FATA Reforms

Operation Zarb-e-Azb has entered its final phase. According to the ISPR most areas have been
cleared of the terrorists and their outfits have been eliminated. The next challenge would be to bring
the culture of FATA back to its original shape. As the IDPs plan to go back to their areas, it is essential
to provide them with social and political security.
With the nearing end of Zarb-e-Azb many hope for the return of the customs that were once the
part of Waziristan, both north and south. The tribal codes of Mehsud and Wazir tribes have been
infected. Clearing them might take years. Military operations can do it alone and in addition to that
military operation is a short term solution to the problem. The long term solution would be to
restore the customs of the people of the area. The National Action Plan (NAP) promises
administrative and development reforms in Fata, with immediate focus on repatriation of IDPs and
formulation of a comprehensive policy to deal with the issue of Afghan refugees, beginning with
their registration. Both issues found place in the NAP because the authorities viewed these as part of
Pakistan’s security crisis, which had led to the support for terrorist networks. Regardless of the
veracity of such apprehensions, the displaced populations — local and foreign — do represent
operational and management hazards. They can easily serve as conduits for all those non-state
actors that are involved in cross-border terrorism. That is why the double ‘R’ i.e., resettlement of the
IDPs and repatriation of Afghan refugees, continue to remain an essential part of the conversation
on national security, though without a long-term vision. Federally Administrative Tribal Areas (FATA)
has been ruled by the British implemented law, the Frontier Crime Regulation (FCR) act for the last
one century. The FCR was enacted in some parts of the then Northwest Frontier Province (now
Khyber-Pakhtunkhwa), Balochistan, and FATA by the British Raj in 1901 for their own protection. In
1947, when Pakistan came on the world map, the FCR was a great challenge for the then Pakistani
government. After independence, the constitution of Pakistan kept the region’s isolation intact
through article 247 (b), which states that the parliament and courts do not have jurisdiction over
FATA. In the constitutions of 1956 and 1973, the FCR was removed from parts of the Khyber
Pakhtunkhwa and Balochistan. The people of FATA, however, are still subjected to this draconian
law. The FCR is a complete violation of universal human rights and contradicts the Constitution of
1973.
The old legal and administrative structures are authoritarian in nature and essence and have failed
to deliver according to the wishes of the people. Though some changes have been introduced by the
government, substantial reforms are required to bring FATA into the mainstream. IN November
2015, the prime minister constituted the Fata Reforms Committee. In August 2016, the committee
submitted its report to him. The committee report consists of some practical recommendations and
proposals.
The most important one was to merge FATA with Khyber Pakhtunkhwa within a transition period of
ten years. Merger with Khyber Pakhtunkhwa was also the demand of the majority of
parliamentarians from FATA.
FATA Reforms Committee recommendations on FATA- FATA Reforms Committee has
recommended four basic options for reforms but there is a wide consensus on integration of FATA
with Khyber Pakhtunkhwa. The committee headed by Advisor to the Prime Minister on Foreign
Affairs Sartaj Aziz took eight months to deliberate on the much awaited reforms in FATA and
recommended four basic options for reforms.
1. Maintain statuesque but introduce judicial/administrative reforms and increase focus on
development activities.
2. Create FATA Council on the pattern of Gilgit Baltistan.
3. Create a separate province of FATA.
4. Integrate FATA with Khyber Pakhtunkhwa province, each agency becoming a separate District and
FRs integrated. This merger has been agreed upon through painstaking effort of all political
representatives, tribal leaders, civil society members and non-profit organisations. Their effort is
highly commendable as the technical, legal and constitutional problems in finalising such a massive
undertaking were immense.
The sooner these problems are resolved the sooner larger issues of the internally displaced persons
(IDPs) settlement, reconstruction and infrastructure development in FATA can be addressed.
However, there are some political parties, who have rejected the report of the committee and
demanded a referendum in the tribal areas. These parties and their leaders call themselves the true
representatives of Pashtuns. But they still are opposing the reforms in FATA. The current
circumstances, the referendum is wastage of time and money. This is because half of the population
of FATA is living outside FATA in IDP camps in different parts of the country. Secondly, tribesmen at
the same time wanted to retain their identity by recognition of Rewaj and the Jirga system under the
new system. They also advocated a more gradual and phased approach to FATA reforms so that
displaced people can return to their homes and smooth transition from post conflict situation to
durable peace can be ensured.
Thirdly, more than 20 percent of the population has been living outside the country that has left for
earning bread for their families. In the absence of half of the people of the area, a referendum is
meaningless and a wastage of time. The leadership of these opposing parties need to set aside
personal agendas and support the FATA-KP merger.
Virtually no support for a separate FATA province due to its geographic location, weak linkages
between the agencies and limited financial resources. Similarly the option of FATA Council, on the
lines of the GB Council, also did not enjoy much support. It was emphasized that even as a
transitional measure, it would create new vested interests that could block further reforms and lead
to the next logical demand of a separate FATA.
The fourth option, i.e. FATA’s integration with KP was widely supported as it offered many
advantages and is the only rational choice for “mainstreaming” FATA, since the people of FATA will
be able to elect their representatives for the Provincial Assembly of KP and expand opportunities for
improved governance.
Under the integration option the security infrastructure, including the strength and quality of Levies
and other Law Enforcing Agencies will have to be improved and extended throughout FATA, making
it easier for the Armed Forces to withdraw from its security role in FATA, within 4-5 years.
REHABILITATION AND RECONSTRUCTION:
Highest priority, after the restoration of peace should be assigned to rehabilitation of the tribal
people, reconstruction of tribal areas on a war footing and revival of livelihood activities.
The target date for return of TDPs should be end of 2016 the reconstruction phase should be
