PESHAWAR: Pressed into action 11 months ago to suggest reform measures for tribal areas, the Fata Reforms Commission has skirted around the real issues and seems unable to propose tangible and far-reaching initiatives to bring the tribal borderlands into the national mainstream.

The report of the commission, wrapped in red ribbon, was presented to Khyber Pakhtunkhwa Governor Sardar Mahtab Ahmad Khan here on Thursday. Former chief secretary Ijaz Qureshi, head of the five-member commission, explained 10 points of the report to media. However, officials were reluctant to share the copy of the document with media.

The commission instead of giving its own recommendations on core issues like future status of tribal region, future of Article 247 of the Constitution under which no act of Parliament shall apply in the tribal areas without the approval of the President and non-application of jurisdiction of the superior courts to Fata, has proposed to set up another commission to look into these constitutional matters.

Asked why the commission did not give its recommendations about amendment to Article 247 and other important subjects, Mr Qureshi said that the body could not make such decisions on behalf of other institutions like army, political parties and National Security Council etc.

“We should not make hasty decisions. The example of Balochistan and Provincially Administered Tribal Areas (Pata) are before us. The country is in turmoil and there is need for consensus,” he maintained.

Instead of presenting own recommendations, it suggests setting up of another commission

When asked that different forums including Political Parties Joint Committee on Fata Reform had been demanding reforms in Frontier Crimes Regulations and amendment to Article 247 of the Constitution, he said that there should be no reforms on the recommendation of a single lobby. Fata needed to be handled carefully, he added.

The body, which had recommendatory role, has suggested that tribal people should take their own initiative about the status of Fata. It has also proposed setting up constitutional reforms commission in this regard.

The proposed commission should comprise vice chairmen of the agency councils, two vice chairmen of the frontier regions’ councils, five parliamentarians from Fata, woman, a representative from minority and important personality or expert. The members of the commission should develop consensus on these issues after consultation with the local people.

The commission has proposed to increase the number of the members of Fata Tribunal from three to four and retired judge of high court should head the tribunal. A scrutiny committee should elect members of the tribunal that would be bound to dispose of criminal cases within 60 days and civil cases within 90 days.

Governor Sardar Mahtab had notified the commission in May 2014 to formulate and propose strategic objectives, strategic policies and action plans within 10 months. Retired Lt Gen Syed Sabahat Hussain, former bureaucrat Mir Laiq Shah, former provincial minister Mussarat Qadeem, who runs an NGO, and additional secretary to the governor Muddassir Riaz Malik were members of the commission.

The commission in its report proposed establishment of ‘council’ in every tribal agency and frontier region consisting of 20 to 25 members from the agency council and nine to 11 members from the FR council.

Selection of the council would be made on the basis of “Nakat system” according to the proportion of Fata reform body skirts around real issues the size of a tribe or clan. Members of the Parliament and four technocrats should be included in the said council, to be headed by the respective political agent and deputy commissioners of the FR. The council will elect its vice chairman and will perform as decision making body to approve all development schemes for the area.

The commission recommended formation of ‘governor council for Fata’ comprising seven agencies and six frontier regions. The governor of Khyber Pakhtunkhwa will head the council and vice chairman of every ‘agency council’ and ‘FR council’ will be its members. Five parliamentarians from Fata, five experts including women and minorities should be members of the governor council. In addition federal secretaries of ministry of state and frontier regions, finance, planning and development, reforms, chief secretary Khyber Pakhtunkhwa and additional chief secretary Fata will be its members.

The council will function as a consultative body and will meet after every three months to hold discussion on development projects, changes in laws and will give advice to the governor on important policy matters related with the tribal areas. The proposed council will work for two years interim period and after introducing local government system in the area its structure will be changed. It suggested that 90 per cent of the members should be elected and 10 per cent should be selected.

Mr Qureshi said that a Levies Force should be established in which 500 persons from every tribal agency and 200 persons from frontier regions would be taken which would be equipped with latest weapons and other facilities so that law and order in the tribal belt could be maintained.

He said that other Levies forces would also be imparted necessary training. He said that within the next two years a training centre for Levies personnel had also been proposed along with establishment of a co-ordination cell headed by the secretary law and order Fata. He said that an agency security and intelligent committee, to be headed the political agent, would also be set up in which members from all the institutions, including FC would be included.

The commission said that internally displaced persons needed to be sent back to their areas and rehabilitated properly. It also suggested merger of various line departments and directorates in Civil Secretariat Fata to curtail unnecessary expenditures.

Published in Dawn, May 1st, 2015

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