FATA Faces FATA Voices

DEDICATED TO THE PEOPLE OF FATA

Excluded from essential provisions of the Constitution of the Islamic Republic of
Pakistan, the tribal areas are administered through a legal and administrative
regulation known as the Frontier Crimes Regulation (FCR), originally imposed in
1901. No act of the Parliament of Pakistan applies to FATA unless extended by
special orders from the President of Pakistan. Furthermore and despite the
continuous struggle of the people there, FATA enjoys no elected representation
at local or provincial levels, and until 1996 tribal citizens had no universal voting
rights in elections for the National Assembly of Pakistan.
The FCR was originally enacted by British authorities in an attempt to control
Pashtun tribes on the northwest frontier of British India. The provisions of the
regulation provided sweeping and arbitrary powers to political agents (the
administrative head of the each agency and agent of the President of Pakistan)
to arrest members of a whole tribe, demolish their homes, blockade them, close
their businesses and confiscate their property to enforce compliance with
government interests. While the FCR was abolished in Pakistan’s Northwest
Frontier Province (NWFP, now Khyber Pakhtunkhwa) in 1956, it remains in force
in FATA still today.
For the last three decades, the people of FATA have seen their land and
associations exploited for strategic gain. First during the Afghan jihad and later
during Taliban and post-Taliban periods in Afghanistan, the people of FATA have
been an unwilling host to government forces as well as militants from around the
world. This occupation has severely limited the sovereignty and equality of tribal
citizens, enabled a prosperous and corrupt war economy in FATA, empowered
militants and decreased space for democratic voices.
In efforts to combat the governance vacuum and democratic deficit facing
tribal citizens, mainstream political parties in Pakistan have united to
demand that the people of FATA be provided the same constitutional rights
enjoyed by other Pakistani citizens.
Shackled for more than one hundred years under an outdated British law,
the Federally Administered Tribal Areas (FATA) of Pakistan has been
plagued by instability extending well beyond its colonial-era border with
Afghanistan.
THE STRUGGLE FOR RIGHTS AND REFORMS
IN PAKISTAN’S TRIBAL AREAS

In 2010, mainstream political parties formed the Political Parties Joint
Committee on FATA Reforms (known as the FATA Committee) to demonstrate a
shared commitment to progress and prosperity in FATA, promote debate and call
for the implementation of reforms in the tribal areas. For years, the FATA
Committee and other stakeholders have worked to build consensus and
pressure government.
Following government pressure by this multi-party advocacy effort, President
Asif Ali Zardari enacted a FATA reforms package in August 2011, including
removing the ban on political party participation in tribal elections, making
significant amendments to the FCR and increasing development activities in
FATA. Although implementation of some 2011 reforms has been inconsistent,
the changes have helped to create an enabling environment for democratic
actors in FATA. In 2014, the ten political parties on the FATA Committee along
with other tribal political leaders and civil society activists continue to push for
further reforms for FATA, including peace and development, the introduction of a
local government system, separation of judicial and executive powers, extension
of the superior judiciary’s jurisdiction, and a constitutional amendment to
guarantee fundamental rights and authentic legislative representation for FATA
citizens.
As is demonstrated throughout this report, government institutions, political
parties and civil society in Pakistan indicate widespread consensus on the need
for new and more comprehensive reforms for FATA. In recent months for
example, President of Pakistan Mamnoon Hussain said that government is
committed to reforms to help the people of FATA¹ and that all possible measures
would be taken to bring FATA into the mainstream². Given the powerful actors
involved in making decisions regarding the strategically significant tribal areas,
popular support and strong political will is needed to implement the longstanding
reform demands of both people in FATA as well as patriotic Pakistanis across the
country.
THE BIRTH OF FATA
The Federally Administered Tribal Areas (FATA) of Pakistan owes its existence to
the struggle between the British and Russian empires for supremacy in Central
Asia. To protect India from Russian influence in Central Asia, the British
considered Afghanistan as a trump card in the geopolitical battle commonly
referred to as the “Great Game”.³ British policymakers were divided on how to
bring Afghanistan under their sphere of influence. War hawks advocated a
“forward policy” strategy while others argued for the creation of a buffer zone to
combat the Russian advance into South Asia.
FATA is today comprised of thirteen administrative districts, including
seven primary “agencies” and six “frontier regions”. From north to south,
the agencies are Bajaur, Mohmand, Khyber, Orakzai, Kurram, North
Waziristan and South Waziristan. The frontier regions (FRs) are FR
Peshawar, FR Kohat, FR Bannu, FR Lakki Marwat, FR Tank and FR Dera
Ismail Khan.

Despite Major General Sir Henry Creswicke Rawlinson’s arguments in favour of
physical occupation of Afghanistan’s power-center in Kandahar, the “forward
policy” was rejected in favour of the less ambitious strategy of a closed-door
policy towards Afghanistan. The strategy stipulated that – in return for subsidies
– Afghanistan would become a buffer to curtail Russian influence. Subsequently,
the Pakistan-Afghanistan border agreement of 1893, known as the Durand Line
Agreement,4 between British India and the Afghan Amir (ruler) instigated a tribal
uprising in 1897 during which tribes from Malakand to Waziristan attacked
British forces.
In 1901, due to strong Pashtun resistance to British subjugation, authorities
separated Pashtun-populated areas from Punjab Province on the other side of
the Indus River. As a result, an additional buffer area was created in 1901 and
named the Northwest Frontier Province (NWFP, later renamed Khyber
Pakhtunkhwa), including the “settled areas” inside today’s provincial borders as
well as the adjacent tribal areas of FATA.
The creation of NWFP and the adjoining tribal areas was designed to rein
in and control Pashtun tribes.
Pashtun reformers opposed the FCR and other British policies restricting
their political rights.⁵
To achieve this objective, the British devised a “carrot and stick” policy by
providing financial rewards to friendly tribal chiefs (maliks) and punishing
non-cooperative behaviour through strict application of a new legal and
administrative regime known as the Frontier Crimes Regulation (FCR).
PASHTUN REFORM MOVEMENTS
Application of the FCR to NWFP and the tribal areas gave birth to a new class of
Pashtun reformers. This new face of Pashtun resistance was informed by
contributions made by missionary schools in Peshawar, exposure to modern
influences in the British Indian Army, and an educational reform movement
known as Tehrik-e-Dar-ul-Uloom-e-Islamia (the Islamia College Movement) in
1913. The latter was also inspired by the Aligarh education movement of Muslim
scholar Sir Syed Ahmad Khan, who stressed reform through the acquisition of
modern education by Muslims from India.
Another Pashtun reform movement was spearheaded in 1916 by Abdul Ghaffar
Khan, better known as Baacha Khan, and to the Indians as the “Frontier Gandhi”.
The Baacha Khan social reform movement gradually transformed into a political
movement known as the Khudai Khidmatgar Movement (Servants of God
Movement) and later aligned with the All India National Congress in 1930.
Although those aligned with the Khudai Khidmatgar Movement were able to form
a government in NWFP following 1937 and 1946 elections, their inclination
towards the Indian National Congress and opposition to the partition of India put
them on the wrong side of history when the All India Muslim League
spearheaded the creation of Pakistan. According to one account, Baacha Khan
had agreed to the accession of NWFP to Pakistan on the condition (among
others) that the tribal areas be officially merged with NWFP (now Khyber
Pakhtunkhwa Province).6

Following the departure of the British and the creation of the new Islamic
Republic of Pakistan in 1947, the FCR was repealed in NWFP in 1956 and in
Malakand Agency in 1975. Quaid-e-Azam Mohammad Ali Jinnah had agreed to
Baacha Khan’s proposal of integrating FATA with NWFP, but Jinnah asked that
the tribes be convinced before such a merger.7
MILITANTS AND FOREIGN INTERVENTION
After the creation of FATA and following the Soviet intervention in Afghanistan in
1979, Pakistan’s strategic considerations in FATA were supported by black
market and drug traffickers, some civil servants, and a minority of tribesmen with
stakes in maintaining the status quo. As these forces stifled voices for reform in
FATA, the Soviet intervention set the stage for another period of proxy wars in the
region. Initial local resistance to the Soviet presence transformed the region into
a theatre of war impacting Pashtun society as well as global developments.
The Afghan resistance attracted jihadis (holy warriors) from around the world
and FATA was used for sanctuary and transit of weapons and fighters to infiltrate
Afghanistan and attack Soviet and Afghan troops. The terrorist attacks of
September 11, 2001 and the subsequent American-led intervention to topple the
Taliban in Afghanistan further aggravated the situation and transformed FATA
into an international flashpoint. The basic foundation of tribal society was
transformed as militant groups took advantage of the vacuum by targeting
traditional tribal maliks, political leaders and progressive democratic actors in the
tribal areas.
THE FRONTIER CRIMES REGULATION
First implemented in 1901, the FCR is an instrument of control, which violates
modern principles and systems of justice. Prior to the 2011 amendments a
political agent could imprison tribesmen for as long as he wished, even if only on
suspicion of non-conformist behavior. In addition, political agents have the power
to imprison most members of a tribe for the offence of one of its members, order
houses demolished or burned, confiscate their property, close their businesses
and order blockades against hostile tribes. Prior to 2011 amendments, the FCR
did not distinguish between male, female and child offenders and still does not
provide any right to counsel to the accused.
Among other changes, 2011 amendments to the Frontier Crimes
Regulation (FCR) prohibit authorities from arresting women and children
and provide small gains in terms of the right to appeal judicial decisions
of administration officials.
In clear opposition to the international governance standard regarding the
separation of powers, the federal government maintains legislative, executive
and judicial control over FATA, denying both the Pakistani judicial system and the
Parliament of Pakistan any jurisdiction in the tribal areas. At the local level,
political agents are empowered by the FCR to exercise the combined powers of
police, prosecution, judge and election administration all in one office.

