FATA Reforms News Update (July-September 2013)

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FATA Reforms News and Stakeholders
July-September 2013
Table of Contents
Journalists demand right to information in FATA ................................................................................................2
Appeal to extend youth development scheme to FATA ......................................................................................2
Civil society calls for new FATA legal status (video)...........................................................................................2
President Mamnoon calls for FATA mainstreaming............................................................................................3
FATA women empowerment urged at seminar...................................................................................................3
Bajaur parties threaten protest for LG polls in FATA ..........................................................................................4
Government asked to hold FATA and KP local elections on party basis ............................................................5
Federal ombudsman powers extended to FATA.................................................................................................6
Imran Khan for Mandela-style reconciliation in FATA.........................................................................................6
JI leader suggests local body elections in FATA ................................................................................................7
High Court questions arrest of tribesman under FCR .........................................................................................8
Reforms package for FATA coming soon says PML-N MNA Shahabuddin Khan ..............................................8
Azmat Hanif Orakzai backs extension of Right to Information Law to FATA ......................................................9
University of Peshawar holds National Conference on FATA.............................................................................9
FATA lawyers demand Supreme Court reach be extended to tribal areas .......................................................10
Shakil Afridi case exposes flaws in FATA judicial system ................................................................................10
Bajaur PkMAP urges FATA reforms implementation ........................................................................................12
Government asked to extend Supreme Court to FATA ....................................................................................12
FATA parliamentarians agree to amend Article 247 .........................................................................................13
KP governor directs inception of FATA Youth Assembly ..................................................................................13
Higher Education Commission asks to double FATA quota at universities.......................................................14
Ex-servicemen want local body elections in FATA ...........................................................................................14
Bajaur political leaders resolved to secure basic rights ....................................................................................14
PM Nawaz Sharif urges FATA mainstreaming..................................................................................................15
Local body elections demanded in tribal areas.................................................................................................15
FATA Democratic Movement, a new voice for reforms.....................................................................................15
High Court issues notices to Mohmand and Khyber political agents ................................................................16
Khyber Political Agent accused of bias against tribal journalists ......................................................................17
Supreme Court says laws must extend to FATA ..............................................................................................17
Zardari sends new reforms memorandum to PM..............................................................................................18
FATA citizens demand local government elections ..........................................................................................18
Political parties discuss FATA reforms priorities...............................................................................................19
FATA reforms Jirga seeks equal rights.............................................................................................................20
EU recommends FATA constitutional reforms ..................................................................................................20
FATA women demand more representation in reform agenda .........................................................................24
Zigzag moves on FATA (I.A. Rehman) .............................................................................................................24
Political Reforms in FATA (Amir Abbas Turi)....................................................................................................26
Learning from the past and looking forward in FATA (Raza Shah Khan) .........................................................26
ICG recommends constitutional amendment for FATA.....................................................................................27
Supreme Court Bar Association FATA Resolution............................................................................................30
Corruption stops real reform for tribal people ...................................................................................................30
Zar Ali Khan FATA reforms recommendations .................................................................................................31
Reforms needed for FATA development (Muhammad Shahid Battani) ............................................................32
FATA still denied human rights two years after 2011 reforms (Ibrahim Shinwari) ............................................35
Useless representation for FATA (Khan Zeb Burki)..........................................................................................37
FATA students voice reforms demands............................................................................................................38
Tribal citizens aspiring for equality (GQ Khan) .................................................................................................39
Rights for FATA and the need for legislation (Nizamuddin Khan).....................................................................43

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Journalists demand right to
information in FATA
PESHAWAR: Journalists on Friday demanded the
Right to Information (RTI) Ordinance, 2013 be
extended to the Federally Administered Tribal Areas
(Fata).
They made the demand at an event organised by
the Development, Environment, Legal Aid,
Technical Support and Advocacy Association
(DELTA) in collaboration with the National Research
and Development Foundation (NRDF) under
USAID.
Strategies to eradicate corruption from society and
raise public awareness against it were also
discussed. Journalists contended they should be
allowed to attend meetings of standing and public
funds committees of the provincial assembly.
They also suggested that reporters covering both
national and provincial assemblies must become
part of the information committee.
DELTA President Naazlee Sardar lauded the RTI
bill, saying the ordinance is as good as the one
enacted in Serbia, which is currently ranked number
one in RTI ratings worldwide. “DELTA is reviewing
the bill and will suggest improvements to legislators
before it is enacted,” she added.
The overall ordinance is commendable considering
information can be requested through email free of
cost for up to 20 pages, said Sardar. She also
briefed participants on advocacy programmes,
including district level conferences, citizens’ group
meetings, radio programmes and other interactive
sessions being undertaken by her organisation.
DELTA is currently implementing a Strengthening
Citizens Voice through Advocacy (SCVA) project in
Swabi, Mardan, Peshawar, Nowshera and
Charsadda districts.
SCVA aims to improve engagement between
citizens and the government to promote good
governance by giving them a voice and
strengthening public accountability.
Source: http://tribune.com.pk/story/610360/improvin
g-accountability-journalists-demand-extension-of-rti-
to-fata/
Appeal to extend youth
development scheme to FATA
BAJAUR AGENCY: Lawmakers and tribal elders of
Bajaur Agency welcomed development schemes by
Prime Minister Nawaz Shairf of Rs 20 billion for
youth in the country and urged the government to
extend the schemes to the tribal areas.
MNA Haji Bismillah Khan‚ Senator Hidayat Khan
and elders Malik Sultan Zeb Khan, Malik Ayaz Khan
and Malik Abdul Aziz told the reporters that the
youth development schemes announced by the
prime minister are the need of the hour as they
would help to create better job opportunities for the
youth and also contribute in improving the socio-
economic condition of Pakistan.
They demanded that the schemes should be
extended to the militancy-hit tribal areas, where the
youth is countering with the issue of joblessness.
The lawmakers and elders said that development
schemes by the government in the tribal areas are
very important for the rehabilitation of basic facilities
and restoration of economic activities.
They said they are hopeful that the prime minister
would not only extend the development schemes to
the youth of tribal areas but would also announce
special development program for the entire tribal
areas.
Source: http://frc.com.pk/news/appeal-for-
extending-youth-development-scheme-to-tribal-
areas
Civil society calls for new FATA
legal status (video)
A seminar on FATA terrorism and its solutions was
held by the Vision 21 Foundation in Marriott hotel on
September 1, 2013. The seminar was attended by
politicians from various parties including PTI and
JUI-F, civil society representatives and
analysts including ambassador Ayaz Wazir, Brig.
Shah Mehmood and Brig. Said Nazir and media
personalities such as Saleem Safi. Two FATA
MNAs Mr. Qaisar Jamal and Mr. Shahryar Afridi
also participated in the seminar.
The seminar was opened by the director of Vision
21, Dr. Azhar Aslam, who explained that Vision 21
had taken the initiative to hold such a seminar on
the behalf of civil society because of the lethargy
and near in action of the present government, which
has yet to announce a clear-cut policy direction of
how to combat the menace of terrorism in the
country.
He further elaborated that Vision 21 had written a
policy paper in this matter proposing a
comprehensive solution for this problem.
One of the fundamental solutions is to change the
legal status of FATA and make it into a province.
The participants were asked to agree or disagree
with this proposal or make any alternative
proposals. There was a lively discussion and debate
and several civil society representatives and

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students also took part in this debate and asked
various questions from the delegates.
The final recommendations that came out of
seminar and had consensus are as follows:
1. The first step for the restoration of peace is
negotiation but these negotiations should have
the prerequisites below as part of the package.
2. Negotiations must take place within the
parameters of the Constitution of Pakistan which
is a red line that must not be crossed.
3. Negotiations must be accompanied with a
package which includes regularising the legal
status of FATA and implementing a sound
governance structure.
4. The new governance structure for FATA must
include the local bodies system, provision of
economic generation, and job opportunities.
5. Local people in the tribal areas should be given
opportunity to govern themselves. Without this
there will be no peace.
6. The agreement should provide the provision of
security to all those who lay down their weapons
and become a part of mainstream society after
rehabilitation.
7. Negotiations should take place with the spirit of
reconciliation and forgiveness.
8. Militants of TTP should be clearly asked to
dissociate themselves from the sectarian and
foreign elements.
9. The negotiation package must also carry with it
the determination to use limited, focused and
precise use of force against those who still
refuse to become part of the mainstream
process after the package given above and want
to continue fighting for various other reasons.
Photos: https://www.facebook.com/shaista.kazmi/m
edia_set?set=a.10202067547753491.1073741829.
1330904124&type=1
President Mamnoon calls for
FATA mainstreaming
ISLAMABAD: President Mamnoon Hussain on
Monday said the government attaches top priority to
the socio-economic and political development of
FATA and would take all possible measures to bring
the people of tribal areas into national mainstream.
The President stated this while chairing a meeting,
where he was given briefing on the status of law
and order and development in FATA, here at the
Aiwan-e-Sadr.
Additional Chief Secretary FATA, Arbab Muhammad
Arif gave a detailed briefing on the status of law and
order situation, developmental projects, educational
activities and creation of employment opportunities
for youth in the area and the progress on
implementation of various reforms in FATA.
The meeting was attended by Governor Khyber
Pakhtunkhwa Engineer Shaukatullah, Chief
Secretary Khyber Pakhtunkhwa Muhammad
Shehzad Arbab, and Secretary SAFRON Amjad
Nazir, Secretary to the President Himayatullah Khan
and Additional Secretary Ahmed Farooq.
Source: http://www.app.com.pk/en_/index.php?optio
n=com_content&task=view&id=239230&Itemid=2
FATA women empowerment
urged at seminar
KHAR: Speakers at a seminar on Friday called for
protecting women’s rights in the tribal areas, saying
women empowerment is vital for the progress and
prosperity of the region.
Fata Secretariat’s Special Support Project
organised the seminar, the first ever in the tribal
areas on women’s rights, at Government Girls’
College here in collaboration with United State
Agency for International Development (USAID). A
large number of female students and teachers from
various educational institutions, women activists,
senior officials of the local administration and SSP
participated in the seminar.
The speakers highlighted issues related to women’s
rights with regard to participation in the progress of
tribal areas and said women empowerment was
essential for the development and prosperity of the
tribal areas.
They said recognition of the women’s rights
according to Islam and giving them respect were the
need of the hour.
The speakers said women made over 51 per cent of
the population and the tribal areas couldn’t progress
without involving them in social life and bringing
them into mainstream.
They expressed concern over the increased
violence against women in the tribal areas and
urged the administration, civil society and political
and religious parties to take serious notice of the
issue and create public awareness of violence
against women.
The speakers said the growing incidence of violence
against women was a matter of concern for the
women of the entire tribal areas and the government
should make serious efforts to protect the rights of
women and girls in Fata.
They expressed concern over lack of female
education facilities in the tribal areas and criticised

