A new Fata

Published May 3, 2016
The writer is a police officer.
The writer is a police officer.

IN the wake of the successful military operation in the Federally Administrated Tribal Areas, the demand for reforms here — referred to in Point 12 of the National Action Plan (NAP) — has become even louder. Fata, as a buffer between the settled areas of Pakistan and Afghanistan, has been significantly impacted by the Soviet invasion of Afghanistan in 1979 and the subsequent US-led military interventions.

The area has been a breeding ground for extremism and terrorism since the Soviet invasion. With the exception of Orakzai Agency, all the other tribal agencies in Fata are contiguous with Afghanistan. Porous borders facilitated the intrusion of jihadis from across the border as well as the flow of weapons and explosives. This, added to the fact that socially isolated spaces in certain parts of Fata had traditionally been exploited by certain elements to raise private militias — even though Article 256 of the Constitution expressly forbids such outfits — resulted in a concentration of militants in the area.

After 9/11, there has been a growing realisation of the importance of reforms in Fata. Point 8 in the 36-point Charter of Democracy signed between the PPP and PML-N in 2006 suggested the merger of Fata with KP.

At the present time, three options are being debated: one, complete provincial status; second, merger with KP; and third, phase-wise gradual integration.


A sustainable peace requires a ‘soft’ approach.


Administrative reforms in Gilgit-Baltistan through the Gilgit-Baltistan Empowerment and Self-Governance Order 2009 are a recent success of the Pakistani federation. With certain modifications, a similar phase-wise reform package can also be tried in Fata.

In Pakistan, administrative reforms have included the establishment of Mohmand Agency (1951); formation of One Unit (1954); inclusion of Khairpur and Bahawalpur states (1955) and Gwadar (1958) in the federation; integration of the states of Amb, Dir, Chitral and Swat in the then North West Frontier Province (1969); dissolution of One Unit (1970); establishment of Bajaur and Orakzai agencies (1973); renaming NWFP as KP (2010); and in 2011, under Article 246 of the Constitution, Tor Ghar, formerly a tribal area called Kala Dhaka, was integrated into KP as a settled district.

The 1973 Constitution empowered 37,000 maliks to vote. From this point until 1997, when universal adult franchise was extended to all residents of Fata, the maliks served as a bridge between the public and the political administration. Although the clergy emerged as a challenge to the maliks’ assertive role, in practice both maintained the status quo.

During the last decade, as the area came increasingly in the grip of militancy, more than 500 maliks were targeted, and the decline of the hujra (informal community councils) weakened a mechanism of alternate dispute resolution. Instead, the shura impor­ted from Arab culture gained in strength; it challenged the Frontier Crimes Regulation as well as the institution of the jirga.

The military operation has brought about a precipitous fall in violence. Compared to 234 terrorist attacks in Fata in 2014, there were 149 such attacks reported in the area during 2015. Post-operation however, a ‘soft’ approach is required to achieve a sustainable peace in Fata.

After a gap of seven years, the administration of Bara in Khyber Agency was recently handed back to the civilian administration. The governor KP also announced the resumption of trade activities and establishment of a 1,600-kanal industrial estate.

Besides the Fata Reforms Commission appointed by the governor, a sub-committee on Fata is mandated to compile administrative and development reforms. Reforms in Fata require a multi-pronged approach inclu­ding constitutional, administrative and legal interventions. Remaining in a state of denial or confusion will be suicidal: militants have no stake in a nation-state system, making the reconsolidation of Fata crucial.

The Afghan jihad and the scenario post-9/11 badly eroded the traditional administrative system presided over by political agents. A corrupt, obsolete and elite-centric criminal justice system also helped incubate extremism in Fata, with people attracted by the alternate ‘speedy justice’ offered by extremists. A complete overhaul of this system in Fata is imperative, along with the introduction of courts, policing, modern prisons and local bodies. The situation also warrants the return of the internally displaced and start of de-radicalisation.

Effective administration of Fata requires an elaborate civilian administrative apparatus run by dedicated officers. Offering attractive financial packages and amenities will help. Moreover, the Fata Secretariat needs to move from its present location in Peshawar to a central point in Fata to monitor peace and development.

To ensure zero tolerance of non-state actors and deny them physical space, strategic objectives must be spelt out and the counter-narrative amplified. More synergised civil-military efforts are needed to attain the goals of NAP. With the military having successfully cleared Fata, it is now the civilian administration’s turn to come forward.

The writer is a police officer.

Published in Dawn, May 3rd, 2016

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