PESHAWAR: Almost every week or the other, discussions are organised at five-star hotels of Islamabad and Peshawar on the Federally Administered Tribal Areas.

Perhaps Fata is discussed more at roundtables, seminars and workshops than Parliament, which is the proper forum for the purpose.

Topics relating to Fata range from the existing governance system in Fata, Frontier Crimes Regulation, reforms, militancy, displacement and rehabilitation. Intellectuals, retired bureaucrats from Fata and analysts of print and electronic media are invited to speak at such functions. Sometimes, it is a bit funny to see those retired bureaucrats, who had maintained the status quo while serving, now talk about reforms in Fata.

Every so often, tribal elders and students studying in universities of the province are also invited to add colour and glamour to such events to enhance its value in the donor market. Proposals and recommendations tabled at the concluding sessions, followed by heavy lunches, vanish into thin air.

The Khyber Pakhtunkhwa Governor’s secretariat and federal government have also set up commissions and hold consultative conferences on the future of Fata. The federal government and governor’s secretariat are preparing both short-term and Of the anti-reforms mindset long-term strategies for the area simultaneously showing a lack of coordination among stakeholders.

The Ministry of State and Frontier Regions had organised a two-day national consultative conference at a five-star hotel in Islamabad on May 28. Later on May 30, the Fata Reforms Commission launched its report at the Governor’s House in Peshawar.

The same day, the Cell for Fata Studies, University of Peshawar organised two-day Youth Workshop on Future Governance Structure in Fata. Experts highlighted the same issues and topics like constitutional status, Frontier Crimes Regulation (FCR), misperception about tribal area and governance structure of Fata.

So far, nothing has happened or seems to be happening beyond these witty and high sounding discussions except softening few clauses of the FCR, thanks to former president Asif Ali Zardari. But changes in FCR did not make any difference in the life of common man of Fata.

Bureaucracy is still dragging feet on the FCR. The pro-status quo forces are trying to solidify the existing administrative and judicial structure in the tribal area further. The recent eight pages unilateral agreement handed over to the people of North Waziristan Agency and reports of the Fata Reforms Commission show intentions of the establishment and pro-status quo elements about the future of tribal areas.

The Fata Reforms Commission, a brainchild of incumbent Governor Sardar Mahtab Ahmad Khan, has framed a set of recommendations for the future of Fata but bypassed fundamental issues like amendments to Article 247 of the Constitution, and integration of Fata with Khyber Pakhtunkhwa or grant of declaration of it should be a separate province. The FRC has thrown the ball in the court of the tribal people and recommended that the local population take initiative on these sensitive issues.

Arguably over 150 laws, including Action in Aid of Civil Power Regulations, 2011, have been extended to Fata during the past few years but the federal government or the governor’s secretariat have never sought opinion of the tribal people regarding extension of these laws and regulations.

Article 247 of the Constitution directly deals with the tribal. Without amendment to the said article neither any act of Parliament can be applied without the consent of the president nor does the jurisdiction of the superior courts.

Major political parties, including Pakistan Muslim League, Pakistan Tehreek-i-Insaf, Pakistan People’s Party, Jamaat-i-Islami, Awami National Party and Jamiat Ulema-i-Islam-Fazl, civil society groups and Peshawar High Court, through an advice, support amendments to Article 247. Political parties want drastic amendments to the FCR and introduction of local government system in Fata but ‘invisible forces’ are not ready for changes in the existing constitutional, legal and administrative status of the area.

The establishment considers Article 247 and amendments thereto as if it is being borrowed from the Constitution of an enemy country and will create turmoil if changes are made to it. The anti-reforms mindset believes that amendment to the said article will create a big turmoil.

By the way, there is no separatist movement or activities in Fata. Like 170 million citizens of Pakistan, around 10 million people of Fata are also patriotic and love their country but the establishment is ready for it.

Amendment to the relevant article of the Constitution will extend jurisdiction of the superior courts to the region.

The times have changed. People are waiting for a change. The civil society is emerging in tribal areas. Tribal people, especially youths, are raising voice for their fundamental rights. The young lot of Fata is taking part in seminars and workshops, demanding justice, local bodies and representation in decision-making process.

A group of lawyers has filed petitions in the Supreme Court and Peshawar High Court to extend normal justice system to Fata. However, the powerful establishment is still wasting time and resources on cosmetic measures like setting up of commissions and holding of seminars instead of genuine reforms.

They could have century-old law in this modern day to rein in the people of the tribal areas but not for long as the voices rising from inside the rugged tribal areas in this age of social media for reforms are falling on deaf ears but not for long as change is a natural course. It has to happen one day.

Published in Dawn, May 6th, 2015

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