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the government and the tribal lawmakers for doing
nothing for the promotion of female education in
Fata.
The speakers asked the government to take serious
steps for the improvement of women’s education in
the tribal areas and establish the new girls’ schools
and colleges in all over the tribal areas.
They also urged the government and the local
administration to make functional the female
vocational centres and should set up more centres
across the agency.
Meanwhile, Bajaur Agency Additional Political Agent
Imran Hameed Sheikh on Thursday said the local
administration was taking all possible measures for
the people’s welfare in the militancy-hit areas.
He was speaking at a ceremony organised to
inaugurate the ‘Rural Livelihood and Community
Infrastructure Project (RLCIP)’ under the Multi-
Donor Trust Funds held at Billot area of Mamond
tehsil.
The additional political agent said the administration
was aware of the local residents’ problems caused
by militancy and military operation, which had badly
affected the natural resources, basic facilities and
infrastructure.
“We are striving to ensure early provision of basic
facilities to the people, while a number of schemes
of rehabilitation have been initiated in the region,”
he said.
Source: http://dawn.com/news/1044352
Bajaur parties threaten protest
for LG polls in FATA
KHAR: Speakers at a seminar here on Sunday
threatened to launch a protest movement if
government didn’t announce local bodies’ elections
in Federally Administered Tribal Areas within the
next two weeks.
The seminar titled ‘Democratic process in tribal
areas’ was organised by All Bajaur Political Parties
Alliance that was attended by local leaders of
various political and religious parties, members of
civil society and tribal elders.
All Bajaur Political Parties Alliance president
Maulana Abdur Rasheed, Pakistan Muslim League-
Nawaz leader Haji Rahat Yousaf, Maulana Mustfa
of Jamiat Ulema-i-Islam, Aurangzeb of Pakistan
People’s Party, Gul Dad Khan of Pakistan Tehreek-
i-Insaf and Sardar Khan of Jamaat-i-Islami
addressed the seminar.
They said that democracy was the best system of
governing as it could provide basic civic facilities
and fundamental rights to all citizens.
“Democracy is the guarantee of equal rights to all
humans and it is essential for the protection of rights
of common man,” they said.
The speakers said that imposition of Frontier Crimes
Regulation, absence of constitutional rights and lack
of proper justice system were main hurdles in the
development of tribal areas. They added that people
of tribal areas couldn’t make progress till
constitutional rights and basic civic facilities were
not provided to them.
The speakers said that according to Constitution of
Pakistan tribal areas were part of the country but
residents of Fata were deprived of the fundamental
rights.
“The tribesmen are the most peaceful and patriotic
citizens of the country as they have always
rendered great sacrifices for the country but so far
no ruler is ready to provide equal rights to them,”
they added.
The speakers urged the government to take serious
steps to ensure provision of fundamental rights and
basic civic facilities to the tribal people.
They demanded of the federal government and the
president of the country to speed up efforts for
strengthening democratic process in the tribal
areas.
“Strengthening democratic process and bringing
meaningful reforms in the current tribal system are
needs of the time because these are vital for
promotion of peace and development of tribal
areas,” they said.
The speakers demanded of the president to
introduce local governments system in the tribal
areas.
They said that the local bodies system was vital for
provision of basic facilities to tribal people.
The speakers said that All Bajaur Political Parties
Alliance would launch protest movement if
government didn’t announce local bodies’ elections
in Fata within the next two weeks.
Source: http://www.dawn.com/news/1043246/bajaur
-parties-threaten-protest-for-lg-polls

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Government asked to hold
FATA and KP local elections on
party basis
PESHAWAR: Various civil society organisations on
Wednesday demanded local government elections
on party basis at all levels in the province except for
village councils.
They also urged the provincial government to hold
local body elections in the Federally Administered
Tribal Areas.
CSOs and participants at a series of consultative
meetings suggest local body elections in Khyber
Pakhtunkhwa and FATA be held on party basis.
The demands were made during a joint news
conference here at Peshawar Press Club.
Representative of the Umar Asghar Khan
Foundation Rashida Dohad urged the government
to share the draft amended local body bill with the
relevant stakeholders to address their concerns
before its tabling in the provincial assembly.
She said the government should take the civil
society organisations and other stakeholders before
tabling the draft bill in the assembly so that to
remove the loopholes and make it useful for the
people of the province.
Ms Rashida demanded of the government to
incorporate all recommendations and proposals
given by the social society organisations in the draft
local government bill, which would make the system
more effective and address the issues of the people
on their doorstep.
Accompanied by Mukhtar Bacha of Amn Tehreek,
Maryam Bibi of Khwendo Kor, Professor Sarfraz of
Area Study Centre at Peshawar University and
trade unionist Gul Rehman, she said the proposals
had been drafted during four roundtable meetings
held in different divisions of the province.
The representative of the Umar Asghar Khan
Foundation said in this connection, her organisation
had arranged consultative conferences in
Peshawar, Hazara, Malakand, and DI Khan to get
input and proposals from the people of different
walks of life about the provincial government’s plan
and strategy about the local body elections in the
province.
She said mostly participations at series of the
consultative meetings had suggested that the local
body elections in Khyber Pakhtunkhwa and Fata be
held on party basis.
Ms Rashida said it was also proposed to allocate 33
per cent seats quota for women, 10 per cent for
youth, five percent each for labourers, farmers and
minorities.
“There is a need for establishing the directorate of
election for local bodies polls at all levels, while the
elections should be held on party basis at district,
tehsil and provincial levels except for village
councils, and the law against floor crossing should
be implemented in letter and spirit,” she said.
Foundation said there should be autonomous three-
categories at village, tehsil, and district levels,
wherein all required administrative setup and
support should be ensured.
She said to keep transparency and fairness in
distribution of funds, a provincial finance
commission should be constituted on the pattern of
National Finance Commission, while the
establishment of District Finance Commission and
Implementation would be the responsibility of
elected members of the provincial assembly and
their monitoring.
Ms Rashida suggested that the involvement of
members of provincial assembly in district level
development projects be restricted, while two
members from ruling and opposition be nominated
for the district finance commission.
She said the district ombudsmen system should be
strengthened to address weakness and irritants in
the local government system.
Foundation said a local government commission
headed by the minister of local government needed
to be established to resolve financial matters of local
bodies.
She said the members of parliament should focus
on legislation and all other matters relating to
development, health, education and cleanliness
should be supervised by the local body
representatives.
Source: http://www.dawn.com/news/1042323/govt-
asked-to-hold-lg-polls-on-party-basis

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Federal ombudsman powers
extended to FATA
PESHAWAR: The long-standing demand of tribal
people was met on Monday as the powers of federal
ombudsman were extended to the Federally
Administered Tribal Areas (Fata).
The notification to this effect has been issued by the
Ministry of States and Frontier Regions (Safron).
The decision would bring Fata under the jurisdiction
of higher judiciary for the first time in the country’s
history.
It is pertinent to mention here that 30 years after
establishment of the office of federal ombudsman its
jurisdiction was extended to Fata. Under the new
system tribesmen would be able to approach the
office of federal ombudsman against Fata
Secretariat and its subsidiary organisations working
under it.
Source: http://www.dawn.com/news/1041826/federa
l-ombudsmans-powers-extended-to-fata
What does the ombudsman do?
The Federal Ombudsman resolves complaints and
provides relief to the public by carrying out
independent investigations into complaints about
‘maladministration ‘ in any Federal Government
agency (including the FATA Secretariat and the
political administration in the tribal areas).
They work to put things right and share lessons
learned and help improve public services as a
result. Their independent complaints handling
service is free and open to everyone.
How does the ombudsman help?
The Federal Ombudsman aims to redress public
grievances as fairly and quickly as they can, after
examining all facts. If they think the agency you are
complaining about has already treated you fairly,
they will inform you.
If they determine that the agency has acted wrongly,
they will recommend the agency to put things right
for you. This can include recommendations that
relief may be extended to you as per the provisions
in the law.
How can you register a complaint?
Click here to register a complaint with the Federal
Ombudsman. Click here for more information on
registering complaints.
If these links do not work and for more information,
visit the Federal Ombudsman
website: http://www.mohtasib.gov.pk/
Ombudsman Offices
Islamabad
Mr. M. Salman Faruqui, NI
Wafaqi Mohtasib (Ombudsman) Secretariat,
36, Constituation Avenue, G-5/1, Opposite Supreme
Court of Pakistan
Islamabad – Pakistan
Tele: 92-51-921-7200, 921-7201
Fax: 92-51-921-7224
E-mail: ombudsman@mohtasib.gov.pk
Website: http://www.mohtasib.gov.pk
Dera Ismail Khan
H.No. 3/H, Survey No. 178, Qasim Road Cantt,
Dera Ismail Khan
Fax: 0966-9280256
Tele: 0966-9280347
E-mail: wmsrod@mohtasib.gov.pk
Mr. Sang-e-Marjan, Associate Advisor 9280216
Mr. Ihsanullah Babar, Associate Advisor 9280388
Mr. Rashid ullah Khan Kundi, Director 9280164
Mr. Shafqat Ali, Assistant Registrar 9280347
Peshawar
Mr. Muhammad Umar Afridi, Aditional Secretary
(I/C), 9211574
Syed Abid Hussain Bukhari, Consultant, 9211573
Mr. Adalat Khan, Consultant, 9211945
Mr. Ghulam Farooq, Consultant, 9214188
Mr. Firzind Ali, Consultant, 9210663
Mr. Jehanzeb Latif, Director, 9211572
Mr. Fawad Hanif, Consultant, 9213477
Source: http://www.mohtasib.gov.pk/
Imran Khan for Mandela-style
reconciliation in FATA
LAHORE: Pakistan Tehreek-e-Insaaf (PTI) will put
forward four sets of recommendations to the All
Parties Conference convened by Prime Minister
Nawaz Sharif on Monday, the party chief Imran
Khan disclosed on Sunday while addressing
workers and labourers at the Insaf Labour
Convention at Aiwan-e-Iqbal.
Khan announced that PTI will participate in the APC
and present four points:
1. Pakistan must get out of the US war on
terrorism.
2. We must start dialogue to end terrorism.
3. We should adopt policy of reconciliation in
tribal areas on the pattern of Nelson Mandela’s
policy (see explanation below).

