The recent recovery of 35 minor girls, most of them from Bajaur tribal region, from a house in Karachi has exposed the faulty policies adopted by successive governments, both civil and military, towards the Federally Administered Tribal Areas (Fata).

This incident should be an eye-opener for the policymakers who have been keeping the people of Fata backward in terms of social and economic development.

Read: Police recover 36 minor girls from Karachi home

As compared to rest of the country the status of these areas has still not been clear despite the creation of Pakistan over 67 years ago.

Ambiguity still persists regarding the rights extended to the inhabitants of Fata, especially women and children.

Following the recovery of these girls a hue and cry was raised by almost all political parties and their leaders have been trying to portray themselves as sympathisers of the people of Fata and their children.

Almost all the political parties have played their role while playing havoc with the tribal areas. It is evident from the fact that while drastic changes were made in the Constitution of Pakistan through the Constitution (Eighteenth Amendment) Act, 2010, no amendment was introduced in that Act for improving the plight of tribal people.

Also read: Bajaur girls head home from Peshawar

The Constitution, which is the supreme law of the land and no law could be enacted in conflict with it, has given the status of secondary citizens to the tribal people.

While 20 parliamentarians, 12 MNAs and eight senators, have now regularly been elected from tribal areas these lawmakers had no authority to legislate for their areas.

Article 246 and 247 of the Constitution made the status of Fata different from rest of the country. Under Article 247 (3) of the Constitution, no Act of the parliament is applicable to Fata unless the President issues directives in this regard. Similarly, Article 247 (5) empowers the President to make regulation for peace and good governance in Fata. The most oppressive provision is Article 247 (7) which bars the Supreme Court and high courts from exercising any jurisdiction in tribal areas.

The successive governments failed in extending some important laws related to rights of children to Fata. Even, if some of the laws were extended to Fata it proved to be a futile exercise as the government failed to put in place the required institutional framework for their implementation.

The Juvenile Justice System Ordinance, 2000, introduced in rest of the country during the military government of General Pervez Musharraf, was extended to Fata after campaigning by civil society organisations in 2004.

However, that law has yet to be implemented there. Vital institutional framework required under this law has yet to be introduced, including the setting up of probation department, juvenile courts and borstal institutions, etc.

In Nov 1998, the President of Pakistan extended another important law, Employment of Children Act, 1991, to Fata, but without any homework. The law bars the working of children in hazardous occupations and also provides mechanism for their working in other occupations. Interestingly, labour department is not available in Fata for implementation of this law.

The Federally Administered Tribal Areas Compulsory Primary Education Regulation, 2002, was introduced in May 2002.

Like rest of the country where such laws have so far not been implemented, Fata is also not an exception.

This law provides for setting up of an agency or education authority with the responsibility of taking action against parents for not sending their children to acquire primary education. It also provides penalty for the employer who employs a child.

There are several important laws which have so far not been extended to Fata.

Some of these laws are: Child Marriage Restraint Act 1929; Prevention and Control of Human Trafficking Ordinance 2000; Prisoners Act 1900; Probation of Offenders Ordinance 1960; Reformatory Schools Act 1897; Bonded Labour System (Abolition) Act 1992; Shops and Establishment Ordinance 1969; Workers Children (Education) Ordinance 1972; Vaccination Ordinance 1958; Protection of Breast Feeding Ordinance 2002; Prohibition of Smoking Ordinance 2002; Guardians and Wards Act 1890; Birth, Death and Marriage Registration Act 1886; and, West Pakistan Control of Orphanage Act 1958.

“It is important that the government should introduce a law on the pattern of Khyber Pakhtunkhwa Child Protection and Welfare Act, in Fata so that a child protection commission should be set up there,” said Jehanzeb Khan, regional head of the Society for the Protection of the Rights of the Child.

He said that the Prevention and Control of Human Trafficking Ordinance should also be extended to Fata with certain amendments and the issue of internal trafficking in the country should also be included in it.

Mr Jehanzeb said that around 900 schools were fully or partially damaged during militancy in Fata and Khyber Pakhtunkhwa which had left over 100,000 girl students without schools.

He said that these schools should be reconstructed and the standard of education should also be improved in Fata so that children could be sent to schools instead of sending them to faraway places like Karachi.

“The jurisdiction of superior courts should be extended to Fata so that the rights available to people in rest of Pakistan could also be implemented for that of FATA,” he added.

Published in Dawn, December 1st , 2014