khan, a local of Pepali Kabul Khel of North
Waziristan reported that his two relatives who both
are school going students have been arrested in a
tribal conflict case while the conflict has nothing to
do with the tribe they belong from.
“We belong to Pepali tribe while the clash is going
on between Shameeri and Saifali tribes of North
Waziristan Agency” Qader said adding that one of
the students is reading in sixth grade and the other
is in ninth grade.
It was informed that the political administration
arrested the two students identified as Abdullah
Khan S/o Pir Dil Khan a student of Rizwan Public
32
School in 9th grade and Saeedullah Khan S/o
Bismellah Khan a student of Wensom Public
School in 6th grade, when they were going back
from schools to their homes.
“They are in jails for the last three weeks while
their exams are coming closer,” Qader lamented
adding that if they were not released immediately,
their future would become dark as they are too
young to be sent to jail.
He told that though the government has
announced concessions for the students that they
would not be held under FCR but the political
administration is still using the weapon of FCR
ruthlessly against all indiscriminately which is not
only illegal and also against basic human rights.
He said that Mirali Administration has also written
to the political agent for the release of the students
but still they are behind the bars. He demanded of
the Governor and the political agent North
Waziristan Agency to set free the students as their
future was in doldrums and their exams are quite
closer which can affect their efficiency.
By Ihsan Dawar
Source:
http://thefrontierpost.com/article/74917/Two-NWA-
students-arrested-under-FCR/
FCR amendments urged for betterment
of tribal people
“Chittan emphasized that the local government is
the unit of democracy and local government
elections should be held in FATA and powers
should be devolved at union council level.”
ISLAMABAD: Speakers at a policy level seminar
on Thursday demanded that the government
empower FATA legislators to make laws for the
betterment of tribal people.
They also called for extension of writ of the high
court and Supreme Court to the tribal region. They
were of the view that time had come for the tribal
people to elect honest and educated
representatives who could raise their concerns at
appropriate forums and push for much needed
reforms.
The speakers termed the Frontier Crime
Regulations (FCR) law as a draconian which
deprive people of their basic fundamental rights.
The seminar on effective implementation of FCR
reforms was organised by Devolution Trust for
Community Empowerment (DTCE).
The purpose of the seminar was to discuss
implementation status of FCR reforms and its
potential to be catalyst for governance change in
FATA and to obtain views and opinions of
participants for improvements in the FCR. The
participants included parliamentarians,
representatives of civil society and donor agencies.
Member National Assembly Shah Gee Gul said
that we are very peaceful people but in the past
FATA has been used, internationally and
nationally, for the political and power interests of
others at the cost of local citizens.
He called for empowering FATA legislators to
make laws for the tribal people for the betterment
of the local population in line with their needs and
cultural traditions.
He called for empowering FATA legislators to
make laws for the tribal people for the betterment
of the local population in line with their needs and
cultural traditions.
Akhunzada Chitan, former MNA, said that the
people of FATA should be given a peaceful
atmosphere in which security is paramount. He
said the local government is the unit of democracy
and local government elections should be held in
FATA and powers should be devolved at union
council level.
He also said that the National Assembly and
Senate should also have legislation rights for FATA
as it is also part of Pakistan and elected
representatives of FATA are also members of
parliament.
Speaking on the occasion, Daniyal Aziz, MNA and
chairman of DTCE board of directors, gave a
historical perspective on the FCR and agreed with
rest of the speakers that the people of FATA are
also citizens of Pakistan and as such all efforts
should be made to undertake reforms that brings
FATA at par with the rest of Pakistan.
Lawyers Forum FATA President Ijaz Momand was
of the view peace in FATA is unlikely until peace
restores in Afghanistan. Although some reforms
were made in FCR in 2011, they have not been
implemented yet, he added.
He also suggested amendments to Article 247 of
the constitution.