General Pervez Musharraf creates
National Reconstruction Bureau,
including an agenda for FATA reform
1999
General Musharraf enacts
local government system in
FATA (later repealed)
2002
2000
General Musharraf establishes
FATA Reforms Committee
recommending FATA province,
FATA council, and representation
in NWFP Provincial Assembly
FATA REFORM HISTORY
TIMELINE OF POLITICAL AND LEGAL REFORM FOR
PAKISTAN’S TRIBAL AREAS
Annexation of FATA with British India
Khudai Khidmatgar Movement
(Servants of God Movement) began
First Constitution of the Islamic
Republic of Pakistan
New Constitution of the Islamic
New Constitution of the Islamic
FCR abolished in Northwest
Frontier Province (NWFP,
remained in force in FATA)
Frontier Crimes Regulation (FCR) enacted
Tribes on Pakistan-Afghanistan
border attack British forces
Tehrik-e-Dar-ul-Uloom-e-Islami
(Islamia College Movement) began
Durand Line Agreement signed
1848 1897 1975
FCR abolished in Malakand Agency
and Balochistan (remained in force
in FATA)
19621913
Islamic Republic of
Pakistan established
1947
1893 1956 1973
Adult franchise granted to FATA
19961901 1916

Benazir Bhutto petitions
Supreme Court for extension of
Political Parties Order to FATA
2007
Shaheed Bhutto Foundation (SBF)
conferences with leaders
throughout FATA on mainstreaming
President Asif Ali Zardari
announces future FATA reforms
2009
2004
Human Rights Commission of
Pakistan calls to abolish FCR in FATA
2005
FCR Reforms Committee
established, Chairman Justice
Mian Ajmal
2006
FATA Secretariat established
2010
Political Parties Joint Committee
on FATA Reforms (FATA
Committee) established with
mainstream political parties
2012
FATA Secretariat announces
draft FATA Local Government
Regulation
2008
Prime Minister Yousaf Raza
Gillani promises to abolish FCR
Cabinet committee established
to recommend FCR reforms,
Chairman Farooq Naek
2013
First-ever political party-based
elections held in FATA
FATA Lawyer’s Forum calls for
extension of High Court and Supreme
Court jurisdiction to FATA
FATA Grand Assembly approves
19-point Citizens’ Declaration for FATA
Reforms (FATA Declaration)
Mian Nawaz Sharif promises during
election campaign to bring FATA into
political mainstream
President Zardari receives FATA Declaration,
announces future enactment of FATA Local
Government Regulation and calls on new
government to enact new reforms for FATA
FATA Committee announces consensus
political party recommendations for further
reform, including election reform, local
government reform and 11-point constitutional,
political and legal reforms for FATA
2011
President Zardari enacts FCR
amendments and Political
Parties Order extension to FATA
2014
Minister for States and Frontier
Regions Lt. General (Retd.)
Abdul Qadir Baloch announces
support for FATA mainstreaming
and future reforms
Peshawar High Court refers
Article 247 of Constitution to
Government for amendment
Khyber Pakhtunkwa Governor
Sardar Mehtab Ahmed Kahn
establishes FATA Reforms
Commission, Chairman
Ejaz Qureshi
Former Khyber Pakhtunkhwa
Governor Engineer Shaukatullah
Khan calls for new local
government system and FATA
political mainstreaming

FATA ADMINISTRATIVE REFORM
A special FATA cell in the NWFP Planning and Development Department was
historically responsible for administrative decisions and development projects in
FATA. In 2002, however, a new FATA Secretariat was created and upgraded in
2006 as the FATA Civil Secretariat, headed by an Additional Chief Secretary,
other secretaries and directors.8 The FATA Secretariat is a central administrative
entity that manages the relationship between the President of Pakistan, the
Khyber Pakhtunkhwa governor and the government officials responsible for
implementation of administrative and judicial functions of the Frontier Crimes
Regulation (FCR) at the local level in the tribal areas. While providing benefits in
terms of streamlining administrative functions, the creation of the FATA
Secretariat also contributed to the centralization of power held by the federal
government.
THE RIGHT TO VOTE IN FATA
The struggle for full voting rights in FATA was spearheaded by democratic
elements from within the tribal areas working together in a coalition called
Tehrek-e-Itihad-e-Qabael (Movement of the Coalition of Tribes).
Their struggle came to fruition when the government of Pakistan
responded to their longstanding demand in 1996, providing voting rights
to all adult citizens of Pakistan residing in FATA, thereby facilitating their
participation in 1997 general elections.
Before 1996 an electoral college of tribal chiefs loyal to the government voted for
elected FATA representatives in the National Assembly of Pakistan.9 Selected by
local agents of the President of Pakistan, members of the electoral college were
provided regular government allowances called lungi. According to one estimate
there were approximately 40,000 lungi-holders in FATA representing millions of
voters prior to the introduction of adult franchise. Jinnah reportedly wanted legal
and political reform in FATA, hoping that tribesmen would opt for alternatives in
Pakistan that did not include dependence on the custom of British or government
allowances as a source of income.10
FATA CITIZENS FOR FATA REFORM
Individuals and groups in the tribal areas, Pakistani civil society groups and
international organizations have also pressed for legal and political reforms for
FATA. While focusing on particular reform areas relevant to their organizational
missions, most groups have agreed on the basic principles and reasons for
reform and also call for people in FATA to be guaranteed equal rights with other
Pakistani citizens.
The FATA Lawyer’s Forum for example, has made repeated calls for amendment
of Article 247 of the constitution to extent High Court and Supreme Court
jurisdiction to FATA and guarantee fundamental rights and rule of law in the tribal
areas.11 Likewise, the FATA Youth Forum has pushed for increased educational
and employment opportunities for tribal students and young people while also
demanding that their voices be included in government initiatives for FATA. In
addition, the Tribal Union of Journalists (TUJ) and other local groups have made
increasingly vocal recommendations for enhanced democratization in FATA.

According to media reports, the FATA Declaration asserts that “all
tribesmen must be guaranteed the same fundamental rights enjoyed by
other citizens of the country and guaranteed by the constitution”.13
In an effort to amplify the voices of FATA citizens, the Shaheed Bhutto
Foundation (SBF) held a series of consultative workshops in 2008 with a
wide-range of stakeholders in the tribal areas and facilitated a process to
develop specific consensus recommendations for “defining, democratizing and
developing” FATA. As a result of those workshops, a Mainstreaming FATA report
was published, including recommended reforms for—among others—peace and
development, the Jirga system, the role of political agents, and repeal or
significant amendment of the Frontier Crimes Regulation to bring it at par with
the constitution and human rights standards.12 Subsequently, in February 2009,
President Asif Ali Zardari announced reforms for FATA in line with SBF
recommendations. The president did not, however, notify or enact the changes
until 2011 after additional pressure from political parties and others.
Following enactment of a 2011 reforms package, SBF continued to work with
FATA citizens at the grassroots level to arrive at consensus demands for further
reforms. Including a diverse group of citizens, the Pakistani civil society
organization established reform councils in all tribal agencies and frontier
regions as well as with women and FATA students at universities in Khyber
Pakhtunkhwa. After a series of individual reform council meetings, 300 tribal
citizens came together in June 2013 as the FATA Grand Assembly to debate and
ultimately approve the Citizens’ Declaration for FATA Reforms, or FATA
Declaration.
Following the FATA Grand Assembly and the announcement of the FATA
Declaration, the FATA Lawyer’s Forum (FLF) also began a push of their own for
judicial reform in the tribal areas. Uniting the voices of all tribal lawyers, FLF held
a conference on rule of law in FATA with Peshawar High Court Chief Justice Dost
Muhammad Khan and drafted a resolution to be passed by the National
Assembly outlining substantial legal reforms for FATA. The lawyers presented
their reform demands to the President of Pakistan, the Supreme Court, FATA
members of the Senate and National Assembly, and the Khyber Pakhtunkhwa
Provincial Assembly, and subsequently received vocal support from the
Supreme Court Bar Association of Pakistan and political leaders throughout the
tribal areas. The agenda advocated by the FATA lawyers includes:
FATA DECLARATION
The FATA Grand Assembly, made up of tribal elders, religious clerics, political
and social activists, students, women representatives, lawyers, journalists,
teachers and other citizens from FATA, came together in June 2013 and adopted
the Citizens’ Declaration for FATA Reforms by unanimous consent.
Human rights and fundamental rights of FATA citizens should be guaranteed;
Removal of clauses three and seven of Article 247 of the constitution to
extend the jurisdiction of the Supreme Court and High Court to FATA, and
transfer legislative power from the President of Pakistan to the parliament;
Separation of executive and judicial powers in FATA; and
Members of the FATA Tribunal should be from the judiciary and not retired
bureaucrats.

