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06 October 2004 Wednesday 20 Shaban 1425






Demand to make FCR conform to constitution

By Our Reporter


ISLAMABAD, Oct 5: Speakers at a workshop here on Tuesday urged the government of reconsider the "draconian" Frontier Crimes Regulation (FCR) and bring it in conformity with international norms of justice, human rights and the Constitution of the country.

The consultative workshop on "FCR 1901" was organized by the Human Rights Commission of Pakistan (HRCP) to discuss its repercussions and the persistent human rights violations committed under the law in the most backward tribal areas.

The speakers said bureaucracy and a few tribal elites never wanted to introduce reforms in Fata. They also demanded that foreign investors and donors agencies should condition their investment and financial aid to Fata with democratic reforms in all the seven tribal agencies.

They asked for full auditing of the foreign as well as indigenous development funds spent in Fata and access to media persons to highlight loopholes in the implementation of various projects.

They alleged that the benefits of the development projects had never trickled down to the common man and that the lavishly decorated offices of the political agents stood in sharp contrast to the impoverished surroundings.

Former chairman HRCP Afrasiab Khattak said FCR was against basic human rights and democracy, Constitution and the international norms of justice. FCR preached disproportionate and collective punishment and ensured no rights to women or children.

A political agent was all in all: he could arrest people, hold their trial like judicial magistrate and sentence them to jail even on a hearsay and often without any solid proof, Mr Khattak said.

He said FCR did not empower any tribesman to challenge the verdict of the political agent in any court because the writ of the country's judicial system was not extended to the area.

People were not even allowed to present evidence in their favour or cross question the prosecution witnesses or challenge its allegations. He said the government had mishandled the situation in Wana and was not sincere in introducing reforms in the tribal set-up. "Tribals wanted full democracy in their areas but the government wants to maintain the status quo.

Dr Faqeer Hussain, Secretary Pakistan Law and Justice Commission, said the colonial power had twisted the FCR in such a way as to safeguard its vested interests and subdue possible resistance in the tribal belt, especially along the Afghan border.

"That's why the FCR forbade construction, especially of villages and vaults in all such areas," he said. Local journalist Ibrahim Shinwari termed FCR a black law, which barred newsmen from writing about the facts. He said the press was in chains in Fata as no paper, magazine, journal, etc., could be published there.

Similarly, no one was allowed to investigate the spending of development funds or the tragedies faced by the people. Mariam Bibi from the Khwando Koor highlighted the sufferings of women and children under the FCR.

Jamal Khan, an economist, spoke on the decades-old undocumented system of economy in the area, which was "backed by the state machinery". The undocumented economy is the main funding source of terrorists and drug-smugglers, he said.




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