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 POST MERGER LOCAL GOVERNMENT SYSTEM IN TRIBAL
DISTRICT BAJAUR; CHALLENGES AND OPPORTUNITIES

Research Supervisor
Dr Amir Ullah (Chairman , Department
of Political Science Islamia College University
PESHAWAR

Research Scholar : Abdullah

INTRODUCTION
Pakistan is a democratic republic. At the core of democracy lies the will and
welfare of people. In democracy the will and welfare of the people could best be
ensured through a viable Local Government System. As for Local Government
System, Pakistan has an interesting history. Here Local Government System was
framed by the Military regimes. Gen Ayub Khan (President and Chief of Army
Staff 1958-1969) introduced a comprehensive system of local government
system Basic Democracies 1959. Gen Zia Ul Haq (Military Dictator 1977-1979)
introduced the Local Bodies System 1979.Gen Perviz Musharrif (Military Dictator
1999-2007) the Devolution of Power Plan 2001.
Federally Administered Tribal Areas; hence read after FATA, was a specific region
that was administered through a separate law, known as Frontier Crimes
Regulation; hence read after FCR. FATA comprised of seven Agencies namely
North Waziristan, South Waziristan, Mohmand Agency, Khurram Agency, Khyber
Agency, Orakzai Agency and Bajaur Agency. Since 1900 all the Tribal Agencies
had been administered through the FCR. After the independence of Pakistan,
FATA was given the status of special areas. The president was constitutionally
dispensed with the power to promulgate laws for FATA. The president could also
promulgate laws for FATA through his agent in the province of Khyber
Pakhtunkhawa; the governor. Which in turn ensured the administration through
Agency Administration. The head of Agency Administration was Political Agent,
who was assisted in the affairs of administration by Assistant Political Agent,
Tehsildars and others. All the officials of the Agency Administration were
appointed. The Political Agent was not only concerned with the administrative
affairs of the Agency but, his domain of authority also included the supervision
of developmental projects. There was no room for elected officials in the Local
Administration. Tribal District Bajaur, was one of those seven Agencies
administered under the FCR. The residents of FATA had little constitutional and
political rights. But, due to the tireless efforts of the elders, intellectuals,
politicians, religious leaders and most importantly the common people of FATA
reforms were being introduced from time to time.

As from 2002 onwards FATA was under the brutal wave of terrorism affecting
every corner. Millions of residents of FATA were Internally Displaced. Hence
badly affecting political activities and political development. However, during
that period, the people of FATA observed the benefits of constitutional and
political rights enjoyed by their compatriots. This experience made them push
more strongly for the abolition of FCR and, merger in Khyber Pakhtunkhwa
province. All sectors of the society, whether politician, religious leaders,
intellectuals and more importantly the common people of FATA participated in
the struggle for the merger of FATA with Khyber Pakhtunkhwa. Some of the
major reforms introduced during that period were the FATA Local Government
Regulations 2002.
 FATA LOCAL GOVERNMENT REGULATION 2002
The salient feature of this reform was transferring powers to the people at the
grass root level. However, the true spirit of those reforms was diluted by the
governors and political agents. They were not