“It is our consensus, as tribal citizens, that the amendments made to the
Frontier Crimes Regulation (FCR) in 2011 are not being implemented in
their true letter and spirit.
The Constitutional provisions regarding FATA need to be amended to the
extent that FATA Parliamentarians could play a role or take part in the
legislation for FATA. Furthermore, the constitution should be harmonized so
as the fundamental rights enjoyed by the rest of country should be
extendable to FATA;
The status of FATA should be decided by its people;
A FATA Council elected on adult franchised basis should be established in
FATA which should be empowered to suggest to the President of Pakistan
regarding the future of FATA;
Local Governments should be established under FATA Local Governments
Regulation 2002 (with some amendments, if needed) and the Jirga system
should be made more democratic, effective and representative;
The Political Administration should be accountable to elected
representatives of Local Governments;
There should be reserved seats for tribal women in the National Assembly
and Senate, like in the rest of Pakistan;
The Frontier Crimes Regulation (FCR) should either be substantially
amended or annulled to recognize the fundamental rights of the people of
FATA;
There should be separation of judiciary and executive as in the whole of the
country;
The jurisdiction of the High Court and Supreme Court of Pakistan should be
extended to FATA;
The civil armed forces, such as Khasadar and levies, should be
strengthened and reinforced and adequately armed;
Promotion of education at the grassroots level is needed in all of FATA, while
vocational training and skills development also need special attention.
Separate universities for male and female students, colleges and technical
institutes should be established on priority basis in FATA;
No person, male or female, should be deprived of property without due
compensation, and the law of inheritance should be extended to FATA;
Fully operational Hospitals equipped with adequate facilities and
experienced staff should be established in every Agency and FRs of FATA.
The hospitals should also have well-equipped trauma centers. Women’s and
children’s hospitals also need to be established so that female and child
mortality rates can be decreased significantly;
The full text of the declaration is as follows:
While paying homage to the Honorable President of the Islamic Republic of
Pakistan, who took notice of our miseries and enacted the FATA Reforms
Package of 2011, we request the President to direct for urgent and
comprehensive implementation of existing reforms.
Furthermore, we unanimously propose the following immediate changes for
further reforms in FATA:

In 2012, tribal citizens formed FATA reforms councils in all agencies and frontier
regions to debate reform priorities. In July 2013, 300 reform council members came
together as the FATA Grand Assembly, approved the Citizens’ Declaration for FATA
Reforms and presented 19 reforms demands to outgoing President of Pakistan Asif Ali
Zardari and the newly elected PML-N government.
21

In the report, HRCP recommended total repeal of the FCR due to its
violation of the Universal Declaration of Human Rights, the fundamental
rights enshrined in the Constitution of Pakistan, and based on a series of
judgements against the regulation made by the superior judiciary of
Pakistan.14
Special Note:The participants of the FATA Grand Assembly strongly demand the
restoration of peace in FATA by the government and other concerned
authorities.”
CHALLENGES TO THE FRONTIER CRIMES
REGULATION
According to the independent Human Rights Commission of Pakistan (HRCP),
both international human rights norms and fundamental rights guaranteed in the
Constitution of Pakistan are violated by the Frontier Crimes Regulation (FCR).
HRCP held a series of consultations in FATA with the Tribal Reforms and
Development Forum (based in Khyber Agency) which led to the publication of a
2004 report entitled FCR: A Bad Law Nobody Can Defend.
Since the first Constitution of Pakistan in 1956, the FCR has also come under
constant judicial review.15 Several provisions of the regulation have been
declared by the superior judiciary to be void and inconsistent with fundamental
rights. In the 1954 Sumunder v. State case, for example, FCR proceedings were
referred to by Justice A. R. Cornelius as "obnoxious to all recognised modern
principles governing the dispensation of justice".16
Articles 8 to 28 of the Constitution of Pakistan describe the fundamental rights
guaranteed to citizens of Pakistan. Accordingly, any law is to be void if it is
inconsistent with the fundamental rights enshrined in the constitution.17 The
fundamental rights enshrined in the constitution include, but are not limited to the
right to personal security, the right of the accused to counsel and to be heard in
a fair trial, the right to engage in lawful business activities, the right to
information, the right to education, protection of property rights, freedom of
movement, freedom of association, freedom of religion, freedom of speech,
non-discrimination and equality of all citizens.
Due attention should be accorded to a planned and phased program for
infrastructure development in FATA;
A comprehensive development package should be initiated which will help to
bring prosperity and job opportunities for the people of FATA by exploiting
natural and local resources;
Press and Publication ordinance and PEMRA ordinance should be extended
to FATA;
Actions in Aid of Civil Power Regulation 2011 should be abolished
immediately;
Reserved seats for FATA and FANA should be separated; and
Imposition of General Sales Tax (GST) in Budget 2013-14 on FATA is
unanimously rejected and demanded of government to take its decision
back immediately.

In addition to concerns raised by domestic courts and organizations in
Pakistan, Pakistan has come under increasing pressure from international
groups working on related issues globally.
Despite these constitutional guarantees and numerous challenges before the
superior judiciary in Pakistan, the equality of FATA citizens is denied elsewhere
in the constitution. Article 247 explicitly states that no act of parliament is
applicable to FATA unless approved by the President of Pakistan. Article 247
also states that neither the Supreme Court nor any High Court may exercise any
jurisdiction related to the tribal areas.
INTERNATIONAL PRESSURE
FOR FATA REFORM
Political and legal reforms for FATA have been debated in national and
international circles even before 2001. As the security situation escalates and
the plight of the FATA people becomes more severe, many have pointed to
human rights as well as security concerns as repeated calls have been made for
abolition or amendment of the Frontier Crimes Regulation (FCR).
The European Union (EU), the International Crises Group (ICG), Amnesty
International, the Council on Foreign Relations18 and others have questioned
Pakistani government rationale behind allowing the FCR to remain in force given
that it denies basic human rights to the people of FATA.19 International actors
have also called for abolition of the Actions in Aid of Civil Power Regulation.
Enacted in 2011, this law gives sweeping and retrospective powers and
protections to the Pakistani military when operating in FATA.
In a 2006 ICG report on FATA for example, the organization recommends that
the government of Pakistan mainstream the tribal areas and repeal all laws in
FATA that are inconsistent with the fundamental rights guaranteed in Article 8 of
the Constitution of Pakistan.20 Prior to the extension of the Political Parties Order
to FATA, the 2008 EU Pakistan election observation mission reported that,
“elections in FATA are held on a non-party basis, with the law preventing party
candidates from running, campaigning or operating an office, in breach of the
right to freedom of association (Universal Declaration of Human Rights, Article
20)”. The 2013 EU mission went further, stating that, “further constitutional
reforms be undertaken to enable FATA residents to enjoy fundamental political
freedoms and civil rights as other citizens of Pakistan do. The 12 National
Assembly representatives of FATA [should] be able to legislate for FATA”.21
POLITICAL LEADERS FOR FATA REFORM
Political parties and the people of FATA are divided regarding the ideal future
status of FATA. While some argue for a separate status, others advocate a
merger with Khyber Pakhtunkhwa Province. The Pashtoonkhwa Milli Awami
Party (PMAP), in particular, has been vocal in calling for a new separate
province for tribal people22. Despite these differences however, most agree that
equal rights and political mainstreaming for tribal citizens of Pakistan must be
guaranteed regardless of any eventual decision regarding provincial status.

The first serious attempt to reform the Frontier Crimes Regulation (FCR) was
taken up in 2005 when government constituted the FCR Reform Committee,
headed by Justice Mian Ajmal, a retired judge of the Supreme Court of
Pakistan.23 The twelve members of the committee included retired senior civil
servants, a senior journalist, lawyers and tribal citizens. Following the completion
of its report and recommendations for amendments to the FCR, the committee
held a series of consultations with important stakeholders. Despite these efforts,
a lack of a political will prevented government from approving amendments to
the regulation.24 Their recommendations, however, formed the basis of
deliberations initiated by future governments and were partially incorporated in
the reforms package enacted by the government led by Pakistan People’s Party
(PPP) in 2011.
In preparation for the 2008 general elections in Pakistan, several political parties
included political, administrative, and legal reforms for FATA in their election
manifestos. PPP, for example, promised to reclaim FATA by introducing
wide-ranging reforms including extension of the Political Parties Order to the
region to allow political parties to openly participate in elections.25 After forming
the government, Prime Minister Yousaf Raza Gillani followed-up on this election
promise by declaring in a speech to parliament in March 2008 that the FCR
would be abolished. Although the statement elicited a mixed reaction from FATA
parliamentarians,26 the new government moved forward and established a
cabinet-level committee the following month led by Law Minister Farooq Naek.
The committee was asked to examine the FCR in consultation with relevant
stakeholders and recommend changes as necessary.
Also in 2008, mainstream political parties in Pakistan joined hands to work for
political and legal reforms in FATA. At an initial encounter, political party leaders
met with a delegation of 100 tribal leaders. Presided over by Anwar Kamal
Marwat (Pakistan Muslim League-Nawaz) and including former parliamentarians
and vocal supporters of FATA reforms, the delegation met with President Asif Ali
Zardari in March and June of 2009, directly presenting to him their
recommendations for reform.These early meetings led to the president’s August
2009 announcement of a forthcoming reforms package for FATA.
POLITICAL PARTIES
JOINT COMMITTEE ON FATA REFORMS
Following multi-party efforts in 2008 and President Zardari’s announcement in
2009, political party leaders held regular roundtable conferences throughout
2010 to further refine and advocate for equal rights in the tribal areas. These
meetings ultimately led to the creation of the Political Parties Joint Committee on
FATA Reforms, commonly referred to as the FATA Committee, which now
includes ten political parties as members: Awami National Party (ANP),
Jamat-e-Islami (JI), Jamiat-e-Ulama-e-Islam Fazl (JUI-F), Muttahida Quami
Movement (MQM), National Party (NP), Pakistan Muslim League (PML),
Pakistan Muslim League-Nawaz (PML-N), Pakistan People’s Party (PPP-P),
Pakistan Tehreek-e-Insaf (PTI) and Qaumi Watan Party (QWP).
The FATA Committee has worked to demonstrate the shared commitment of
political parties to promoting debate throughout Pakistan on the urgent reform
issues facing tribal citizens. The group has made repeated calls for the
implementation of expansive reforms in the tribal areas and continues to engage
in discussions with stakeholders from FATA to build consensus, increase
awareness and promote dialogue on existing and future reforms.