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4. We must conduct a military operation against
those who do not want to do negotiations; but an
APC should be called before launching a military
operation.
He complained that “Khyber-Pakhtunkhwa is the
province most affected by terrorism. I want to know
what the government policy on drone strikes was,
and for that I had requested a closed door meeting
with the interior minister, the chief of army staff and
the prime minister before the APC, but I have
received no response from any quarters.”
He added, “We will try to stand united against
terrorism because without getting rid of this menace
Pakistan cannot progress.”
Source: http://tribune.com.pk/story/601763/braced-
up-imran-wants-mandela-style-reconciliation-in-fata/
Nelson Mandela’s Reconciliation
The Truth and Reconciliation Commission (TRC)
was a court-like restorative justice body assembled
in South Africa after the abolition of apartheid.
Witnesses who were identified as victims of gross
human rights violations were invited to give
statements about their experiences, and some were
selected for public hearings. Perpetrators of
violence could also give testimony and request
amnesty from both civil and criminal prosecution.
The TRC, the first of the nineteen held
internationally to stage public hearings, was seen by
many as a crucial component of the transition to full
and free democracy in South Africa. Despite some
flaws, it is generally (although not universally)
thought to have been successful.
Source: http://en.wikipedia.org/wiki/Truth_and_Reco
nciliation_Commission_(South_Africa)
Truth and Reconciliation Commission
A truth commission or truth and reconciliation
commission is a commission tasked with
discovering and revealing past wrongdoing by a
government (or, depending on the circumstances,
non-state actors also), in the hope of resolving
conflict left over from the past. They are, under
various names, occasionally set up by states
emerging from periods of internal unrest, civil war,
or dictatorship.
South Africa’s Truth and Reconciliation
Commission, established by President Nelson
Mandela and Desmond Tutu after apartheid, is
popularly considered a model of truth commissions.
As government reports, they can provide proof
against historical revisionism of state terrorism and
other crimes and human rights abuses. Truth
commissions are sometimes criticized for allowing
crimes to go unpunished, and creating impunity for
serious human rights abusers. Their roles and
abilities in this respect depend on their mandates,
which vary widely. Often, there is a public mandate
to bring past human rights violators to justice,
though in some cases (such as Argentina after 1983
and Chile after 1990), abuses of human rights have
gone unpunished under truth commissions due to
threats of antidemocratic coups by the powerful
parties who endure in the military.
In this sense, the militaries in question, having
ceded control to a civilian government, insist that
the “price” of ending their own military rule must be
full impunity for any of their past abuses. In some
cases, such as the “Full Stop” law of Argentina that
prevented prosecution of officers of the military
junta, this impunity has been enshrined in law under
the civilian government.
One of the difficult issues that has arisen over the
role of truth commissions in transitional societies,
has centered around what should be the
relationship between truth commissions and criminal
prosecutions.
Source: http://en.wikipedia.org/wiki/Truth_and_reco
nciliation_commission
JI leader suggests local body
elections in FATA
PESHAWAR: Ameer Jamaat-e-Islami FATA
chapter, Sahibzada Haroon-ur-Rasheed, has
stressed the political parties to announce withdrawal
of forces and lifting of curfew from all affected areas
of FATA and ensure respectful repatriation of the
tribal residents in the upcoming All Party
Conference (APC).
He was addressing a meeting of the party here at
Markaz Islami Peshawar on Sunday. General
secretary Jamaat-e-Islami FATA Dr Munsif Khan,
Doctor Samiullah Jan Mehsood and Haji Sardar
Khan were also present on the occasion.
Sahibzada Haroon-ur-Rasheed alleged that security
forces are killing innocent people in military
operations in FATA and it is time for Nawaz
government to stop all these operation in tribal
areas. He also demanded of the government to
release all missing persons and innocent people
from various jails and compensate the affected
families as soon as possible.
He suggested the government to announce
schedule for local bodies’ elections in FATA. They
also passed a resolution in which they condemned
the repeated raids of security forces on the house of
Haroon-ur-Rasheed.
They also criticised the role of Khyber Pakhtunkhwa
governor and termed his policies against the people

8
of Bajaur Agency. He said that without any reason
he was teasing the workers of Jamaat-e-Islami. He
demanded of the federal government to remove
Khyber Pakhtunkhwa governor and announce a
new name in the greater interest of FATA.
Source: http://www.nation.com.pk/pakistan-news-
newspaper-daily-english-online/national/09-Sep-
2013/ji-leader-demands-troops-withdrawal-from-fata
fatareforms.orghttp://www.fatareforms.org/high-court-
questions-arrest-tribesman-fcr/
High Court questions arrest of
tribesman under FCR
PESHAWAR: The Peshawar High Court on
Thursday sought replies from officials of the federal
and provincial government in the arrest of a
tribesman under the Frontier Crimes Regulation
(FCR).
Among those put on notice are Ministry of States
and Frontier Regions secretary, law and
parliamentary affairs secretary, Federally
Administered Tribal Areas (Fata) additional
secretary, secretary of the Home and Tribal Affairs
Department and the provincial advocate general.
A two-member bench comprising Justice Mazhar
Alam Miankhel and Justice Qaiser Rashid accepted
the petition filed by Nizam through his lawyer
Samiullah Afridi. The lawyer informed the bench that
on July 29, 2009 his client was arrested and
sentenced for 20 years with a fine of Rs0.2 million.
Failing to provide the money, he was warned of four
more years of imprisonment. Nizam has been
charged under sections 121A and 122 for anti-state
activities.
Afridi said his client belongs to Bara, Khyber Agency
and the sentence given to him is against the law
because he was not given a fair trial and allowed to
present his defence.
“The FCR is a black law which fails to provide
justice to tribesmen. We have informed our elected
representatives to take concrete steps in this
regard,” the lawyer added.
“Tribesmen elect their representatives during
elections, but when they face a problem they
consult the court. They need to persuade their
representatives to make changes in the FCR and
provide justice to needy people,” Justice Qaiser
Rashid said in his remarks.
The bench then put senior officials of both federal
and provincial governments on notice and said they
should submit their reply by the next hearing.
Source: http://tribune.com.pk/story/600407/draconia
n-law-phc-puts-govt-officials-on-notice-over-
tribesmans-arrest/
Reforms package for FATA
coming soon says PML-N MNA
Shahabuddin Khan
KHAR: PML-N MNA from Bajaur Agency
Shahabuddin Khan on Saturday said that the
federal government would soon announce a reforms
package for FATA which would ensure equal rights
to the tribal people.
He was talking to a delegation of All Bajaur Political
Parties Alliance here on Saturday.
Mr Shahabuddin said Frontier Crimes Regulation
and absence of constitutional rights was the main
hurdle in the way of progress of tribesmen.
He said that FATA was a part of Pakistan and
tribesmen had always rendered valuable sacrifices
for the larger interest of the country, but
unfortunately they had been deprived of
fundamental rights.
He said unlimited powers of political administration,
ignorance and lack of basic citizen rights and social
justice kept the tribesmen backward.
He said he would continue efforts to bring
revolutionary changes in the tribal system.
He said that he had informed Prime Minister Mian
Nawaz Sharif and other senior party leaders about
the problems of tribesmen.
“The prime minister has assured me of making
meaningful reforms in the current tribal system and
also promised to introduce constitutional rights to
the tribal areas,” he said.
Mr Shah said that the federal government had also
increased the annual development funds of Fata
and taken steps to ensure transparency in execution
of development schemes.
He said efforts had been accelerated for
establishing FATA Medical College in Bajaur
Agency and that site had been selected for this
purpose.
“Academic session in the university will start within
months,” he said.
The FATA lawmaker said that the establishment of
the medical college would boost socio-economic
condition of the agency.
On the occasion, leaders of All Bajaur Political
Parties Alliance informed the MNA about the
problems facing the tribesmen in Bajaur Agency.

