ISLAMABAD, Oct 13: A cabinet committee has recommended drastic changes in the Frontier Crimes Regulations, including allowing the right of appeal against actions of political agents or district coordination officers in some tribal regions, Dawn has learnt.

A meeting of the committee, presided over by Law Minister Farooq H. Naek on Monday, finalised its recommendations for submission to the prime minister.

The FCR, in force in seven federally administered tribal agencies and six frontier regions, basically deals with procedure for settling inter-tribal matters.

Instead of its abolition as was hinted by the prime minister in his first speech in the National Assembly, the government would amend some draconian provisions of the FCR, a legal expert observed.

“After receiving a nod from the prime minister, the recommendations will be placed before the cabinet,” a participant of the meeting told Dawn.

The British Raj had devised the FCR as an instrument of subjugating and disciplining the Pakhtoons to establish its writ in tribal areas. While drafting the law, the British relied on some tribal customs and traditions, but distorted them to suit their plan of securing convictions at will.

It is learnt that the proposed amendments will require political agent or the DCO, as the case may be, to appoint a council of elders in civil matters with the consent of the parties. All disputes in different agencies will be referred to a joint council of elders to be appointed by the governor.

The safeguards provided under Article 10 of the Constitution about arrests and detention will be incorporated into the law by proposing to produce an arrested accused before the authorities concerned within 24 hours.

Similarly, no person will be punished twice as enshrined in Article 13 of the Constitution (protection against double punishment and self-incrimination). The records of all proceedings will have to be maintained.

Referring to the provision of collective responsibility, sources said no woman or child under 16 years of age or a person above 65 years would be arrested.

Under the FCR, family members are jailed for the crimes committed by the head of the family, his brother or any other blood relative.

The FCR has always been described as a black law and criticised by human rights activists and civil society, since it gives the authorities the right to raze houses of alleged criminals and their relatives as punishment.

Innocent men, women and even children as young as two are convicted under the FCR.

The proposed amendments suggest that only the immediate male relative of a tribal member involved in subversive activities against the state or any person will be arrested.

The sources said the right of appeal against a decision of a political agent or DCO had been provided and the appellate authority would be a district judge instead of a commissioner.

A three-member Fata tribunal will be constituted headed by a person who has been a judge of a high court, a civil servant of not less than Grade-20 having experience of tribal administration and a person who is qualified to be a judge.

The tribunal will have powers of a high court as envisaged under Article 199 of the Constitution. A time limit will be provided to decide the matter.

To introduce financial discipline, accounts of the tribunal will be audited by the auditor general.