completed before the end of 2018. This gigantic task will require much larger financial resources and
coordination between all the Federal Agencies including SAFRON, FATA Secretariat, the Army
formations and FWO/NLC. A comprehensive rehabilitation and reconstruction plan has been
launched by FATA secretariat which should be synchronized with the above timelines.
Foreign donors can be invited to provide part of financial resources for the reconstruction plan.
The 10-year development programme should include major infrastructure and irrigation projects,
mineral development programme and integrated plans for health, education including
establishment of university, medical and engineering colleges, vocational training and industrial
zones with special incentives.
A major aim of this 10-year programme will be to bring FATA at par with the rest of Pakistan on the
basis of all major economic and social indicators.
FATA Development Authority (FDA) may be reorganized with enhanced powers to implement large
infrastructure projects under the 10-year Development Plan.
Thirty percent of the allocation in the 10-year Plan should be channeled through the local bodies.
An important component of the new Development Plan would be the concept of social
transformation of FATA through urbanization by setting up modern urban hubs in all Agency
Headquarters and other important trading centres.
All posts in FATA should be upgraded at par with KP.
Salaries for the project personnel should be 20% higher than the project policy of KP.
Special incentives to private sector in education and health sectors should be given in the form of
free land.
State Bank of Pakistan to encourage establishment of more branches of banks in FATA with special
incentives for private banks.
Quota of FATA students in education and health institutions be doubled and retained for 10 years
after integration.
Once the rehabilitation phase is completed, party based local bodies elections can be held in FATA
before end of 2017 and steps should be taken so that in the upcoming 2018 general elections the
local people are able to elect their representatives for the KP assembly. All other formalities e.g.
updating the electoral rolls, finalizing the constituencies, rules and regulations should be completed
by the first quarter of 2017. A separate unit for FATA may be created in the Election Commission
office, Peshawar for this purpose. The FATA Reforms Committee had visited all tribal agencies and
held meetings with the elected representatives of those areas including businessmen, tribal elders
(Maliks), educated youth, religious leaders and members of the civil society to ascertain their point
of view before finalizing recommendations for the future of Federally Administered Tribal Areas
(FATA). The Committee also held meetings with the notables of all Frontier Regions and other
stakeholders. Without taking women onboard, all reforms and changes will be meaningless. The
opinion of people should be listened to, instead of discussions with few pro-governments
bureaucrats. Without the presence of the local population in the areas, any reforms are a wastage of
time. To make the reforms practicable, all the IDPs should return before the implementation of any
reforms. The government should make all possible efforts to provide the necessary facilities to the
returning people including health, education and other necessities. There is no need to replace the
FCR with Rivaj act because the conservative nature of Pashtun society will misuse the act and there
is a possibility of violations of basic human rights. A complete abolishment of FCR and direct
extension of the jurisdiction of courts and constitution will be easier and a better option. All
administrative machinery should be from FATA because the local people are well aware of
the local customs and tradition. Change in the status of Fata will affect relations with Afghanistan,
and in this regard, there should be a better border management with Afghanistan, especially due to
the presence of the majority of the Pashtuns on both sides of the frontier.
There must be capacity building of law enforcement agencies (LEAs) and other state institutions in
FATA for the effective policing, intelligence coordination and surveillance to prevent recurrence of
terrorism. The will of the people and all stakeholders is important in the decision making process
and to bring normalcy in the tribal region. Hence, people driven and people participated solutions
must be introduced. Immediate reforms in FATA such as revisiting FCR, political accountability and
improvement of local socio-economic conditions are needed.
Insightful planning, extensive and complex coordination and logistics, and substantial funding and an
international assistance is required to rebuild the destroyed infrastructure, houses, hospitals, and
schools, and to start the gradual political process to bring the IDPs back to the area.
To ensure complete security, Pakistan requires Afghanistan’s support in countering terrorism. Both
countries should co-operate in countering terrorists who have escaped Zarb-e-Azb by fleeing to
Afghanistan. Media should play a concrete role to create awareness among locals about the
objectives of the Zarb-e- Azb Operation and efforts being done by the government and military for
rehabilitation of IDPs.
Last but not the least, FATA should be included in the CPEC project so that the people of FATA
will get the same benefits from the project as the rest of the country.

Analysis- Operation Zarb-e-Azb is primarily a unique and successful operation which has
responded to the security threat in a comprehensive and sustained manner. It is expected that final
phase of the operation will soon end successfully. The operation has enhanced the role and image of
the army. The operation has sent clear message to the militants and their supporters that any
attempt to destabilize, infiltrate and carry out terrorism in Pakistan will be met with clear and
forceful response. Whereas, there is a need to exercise vigilance by the security and law
enforcement agencies against any future terrorist threats, all the concerned departments should
work hard in a well-coordinated manner for return and rehabilitation of IDPs.
FATA reforms are required in order to bring peace to the tribal belt and to Pakistan, reflected by the
decision of the federal government to include development and administrative reforms of FATA
along with the repatriation of IDPs in the National Action Plan. But the delay in the process gained
criticism from the opposition. The government should prioritize the reforms and while the
government may initially face implementation challenges, if reforms are thoroughly discussed and
all stakeholders involved, they can be achieved. The recommendations made above will assist in
achieving the goal of an integrated, peaceful, and prosperous FATA.

Connecting the Dots:

1. FATA reforms are required in order to bring peace to the tribal belt and to Pakistan.
Analyze