9
They asked the lawmaker to arrange surprise visits
to public offices, health and education institutions to
ensure their smooth functioning.
They also urged him to highlight their problems in
the National Assembly and convince the federal
government to introduce local government system in
the tribal areas.
Source: http://www.dawn.com/news/1041346/reform
s-package-for-fata-soon-lawmaker
Azmat Hanif Orakzai backs
extension of Right to
Information Law to FATA
PESHAWAR: Participants at an awareness seminar
have highlighted the significant of promulgation of
Right to Information law in Khyber Pakhtunkhwa,
demanded the law to be extended to divisional
headquarters, Provincially Administrative Tribal
Areas (Pata) and Fata.
The access to information is basic right of every
citizen, which can be ensured by implementation of
Right to Information Law in K-P. The RTI law has
been promulgated while keeping in view best
practices at the international level, and the credit
goes to new elected Pakistan Tehreek-e-Insaf led
government to make important legislation under the
global commitment and constitutional requirements,
said Azmat Hanif Orakzai, Secretary Information
Khyber Pakhtunkhwa while speaking at the
seminar as chief guest on Tuesday.
The seminar on titled: “Right to Information
Legislation in Khyber Pakhtunkhwa and Way
Forward” was held at a local hotel. Representatives
from civil society, legal experts, and representatives
from other relevant stakeholders were participated
in the seminar. Participants thoroughly discussed
the recently promulgated Right to Information
ordinance 2013 in KP, asked the government to
take effective steps for its proper implementation,
called for launching a specific awareness campaign
about this important law in the province. Most of
laws were not properly enacted due to certain
reasons and implications, they viewed.
The speakers recommended: “The government
should rectify all those impediments and obstacles
with consultation of relevant stakeholders, and legal
experts before tabling in the provincial legislation
assembly in shape bill”.
They further suggested that the law would enable to
get access to document of public sector institutions,
so it should be extended to divisional headquarters,
Provincially Administration Tribal Areas and
Federally Administrative Tribal Areas as well. Azmat
Orakzai informed that the PTI-led government had
framed a charter of good governance under which
more than 11 laws would be promulgated in the
future, including right to service, conflict interest,
accountability Establishment bill, and importantly
Right to Information ordinance 2013.
While highlighting the salient features of RTI
ordinance 2013 in KP, he informed that a
information commission would be constituted,
saying that a retired justice of Peshawar High Court,
practicing lawyer, eminent citizens recommended by
Human Right Organisation, and a retired bureaucrat
would be appointed as its members. He informed
that the case will be disposed off with maximum 20-
days otherwise the relevant officers would be faced
penalty and fines due to not provision of required
data or information in fixed days under the RTI law.
Mr Orakzai supported that the suggestion of
extending RTI law to PATA and Tribal region. But,
he informed that the recently promulgated RTI
ordinance 2013, will not be implemented on Pata,
Fata and federal public institutions and line
agencies. Zahid Abdullah from CPDI, while
addressing on the occasion said he said an ordinary
citizen would get access to information to
documents of the public institutions, which was
earlier very difficult for everyone.
Giving suggestion for further improvement in RTI
ordinance 2013, he recommended that Peshawar
High Court, should also bring under ambit of this
law, while the penalty for the denial of data or
information under the RTI ordinance by the relevant
officer, would also increased from Rs.250 to per
daily salary basis. Javed Akhtar, from Swabi Society
for Welfare Association (SWWA) also spoke on the
occasion.
Source: http://thefrontierpost.com/fata/?p=87
University of Peshawar holds
National Conference on FATA
Conference participants stressed the need for multi-
dimensional reforms for FATA.
Pakistan Study Centre, University of Peshawar held
3-day National Conference on FATA at Baragali
Summer Camp on 29-31 August, 2013.
In all, 25 paper presenters/intellectuals from all over
the country including 100 delegates attended the
conference. Prof. Dr. Rasool Jan, Vice Chancellor
University of Peshawar, inaugurated the moot. The
Chief Organizer / Director Pakistan Study Centre,
Dr. Fakhr-ul-Islam highlighted the objectives.
Topics of papers included history, culture, Jirga
system, FCR, political participation, insurgency,
economic and social sector development.

10
FATA Research Centre (FRC) was represented by
Muhammad Zaheer Khan, Programme Manager, he
presented a paper on the “Post US Withdrawal
Scenario In Afghanistan: Implications for Peace and
Development in FATA”.
Every paper was followed by lively discussion /
questions / answers Session. It has been decided
that proceedings of the conference will be published
soon.
On the concluding day, the conference approved a
joint declaration which reads as “The National
Conference on FATA held at Baragali Summer
Camp University of Peshawar on 29-31 August
2013 expresses its solidarity with the people of
FATA and regrets that people of that area have
been kept deprived of all the rights available to the
settled areas of Pakistan.”
“The causes of unrest in FATA are poverty, bad
governance, Draconian laws, institutional corruption,
and political, economic and social deprivation.”
The statement went on to state that, “The causes of
unrest in FATA are many which include poverty, bad
governance, Draconian laws, institutional corruption,
and political, economic and social deprivation.
However, the most important of the causes is the
ongoing insurgency. This insurgency needs to be
stopped through engaging the non-State actors in
dialogue.”
The conference termed “Drone Attacks” in FATA
unlawful, unjust, counter-productive and detrimental
to the sovereignty of Pakistan, indicating that ”these
attacks should be stopped through aggressive
diplomacy.”
The conference felt the need of multi-dimensional
reforms in the area. The conference urged upon the
government that “in devising policy for FATA, total
reliance on bureaucracy should be minimized and
opinion of academia and civil society may also be
taken into consideration”.
Source: http://frc.com.pk/news/national-conference-
on-fata
FATA lawyers demand
Supreme Court reach be
extended to tribal areas
PESHAWAR: A lawyers’ forum from the Federally
Administered Tribal Areas (FATA) has asked the
government to extend jurisdiction of the Supreme
Court and high court to the tribal areas.
Addressing a press conference at the press club on
Monday, the president of FATA Lawyers Forum
(FLF) Muhammad Ijaz Mohmand said the area has
been neglected since the creation of Pakistan and
now the world calls it a ‘crime zone’.
“No one is interested in bringing any change in the
war-torn area,” said Mohmand, adding they
expected much from the new government but it has
not even talked about the oppression in FATA.
“Extension of the Political Parties Act does not make
sense when the tribesmen do not have any
decision-making powers,” Mohmand argued, adding
the previous government considered it a huge
success but people are still subjected to the same
tyrannical rule.
At the press conference, FLF member Taj Mahal
Afridi alleged non-governmental organisations get
funds from international donors for the tribal region
and pocket the money. “No one wants to change
our condition as this is an easy source of income,”
he alleged.
The FATA Tribunal created to provide quick justice
to the tribal areas has been subjected to criticism
after a retired bureaucrat was hired to pass
judgments. “Hundreds of people are languishing in
jails around FATA since the last two years and
nobody has been presented for trial,” said Afridi.
The forum asked the federal government to extend
the jurisdictions of the supreme and high courts to
FATA and ensure “provision of basic human rights
as enshrined in the Constitution of Pakistan.”
Source: http://tribune.com.pk/story/595554/demand-
for-reforms-lawyers-demand-scs-reach-be-
extended-to-tribal-areas/
Shakil Afridi case exposes
flaws in FATA judicial system
The verdict given by Frontier Crimes Regulation
(FCR) Commissioner in the case of Dr Shakil Afridi
exposed shortcomings in the judicial system
enforced in Federally Administered Tribal Areas
(FATA) for the last over a century.
Peshawar Commissioner Sahibzada Mohammad
Anees, who has been delegated powers of FCR
commissioner under section 48 of the Regulation,
on Aug 29 set aside conviction of Dr Shakil and sent
the case back to Khyber Agency political agent for
re-trial.
Dr Shakil, a former agency surgeon, was arrested in
May 2011 on suspicion of helping the American CIA
to track down Osama bin Laden through a fake
hepatitis vaccination campaign in Abbottabad.
However, he was not convicted for that offence and
instead was found guilty by an assistant political
agent in his capacity as additional district magistrate
on May 23, 2012, of having links with militants,

11
especially those belonging to Bara-based
proscribed organisation, Lashkar-i-Islam.
The APA sentenced him to prison terms on different
counts totalling 33 years imprisonment.
Section 50 of FCR provides that the appellate
authority, which is the commissioner, should decide
an appeal within 60 days. However, in the instant
case the commissioner took around 15 months just
to remand the case back without touching its merit.
Interestingly, the FCR commissioner has delivered a
single-page judgment wherein he did not mention
any specific legal ground for remanding back the
case for re-trial. The only reason he has given in the
verdict for remanding the case back is: “I am of the
view that such a serious nature case should have
been tried by the political agent himself under
proper law andRewaj so as to ensure absence of
iota of any doubt regarding merit and transparency.
Therefore, the subject case is remanded back to
political agent/session judge Khyber Agency in
order to weigh afresh the pro and against
arguments of both the parties under law
and Rewaj.”
The commissioner ruled that the appellant would not
be released on bail till the final conclusion of the
case.
The Code of Criminal Procedure (CrPC) 1898,
which is the procedural law for criminal cases, was
extended to tribal areas by the then British governor
general through a notification on Sept 3, 1939.
However, its provisions have rarely been followed
and the procedural law is FCR 1901 under which in
civil and criminal cases council of elders has been
constituted and on the basis of its findings the
political agent or the APA passes the order.
Interestingly, the administrative officers in an
agency have been supervising administration,
prosecution and judicial system. In such
circumstances there could be no hope of a fair trial
in the tribal areas.
Section 11 of FCR is the most important section in
criminal cases. It provides whenever an offense of
which the PA is competent to take cognisance is
committed, the case shall be registered and the
accused shall be produced before the APA within 24
hours of the arrest. The PA shall refer the case to
the council of elders for finding of guilt or innocence
of the suspect and the council after holding
necessary inquiry and hearing the parties and
witnesses, submit its findings to the PA.
On receipt of the findings of the council, the PA may
pass an order in accordance with the findings of the
majority of the council or remand the case to the
council for further inquiry and findings.
Through the Constitution (Eighteenth Amendment)
Act 2010, Article 10-A was incorporated in the
Constitution of Pakistan which states: “For the
determination of his civil rights and obligations or in
any criminal charge against him a person shall be
entitled to a fair trial and due process.” This
provision can be implemented in rest of the country,
however, the inhabitants of FATA are not fortunate
enough to even think of a fair trial.
The Qanoon-i-Shahadat Order 1984, which is the
law of the evidence in rest of the country, has so far
not been extended to FATA.
Similarly, the provisions of CrPC related to
recording statement of a witness in a criminal case
have also not been followed. Section 164 of CrPC
empowers a magistrate to record confessional
statement of a suspect or a witness in a case.
The accused person has the right to cross-examine
a witness appearing against him in a court of law,
but in FATA there is no concept of cross-
examination of prosecution witnesses.
The appellate forum also consists of the
commissioner, who is an administrative officer and
not a judicial one. Similarly, a decision of the
commissioner can be challenged before a three-
member FATA Tribunal through a revision petition.
However, presently, two of the members of the
tribunal are retired government servants and the
third one is a lawyer. Thus, this tribunal also can’t
be called a judicial forum independent of the
influence of the executive.
“Apparently, there is no use of sending back the
case to the PA as he is part and parcel of the same
oppressive system and can’t make an independent
decision,” said Advocate Samiullah Afridi, the lead
counsel of Dr Shakil Afridi.
He said that the PA had to reconstitute council of
elders and it would have to give fresh findings on
the charges levelled against Dr Shakil. The counsel
alleged that in the earlier trial his client was
convicted in a single day.
“Article 275 of the Constitution provides that the
judiciary should be separated from the executive,
but that provision has not been implemented in
FATA where executive officers have been
performing as judicial officers,” said Noor Alam
Khan, an advocate of the Supreme Court.
He said that unless the jurisdiction of superior courts
including the Supreme Court and Peshawar High
Court had not been extended to tribal areas
fundamental rights provided in the constitution could
not be enforced.

