ISLAMABAD, Oct 22: The Senate functional committee on human rights on Thursday observed that as some sections of Frontier Crimes Regulation (FCR) were oppressive and colonial nature these should be amended with a view to make them more humane and civilized.
The committee, which met here under the chairmanship of Senator S. M. Zafar, made this observation after a discussion on the issues of human rights violations arising out of certain provisions of FCR, which are in conflict with the fundamental rights guaranteed in the Constitution.
The committee was informed that FCR was a special law for special area, where it is the only instrument to deliver criminal and civil justice in 'accessible areas' of Fata in accordance with local customs and traditions.
The accessible areas include government roads, main bazaars, official buildings, offices and piquets etc except main valley of Kurram Agency where it is enforced in the entire valley. In the inaccessible areas, it is the local Jirga, which administers criminal and civil justice under the tribal customs, the committee was told.
Safron secretary Sajid Hussain Chattha informed the committee that Fata enjoyed a separate status under Articles 246 and 247 of the Constitution and that no Federal Legislation ipo- facto applies to Fata without being extended to it under Article 247 of the Constitution.
He said some sections of the FCR appeared to be oppressive and there seemed to be a need to make these sections judicious. He informed the committee that a comprehensive package encompassing reforms in administrative, financial and judicial systems was approved by the President in January, 2002 and that the work on the reformation has already begun.
He told the committee that the matter had already been taken up with the law department, whose reply is expected within a fortnight. The committee directed the Safron ministry to provide a copy of the proposal regarding amendments in the FCR.
It was suggested that Jirga's decisions should not be undone provided these were not in contravention of the laws or the customs. There, however, existed complete unanimity that obnoxious clauses of FCR should be undone and that punishing the whole tribe for the crime of an individual was contrary to all.
The committee approved the report of the subcommittee headed by Senator Khalid Ranjha on the human rights situation of the tenants of Military Farmlands Okara. The report will now be laid before the House.
The chairman of the committee, S.M. Zafar, said "as a society that wants to move forward, "we cannot ignore violation of human rights". He pointed out that human rights violations are disliked at international level so much so that even pre-emptive strikes are allowed against countries violating human rights.
"We as a citizen of a civilized country, also owe a commitment to our people in this respect," he said. The committee also took note of the press reports regarding detention of women and minor children under collective responsibility clause of FCR and recommended that the relevant authorities may look into these reports with a view to facilitate the release of women and minor children.