Changes to the collective responsibility clause prohibiting the arrest of
women, children and the elderly;
Establishment of a strengthened FATA Tribunal with powers to review
decisions made by political agents;
Right of appeal;
Curtailing of some of the arbitrary powers of political agents; and
Mandated audits of political agent funds.
Following the meeting with the FATA Committee, President Zardari signed
two orders in August 2011 authorizing key political and administrative
reforms for the tribal areas.
Following enactment of 2011 reforms, the FATA Committee and other
reform activists have continually expressed reservations regarding the
slow and at times complete failure to enact the FCR amendments.
In March 2010, the FATA Committee met with President Asif Ali Zardari to outline
their initial reform recommendations and encourage the president to follow
through on the August 2009 promise of a reform package for FATA. The
committee’s recommendations included: 1) substantive amendments to the
Frontier Crimes Regulation, 2) extension of the Political Parties Order to FATA,
and 3) a new development package for the tribal areas.
As insisted by the political parties’ committee, the Political Parties Order was
extended to FATA and significant amendments to the FCR were introduced and
enacted for the first time in more than 100 years.
AMENDMENTS TO
THE FRONTIER CRIMES REGULATION
The FCR amendments enacted in 2011 brought some improvements for FATA
citizens. Although the amendments did not go as far as either the FCR Reforms
Committee (headed by Justice Mian Ajmal) or the political parties’ FATA
Committee would have liked, they did include some substantive provisions. The
amendments27 included:
Despite these amendments, political agents still exercise all three primary
functions of police, prosecutor and judge. In addition, the federal
government—through its agents in the office of the Khyber Pakhtunkhwa
governor and political administration of the FATA Secretariat—exercise
executive, legislative, judicial, and election administration powers. The
strengthened FATA Tribunal, as stipulated in the amendments, is comprised of
two retired senior civil servants and one senior lawyer familiar with FATA.
Citizens in FATA, however, still cannot avail the jurisdiction of the High Courts or
the Supreme Court of Pakistan.
Many have also argued that the changes made did not go far enough and that
additional amendments are needed.

Political parties encouraged government to carefully consider 19 detailed
recommendations for improving the regulation and to establish truly
accountable and transparent local bodies in FATA.
LOCAL GOVERNMENT FOR FATA
Calls for a local government system in FATA are heard from numerous sectors
and stakeholders in Pakistan today, with political parties and civil society pointing
to the establishment of a local bodies system in the tribal areas as essential for
filling the governance vacuum and solving everyday problems of citizens living
there. Following the publication of a draft FATA Local Government Regulation in
2012, President Asif Ali Zardari announced in August 2013 that a local bodies
system in the tribal areas would be implemented.
In January 2013, the FATA Committee concluded a series of discussions on the
draft regulation and responded in a letter addressed to the FATA Secretariat
Additional Chief Secretary with comments and recommendations for local
government institutions in the tribal areas. In addition to concerns raised by
individual political parties and civil society, the FATA Committee expressed
particular concern regarding the extensive powers of the governor and the
political administration in the new draft regulation.
Their recommendations included extension of the geographical reach of the
regulation to all of FATA instead of only municipal areas, administration of
elections and delimitation of constituencies by the Election Commission of
Pakistan (ECP) as stipulated in the Constitution of Pakistan, and delegation of
control over local government funds to locally elected representatives instead of
the political administration.28
Despite these efforts, as of July 2014 the regulation had not been enacted.While
a local government system has not yet been established in FATA, many
organizations continue to make public calls29 for its implementation. In addition
to a direct statement in favour of local bodies elections in FATA by Khyber
Pakhtunkhwa Governor Engineer Shaukatullah Khan,30 the following parties
have also publicized their demands: Awami National Party (ANP),
Jamaat-e-Islami (JI), Muttahida Quami Movement (MQM), National Party (NP),
Pakistan Muslim League (PML), Pakistan Muslim League-Nawaz (PML-N),
Pakistan People’s Party (PPP), Pakistan Tehreek-e-Insaf (PTI), Qaumi Watan
Party (QWP), All Bajaur Political Parties Alliance, and the Political Parties Joint
Committee on FATA Reforms (FATA Committee).
In addition to government and political forces struggling for local democratic
structures in the tribal areas, other organizations have also made their voices
heard on the issue, including: Centre for Governance and Public Accountability
(CGPA), Coalition for FATA Rights (CFR), FATA Democratic Movement, FATA
Grand Assembly, FATA Lawyer's Forum (FLF), FATA Local Council Association,
FATA Research Centre (FRC), Tribal NGOs Consortium, and many others.
During his tenure, General Pervez Musharraf also promised to devolve powers
to the grassroots level and in 1999 created the National Reconstruction Bureau
to implement governance reforms, including legal changes for FATA.31 In 2000,
Musharraf established a FATA Reforms Committee (not to be confused with the
Political Parties Joint Committee on FATA Reforms, or FATA Committee) which
recommended the creation of a separate FATA province, establishment of a
FATA Council, representation in the NWFP Provincial Assembly, and creation of
a separate FATA Secretariat.32

National Database and Registration Authority (NADRA) and Election
Commission of Pakistan (ECP) should increase efforts to register FATA
voters;
ECP should allow absentee voting for FATA’s internally displaced persons
(IDPs);
Judicial officers should serve as election officials in FATA;
ECP should provide polling stations at a distance of not more than two
kilometres from voters’ residences; and
ECP should engage directly with political parties in FATA.
In the absence of media groups and independent election observers,
powerful candidates, political agents, military and militants have all been
accused of utilizing their power to influence election results.
In 2002, following these recommendations, a new local government system was
established in FATA along with all of Pakistan. The local bodies system did not
remain in effect for long, suffered from low voter participation and new councils
were widely criticized as selected rather than elected.
ELECTION REFORM FOR FATA
Even after introduction of full voting rights for all FATA citizens, elections in the
tribal areas have been flawed, due largely to the lack of development, poor
infrastructure and weak communication systems.Voter registration and issuance
of National Identity Cards (NIC) remains lower in FATA due to limited access and
low service delivery by the ECP and the National Database and Registration
Authority (NADRA). As a result of these shortcomings, in addition to the high
number of internally displaced persons (IDPs) from FATA living elsewhere in
Pakistan, voter participation numbers have been much lower in FATA than in the
rest of the country.
In terms of direct elections administration, political agents, instead of
independent election officials or judicial officers, have performed the vital
function of district returning officer (local election administrator).
To address these and other concerns, the political parties’ FATA Committee
came together on numerous occasions in 2012 to discuss potential solutions.
The group ultimately arrived at five consensus recommendations33 to ensure
free and fair elections in FATA. In January 2013, the recommendations were
presented directly to the ECP as well as the President of Pakistan and the
Khyber Pakhtunkhwa governor for consideration:
Responding to FATA Committee efforts, the ECP did provide additional polling
stations in some areas outside FATA where IDPs were living at the time of the
May 2013 general elections. The other four recommendations, however, were
not addressed and remain as outstanding items on the political parties’ reform
agenda for future electoral processes in the tribal areas.

Many maliks continue to sell the votes of their people for money. This
practice should be prohibited by the ECP and any “vote buying” activities
should be punishable by law, including the disqualification of candidates
violating the regulation.
For the first time in history, political parties were allowed to openly field
candidates in FATA in the 2013 general elections.
Local office-bearers outlined challenges to launching political campaigns
in FATA, security concerns, and political administration reluctance to
implement the already announced reforms.
HISTORIC ELECTIONS IN FATA
Despite security and other challenges throughout the election period, the
participation of political parties in the 2013 election proved successful. Voter
participation was also higher than that seen in 2008 general elections, up from
31 to 36 percent.34
Before the extension of the Political Parties Order, many Pakistani political
parties already had unofficial party structures in place in FATA. Elections,
however, could not be contested on political party tickets and party activists were
not permitted to openly organize. Both before and after the ban on political
parties was lifted, parties played a significant role in raising the political
consciousness of FATA citizens, even as the rise of militancy in the region
narrowed the space available to democratic forces. Throughout recent years,
hundreds of tribal and political leaders have been attacked and killed by militants
in FATA.35 Extension of the political parties law provided some additional space
to political actors as was demonstrated by active political party participation in
many FATA agencies and frontier regions during May 2013 elections for the
National Assembly of Pakistan.
In the months prior to elections, many major political parties in Pakistan included
FATA reform in their election manifestos.36 The ANP, PML-N, PPP, PTI and QWP
included detailed programs for the democratization and development of FATA,
including abolition of Frontier Crimes Regulation.37
In March 2013, the FATA Committee made an effort to reach out to grassroots
political leaders and candidates in the tribal areas by holding a joint meeting of
office-bearers of political parties from across FATA. The FATA Committee
presented their five election reform recommendations and also heard the
concerns and recommendations of their counterparts in the agencies and
frontier regions.
Local leaders agreed with the recommendations of the FATA Committee and
made additional recommendations for the President of Pakistan, SAFRON
Ministry, FATA Secretariat and the ECP. The 40 reform demands38 of local
political activists from FATA were expansive, including but not limited to the
following:

Following 2011 reforms, political parties in FATA participated openly in Pakistan
general elections for the first time in history. Just prior to elections in May 2013,
candidates from all 12 FATA constituencies participated in candidate radio forums
broadcast throughout the tribal areas on Mashaal Radio.