33
The participants were informed that the president
of Pakistan had approved FCR reforms in August
2011.These legal and political reforms were the
first step towards bringing a change in FATA and
establishing modifications and alternatives to the
archaic era systems which had kept the status of
FATA different from rest of the nation.
The people of FATA have desire and potential of
integrating into the mainstream of national
life while respecting local customs and traditions,
the participants of the seminar were told.
Source: http://www.dailytimes.com.pk/national/20-
Dec-2013/amendments-to-fcr-urged-for-
betterment-of-tribal-people
Civil society and tribesmen call for FCR
abolishment
KOHAT: Civil society members and residents of
the Federally Administered Tribal Areas (Fata)
demanded on Monday that the Frontier Crimes
Regulations (FCR) be abolished as it is a
“draconian” law.
During a seminar titled ‘FCR: Need of Reformation,
Challenges and Way Forward’ organised by the
Center for Research and Security Studies (CRSS),
participants also demanded changes in the present
system of governance in Fata.
CRSS chief Imtiaz Gul, while addressing the
participants, said the seminar was held to discuss
and envision a system to safeguard Fata’s social,
economic, political and legal interests.
“Societies cannot remain stagnant forever, and it is
time tribesmen move forward towards peace,
progress and development,” said Gul.
He said the FCR lacked the fundamental principles
of justice and equality, and has failed to dispense
justice to residents of Fata. “The draconian law
remains an obstacle in bringing peace and
prosperity to the region,” remarked Gul.
The speaker further added it was imperative to
adopt an inclusive system in Fata which would
address core issues that tribesmen face. “A
superior judiciary bench needs to be established
so people can have access to justice,” Gul
concluded.
Several lawyers, representatives of political
parties, media personnel, tribal elders and students
belonging to tribal areas attended
the seminar.
Source: http://tribune.com.pk/story/652687/archaic-
law-civil-society-tribesmen-call-for-fcrs-
abolishment/
Seminar calls FCR main hurdle in FATA
development
“The people of tribal areas were the first class
citizen of the country but they had been deprived of
its fundamental rights and the rulers didn’t ready to
provide basic civic rights to the tribesmen.”
BAJAUR AGENCY: Speakers at a seminar held in
connection with International Human Rights Day on
Tuesday termed that presence of Frontier Crimes
Regulation, absence of fundamental rights and a
proper social justice system were main hurdle in
the development of Federally Administered Tribal
Areas and urged the government to take speedy
efforts for the provision of basic constitutional
rights to the tribesmen.
All Bajaur Political Parties Alliance (ABPA)
organized the seminar, where leaders of various
political and religious parties, tribal elders,
tribesmen and a number of social activists were
present. ABPA President Gull Dad Khan, Pakistan
Muslim League- N MNA Shahabuddin Khan, PML-
N leader Haji Rahat Yousaf, Dr Mohammad Gull
Pechawal, Bajaur Social Welfare Organization
President Bahadar Said, Society for the Protection
of the Rights of the Child Agency Coordinator
Hanifullah Jan and Haji Sultan Khan Umary of PTI
addressed the seminar.
They said the people of tribal areas were the first
class citizen of the country but they had been
deprived of its fundamental rights and the rulers
didn’t ready to provide basic civic rights to the
tribesmen. They said that provision of basic human
rights to the tribal areas were the long standing
demand of the tribesmen because it’s very
important for the sustainable development and
progress of the region.
The speakers also asked the federal government
to announce schedule for the holding of local
bodies’ election in the tribal areas.
The speakers criticized the federal government for
not taking practical efforts for the provision of
fundamental rights to the tribal areas. They
demanded of the Prime Minister Muhammad
Nawaz Sharif to take practical efforts to help solve
the problems and troubles of tribal people and
provide them their fundamental rights. The
speakers also asked the federal government to
34
announce schedule for the holding of local bodies’
election in the tribal areas. They noted that
local government system was not only vital for
providing basic and modern facilities to the tribal
people but also very important for the monitoring of
development activities in tribal areas.
