‘The military operation in South Waziristan is unlikely to succeed in curbing the spread of religious militancy in [Fata], unless the Pakistan government implements political reforms in that part of the country.’ A blunt assessment, the very first line of the latest report by the International Crisis Group, ‘Pakistan: countering militancy in Fata,’ and a recommendation we fully agree with. On Independence Day, President Zardari announced a reforms package for Fata that seeks to blunt the very worst aspects of the Frontier Crimes Regulation 1901 and also allow political parties to function in the tribal agencies. The package fell short of the pledge by the prime minister last year to repeal the FCR, but was nevertheless welcomed as a positive first step.

Unfortunately, events on the military side have overtaken political and administrative reforms and the package has yet to be notified by the NWFP governor. This was not necessarily a bad thing, though, for so absent is the writ of the state in swathes of Fata that announcing reforms is meaningless when there is little possibility of implementing them. But even if a sequential pattern of security first then reforms needs to be followed, that does not mean debate on meaningful reform should be put on hold. Indeed, war presents the victor with a window of opportunity to make fundamental changes to the political and administrative set-up in an area, a window that in a place as historically immune to change as Fata will necessarily be small.

But what form should those reforms take? The ICG has recommended, inter alia, repealing the FCR, merging Fata into the NWFP, disbanding the Khasadars and levies and raising an NWFP police force instead, and having a uniform judicial system across the NWFP. However, each of these can be problematic. Disband the FCR and replace it with what, and how will the new code be implemented? Such concerns were what caused the government to backtrack on its commitment to repeal the FCR. Can Fata realistically be merged into the NWFP immediately? The tribes may not be amenable to such a dramatic change, so perhaps the people of Fata should be given representation in the NWFP Assembly as a first step. Could an NWFP police force realistically be an effective replacement for the Khasadars and levies? Not unless the government machinery demonstrates a hitherto unknown commitment to good governance. Perhaps the best course for the government is to pair some political and administrative change with serious socio-economic reforms. Integrate Fata into the national economy better and that may itself act as an impetus for further political and administrative changes.