In addition to FATA Committee work with local leaders in FATA, grassroots
political party members in FATA have initiated their own initiatives for
reform.
Frontier regions constituency (NA-47) is too large and too spread out for
effective representation. The constituency should be divided on the basis of
population.
Journalists are intimidated and pressured by the State and security
establishment in FATA. To decrease this corruption and biased reporting,
more private media should be given access and security in FATA.
ECP must monitor free and fair administration of elections in FATA.
Political agent must not show favouritism toward any political party candidate
or any independent candidate.
Corruption by political agents must be investigated and stopped. Political
agent appointments are “for sale” in FATA and this practice must be stopped.
United Nations and other international organizations should make public
statements about the lack of human and political rights in FATA.
Peace in FATA should be guaranteed.
Article 247 of the constitution should be amended to guarantee fundamental
rights for all tribal citizens and shift legislative power from the President of
Pakistan to the parliament.
In 2013 and 2014, political activists were particularly active in Bajaur, Mohmand,
Khyber and Kurram agencies as well as in several frontier regions, holding rallies
and press conference to raise awareness among the people in their areas and
pressure government for reform.
Particularly noteworthy has been the efforts of the All Bajaur Political Parties
Alliance, made up of the leadership of political parties in Bajaur Agency.
Members of the alliance worked together at the agency level for further reforms
and the implementation of those already enacted. The alliance also reached out
to party members in other agencies in an effort to broaden the alliance and work
for implementation of reforms throughout FATA.
In addition to enforcing the implementation of 2011 amendments to the Frontier
Crimes Regulation, the Bajaur alliance agenda39 includes: local government for
FATA, real legislative rights for FATA elected representatives, eliminating
corruption in the use of development funds, ending the use of drones, inclusion
of FATA voices in future government reform initiatives, and improving the
economic situation in the tribal areas.
NEW CONSENSUS FATA REFORM AGENDA
After 2013 elections, the political parties’ FATA Committee held further meetings
and roundtable conferences to discuss the current status of the reform process
for the tribal areas. Considering the efforts of citizens groups also working for
reform, the FATA Committee ultimately decided on a new and more extensive list
of consensus reform recommendations for government. In October 2013, the ten
political parties represented on the FATA Committee unanimously agreed on 11
recommendations:

In November 2013, the FATA Committee met with Federal Minister for States and
Frontier Regions (SAFRON) Lt. General (Retd.) Abdul Qadir Baloch to present
their 11 consensus reform demands and also emphasize the importance of
guaranteeing peace in FATA. Lt. General Baloch expressed appreciation for the
efforts of the political parties and indicated he would share his views and meet
with the Prime Minister and FATA parliamentarians regarding the reform agenda.
The FATA Committee also launched an advocacy campaign to increase support
for the 11 reforms recommendations. As part of this new outreach strategy, the
FATA Committee visited the leadership of member political parties in provincial
capital cities across Pakistan to hold joint press conferences and ask for more
vocal support of reform for FATA. Party leaders vowed to raise the issue on every
platform and continue to gain support for the FATA reform cause. Many of them
also reinforced the position of the FATA Committee asserting that tribal citizens
have the same rights as the rest of Pakistan.
The PML-N promised40 the “integration of the Federally and Provincially
Administered Tribal Areas into the country’s political mainstream” and “extending
to its people the political rights enjoyed by the citizens of Pakistan” in their 2013
election manifesto.41 Statements by SAFRON Minister Lt. General Baloch in
November 2013 only indicated he would look into the matter.42
According to press statements, the FATA Committee intends to continue
its efforts for FATA reform and plans to ask the President and Prime
Minister of Pakistan for meetings to present their reform demands.
Local bodies elections should be held in FATA.
A comprehensive package should be developed for FATA and infrastructure
development initiated, with special focus on health, education and
employment.
The future status of FATA should be decided by its people.
Pakistan Electronic Media Regulatory Authority (PEMRA) jurisdiction should
be extended and media should be provided greater access to FATA to
provide tribal citizens with opportunities for media interaction and
participation.
The Jirga system should be made more democratic and independent.
Actions in Aid of Civil Power Regulation should be abolished.
Executive and judicial powers should be separated in FATA.
Citizens should not be deprived of property; inheritance law should be
extended.
Civil armed forces (khasadar and levies) should be strengthened and
professionalized.

In March 2014, however, the federal minister publically stated that laws need to
be reformed, that local government should be implemented appropriate to local
customs, and that he was optimistic that reforms would yield positive results.43
Baloch also said that FATA would be brought under relevant laws, that reforms
are inevitable for peace, and that the “need of the hour” is to evolve the system
to fill the vacuum that has been taken advantage of by militants.44
Perhaps most significantly, in February 2014, Minister Baloch hinted at future
government action on FATA reform, stating that, “we are thinking of designating
legislative and administrative powers to the tribal parliamentarians to enable
them to govern FATA according to the wishes of local people. […] We want the
elected representatives of FATA to exercise the same powers as enjoyed by their
fellow parliamentarians from across the country and a proposal for their
empowerment would be sent to the Prime Minister Nawaz Sharif very soon.”45
Recently appointed by the new PML-N government, Khyber Pakhtunkhwa
Governor Sardar Mehtab Ahmed Khan has also indicated willingness to work for
administrative and political reform for FATA. To this end, the governor met with
the political parties’ FATA Committee to discuss their 11-point reform
recommendations. Saying that he agreed, in principle, with the
recommendations, the top FATA official indicated that he was ready to move
forward on some of the reform proposals.46
Governor Sardar Mehtab also established in May 2014 a FATA Reforms
Commission to look into the matter. The new commission mandate includes:
establish short and long-term reform initiatives and objectives for institutional
strengthening and good governance, re-examine existing legal systems in FATA
and propose amendments in existing laws. The new government body has also
been asked to review the structure of the FATA Secretariat and develop a new
legal regime to permit implementation of approved FATA reforms, including
monitoring and proposing “mid-course corrections” of reforms implementation
on the ground in the tribal areas.
“The commission will also review effectiveness of the Colonial-era Frontier
Crimes Regulation in changing governance paradigm and will prepare
integrated development and economic development strategies for the region.”
The FATA Reforms Commission has been asked to complete its work and make
initial recommendations to the governor by March 2015.47
Just as they have for years now, these groups and other FATA stakeholders
continue to express their desire for change, progress and prosperity in FATA. As
their voices increase in volume, FATA people increase the chances that their
reform demands will be heard and implemented.
As government considers taking action to announce and enact additional
reform for FATA, it is faced with increasing pressure from political parties,
citizen groups, and other individuals from the tribal areas.