12
By Waseem Ahmad Shah
Source: http://www.dawn.com/news/1039982/dr-
shakil-case-exposes-flaws-in-fata-judicial-system
Bajaur PkMAP urges FATA
reforms implementation
KHAR: Pakhtunkhwa Milli Awami Party (PkMAP),
Bajaur Agency, on Tuesday urged the government
to implement reforms in Federally Administered
Tribal Areas (FATA) and immediately extend
constitutional rights to the tribal areas, saying that
lack of basic civil rights was the main cause of
backwardness of the area.
Speaking at a press conference here, local PkMAP
leaders, including its president Asghar Khan, Lehaz
Gul and Azam Khan, expressed concern over delay
in implementation of reforms in the Frontier Crimes
Regulation (FCR).
Mr Asghar said that the government had turned the
FATA reforms into a joke as no visible change was
seen in the tribal areas since the reforms were
announced.
It seemed the government is not interested in
bringing positive changes in the area, he said.
He said that besides swift implementation of reforms
in FATA the government should take additional
steps for change in tribal system because the
reforms alone were insufficient to solve problems of
tribesmen.
They said that PkMAP chief Mehmood Khan
Achakzai would soon present a resolution in the
National Assembly for awarding the FATA a status
of a separate province.
The PkMAP activists urged the government to
extend fundamental rights to the tribal areas and
said that provision of basic constitutional rights was
vital to the development of FATA.
They said that the jurisdiction of Supreme Court and
high court should be extended to the FATA and the
tribal areas be regulated under the 1973
Constitution rather than the FCR.
Source: http://www.dawn.com/news/1038858/imple
mentation-of-fata-reforms-urged
Government asked to extend
Supreme Court to FATA
PESHAWAR: The lawyers from tribal areas have
expressed reservations over amendments in
Frontier Crimes Regulation (FCR) and demanded of
the government to extend the jurisdiction of apex
court to FATA.
Addressing a press conference here on Monday,
FATA Lawyers Forum president Ijaz Mohmand said
that FCR was amended during the previous
government but the changes were not implemented
so far.
“FATA needs proper attention and focus to end
deprivation among tribal people.”
Flanked by FLF general secretary Taj Mahal Afridi,
joint secretary Farhad and others, he said that
political agents still had absolute authority in FATA
despite introduction of amendments to FCR.
Mr Mohmand alleged that political agents were
playing with lives, honour and properties of tribal
people as they enjoyed unlimited powers. Tribal
people had no value in the prevailing situation as
law and constitution had no importance in FATA, he
added.
The masses, the FLF president said, were not given
the right to raise voice for their rights and that was
why the political administration was victimising them
by exercising its unlawful powers.
Mr Mohmand said that government should have
brought FATA under the parliament through the
18th Amendment. FATA parliamentarians also failed
to raise voice for the rights of their people, he
added.
He said that tribal people were awarded punishment
in violation of the basic human rights owing to
absence of an effective judicial system in FATA. He
demanded of the government to extend regular law
to FATA under Article 247 of the Constitution so that
poor tribal people could live with peace.
Mr Mohmand said that the extension of jurisdiction
of courts to FATA would end the bureaucratic
hurdles that would also help in eradication of
terrorism and mainstreaming the tribal society.
He said that change was impossible under the
present bureaucratic system of federal government
in FATA as it was creating hurdles in bringing tribal
areas in the mainstream and mitigating problems of
the militancy-affected tribal people.
“FATA needs proper attention and focus to end
sense of deprivation among the tribal people,” Mr
Mohmand said. He added that FATA was
deliberately kept backward in all fields and
successive governments failed to give rights and
due status to tribal people.
The reforms introduced by the previous government
in FCR didn’t bring any change in the fate of tribal
people rather their problems were further
complicated. “Change is impossible without
extension of jurisdiction of superior courts to FATA,”
he added. The leader of tribal lawyers said that they

13
had great expectations from the incumbent
government but its policies showed that government
was not sincere to solve problems of tribal people.
The federal government, he said, was yet to
formulate or announce a policy for the resolution of
the problems being faced by the tribesmen. He
added that FATA had never been a priority of the
successive governments.
Mr Mohmand said if federal government wanted to
bring any change in FATA then it should extend the
jurisdiction of Supreme Court and Peshawar High
Court to tribal areas.
He said that the administrative issues would be
automatically resolved in FATA with the extension of
courts’ jurisdiction to the area. He called for holding
a referendum on creation of FATA council.
The FLF, Mr Mohmand said, would raise voice for
solution of the issue at all forums. He asked the civil
society organisations and media to extend support
to legal fraternity in that regard.
Source: http://dawn.com/news/1038655/govt-asked-
to-extend-sc-jurisdiction-to-fata
FATA parliamentarians agree to
amend Article 247
The FATA Lawyer’s Forum arranged a meeting with
all FATA parliamentarians in parliament lodges on
21 August 2013 and convinced them to pass a
resolution from the National Assembly and Senate
of Pakistan to make necessary amendments to
Article 247 (7) of the Constitution of Pakistan 1973.
FATA Senators and MNAs unanimously agreed and
assured the FATA Lawyer’s Forum to draft the
amendment and with the help of ruling party to pass
the same in the National Assembly and Senate.
On 22 August 2013, the Supreme Court Bar
Association of Pakistan (SCBAP) passed a
resolution on the special request of the FATA
Lawyer’s Forum. The contents of the resolution are:
1. Enforcement of fundamental rights in FATA
2. Extension of jurisdiction of High Courts and
Supreme Court to FATA
3. Rule of law in FATA
FATA Lawyer’s Forum President Ijaz Mohmand
spoke to media and stated that it is the time to bring
FATA into the mainstream of politics that the FATA
Lawyer’s Forum asks for rule of law in FATA.
“We are lawyers and demand these all within the
sphere of law,” he said, indicating that FATA
lawyers will meet with all prominent politicians to
pass the same resolution from parliament.
Source: https://www.facebook.com/photo.php?fbid=
524376847632100&set=a.444481428954976.96687
.443903895679396&type=1
KP governor directs inception
of FATA Youth Assembly
Directive dated August 26, 2013 from the Khyber
Pakhtunkhwa governor to the FATA additional chief
secretary in the FATA Secretariat:
I am directed to refer to the above noted subject and
to state that delegates of Kyhber Pakhtunkhwa
Youth Assembly led by their Chief Minister,
Ministers, Opposition Leader and Youth
Parliamentarians, met the Governor Khyber
Pakhtunkhwa on August 23, 2013.
During discussion it transpired that Pakistan
Institute of Legislative Development and
Transparency (PILDAT), with support of Assembly
Secretariat Khyber Pakhtunkhwa, has established a
Youth Assembly KP on pattern of Pakistan Youth
Assembly where youngsters, girls and boys are
elected to form a forum to teach them democratic
norms and inculcate leadership qualities in them.
The Governor informed them that FATA students
have already formed a voluntary, self-financed
FATA Youth Forum but require proper patronage.
He also informed that about the youth policy being
finalized under the guidance of Senator Rubina
Khalid and Ms Mehreen Afridi of the FATA Youth
Forum.
Consequent to discussion, the Governor Khyber
Pakhtunkhwa was pleased to direct them as under:
1. PILDAT would be requested to provide
equivalent support in the formation of the FATA
Youth Assembly on exactly the same pattern;
2. In this regard, PILDAT will coordinate with
Senator Rubina Khalid, FATA Youth Forum and
the Directorate of Youth Affairs FATA;
3. From the government side, Mr Arshad Majeed,
Secretary FIFA FATA and Mr Faisal Jamil Shah,
Director Sports and Youth Affairs will be the
focal persons;
4. Funding requirement for the initiative will be
provided through a non-ADP scheme;
5. The FATA Youth Assembly will be a perpetual
initiative with sessions in Islamabad and FATA
Secretariat Peshawar;
6. Special instructions would be issued to all
government offices etc to provide time and
information to the Youth Assembly Members so
that they could carry out research work and
bring forth workable proposals.