Pakistan Muslim league-N law maker from Bajaur
Shahabuddin Khan said the federal government
was committed to extend civil law and fundamental
rights to Federally Administered Tribal areas. He
claimed that efforts have been speed up to provide
basic civic facilities and constitutional rights to the
tribesmen and a comprehensive reforms package
for the Fata would be announced soon. The
lawmaker said that he had informed Prime Minister
Nawaz Sharif regarding the problems of tribesmen
and the prime minister has assured making
significant reforms in the current tribal systems as
well introducing of constitutional rights in the tribal
areas.
Source: http://www.thefrontierpost.com/article/6077
0/FCR-main-hurdle-in-Fata-development-
Speakers/
FATA political parties demand repeal of
Frontier Crimes Regulation
“All the political leaders from different parties
demanded government to launch local government
system in Fata and FCR should be repealed from
Fata.”
BAJAUR AGENCY: All the political leaders from
different parties demanded government to launch
local government system in Fata and FCR should
be repealed from Fata. The political leaders
accused the officials of Fata Secretariat of
corruption and said that there was no check and
balance on them. PTI Guldad Khan, PPP
Aurangzeb Inqalabi, JI Abdul Majid, PML-Q Syed
Bacha, JUI Qari Mustafa, ANP Malik Ata Ullah.
Abdul Manan, Gul Afazal Khan, PML-N Malik
Rahat Yousaf and other leaders expressed these
views in a Press Conference on Wednesday.
The speakers rejected the appointment of
Additional APAs’ and it was also demanded that
after repealing FCR, Fata should be included in the
territory and peace should be administered in the
area. They also demanded that the locals should
be appointed in the NGOs working in the agency
which would end unemployment.
The speakers were of the view that FCR was the
reason of every problem and it should be revoked.
The speakers appealed the government to
announce financial assistant for the owners of the
houses, shops and other place as everything was
destroyed in the army operations in the agencies.
They also appealed the concerned authorities that
unannounced prolonged load shedding should also
be stopped in the agency. Tribal agencies All Fata
Conference would be held on Dec21 in Nishtar Hall
Peshawar and there all the leaders would decide
line of action for the implementation of their
demands.
Source:
http://www.thefrontierpost.com/article/59454/All-
political-parties-demand-repeal-of-FCR/
35
Right to Information
Legal problem stops right to information
law for FATA
Article 247–which covers FATA–contradicts Article
19-A of the constitution.
PESHAWAR: Though Khyber-Pakhtunkhwa (K-P)
recently introduced the right to information (RTI)
legislation in a step towards greater transparency,
the neighbouring tribal belt still has a long way to
go before any such law is put in place.
Civil society members say Article 247 of the
Constitution prevents the RTI law from being
extended to FATA. According to the said article, it
is the sole discretion of the President of Pakistan
and the governor of the respective province (in this
case K-P) – while acting as an agent of the
President – to order the extension of any law to
FATA and the Provincially Administered Tribal
Areas (Pata).
“This provision takes away the basic democratic
right of the citizens of the tribal areas to be
represented by their elected representatives in the
National Assembly,” said a government official
requesting anonymity.
“It is a fact that MNAs from FATA can participate in
making legislation for the rest of the country, but
not FATA itself,” he added. Residents of the tribal
belt have no representation in the provincial
assembly either.
“Even the RTI Bill that remained under
consideration with the Senate Committee on
Information and Broadcasting does not include
FATA in its jurisdiction. The committee also failed
to recommend the federal government to fix the
constitutional anomaly,” lamented the official.
A fundamental human right
The United Nations Declaration on Human Rights
regards right to information as a fundamental
human right. It has also been accorded
constitutional protection through the inclusion of
Article 19-A into the Constitution of Pakistan via
the 18th Amendment. However, Article 247 – which
covers FATA – continues to contradict Article 19-A.