NOTES
Peace in FATA to be restored utilizing all means: President,” Associated Press of
Pakistan, 24 March 2014, http://www.app.com.pk/en_/index.php?option=com_
content&task=view&id=273259
FATA’s development a top priority: President,” Associated Press of Pakistan, 4
November 2013, http://www.app.com.pk/en_/index.php?option=com_content&task=
view&id=247420&Itemid=1
Ikram Sehgal, “21st century Great Game,” The News, 25 November 2010,
http://www.thenews.com.pk/Todays-News-9-17049-21st-century-Great-Game
Durand Line Agreement, 12 November 1893, http://www.satp.org/satporgtp/
countries/pakistan/document/papers/durandlineagrrement.htm
Syed Wawar Ali Shah, “Abdul Ghaffar Khan, the Khudai Khidmatgars, Congress
and the Partition of India,” Pakistan Vision, Volume 8, Number 2: 89-90,
http://pu.edu.pk/images/journal/studies/PDF-FILES/Shah-4%20new.pdf
Noor ul Haq, et al, “Federally Administered Tribal Areas of Pakistan,” Asia Printers
Islamabad, March 2005, Paper 10, http://ipripak.org/papers/federally.shtml
Haq.
Federally Administered Tribal Areas, Administration System,” FATA Secretariat,
http://fata.gov.pk/index.php?option=com_content&view=article&id=50&Itemid=84
“Mainstreaming FATA”, Shaheed Bhutto Foundation, Benazir Democracy Institute,
2009: 55, http://www.slideshare.net/fatanews/mainstreaming-fata-defining-
democratizing-and-developing-2009-shaheed-bhutto-foundation
Syed Wawar Ali Shah, “Political Reforms in the Federally Administered Tribal Areas
of Pakistan (FATA): Will it End the Current Militancy?” South Asia Institute,
Department of Political Science, Heidelberg University, January 2012, Working
Paper Number 64: 8, http://archiv.ub.uni-heidelberg.de/volltextserver/13063/1/
Heidelberg_Papers_64_Ali_Shah.pdf
“Who are we?” FATA Lawyer’s Forum, http://fatalawyersforum.com/about.php
Shaheed Bhutto Foundation, 13.
FATA Grand Citizens Assembly presents 19 recommendations for reforms,”
Pakistan Observer, July 2013, http://pakobserver.net/detailnews.asp?id=211703
Faqir Hussain, “Testing FCR on the touchstone of the constitution,” Frontier Crimes
Regulation: A Bad Law Nobody Can Defend, Human Rights Commission of
Pakistan, July 2005: 57, http://fatareforms.org/frontier-crimes-regulation-bad-law-
nobody-can-defend/
The FCR also came under critical judicial review in the following cases: Dosso v.
State (PLD 1957 Quetta 9), Toti Khan v, DM, Sibi, Abdul Akbar Khan v. DM,
Peshawar, Abdul Baqi v. Superintendent, Central Prisons, Maclh, Khair Muhammad
Khan v. Government of WP (PLD 1956 Lahore 668) and Malik Muhammad Usman
v. State (PLD 1965 Lahore 229).
Hussain, 59.
“Fundamental Rights and Principles of Policy,” Constitution of the Islamic Republic
of Pakistan, 1973, Part II, Chapter 1, http://www.pakistani.org/pakistan/constitution/
part2.ch1.html
Daniel S. Markey, “Securing Pakistan's Tribal Belt,” Council on Foreign Relations,
Council Special Report Number 36, July-August 2008, http://www.cfr.org/pakistan/
securing-pakistans-tribal-belt/p16763
Zia Haider, “Mainstreaming Pakistan's Tribal Belt: A Human Rights and Security
Imperative,” Harvard University, John F. Kennedy School of Government, Belfer
Center for Science and International Affairs, Discussion Paper 09-01, January
2009, http://belfercenter.ksg.harvard.edu/publication/18790/mainstreaming_
pakistans_tribal_belt.html
Pakistan’s Tribal Areas: Appeasing the Militants,” International Crisis Group, Asia
Report Number 25, 11 December 2006, http://www.crisisgroup.org/en/regions/asia/
south-asia/pakistan/125-pakistans-tribal-areas-appeasing-the-militants.aspx
2013 Final Report of the European Union Election Observation Mission in Pakistan,
European Union, http://eeas.europa.eu/eueom/missions/2013/pakistan/reports_
en.htm
Zahid Gishkori, “Ending militancy: Achakzai proposes roadmap for peace,” Express
Tribune, 17 November 2013, http://tribune.com.pk/story/628358/ending-militancy-
achakzai-proposes-roadmap-for-peace/
“Changes to FCR being considered,” Dawn, 22 September 2005,
http://www.dawn.com/news/157877/changes-to-fcr-being-considered
Rahimullah Yusufzai, “Deserving ones like Justice (R) Mian Ajmal ignored,” The
News, 29 August 2011, http://thenews.com.pk/Todays-News-7-65226-deserving-
ones-like-Justice-(R)-Mian-Ajmal-ignored
“FATA Reforms,” Pakistan People’s Party, 2008 Election Manifesto: 19,
http://ppp.org.pk/manifestos/2008.pdf
Mixed Response by FATA members on “FCR Repeal,” Daily Times, 30 March 2008,
http://archives.dailytimes.com.pk/national/30-Mar-2008/mixed-response-by-fata-me
mbers-on-fcr-repeal
1 15
16
17
18
19
20
21
22
23
24
25
26
2
3
4
5
6
7
8
9
10
11
12
13
14

G. M. Chaudhry, Summary of 2011 Amendments to the Frontier Crimes Regulation
of 1901, http://fatareforms.org/summary-of-2011-amendments-to-the-frontier-
crimes-regulation/
Letter to FATA Secretariat regarding draft FATA local government regulation,
Political Parties Joint Committee on FATA Reforms, 24 January 2012,
http://slideshare.net/FATAparties/letter-lg-recs-fata-secretariat-2013-january-final-english
Stakeholders call for FATA local government,
http://fatareforms.org/tag/local-government/
“Governor promises meaningful reforms in tribal system,” Dawn, 22 March 2014,
http://dawn.com/news/1094748/governor-promises-meaningful-reforms-in-tribal-sys
tem
Ali Cheema, et al, “Local Government Reforms in Pakistan: Context, Content and
Causes,” Massachusetts Institute of Technology, Decentralization and Local
Governance in Developing Countries (2006), http://slideshare.net/fatanews/local-
government-reforms-in-pakistan-context-content-and-causes
Sarfraz Khan, “The Frontier Crimes Regulation (FCR): A Socio-political
Assessment,” Central Asia Journal, Number 70, Summer 2012: 4.
Abdur Rauf, “2013 elections: FATA committee set to reach consensus on demands,”
The Express Tribune, 9 January 2013, http://tribune.com.pk/story/491291/2013-
elections-fata-committee-set-to-reach-consensus-on-demands/
Zia ur Rehman, “Pakistani political parties aim to bring FATA into mainstream,” Asia
Online,14 January 2014, http://centralasiaonline.com/en_GB/articles/caii/features/
pakistan/main/2014/01/14/feature-01
“Attack on Tribal Elders in Pakistan,” South Asian Terrorism Portal, 16 February
2014, http://satp.org/satporgtp/countries/pakistan/database/Tribalelders.htm
FATA in Political Parties’ Manifestoes 2013 available at http://www.slideshare.net/
fatanews/fata-in-political-party-election-manifestos-2013
“Elections 2013: A Comparative Analysis of Election Manifestoes of Major Political
Parties,” Pakistan Institute of Legislative Development and Transparency (PILDAT),
April 2013: 9, http://pildat.org/publications/publication/elections/Election2013_
ManifestoesComparison.pdf
“Recommendations for FATA Elections Reforms,” Political Parties Joint Committee
for FATA Reforms, March 2013, http://slideshare.net/FATAparties/40-
recommendations-from-fata-agency-party-leaders-14-march-2013doc
Agenda of the All Bajaur Political Parties Alliance, October 2013,
http://slideshare.net/fatanews/agenda-bajaur-political-parties-allaince-v4-2013-1007
“Nawaz announces PML-N manifesto,” The Nation, 7 March 2013,
http://www.nation.com.pk/lahore/07-Mar-2013/nawaz-announces-pml-n-manifesto
Manifesto 2013: Strong Economy, Strong Pakistan, Pakistan Muslim League (N), 7
March 2013: 86, http://www.pmln.org/manifesto/
“Parties Present Recommendations for Reforms in FATA,”The Nation, 20 December 2013,
http://nation.com.pk/islamabad/20-Dec-2013/parties-present-recommendations-for-
reforms-in-fata
“Conference told fabric of FATA eroding,” Daily Times, 26 March 2014,
http://dailytimes.com.pk/national/26-Mar-2014/conference-told-fabric-of-fata-eroding
Imaduddin, “Govt keen to solve FATA people’s problems: Baloch,” Business
Recorder, 25 March 2014, http://brecorder.com/top-news/108-pakistan-top-news/
164350-govt-keen-to-solve-fata-peoples-problems-baloch.html
“Minister favours more say for Fata MPs in governance,” The News, 20 February
2014, http://thenews.com.pk/Todays-News-7-233823-Minister-favours-more-
say-for-Fata-MPs-in-governance
Commission to look into Fata people’s problems,” Dawn, 31 May 2014,
http://www.dawn.com/news/1109719
Zulfiqar Ali, “Another commission formed on Fata reforms,” Dawn, 20 May 2014,
http://dawn.com/news/1107498/another-commission-formed-on-fata-reforms
27 39
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44
45
46
47
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29
30
31
32
33
34
35
36
37
38

The people of FATA have long been demanding the right to make laws
for themselves. The absence of a popular, democratic and just order
in FATA lies at the root of one of the most serious challenges to peace
and security in the country. This can hardly be disputed. If the
problem had been addressed over the wasted decades, it might have
been easier to deal with the militancy that is now posing a grave threat
to Pakistan’s democratic premise and integrity.
I.A. REHMAN, HUMAN RIGHTS COMMISSION OF PAKISTAN
JULY 2013, DAWN

The voice, role and participation of tribal women is still absent in FATA. Much work is
needed to guarantee their participation. The vast majority of tribal people are not aware
of the reforms implemented to date in FATA. Civil society, media and international
donors must work to increase political and democracy awareness and education.
IFTIKHAR AHMAD, TRIBAL RIGHTS WATCH
MARCH 2014

It is essential for every government to ensure and guarantee basic fundamental rights
to every citizen across the country uniformly. Unfortunately, however, the presence of
the Frontier Crimes Regulation (FCR) and the absence of higher judiciary in the FATA
region of Pakistan makes it very difficult for tribal people to seek justice and rights. To
provide access to these rights, the FCR should be drastically amended or abolished
completely.
MASOOD JAN, PROGRAM COORDINATOR
CENTER FOR RESEARCH & SECURITY STUDIES (CRSS), MARCH 2014
49

A question for legal experts: Can parliament restrict the jurisdiction of the superior
judiciary? Can parliament say that tomorrow onwards the Supreme Court is barred
from Balochistan? If not, then why is the Supreme Court quiet about FATA’s legal
deficiency? Tribesmen have suffered enough; they have been discriminated against for
a very long time and they won’t wait another sixty years for reforms leading to equal
rights. We have to mainstream FATA with equal rights and opportunities.
GHULAM QADIR KHAN DAUR
SEPTEMBER 2013, THE TRIBAL TIMES

The Frontier Crimes Regulation (FCR) is evil as it denies citizens of Pakistan their
fundamental rights. FATA needs a change and whoever helps the tribesmen in
achieving that change will become a good part of an otherwise turbulent history of
these times.
NIZAMUDDIN KHAN, SEPTEMBER 2013, EXPRESS TRIBUNE
51