14
Source: https://www.facebook.com/photo.php?fbid=
460904074017561
Higher Education Commission
asks to double FATA quota at
universities
ISLAMABAD: Higher Education Commission (HEC)
Chairman Javaid Laghari has written a letter to the
vice chancellors of all universities to double the
admission quotas for students from the Federally
Administered Tribal Areas (Fata) from one to two
per cent.
“Fata is at a crossroad and the current mayhem and
chaos in tribal areas could directly be linked to lack
of opportunities for the local populace,” he wrote in
his letter.
“The disgruntled youth can easily fall prey to the lure
of extremists and there is also a dearth of
educational institutions in Fata. The situation
warrants urgent action from all and sundry,” he said.
The prime minister has also issued directives to
provinces to make arrangements to reserve at least
two per cent of seats for Fata students in medical,
engineering and other professional institutions and
universities, the letter said.
Meanwhile, the HEC has also decided to award
foreign PhD scholarships to working journalists from
Fata under the “Provision of higher education
opportunities for the students of Balochistan and
Fata” project. These scholarships will be provided
for PhD studies at leading universities in USA, UK,
Canada, Australia and New Zealand for spring 2014
session. Working journalists with Fata domiciles and
master or equivalent degrees in journalism would be
eligible to apply.
HEC has also decided to award foreign PhD
scholarships to working journalists from Fata under
the provision of higher education opportunities for
the students of Balochistan and FATA.
Source: http://tribune.com.pk/story/594405/fata-
students-vcs-asked-to-enhance-admission-quota/
Ex-servicemen want local body
elections in FATA
BAJAUR AGENCY: Ex-Serviceman Society FATA
GS Kemya Khan Afridi has said that along with the
other parts of the country, the government should
also conduct Local Government elections in FATA.
While talking to media persons in Khar, the Ex-
serviceman Society leader said that government
was getting preparations to hold local bodies
election in the country, but the government has not
made it clear whether it would hold the same
elections in the tribal regions or not. He urged the
PML-N-led federal government to conduct local
bodies’ elections in FATA as it would further
strengthen the democratic culture in the tribal areas.
“Power can be easily devolved at the grass root
level through holding local bodies elections in FATA,
KK Afridi argued, saying the government should not
deprive the tribesmen of this basic right.”
“The tribal people will neither accept nominated
local bodies nor keep silent if local bodies elections
were not held in tribal regions, the Ex-serviceman
Society leader remarked. KK Afridi demanded of the
government to conduct LG elections at the same
day with the other parts of Pakistan. He said that
deprivation of the tribal people from their social,
political and constitutional rights would lead to
conflict and backwardness in the region.
The Ex-Serviceman Society FATA leader also urged
the government to bring the bureaucracy working in
FATA under the local governments so that speedy
welfare and development could be started in FATA.
The political administration should be made
accountable and answerable to the elected
representatives in FATA, he suggested, saying
continuation of the chaotic situation would further
aggravate the problems in FATA.
KK Afridi asked the government to explain its
position whether it is willing to hold local bodies
elections in FATA or not.
Source: http://thefrontierpost.com/fata/?p=49
Bajaur political leaders
resolved to secure basic rights
BAJAUR AGENCY: All Bajaur Political Parties
Alliance has showed concern over what they called
awful behavior of the government officials with the
tribesmen and resolved that efforts would be made
to secure basic rights of people of the region.
The decision was made at a meeting of the alliance
here at the residence of former MNA Akhund Zada
Chattan here on Thrusday at Khar.
The alliance president, former senator Maulana
Abdur Rasheed, chaired the meeting, which was
addressed by member central executive committee
of Pakistan People`s Party Mr Aurangzeb, Mr
Chattan, Awami National Party`s Attaullah Khan,
Rahat Yousaf of Pakistan Muslim League-Nawaz
and Jamaat-i-Islami`s Fata chief Sahibzada Haroon
Rasheed.
They said that complaints about misconduct of
officials of political administration with poor
tribesmen were increasing day by day since the

15
establishment of government writ in Bajaur Agency.
They said that people had been suffering at the
hands of officials without committing any crime.
“We do not know the reason for the misbehavior of
the officials with our citizens, but this is certainly
going to create mistrust between the administration
and people”, said Haroon Rasheed.
He claimed that the officials had been arresting a
large number of tribesmen daily under the collective
responsibility law, only to release them after
receiving bribe in the cover of fine.
Source: http://www.fatareforms.org/bajaur-political-
leaders-resolved-to-secure-basic-rights/
PM Nawaz Sharif urges FATA
mainstreaming
Prime Minister Nawaz Sharif on Thursday stressed
the need for mainstreaming FATA and bringing it at
par with rest of the country. The PM expressed
these views during a meeting with a delegation of
Senators from FATA, who called on him here at the
PM Office. Nawaz said his government was
committed to work for the socio-economic uplift of
FATA and to improve the living standard of the
people of those areas. The overall political situation
with special focus on the law and order situation in
the country and FATA came under discussion
during the meeting.
newspaper-daily-english-online/islamabad/26-Jul-
2013/prime-minister-stresses-fata-development
Local body elections demanded
in tribal areas
Senior Jamaat-e-Islami FATA leader and member of
the Political Parties Joint Committee on FATA
Reforms Zar Noor Afridi has said that along with the
other parts of the country, the government should
conduct local government elections in FATA.
While talking to media persons in Landikotal, Afridi
said that the government was making preparations
to hold local body elections in the country, but that
the government has not made it clear whether or not
it would hold the same elections in the tribal regions.
Afridi urged the PML-N-led federal government to
conduct local government elections in FATA as it
would further strengthen democratic culture in the
tribal areas.
“Power can be easily devolved to the grassroots
level by holding local body elections in FATA,” Afridi
argued, addoing that the government should not
deprive the tribesmen of this basic right.
“The tribal people will neither accept nominated
local bodies nor will they keep silent if local body
elections are not held in the tribal areas,” the JI
leader remarked. Afridi demanded that the
government conduct local government elections at
the same time as those in other parts of Pakistan.
He said that depriving tribal people of their social,
political and constitutional rights would lead to
conflict and backwardness in the region.
The JI FATA leader also urged the government to
bring the bureaucracy (aka political administration)
working in FATA under the control of newly elected
local governments so that speedy welfare and
development could be started. The political
administration should be made accountable and
answerable to new local elected representatives in
FATA, Afridi suggested, saying that any
continuation of the current chaotic situation would
further aggravate problems in FATA. He further
asked the government to explain its position and
make clear whether it is willing to hold local body
elections in FATA or not .
Source: http://allvoices.com/contributed-
news/15100189-local-bodies-elections-demanded-
in-tribal-regions
FATA Democratic Movement, a
new voice for reforms
FATA Democratic Movement is an organization
representing the whole of FATA, founded a few
years ago in Jamrud in Khyber Agency at the Hujra
of Abdul Rahim Afridi, former President of the
Awami National Party in Khyber Agency. Master
Khan Habib Afridi (late) was chosen as the first
convener while Abdul Rahim Afridi was declared the
official spokesman of FATA Democratic Movement
(FDM).
At his first press conference, new acting FDM
President Abdul Rahim Afridi addressed the media
at the Peshawar Press Club, stating that FATA
Democratic Movement is a purely political
organization but that it has no affiliation with any
particular group or political party. All political parties,
groups and individuals are welcome and
encouraged to join as members as long as they
agree with the goals and objectives of the
organization.
FDM was established to bring together and
represent like-minded political parties and
individuals who want a positive change for FATA
and its people. Changes needed include political,
constitutional, administrative and judicial reforms.
FDM spokesperson Zar Ali Khan Afridi stated that,
“We are living in a world filled with darkness and
despair and this world is called FATA. Keeping

16
people living as unsettled ‘tribals’ in the 21st century
is a disgrace to the citizens of FATA.”
“While many nations of the world achieved
independence, we the people of FATA continue to
be fettered by the Frontier Crimes Regulation
(FCR), imposed over a century ago. While the world
has changed completely, it is now the time to rise up
and work for positive change in FATA, in our tribal
areas.”
FDM spokespersons went on to indicate that, “In
1956, the FCR was abolished from the then-named
North West Frontier Province. Since then, it was
also repealed in Khyber Pakhtunkhwa and
Baluchistan but remains in force in FATA. This law
is a blatant human rights violation of the people of
FATA.”
At present, there are twenty elected
parliamentarians for FATA in the upper and lower
houses (Senate and National Assembly) in
Pakistan. Ironically, however, these so-called
‘representatives’ are prohibited by law from
legislating for the FATA people, due to fact that
Article 247 of the Constitution of Pakistan gives all
such powers to the President of Pakistan.
FCR amendments and other political reforms
announced and enacted by the President of
Pakistan in August 2011 brought a sigh of relief to
tribal citizens as they permitted political parties to
engage (to some extent) in FATA and create
political awareness among the people.
FDM indicated that, “Had the government also
announced some representation in the provincial
assembly of Khyber Pakhtunkhwa, it would have
been an improvement and people might have
relaxed, politically. This reform, however, was
delayed by one pretext or another.”
FATA Democratic Movement is the voice of nearly
all tribal people engaged in the struggle for the
political and human rights of the people of FATA.
FDM works to emancipate them from the clutches of
the cruel political and legal systems currently in
place in FATA. Initially, FDM has two main
objectives:
1. Complete abolition of the Frontier Crimes
Regulation (FCR); and
2. Representation for FATA in the provincial
assembly of Khyber Pakhtunkhwa.
FDM is building consensus on these two important
objectives in FATA and intends to hold a Jirga of
150 tribal political activists, civil society
organizations, lawyers, tribal mashran, Maliks,
teachers, students, women and people from all
walks of life to participate and share their
experiences, ideas and debate the pros and cons of
these objectives for the future of FATA and its
people. FDM is the native movement from FATA
and has a representation in nearly all tribal agencies
and FRs.
In addition to the work of FDM, other groups are
busy working for reforms in FATA. Now is the time
for all reformers, political parties, civil society
organizations, media, teachers, students, lawyers,
trade unions, women organizations and so on to join
hands and work collectively to bring changes to the
current system in the tribal areas.
Although some amendments have been announced,
they are few and not enough. Further reforms are
needed, such as the basic and fundamental
changes needed to Article 247 of the constitution
and handing over FATA legislation powers from the
president to parliament. In addition, jurisdiction of
the superior courts must be extended to FATA and
an elected and empowered FATA council should be
established and given power to present
recommendations and suggestions to the President
of Pakistan regarding the future status of FATA.
After the sudden death of its founding convener, Ijaz
Afridi was nominated for a brief period and Abdul
Rahim Afridi was named FDM president. After his
departure to United States, Raees Norat Khan Afridi
was named convener and Zar Ali Khan Afridi
spokesman.
Among FDM founding members are: Raees Norat
Khan Afridi, Ijaz Afridi, Ghani Rehman, Saleem
khan, shabir Khan, Ameer Khan Akakhel, Manzoor
Afridi (Jamrud, Khyber Agency), Gul Nawaz
Tarakzai (Mohmand Agency), Ikram Khan (Bajaur),
Noor Aslam Khan Afridi and Majeed Khan Afridi (FR
Kohat), Naseem Khan Wazir (FR Bannu), Malik
Shaukat (FR Lakki), Daud Khan Sherani and
Engineer Shahi Khan Sherani (FR DI Khan), Malik
Luqman Afridi, Brigadier Gul Mansher Afridi and Zar
Ali Khan (FR Peshawar).
Source: http://www.fatareforms.org/fata-democratic-
movement-a-new-voice-for-reforms-in-fata/
High Court issues notices to
Mohmand and Khyber political
agents
PESHAWAR: The Peshawar High Court (PHC) on
Tuesday asked the political authorities of tribal
agencies to explain illegal detention of citizens on
the next hearing.
A two-member bench comprising Justice Nisar
Hussain Khan and Justice Musarrat Hilali issued
show-cause notices to political agents (PAs) of
Mohmand and Khyber tribal regions and Assistant
Political Agent (APA) Jamrud and superintendent