Coalition on Right to Information (CRTI)
Coordinator Zahid Abdullah told The Express
Tribune, “If the legal and constitutional framework
of a country does not protect a right which is
universal and indivisible, and excludes people
living in certain geographical areas, it is
tantamount to treating them as lesser human
beings.”
Abdullah urged the federal government to remove
the constitutional anomaly immediately so that
residents of FATA can exercise their right to
access information held by federal public bodies
operating in the tribal belt.
He also added the provincial government needs to
work with the federal government to bring about
the desired constitutional amendments and
legislative reforms to protect and promote right to
information for tribal residents.
Executive Director for non-governmental
organisation Centre for Governance and Public
Accountability (CGPA), Muhammad Zahoor said
Article 247 negates the fundamental rights of
FATA’s residents and proves to be the main
blockage in bringing the area into the mainstream.
“The said article awards non-representative and
undemocratic status to FATA and PATA,” he
claimed.
Zahoor maintained without changing governance
paradigms in the tribal areas to ensure the
availability of basic human rights, peace and
stability in the region cannot be guaranteed. He
added Article 247 further states, ‘Neither the
Supreme Court nor a High Court shall exercise any
jurisdiction under the Constitution in relation to a
tribal area.’
“This provision violates Article 25 of the
Constitution which states all citizens are equal
before the law,” remarked Zahoor, adding the
provision deprives residents of tribal areas the right
to fair trial and equality before the law.
Source: http://tribune.com.pk/story/645605/inadequ
ate-representation-legal-anomaly-prevents-rti-laws-
extension-to-fata/
Journalists demand right to information
in FATA
PESHAWAR: Journalists on Friday demanded the
Right to Information (RTI) Ordinance, 2013 be
extended to the Federally Administered Tribal
Areas (Fata).
They made the demand at an event organized by
the Development, Environment, Legal Aid,
Technical Support and Advocacy Association
(DELTA) in collaboration with the National
36
Research and Development Foundation (NRDF)
under USAID.
Strategies to eradicate corruption from society and
raise public awareness against it were also
discussed. Journalists contended they should be
allowed to attend meetings of standing and public
funds committees of the provincial assembly.
They also suggested that reporters covering both
national and provincial assemblies must become
part of the information committee.
DELTA President Naazlee Sardar lauded the RTI
bill, saying the ordinance is as good as the one
enacted in Serbia, which is currently ranked
number one in RTI ratings worldwide. “DELTA is
reviewing the bill and will suggest improvements to
legislators before it is enacted,” she added.
The overall ordinance is commendable considering
information can be requested through email free of
cost for up to 20 pages, said Sardar.
Source: http://tribune.com.pk/story/610360/improving-
accountability-journalists-demand-extension-of-rti-to-
fata/
Coalition demands Right to Information
Law for FATA
PESHAWAR: Coalition on Right to Information
(CRTI) has demanded the federal government to
immediately remove the constitutional anomaly so
that FATA residents can exercise right to
information held by federal public bodies operating
in FATA. Similarly, CRTI also urged the provincial
government in Khyber Pakhtunkhwa to liaison with
the federal government to bring about desired
constitutional amendments and legislative reforms
to protect and promote right to information of FATA
residents.
In a statement here on Monday, the CRTI said
regretted that right to information legal regime both
at provincial and federal level does not extend to
residents of Federally Administered Tribal Areas,
(FATA). It pointed out that this right has also been
accorded status of fundamental right and given
constitutional protection through the insertion of
Article 19-A into the Constitution through 18th
Amendment.
It pointed out that successive governments have
not carried out constitutional reforms and as a
result Article 247 that governs FATA contradicts
Article 19-A of the constitution. It regretted that
even the right to information bill that remained
under consideration with Senate Committee on
Information and Broadcasting does not include
FATA in its jurisdiction and neither the committee
recommended to the federal government to fix this
constitutional anomaly.
Source: http://www.thefrontierpost.com/article/6050
8/Coalition-on-Right-to-Information-demands-
extension-of-RTI-to-Fata-residents/
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