Change is impossible without extension of jurisdiction of superior
courts to FATA. If the Pakistan federal government wants to bring any
change to FATA, it should extend the Supreme Court and the
Peshawar High Court to the tribal areas.
IJAZ MOHMAND, FATA LAWYER’S FORUM
AUGUST 2013, DAWN

A local government system should be extended to FATA so that problems can be solved
at the grassroots level. There is a dire need for the formation of FATA councils to solve
longstanding problems and other issues being faced by tribal people.
MALIK GHULAM RASOOL AFRIDI
PAKISTAN TEHREEK-E-INSAF, DARRA ADAM KHEL, DECEMBER 2013, THE NEWS

55
We want Article 247 of the Constitution of Pakistan to be amended in such a way that
obliges the President of Pakistan to seek consent of an elected FATA council for any
laws or changes for the region.
KUKIKHEL TRIBAL ELDERS AND KHYBER UNION, KHYBER AGENCY
DECEMBER 2013, DAWN

Societies cannot remain stagnant forever and it is time tribesmen move forward towards
peace, progress and development. The Frontier Crimes Regulation (FCR) lacks the
fundamental principles of justice and equality and has failed to dispense justice to
residents of FATA. This draconian law remains an obstacle in bringing peace and
prosperity to the region.
A superior judiciary bench also needs to be established so tribesmen can have access to
justice. It is imperative to adopt an inclusive system in FATA to address the core issues
that tribesmen face.
IMTIAZ GUL, EXECUTIVE DIRECTOR
CENTER FOR RESEARCH & SECURITY STUDIES (CRSS)
EXPRESS TRIBUNE, DECEMBER 2013

Local bodies elections are vital for the people of FATA and will ensure the transfer of
power and real representation of people at the grassroots level. Keeping this in mind,
we should remind the political leadership of promises they have made during election
campaigns to mainstream FATA with the rest of Pakistan.
HIDAYAT WAZIR, CHIEF EXECUTIVE OFFICER
FRONTIER ORGANIZATION FOR REFORMS AND TRANSFORMATION (FORT)
MARCH 2014

Article 247 of the Constitution of Pakistan–covering FATA–contradicts Article 19-A
which provides all Pakistani citizens the ‘right to have access to information in all
matters of public importance’. Without changing governance paradigms in the tribal
areas to ensure basic human rights, peace and stability in the region cannot be
guaranteed.
MUHAMMAD ZAHOOR, FORMER EXECUTIVE DIRECTOR
CENTRE FOR GOVERNANCE AND PUBLIC ACCOUNTABILITY (CGPA)
COORDINATOR, COALITION ON THE RIGHT TO INFORMATION
DECEMBER 2013, EXPRESS TRIBUNE
61

I demand local body elections in FATA and a development package for
the areas to ensure their uplift.
TARIQULLAH, JAMAAT-E-ISLAMI, MEMBER OF THE NATIONAL ASSEMBLY
MARCH 2014, PAKISTAN TODAY
Government should introduce a 21st amendment to the constitution
to bring FATA within the jurisdiction of the Peshawar High Court.
SENATOR BABAR AWAN, PAKISTAN PEOPLE’S PARTY
OCTOBER 2013, EXPRESS TRIBUNE
Tribal people cannot get easy justice and basic rights in the presence
of the Frontier Crimes Regulation (FCR). This system needs urgent
reforms. I also urge the government to hold local bodies elections in
FATA.
AFTAB AHMED KHAN SHERPAO, CHAIRMAN, QAUMI WATAN PARTY
DECEMBER 2013, DAWN

FATA tribesmen are citizens of Pakistan but the government is keeping them deprived
of their fundamental rights. The Frontier Crimes Regulation (FCR) and the absence of
fundamental rights and a proper social justice system in FATA have been the main
hurdles for sustainable development and progress in the region.
ALL BAJAUR PARTIES POLITICAL ALLIANCE
DECEMBER 2013, DAWN

Local government elections should be held in Khyber Pakhtunkhwa and the tribal areas
simultaneously so that tribal people could get rid of the Frontier Crimes Regulation
(FCR).
FATA LOCAL COUNCIL ASSOCIATION
JULY 2013, THE NATION
65

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 Frontier Crimes Regulation (FCR) and provide justice to these people in need.
JUSTICE QAISER RASHID KHAN, PESHAWAR HIGH COURT
SEPTEMBER 2013, EXPRESS TRIBUNE

Along with the other parts of the country, the PML-N government should conduct local
government elections in FATA as it would further strengthen the democratic culture in
the tribal areas. Deprivation of the tribal people from their social, political and
constitutional rights would lead to further conflict and backwardness in the region.
KEMYA KHAN AFRIDI, GENERAL SECRETARY, FATA EX-SERVICEMAN SOCIETY
AUGUST 2013, FRONTIER POST
67

We support the endeavours of the FATA Committee as FATA citizens deserve to enjoy
the same constitutional rights as other Pakistanis. Reforms in the tribal belt will pave
the way for durable peace. Peace in the world and especially the country, is linked with
peace in FATA.
DR. MALIK BALOCH, CHIEF MINISTER BALOCHISTAN, NATIONAL PARTY
MEMBER OF THE POLITICAL PARTIES JOINT COMMITTEE ON FATA REFORMS
JANUARY 2014, DAWN AND EXPRESS TRIBUNE

FATA is part of Pakistan, for all practical purposes. Therefore, not only the writ of the
government should be fully exercised, but also the legal system of courts and the
jurisdiction of the Khyber Pakhtunkhwa High Court and Supreme Court should be
extended and implemented in letter and spirit.
SUPREME COURT BAR ASSOCIATION OF PAKISTAN
EXECUTIVE COMMITTEE, AUGUST 2013

Without peace, development is not possible. Peace in FATA can only be achieved
through good governance and rule of law.
RAZA SHAH, EXECUTIVE DIRECTOR
SUSTAINABLE PEACE AND DEVELOPMENT ORGNAIZATION (SPADO)
AUGUST 2013

The residents of FATA have been deprived of their basic rights for long enough. The
people have been oppressed and state policy has created a vacuum which is now being
filled by militants. If local government elections are to be held all over the country, why
should they not be held in FATA as well?
DR. ASHRAF ALI, PRESIDENT, FATA RESEARCH CENTRE
FEBRUARY 2014, EXPRESS TRIBUNE

Democracy is the guarantee of equal rights to all humans and it is essential for the
protection of the rights of the common man.
ALL BAJAUR POLITICAL PARTIES ALLIANCE
SEPTEMBER 2013, DAWN

FATA is a part of Pakistan and all parts of the country should enjoy the same laws, not
different ones for each area.
SAHIB ZADA, EXECUTIVE DIRECTOR
SOCIAL AWARENESS & DEVELOPMENT ALLIANCE (SADA), MARCH 2014
77

It is imperative to bring FATA into the mainstream of the country and eliminate all
remnants of colonial laws and regulations. Justice should prevail where everybody
gets equal treatment and no one is subjected to arbitrary treatment.
SALMAN AFRIDI
CENTRAL SECRETARY LEGAL AFFAIRS, PAKISTAN TEHREEK-E-INSAF, MARCH 2014

I concemn the colonial policy of the state towards FATA. I demand legislature, judiciary
and fundamental rights for the FATA people.
SENATOR AFRASIAB KHATTAK, APRIL 2014, TWITTER
83

FATA has been facing many problems just as it has been the focus of the entire world. It
has been the focus of wars and conspiracies and as a result, FATA people have seen
extensive damage and destruction. More than 40,000 people have been killed and 50,000
injured and millions rendered homeless. All powers concerning FATA rest with the
President of Pakistan, the Ministry of States and Frontier Regions (SAFRON), the Khyber
Pakhtunkhwa governor and the political administration. As a result, FATA parliamentarians
have no effective role.
There is no local government and people’s participation in self governance is almost zero.
There is no writ of the constitution or law and therefore zero accountability. Although
corruption is a problem in all of Pakistan, the blatant lack of change after 65 years and
billions of rupees in FATA development funds is noteworthy. Comprehensive
constitutional and legal reforms are needed for the tribal areas so that these gaps can be
filled. We hope that the new government will deliver a reforms package to change the
system for FATA.
SAHIBZADA HAROON RASHID, JAMAAT-E-ISLAMI, AMEER FATA
NATIONAL ASSEMBLY CANDIDATE, NA-43, BAJAUR AGENCY
MAY 2013, MASHAAL RADIO

We only demand for the establishment of sustainable and durable peace by using any
means in FATA and the rest of the country. We strongly support all efforts taken by
government and other stakeholders for the restoration of peace and an end to the
prolonged militancy. The government should prepare a draft regulation--with
consultation of relevant stakeholders--to properly hold local bodies polls in FATA.
MAULANA ABDUL RASHID, FORMER SENATOR, JAMIAT ULEMA-E-ISLAM (F)
MEMBER OF THE ALL BAJAUR POLITICAL PARTIES ALLIANCE
BUSINESS RECORDER, OCTOBER 2013

FATA is an integral part of Pakistan and tribal people are equal citizens of Pakistan.
However, there is a political and leadership vacuum in the tribal belt which is a bad
omen for the future. The post United States withdrawal era will be more disastrous and
dangerous if the FATA political and leadership vacuum is not filled by new leadership
after holding free, fair and transparent elections for local bodies in the tribal region.
ASAD AFRIDI, FATA CHAIRMAN, QAUMI WATAN PARTY
ALL VOICES, OCTOBER 2013
91

