Amending the FCRs

That the government is working on amending the notorious Frontier Crimes Regulations (FCRs) of 1901 still in force in the Federally Administered Tribal Areas (Fata) is good news.

This was stated in the Senate on Monday by law minister, Mr Wasi Zafar, who was responding to a resolution moved by the Peoples' Party, demanding amendments to the FCRs. The minister said that the government was in consultation with the tribal leaders for the purpose.

The regulations in question have long outlived their practical utility and serve as a blotch on democracy as guaranteed by the Constitution of Pakistan. Promulgated first by the British in 1872, the FCRs have been amended a number of times, mostly before independence, but they remain cruel and inhuman and are wholly inconsistent with the norms of civil society.

Under these regulations, the British colonial government kept the tribal areas along the Durand Line outside the purview of the normal laws and granted them conditional autonomy. But this autonomy came with strings attached - the provision of assigning collective responsibility to the whole tribe for the crime committed by one individual being its most scathing and unfair feature.

The FCRs, as they exist today, defy all principles of justice, fairplay, human and civil rights. As the recent military operations in South Waziristan have shown, entire communities have been economically blockaded or forced out of their homes and hearths for the crime of the few foreigners whom some of their kinsmen chose to provide shelter to.

Thus, many tribesmen themselves have come to realize that these regulations have lost all their social and political relevance. Even otherwise, within the now politically reformed Fata since the introduction of universal adult franchise there in 1997, the extension of the privilege of autonomous decision-making to a handful of Maliks who, like everyone else, now carry one vote each, makes little sense.

It is because of the FCRs and the dubious character of the autonomy granted under them that Fata continues to be viewed with suspicion by the rest of Pakistan as well as the world at large.

For all practical purposes, this kind of autonomy has been an impediment in the way of development and socio-economic progress of the areas concerned. The sooner this anomaly is removed, the better it will be.

Rights groups have long demanded an outright repeal of the FCRs and their replacement by normal laws of the land, as was done in the federally administered Northern Areas where the FCRs had remained in force until 1974.

The woes associated with the on-going military operations in South Waziristan aside, the FCRs must also be blamed for the imprisonment of a number of innocent civilians, among them women and children, who belong to the families or tribes of the proclaimed offenders and fugitives wanted by the government.

Given the present sensitivities among Fata tribesman vis-a-vis the Wana operations, it may be unrealistic to push for an outright repeal of the FCRs. Under the circumstances, the government's decision to engage the tribesmen with an aim to amend these regulations and reform them to a level of mutual acceptability cannot be faulted. But this should be done in a way that does not compromise the ultimate goal, which must remain the repeal of the FCRs and the complete political integration of Fata with the rest of the country.

Asean's example

It is encouraging to see that Asean and China have signed an accord to create the world's biggest free trade area by removing tariffs for their two billion people by the decade's end.

This is a giant leap in their vision of building a trade bloc to rival Europe and the US. Asean leaders had earlier signed a pact to flesh out the agreement last year to create an Asean community along the lines of a unified Europe by 2020.

It aims at creating a common market with common security goals. November's accord will remove all tariffs by 2010, and is part of a wider "plan of action" to develop cooperation in politics, security, military affairs, transportation, information technology and tourism. It will build on two-way trade and is expected to surpass $100 billion this year.

In today's world regional economic grouping for cooperation seems to be the general trend. South Asia needs to emulate this example. Saarc countries have already taken a decision to begin to implement the South Asian Free Trade Agreement from January 1, 2006.

Though Safta would benefit all member nations, in the immediate context following the signing of the agreement the primary beneficiaries will be India and Pakistan. So far, direct trade between India and Pakistan has been very little.

No doubt, Safta will be advantageous for the region, but it might face some hurdles in the way of its implementation. The most important of it could be the failure of India and Pakistan to resolve their disputes amicably.

Tension-free relations between India and Pakistan are a pre-requisite for a successful trade treaty in South Asia. If the region manages to implement the agreement as planned, it will have a far-reaching economic and political impact which would be largely positive. It could also turn out to be the most important confidence-building measure in recent times in South Asia.

Precautions against fog

Foggy conditions have returned this year, with much of central and northern Punjab and parts of the NWFP being in its grip for the past few days. With winter just round the corner, it is likely that such conditions will go on for some time, albeit with varying intensity, in the coming weeks.

In fact, on some days in the past week, the fog has been so heavy that the Lahore-Islamabad-Peshawar motorway had to be temporarily closed to traffic - after several accidents happened on this road.

Dozens of flights have either been delayed or cancelled and several trains passing through Lahore have been delayed by several hours, causing hardship and inconvenience to passengers.

As is the case with any weather-related emergency, the wisest course to follow is of extreme precaution. Unfortunately, many drivers in Pakistan, especially those who drive heavy vehicles on the highways, are not exactly known for responsible and safe driving.

Hence, it would be good if the motorway and highway traffic police increased their level of monitoring and surveillance to keep a check on traffic and, by establishing close contact with the meteorological department, close off roads before the onset of heavy fog.

This would help minimize chances of casualties. Those driving should also have the sense to use their hazard/warning lights when poor visibility so demands. Also, the services of the media, especially the increasing number of localized FM channels, should be used to warn motorists and commuters of hazardous travelling conditions.

As for air travel, since there are bound to be delays, airlines should be ready to cope with the rush or backlog of passengers that is bound to result. Hopefully, PIA, which has several flights every day to fog-prone cities like Lahore, Faisalabad, Multan and Peshawar, will have some kind of contingency plan to deal with unexpected or unusually long delays.

Likewise, Pakistan Railways will have to demonstrate increased vigilance, especially at level crossings or where a single track is used for both 'up' and 'down' traffic, to minimize chances of accidents happening because of adverse weather conditions.