Fata reforms: an opportunity

Published November 30, 2015
The writer is a former political agent and chief secretary, KP.
The writer is a former political agent and chief secretary, KP.

PAKISTAN has another opportunity to give a meaningful life to those of its citizens who lead largely insignificant lives in the periphery areas of Fata, Khyber Pakhtunkhwa and Balochistan. It is an accepted fact that those who dwell in these areas between Pakistan and Afghanistan have large disabilities to confront.

However, there is a ray of hope for Fata, if reforms are introduced. On Nov 8, 2015, the prime minister announced the formation of a Fata Reforms Committee headed by his adviser on foreign affairs Sartaj Aziz. Late last year, in the wake of the APS tragedy, the government announced the National Action Plan to counter terrorism. According to paragraph 12, there will be administrative and development reforms in Fata resulting in the early return of IDPs.

Fata spans 27,200 square kilometres, has a population of about four million, and is spread over seven agencies and six frontier regions. There are some unique features regarding Fata. First, its system of administration is based on Pakhtun tradition (riwaj) that is anchored in ‘Pakhtunwali’ whose two pivots, in turn, are revenge and collective responsibility. Second, colonial Britain retained this area as an undeveloped border to act as a ‘prickly hedge’ against the Russians. To assuage its conscience, Britain declared that although the tribal areas were part of India, they were not part of British India. Thus they condemned the tribesmen to remain in purgatory with little welfare and no entitlement to self-government unlike the rest of British India.

Third, the tribal areas were also prone to intriguing against the British, and the use of Fata as a safe haven is not new. In the events leading to Partition, some British and Muslim political officers manipulated the tribes to threaten Nehru when he visited Malakand, and tribesmen attacked his vehicle. The mobilisation of tribes was enough to deter the Congress from advocating absorption of the tribal areas and NWFP into India, although it was through a referendum that the NWFP opted for Pakistan.


Reforms are needed to bring Fata into the national mainstream.


Fourth, when Mohammad Ali Jinnah met the first jirga of tribesmen in Peshawar as governor general of Pakistan in 1948, he made a commitment that the status of the tribal areas would not be changed without their consent. This commitment is now enshrined in the 1973 Constitution.

Prior to the latest announcement for Fata reforms, there were other opportunities when Fata could have been mainstreamed. In 1947, Pakistan was not strong or stable enough to do so. The next opportunity came when One Unit was dissolved in 1970. During the days of One Unit, the tribal areas were represented in both the national and West Pakistan parliament. It would have been relatively easy to incorporate them in NWFP on its dissolution but it was not done.

In 1976, prime minister Zulfikar Ali Bhutto formed a committee under Gen Naseerullah Babar; it included Hafeez Pirzada, Rafi Raza and Dr Mubashar Hassan to create a framework so that Fata could become a part of NWFP for general elections in 1977. This initiative would have succeeded had the 1977 military coup not occurred.

In 2006, Gen Musharraf formed the Imtiaz Sahibzada Committee on Fata Reforms. After examining the matter, the committee agreed that the best option for mainstreaming Fata was its inclusion in NWFP, however, it proposed that this should happen after the war in Afghanistan was over.

As the current new committee grapples with the reform of Fata, it can draw ideas from previous committees. A group of Fata parliamentarians support Fata’s merger with Khyber Pakhtunkhwa. Senator Farhatullah Babar’s endorsed resolution demanding the extension of the jurisdiction of the Supreme Court to Fata is in the field. The previous KP provincial assembly had unanimously resolved to merge Fata with KP.

There are two kinds of reform decisions required — these pertain to the political and development aspects. Secondly, it would be important to give extra weight to a process of consultation over the substance of reform. Both are important but in this case, the process must receive more attention.

Clearly, the following options available are: a) Fata joining the KP; b) the creation of a separate province; c) converting Fata into a provincially administered territory, like Malakand division under Article 247; d) continuing with the status quo but introducing some reforms.

As Fata constitutes the borderland with Afghanistan that is already under intense security stress there is danger of chaos. This situation necessitates the strengthening of internal security that may be built around three parameters: a) a strong border security force near the international border to prevent unauthorised movement along 350km of Fata’s border with Afghanistan; b) a full strength Frontiers Corps to maintain internal order inside the agencies; c) a strong frontier Corps-like force (by amalgamating the Frontier Constabulary ) that will cover the ridge line between the districts and former agencies. This security dragnet must be closely integrated with intelligence sharing on the border belt. These three forces must be supported by tactically located strong military units that are equipped with helicopters and artillery to provide support.

To conclude it will be appropriate to merge Fata with KP as both the Malakand and Gilgit-Baltistan models are flawed; it needs to be done to prevent more violence in northwest Pakistan.

To boost the demand for reforms it will help to hold local government elections in Fata before the next general election, as well as extend the jurisdiction of the Supreme Court and KP High Court to Fata.

The primary first step for Fata reform will be the holding of a referendum for its merger with KP because without it there will be no legitimacy and ordinary tribesmen would be dissatisfied. Secondly, for the purposes of restoring social cohesion in Fata and reducing the threat of violence, the government must undertake a well-funded reconciliation programme; other aspects like changes in the law and the manner of policing should be finalised in the form of a transition programme. It is a propitious moment for Fata reforms and must be made good use of while the Pakistan Army is still in the ascendant in Fata.

The writer is a former political agent and chief secretary, KP.

Published in Dawn, November 30th, 2015

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