The Constitution of Pakistan 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. Unless the jurisdiction of superior
courts--including the Supreme Court and Peshawar High Court--is extended to tribal
areas, fundamental rights provided in the Constitution can not be enforced.
NOOR ALAM KHAN, ADVOCATE, SUPREME COURT
SEPTEMBER 2013, EXPRESS TRIBUNE

The aspirations of the people of FATA are far from being fulfilled.
More than two years after the official enactment of 2011 reforms,
political agents across FATA still wield unbridled powers and local
residents are still deprived of their basic human rights. To guarantee
fundamental constitutional rights for FATA citizens, urgent action
must be taken to ensure true implementation of the 2011 FATA
reforms package and the enactment of substantial additional reforms
for the tribal areas.
IBRAHIM SHINWARI, AUGUST 2013
FATA has brilliant customs and traditions. We were safe from many
ills over the years due to our bright traditions. In 1901, when the
Frontier Crimes Regulation (FCR) was introduced, things were not as
they are today. The political agent used to sit in his office and Maliks
used to act according to our traditions. But after 1947, successive
governments began appointing political agents and Maliks according
to their own wishes. As a result, now we have “official” Maliks and not
traditional tribal elders.
KHANZADA MOHMAND
FEBRUARY 2014, CENTER FOR RESEARCH & SECURITY STUDIES

Our biggest problem is the Frontier Crimes Regulation (FCR). The President of Pakistan
has made reforms to it and extended the Political Parties Order, but this has not ended our
problems because the article about basic human rights violations has not been changed.
Therefore, the FCR should be abolished completely. It is a big check on our freedom.
We want FATA to be brought fully under the constitution. We should be given the rights
enjoyed by other citizens of Pakistan so that we can also go to the courts to secure our
rights.
HAFIZULLAH, PAKISTAN TEHREEK-E-INSAF
NATIONAL ASSEMBLY CANDIDATE, NA-37, KURRAM AGENCY
We do not have fundamental rights, including the right to go before the Supreme Court.
We are between the devil and the deep sea, suffering under the FCR Under amendments,
those arrested cannot be imprisoned for more than one year. Regardless, people are still
being held for longer periods. Political agents act as prosecutors, judges, courts, and
administrators. In FATA, all these powers are held by one person.
ABDUL QUDOOS, INDEPENDENT
NATIONAL ASSEMBLY CANDIDATE, NA-42, SOUTH WAZIRISTAN

Reforms in FATA are indispensable to securing local, regional and
global peace. We, the inhabitants of FATA, request the state of
Pakistan to abolish colonial policies toward FATA and extend laws
and the jurisdiction of higher courts.
SAMINA AFRIDI, KHYBER AGENCY, LECTURER
UNIVERSITY OF PESHAWAR, MARCH 2014
Basic poor social indicators regarding the situation of tribal women
provides a strong basis for moving forward the agenda to improve
FATA policies and create contextually sensitive opportunities for them
to gradually play a more effective role in society.
MARYAM BIBI, KHWENDO KOR, MARCH 2014

While stressing the importance of guaranteeing peace in FATA, we
stand together to highlight the urgent importance of mainstreaming
and legal reforms for tribal people while also emphasizing the right
of FATA citizens to enjoy the same constitutional guarantees and
rights as all Pakistanis.
Local bodies elections must be held in FATA like in the rest of the
country. A new amendment should be introduced to change Article
247 of the constitution to provide equal fundamental rights and also
shift legislative powers for FATA from the President of Pakistan to
the parliament.
Leaders of our respective political parties are united regarding the
extension of Pakistan Electronic Media Regulatory Authority
(PEMRA) jurisdiction to allow media free access to FATA. They also
recommend a strengthened and more independent Jirga system.
The Actions in Aid of Civil Power Regulation should be abolished,
and to eliminate conflict of interest, executive and judicial powers
must be separated in FATA.
These recommendations have been unanimously agreed upon
following several all-parties conferences held in 2013, including
the participation of Awami National Party (ANP), Jamaat-e-Islami
(JI), Jamiat Ulema-e-Islam Fazl (JUI-F), Muttahida Quami
Movement (MQM), National Party (NP), Pakistan Muslim League
(PML), Pakistan Muslim League-Nawaz (PML-N), Pakistan
People’s Party (PPP), Pakistan Tehreek-e-Insaf (PTI) and Qaumi
Watan Party (QWP).
We will continue working together to push for these necessary
constitutional and legal amendments. With your support, we will
continue outreach efforts and ensure that all stakeholders are
brought on board to bring about swift enactment and effective
implementation of these reforms for FATA.
POLITICAL PARTIES JOINT COMMITTEE ON FATA REFORMS
MARCH 2014

Political awareness of FATA people is increasing in many ways. Radio and newspapers
are accessed by people there and organizations are working. Young people in FATA are
ready to launch a movement for their rights. I call on all educated people to analyze the
situation and devise a proper line of action to achieve the desirable results.
ENGINEER TOR GUL CHAMKANI, FATA ACTIVIST AND WRITER
JANUARY 2014, CENTER FOR RESEARCH & SECURITY STUDIES

Reforms are good because in the past there was a deadlock, but now
we now have some political freedom and political groups are taking
part in elections. Earlier, under the collective responsibility clause of
the Frontier Crimes Regulation (FCR), our tribes were arrested,
including elders. But now, those above 60 and youth below 18 may
not be arrested. Still, permanent implementation of these laws is
lacking.
As the process has now started, we believe the current reforms are not
enough. We should bring more reforms to the FCR to alleviate the
problems caused by this regulation. We also ask that Pakistan’s laws
be implemented in FATA, especially those guaranteeing human rights
and basic rights as these are still lacking in FATA.
NISAR MOHMAND, MOHMAND AGENCY
MEMBER OF THE FATA GRAND ASSEMBLY, MAY 2013, MASHAAL RADIO

AJMAL KHAN WAZIR, PAKISTAN MUSLIM LEAGUE, CENTRAL SENIOR VICE PRESIDENT
MEMBER OF THE POLITICAL PARTIES ON JOINT COMMITTEE ON FATA REFORMS
JANURAY 2014, THE NEWS AND FEBRUARY 2014, CAPITAL TV

I would be in favor enabling parliamentarians from FATA to have a
greater role. It would not be difficult to implement as there are
twelve parliamentarians from FATA in the lower house and eight in
the upper house. Under the Frontier Crimes Regulation (FCR),
however, the Constitution of Pakistan does not extend fully to FATA
and no act can be implemented in the region without the prior
permission of the President of Pakistan. Until this hurdle is
removed, the problems of FATA cannot be resolved.
SENATOR SALEH SHAH, SOUTH WAZIRISTAN
CHAIRMAN, STANDING COMMITTEE ON STATES AND FRONTIER REGIONS
MARCH 2014, EXPRESS TRIBUNE
We demand the right to legislate for FATA. We want a system just as
is in vogue in the settled areas. We also want local bodies based on
merit and democracy. A law for local government elections in FATA
is an indispensable necessity in the present circumstances and
should be implemented to help resolve our current problems.
HAJI NASIR KHAN AFRIDI
MEMBER OF THE NATIONAL ASSEMBLY OF PAKISTAN, KHYBER AGENCY
JANUARY 2014, CENTER FOR RESEARCH & SECURITY STUDIES

ENGINEER SHAUKATULLAH KHAN
FORMER KHYBER PAKHTUNKHWA GOVERNOR
JUNE 2013, FATA GRAND ASSEMBLY, PESHAWAR

The Frontier Crimes Regulation (FCR) has left us in darkness.
Lawlessness and war in FATA is due to the FCR and the FATA
restrictions in the Constitution of Pakistan. FATA people have no way
to raise their voices against the political administration and FATA
lawyers are now fighting against this. We demand that the FCR be
abolished and that the High Court and Supreme Court hear our
appeals against the regulation.
TAJ MAHAL AFRIDI, FATA LAWYER’S FORUM
NATIONAL ASSEMBLY CANDIDATE, NA-45, KHYBER AGENCY

We need to have equal rights just as all other people who live in the
settled areas of Pakistan, like in Islamabad, Karachi, and Peshawar.
TARIQ KHAN DAWAR, PAKISTAN TEHREEK-E-INSAF
NATIONAL ASSEMBLY CANDIDATE, NA-40, NORTH WAZIRISTAN

We should hold council elections in FATA and representatives should be elected on
party basis. Councils should then be authorized to legislate for FATA people and the
region. Reforms will provide for all these matters.
SYED AKHUNZADA CHATTAN, PAKISTAN PEOPLE’S PARTY, BAJAUR AGENCY
FORMER MEMBER OF THE NATIONAL ASSEMBLY OF PAKISTAN
125

PHOTOGRAPHERS
Alimgir Khan
Ammad Ahmed Khan
Azmatullah
Faryal Mohmmand
Faisal Khan
Huma Gul
Irfan Ali
Jebran Yousefzia
Rizwan Bhittani
Rohida
Saba Rehman
Sara Qayum
Seema Gul
Shah Jehan
PUBLISHED BY THE NATIONAL DEMOCRATIC INSTITUTE
WITH THE SUPPORT OF THE BRITISH HIGH COMMISSION IN ISLAMABAD
ISLAMABAD, PAKISTAN
NOVEMBER 2014

FATA Faces FATA Voices

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