17
Peshawar Central Prison, directing them to explain
the reason for detention of the citizens on the next
hearing of the case August 27. The bench issued
notice to PA Mohmand Agency in a habeas corpus
petition of Muhammad Islam, in which he claimed
that the official had kept his brother Abdul Wadood
in his illegal detention for the past five months
without any charges.
Zartaj Anwar, the petitioner’s lawyer submitted
before the bench that the family members through a
jirga of tribal elders handed over the detainee for
three days to PA Mohmand on November 11, 2012
after his request that the Mahsud Scouts wanted
some interrogation from him. He argued that the PA
Mohmand then kept the detainee at his lockup
without any reason. After five months, he said the
PA released him on bail.
After nine months of the release, he said the PA
Mohmand again arrested the detainee and kept at
his illegal detention to date. The petitioner said that
his brother had a job at Telenor Mobile Company as
he did his diploma in engineering.
The bench also issued show-cause notice to PA
Khyber Agency and Jamrud APA for violating the
Fata Tribunal order and keeping a citizen in an
illegal detention even after the court’s order.
The bench also put on notice superintendent
Peshawar Central Prison, directing him to explain
why he kept the petitioner in prison even after the
Fata Tribunal (an appellate court for APA, PA and
FCR Commissioner’s courts) order regarding his
release. The detainee, Pirzada had claimed in his
petition that on July 14, 2012 during military
operation he was arrested by Mehsud Scouts and
then handed over to the political administration.
He said the political authorities sentenced him for
seven years for his alleged links with militants
against which he approached the Fata Tribunal. He
said the tribunal acquitted him in the case on June
10, 2013.
He said the political authorities did not release him
from the Peshawar Central Prison even after the
Fata Tribunal decision. He said the political
authorities filed a review petition in the Fata Tribunal
against his acquittal, which was also dismissed. To
keep him in illegal detention, he claimed that
political authorities booked him in a false case in
back date of 2007.
Source: http://www.thenews.com.pk/Todays-News-
2-195792-PHC-issues-notices-to-Mohmand,-
Khyber-PAs
Khyber Political Agent accused
of bias against tribal journalists
A meeting of tribal journalists was held in the
Landikotal Press Club with President Ahmad Nabi
Shinwari on Friday. The journalists condemned
actions of the Khyber Agency Political Agent
Motahir Zib, which they said amounted to
intimidation of local journalists. The political
administration official is allegedly telling Khyber
journalists in Landikotal not to report on the real
problems of tribal citizens in the Agency.
“The Political Agent in Khyber has specifically
targeted some of the senior journalists at
Landikotal,” observed some of the journalists in the
meeting, adding that because of their reporting on
the location of proxy Khasadars in the force, the
Political Agent has resorted to unfair and biased
actions against them. The tribal journalists refused
to compromise on their principles and basic rights,
however, and the Political Agent turned on them as
a result.
Journalists indicated that the official had issued
orders to dismantle additional check posts on
the Khyber Pass, but so far could not do so
because of corruption and illegal fee-charging at the
check post. Some present at the meeting
threatened to increase their protest throughout the
Agency to expose the Political Agent’s abuse of
power. The journalists have also called on the
government to take immediate action against the
official and to remove him from Khyber Agency.
Source: http://www.allvoices.com/contributed-
news/14977346-pa-khyber-is-biased-against-tribal-
journalists
Supreme Court says laws must
extend to FATA
ISLAMABAD: Observing that missing persons
seemed to be detained in internment centers in
tribal areas, the Supreme Court on Monday asked
the federal government to extend its laws to both
the federally and provincially administered tribal
areas, to ensure the fundamental rights of citizens
living there.
“Federation of Pakistan must take steps to extend
laws to Federally Administered Tribal Areas (FATA)
and Provincially Administered Tribal Areas (PATA).
When you take their elected representatives in the
assemblies then why are the people not getting their
rights,” observed Chief Justice Iftikhar Muhammad
Chaudhry, who was heading a three-judge bench.
“The government has informed us that there are 504
missing persons and there are seven internment

18
centers in different areas of PATA and FATA,” said
Justice Khawaja, one of the members of the bench,
hearing cases of the missing persons
The chief justice observed that if someone was
found involved in criminal activity, they should be
put to a fair trial in accordance with rules and laws. “
Issuing notices to the FATA and PATA secretaries,
the bench sought the complete record of the
detained persons and reports regarding periodical
meetings of the review boards renewing the
detention orders of the detained persons.
The bench was keen to know whether the detained
persons were being treated as per the frontier
regulations and whether the law was being adhered
to.
Hearing multiple cases of enforced disappearances,
the bench also directed the authorities to arrange a
meeting of the detained persons and their families
and adjourned hearing till July 29.
Taking up the separate cases of disappearance of
two brothers respectively from Dera Ismail Khan
and Bhakhar, the bench asked the Inspectors
General (IG) of Khyber Pakhtunkhwa and Punjab to
explain what action had been taken for the recovery
of the individuals.
Deputy Attorney General Tariq Khokhar informed
the bench that two separate FIRs were registered
last year soon after the incidents of disappearance
were reported.
Khokhar informed the bench that officials of relevant
police stations had been nominated in the FIRs;
however, he was not aware as to what action had
so far been taken against the accused officials.
Taking notice of the plight of the missing person’s
families, the chief justice asked the additional
attorney general to make sure that the
compensations were paid to the families as travel
allowance in accordance with Justice retired
Mansoor Alam Commission Report’s
recommendations.
Published in The Express Tribune, July 16th
, 2013.
Source: http://tribune.com.pk/story/577533/internme
nt-centres-in-fata-laws-must-extend-to-tribalareas-
states-sc
Zardari sends new reforms
memorandum to PM
ISLAMABAD: A memorandum of FATA Grand
Assembly regarding ensuring implementation of
reforms in tribal areas has been sent to government
from president house. An Autonomous FATA
Council has been suggested on the pattern on
National Assembly in the tribal areas where
governor and FATA Secretariat would be
answerable before FATA Council. Meanwhile local
body elections have been demanded in tribal
agencies on a fast track basis.
According to sources, the memorandum comprising
FATA reforms for tribals has been sent to
government from the president house. The
government after finalizing the draft of reforms
would send it to president house for official approval
and presidential order would be issued for
implementation over FATA reforms.
The proposals presented by FATA Grand Assembly
to President Asif Ali Zardari in the previous days
said that joint declaration of tribes could prove
fruitful to bring and ensure peace in the tribal areas.
The president has been appealed for FATA reforms
that package of reforms of 2010 should be
implemented on the fast track basis. The
constitutional amendments should be done after
taking members of parliament of FATA into
confidence so that the tribal members could take
part in legislation regarding FATA. The fundamental
rights should be extended up to FATA as done in
the other parts of the country and the right to define
the status should be given to people of FATA.
Moreover, FATA council should be elected on the
basis of franchise and it should be given the right to
present suggestion to the president. The district
government system should be introduced in FATA.
The Jirga System should be empowered. The
political administration should be held accountable
before elected members of district government.
There should be reserve seats for women of FATA
in Senate and National Assembly.
Source: http://www.sananews.net/english/memoran
dum-of-fata-grand-assembly-regarding-ensuring-
implementation-of-reforms-in-tribal-areas-sent-to-
govt-from-presidency/
FATA citizens demand local
government elections
Members of the FATA Local Council Association
have demanded the government to hold local body
elections in tribal region after the directive of
superior judiciary.
Speaking at a news conference here at press club
on Friday, Association President Shahjehan Afridi
said that Supreme Court issued clear-cut directives
for holding LG elections by September in the
country that reflecting seriousness of Chief Justice
Iftikhar Muhammad Chaudhry. “The move is a
welcoming step but the tribal region is ignored for

19
bringing power at grassroots level by holding local
body elections in FATA,” he maintained.
Afridi called for holding LB polls in FATA as per
schedule announced for other parts of the country,
adding the tribesmen could be able to elect public
representatives through a democratic process.
Flanked by the Association General Secretary
Javed Afridi and other officer-bearers, he said that
positive activities would be started after conducting
local body elections in FATA while it could also
provide opportunity to tribesmen to elect real
leadership with power of their votes.
Local government elections should be held in
Khyber Pakhtunkhwa and tribal areas
simultaneously so that tribal people could get rid of
the Frontier Crimes Regulations and Maliki system,
they added.
The office- bearers said the tribal areas were kept
backward under a conspiracy. They urged the
coalition parties in the provincial government –
Pakistan Tehreek-e-Insaf, Jamaat-e-Islami and
Qaumi Watan Party – to pass a resolution in the
provincial assembly calling on the federal
government to hold local government election in the
tribal areas. They said if the federal government
failed to announce local government election in
tribal areas, they would move court and start a
protest drive.
He said that FATA was deliberately kept backwards
in all fields, particularly health and education. “Tribal
people are facing enormous hardships due to the
ongoing situation in FATA,” he observed.
He said that successive governments had failed to
mainstream and bring change in social fabric of the
tribal society. “Tribesmen are patriotic citizens, who
rendered enormous sacrifices for this motherland,”
he added.
He termed that the FATA reforms process was only
an eye washing but no practical steps were taken to
mitigate the sufferings of tribal people.
He said the democratic process was a way to bring
reforms in FATA. Therefore, he demanded the
government to hold local body elections in tribal
region like other parts of the country.
newspaper-daily-english-online/national/20-Jul-
2013/fata-local-council-demands-lb-polls
Political parties discuss FATA
reforms priorities
ISLAMABAD: Eleven political parties met to discuss
reforms priorities for the tribal areas, demanding
that peace be established and fundamental rights
be guaranteed for FATA citizens.
As part of the two-day conference, the Political
Parties Joint Committee on FATA Reforms
welcomed Shaheed Bhutto Foundation and FATA
Lawyers Forum representatives, reviewed the
recently adopted Citizens’ Declaration for FATA
Reforms, and developed consolidated reforms
priorities of their own.
All eleven political parties reassert the need for
effective implementation of existing reforms. More
specifically, the FATA Committee encourages the
new government and Members of the National
Assembly to amend Article 247 of the Constitution
of Pakistan and enact further reforms for the tribal
areas. Committee members indicated that they
would soon present their consensus reform priorities
to the leaders of their political parties, all MNAs and
Prime Minister Nawaz Sharif for consideration.
To that end, the Committee welcomed the
attendance of three MNAs from FATA
constituencies at their discussions this weekend:
Bismillah Khan from NA-43 in Bajaur Agency, Al-
Haaj Shah Jee Gul from NA-45 in Khyber, and
Qaisar Jamal Afridi (PTI) from NA-47 Frontier
Regions. Balochistan Chief Minister Dr. Malik
Baloch also participated in the discussion,
expressing his appreciation for the work of the
FATA Committee and offering full support of the
National Party and the Government of Balochistan
for the Committee’s reforms initiatives for the tribal
areas. Political party representatives expressed
disappointment with the failure of the Election
Commission of Pakistan to adequately address the
committee’s recommendations for free and fair
elections in the tribal areas, submitted on December
27, 2012. Despite some effort, the Election
Commission did not provide all IDPs from FATA
with access to vote.
In addition, NADRA and the Election Commission
failed to substantially increase CNIC and voter
registration in FATA, independent judicial officers
were not deployed as election returning officers,
polling stations were too far from many tribal voters,
and provincial and local election officials did not
open direct communications with agency-level
political party leaders as the committee requested.
With complete support from the political party
leadership, 11 political parties are represented on
the FATA Committee: Awami National Party (ANP),

20
Jamaat-e-Islami (JI), Jamiat Ulema-e-Islam F (JUI-
F), Muttahida Quami Movement (MQM), National
Party (NP), Pashtoonkhwa Milli Awami Party
(PkMAP), Pakistan Muslim League Quaid-e-Azam
(PML), Pakistan Muslim League Nawaz (PML-N),
Pakistan People’s Party (PPP), Pakistan Tehreek-e-
Insaf (PTI) and Qaumi Watan Party (QWP).
In 2010, the Political Parties Joint Committee on
FATA Reforms began working together to
demonstrate their shared commitment to promoting
debate throughout Pakistan and to call for the
implementation of reforms in the tribal areas.
Today, the 11 member parties of the FATA
Committee continue to engage in discussions with
stakeholders from FATA to build consensus,
increase awareness and promote dialogue on
existing and future reforms. At the June 29 meeting,
the FATA Committee welcomed new members
Ayesha Gulalai Wazir (MNA, PTI) and Mufti Abdul
Shakoor (JUI-F).
Source: http://www.thefrontierpost.com/article/23940/
FATA reforms Jirga seeks
equal rights
ISLAMABAD: Participants of a ‘grand jirga’
(assembly) on Thursday called for implementation
of reforms in the violence-hit Federally-Administered
Tribal Areas (Fata) and sought equal status and
fundamental rights to the tribal people at par with
other citizens of the country.
Representatives from tribal areas, civil society and
political parties approved ‘Citizen’s Declaration for
Fata Reforms’ at the assembly organised by the
Shaheed Bhutto Foundation with an aim to bring the
people of tribal areas into mainstream politics.
During a news conference, the participants
demanded the implementation of amendments
made to the Frontier Crime Regulations (FCR) in
2011.
“The constitutional provisions regarding Fata need
to be amended so that Fata parliamentarians could
play a key role in legislation pertaining to the tribal
areas,” it stated.
The statement also declared that it is for the people
of Fata to determine whether they want to integrate
with Khyber-Pakhtunkhwa or want a separate
province.
The formation of a council through adult franchise
with an aim to advise the President on Fata’s needs
and the establishment of local government under
Fata Local Government Regulation 2002, were also
proposed at the assembly.
Other reforms include strengthening of khasadar,
reserve seats for tribal women in parliament,
extension of the Supreme Court and high court
jurisdiction to Fata, implementation of press and
publication ordinance, abolishment of Action in Aid
of Civil Power Regulation 2011, promotion of
education and setting up hospitals with modern
facilities.
Some of the participants termed the suggestions a
‘wish list’, saying that none of the reforms could be
enforced until the security situation improves on the
ground.
“Tribal elders should meet the prime minister if they
want enforcement of reforms in tribal agencies
rather than the President whose tenure is ending in
September,” Maulana Abdul Jalil Jan of the Jamaat-
i-Islami told The Express Tribune.
He said apart from legislation regarding FCR, all
other demands will have to be catered to by the
parliament.
Asad Afridi of Qaumi Watan Party said K-P, Fata
and Pakhtun-dominated areas of Balochistan should
be integrated into one unit to counter the militancy.
Source: http://tribune.com.pk/story/572667/fata-
reforms-jirga-seeks-equal-status-fundamental-
rights/
EU recommends FATA
constitutional reforms
The European Union (EU) presented its election
observation report following 2013 general elections
in Pakistan, including 50 reforms recommendations.
One of the observation mission’s election
recommendations deals directly with reforms for the
Federally Administered Tribal Areas (FATA), calling
for amendment of Article 247 of the Constitution of
Pakistan:
FATA Reforms Recommendation
To ensure genuine elections in FATA, further
constitutional reforms should be undertaken to
enable FATA residents to enjoy fundamental
political freedoms and civil rights as other citizens of
Pakistan do. In addition, the 12 National Assembly
representatives of FATA should be able to legislate
for FATA.
FATA National Assembly representatives are
currently not entitled to legislate for FATA since
legislative and executive powers lie with the
President and, per extension, his representative, the
Governor of KPK, and the Political Agents. To
achieve the necessary change, a constitutional
amendment is required and should be pursued by
the Parliament of Pakistan.

21
Related International Obligations &
Commitments
International Covenant on Civil and Political Rights
(ICCPR) article 25b: “To vote and to be elected at
genuine periodic elections”.
ICCPR GC 25, paragraph 7: “Where citizens
participate in the conduct of public affairs through
freely chosen representatives, it is implicit in article
25 that those representatives do in fact exercise
governmental power and they are accountable
through the electoral process for their exercise of
that power.”
Please find below excerpts from the EU election
observation report that address FATA. At the end of
this document, please find the complete EU report.
Election Violence
During the last four weeks of the campaign, there
were a reported 130 security incidents resulting in
more than 150 people killed. Most of the attacks
were directed against candidates and supporters of
parties identified as secular, in particular the Awami
National Party (ANP) in Khyber Pakhtunkwa (KPK)
and the Muttahida Quami Movement (MQM) in
Sindh, two of the three political parties the Tehreek-
e Taleban Pakistan (TTP) had threatened, the third
being the Pakistan Peoples Party (PPP). However,
the last two weeks of the campaign saw an
increasing number of attacks against other parties
and independent candidates in all four provinces
and the Federally Administered Tribal Areas
(FATA). The federal and provincial caretaker
Governments took, in varying degrees, security
measures and made protection arrangements for
candidates.
However, the last two weeks of the campaign saw
an increasing number of attacks against other
parties including JI, JUI-F, PTI, the Baloch parties
Balochistan National Party-Mengal (BNP) and
National Party (NP), and independent candidates in
all four provinces and FATA. In most cases the
perpetrators of these other attacks remained
unknown. The security environment of the elections
in Balochistan was seemingly aggravated by
widespread threats issued by militant groups in
particular in the Baloch parts of the province against
the electoral process as a whole.
Since 11 April, there were 41 attacks in KPK and
another 41 in Balochistan, as well as 26 attacks in
Sindh, 9 in Punjab and 6 in FATA. ANP suffered 34
attacks, followed by MQM with 17 attacks. There
were 14 on independent candidates, while PML-N
was targeted 12 times, PPP 8 times, and JUI-F 6
times. Numerous other parties including NP, JI or
PTI had five or fewer attacks.
Although election day was less marred by violence
than anticipated, there was a reported total of 62
election related security incidents, including some
serious explosions, that affected all the provinces.
These mostly took place at polling stations, and
appear to be due to a mixture of terrorist and inter-
party violence. The incidents resulted in at least 64
deaths and 225 people injured (see Annex 4
Election Day Violence). Only in one NA
constituency, in FATA (Kurram Agency) were
elections cancelled for security reasons.
Media & Elections
The media provided a range of viewpoints, as well
as scrutiny of the election process. Although the
media generally enjoys freedom of speech,
journalists and editors were targeted by militant or
other groups in Karachi, some other parts of Sindh,
Balochistan and FATA, and the state authorities
took insufficient measures to protect.
The relative freedom of speech enjoyed was
curtailed in early April 2013 when numerous media
houses, and their individual editors and journalists,
received threats from various militant or other
groups who demanded printing/broadcasting of their
anti-elections messages without editing and/or
critical analysis. Prior to election day such
intimidation was experienced by staff at Dawn, Daily
Jang, Mashriq, GEO TV, Express TV, ARY TV,
Waqt TV and various less prominent media outlets
in Karachi and some other parts of Sindh,
Balochistan and FATA. The most popular
commercial TV channels were taken off air in parts
of Balochistan before the elections, due to pressure
put on cable TV operators, which further limited
access to information. State authorities did not take
sufficient measures to protect media practitioners.
Moreover, further pressure was put on outlets
following a ruling on 16 April from the Balochistan
High Court, in which the Pakistan Electronic Media
Authority (PEMRA) fined four TV stations for
broadcasting election-related messages from
banned organizations, despite the media houses
claims that these news items were aired under a
direct threat from the authoring organizations, the
TTP in particular.
Legal Structure & Political Parties
FATA has a different legal structure, and as it is
federally administered, its elected representatives
are in the NA but have a limited role in governance
of the territory. Gilgit-Baltistan, and Azad Jammu
and Kashmir are not represented in the federal
parliament. These areas have their own constitution
and elected assemblies, however they still remain
under de facto Pakistani rule.

FATA Reforms News Update (July-September 2013)

FATA Reforms News Update (July-September 2013)

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