ready to relinquish their authority and power. In 2004, the then Governor
Commander Khalil Ur Rahman, introduced the formation of Agency Council. This
was introduced to undermine the true spirit of the FATA Local Government
Regulations. As participation in these Agency Councils were not under the basis
of elections but, on the nomination of political agents. Hence the members of
the Agency Councils were not the choice of the people but the favorites of
political agents. The Agency Councils were further stripped off the authority by
rendering them as advisory councils. Hence their decisions were nonbinding on
the Agency Administration.
The composition of local areas in the FATA Local Government Regulations, 2002
was based as such:
1) Union
2) Tehsil
3) Frontier Region
4) Agency
According to the FATA Local Government Regulations, 2002, the Agency
government was to consist of Agency Nazim and Agency Administration. The
responsibilities of Agency Government included the management and
operation of the departments which were devolved under the said regulation.
The head of the Agency Government under the FATA Local Government
Regulations,2002 was Agency Nazim and he was to perform the duties
rendered in the said regulation. The responsibilities of Agency Nazim included
providing a road map for the development of the Agency and also working to
efficiently and smoothly run the Agency Government. The Agency Nazim was
also responsible for maintaining administrative and financial discipline, as well
presenting tax proposal to the Agency Council.
The procedure of election for the offices of the local government was also
given in the FATA Local Government Regulations, 2002. According to the
procedure in the said regulations, the elections for the offices of the Agency
Nazim, Agency Naib Nazim, Tehsil Nazim and Tehsil Naib Nazim was to
conducted on the bases of adult franchise. However, for the election of
members against the reserved seats for women and non-Muslims all the
elected members formed the electoral college. The elections for local
government was to be held on non-party basis after every four years.
Though the spirit of those reforms were badly affected by the then Governor.
However, the mere introduction of those democratic offices and process was
seen to a good omen for the future of FATA. The inclusion of women and non-
Muslims in the process of local government was a good step. The Local
Government Regulations, 2002 was a great step towards the introduction of
responsible governance.
FATA LOCAL GOVERNMENT REGULATION 2012
With the resignation of Gen retired Perviz Musharif and the return of
elected government the hope for further political reforms reignited. On
14 of August 2012 the then President of Pakistan Asif Ali Zardari
promulgated the FATA Local Government Regulations. In the said
regulation of 2012, the local areas were named Town. The governor
was empowered to divide local areas into wards with demarcation for
the purpose of elections. The councils constituted under the said
regulation was called Municipal Committee. Each council was to have
Chairman and Vice Chairman elected by the respective council.
The procedure for election was such that the elections for Local Council
was to be held on secret ballot and adult franchise. The term of the
Local Councils was put at four years. However, Governor had the
authority to dissolve those councils even before the expiration of their
due term. In the said regulation it given that, “Governor, when he is
satisfied that remaining in office of office holders and members of Local
Council is no longer in public interest, he may dissolve the local council
before the expiry of its term on such a date as he deems fit”. The
executive authority of the council was rest in the Chairman. The
responsibilities of the Municipal Committee included the provision of
many social services. The maintenance of streets, drainage and
sanitation, water supply and municipal planning. Though, the local
councils had the authority to pass budget and allocate resources.
However, overriding powers in that regard was given to the governor.
There were provisions for taxation as well but overriding powers rested
with the governor. Hence, affecting the true spirit of the regulations.
Though, the regulation of 2002 was more comprehensive in nature but, the
political authority behind those regulation was not the parliament but a
military dictator. Hence, in terms of legitimacy the regulation of 2012, were
more important. However, the FATA Local Government Regulation 2012 could
not be materialized due to the change in the government.
FATA REFORMS COMMITTEE REPORT

In November 2015, the then government of Pakistan Muslim League set up a

committee of six members for introducing reforms in FATA. The Chairman of
the said committee was Sartaj Aziz (Advisor to the Prime Minister on Foreign
Affairs). While other members of the committee included Zafar Iqbal Jigra
(Governor KP), Abdul Qadir Baloch (Minister for SAFRON), Zahid Hamid
(Minister for Law and Justice), Nasser Khan Janjua (National Security Advisor)
and, Muhammad Shehzad Arbab (Secrtetary SAFRON). The committee visited
different parts of FATA. The committee ascertained the views on the
proposed reforms from all the sectors of the society. After a thorough
deliberation the committee presented its report to the government on August
23, 2016. The final report of the committee was comprehensive and included
almost all the major demands of the people of FATA. Besides other
recommendations, the committee also suggested:
1)Party based local bodies elections was to held before 2018.
2) In Peshawar a separate unit for FATA should be established in the Election
Commission Office.

These reforms were instrumental for the completion of the process of merger
with Khyber Pakhtunkhwa. In 2017 the federal government tabled a bill to
merge FATA with the province of Khyber Pakhtunkhwa. The bill was passed by
the National Assembly and was followed by Senate. The same bill was also
passed by the Provincial Assembly of Khyber Pakhtunkhwa. Later, the then
President Mamnoon Hussain assented to the bill. Hence, it came in the shape
of the 25th constitutional amendment.
Local Government Elections in FATA, 2021

With the process of merger been completed, the first ever part based local
government elections held in 2021. Like other parts of the erstwhile FATA,
Bajaur Agency, now, Tribal District Bajaur, had its first local government
elections.
There were different views about the introduction of the Local Government
System in erstwhile FATA. However, people participated enthusiastically and
the turn out in general was high. The candidates for these Local Government
offices were not only party nominated but the bulk of the candidates were
independent candidates. The most unique feature of these elections was the
participation of women. Women not only participated as voters but they also
participated as candidates.

Literature Review

The subject in question is nascent and developing. I have relied on many

sources of information for that purpose. In the course of my study I relied on
oral histories, opinions of the local politicians, written work of professionals
and experts. The Articles, Journals and Books read during the course of the
study is given in the following list:
1) Local Government System in The Federally Administered Tribal Area
(FATA), Pakistan. Past, Present and Future by Rahman Ullah (Central Asia
Journal No 80, Summer 2017)
2) Local Government System in FATA by Dr. Raza Rahman Khan
3) Local Government in FATA: Past failures, current challenges and future
prospects. This book is published by FATA Research Centre.
4) Local government system introduced to mainstream ex- FATA, Article
published in The Express Tribune on November 6, 2018.
5) FATA LG system emulates K-P structure, Article written by Iftikhar Firdous,
published in the Express Tribune on May 3, 2018.
6) Streamlining Governance System OF FATA (Pakistan): A Study into the
Challenges, Prospects and Responses of the Tribal People. PhD Thesis
submitted to the Department of Political Science by Asghar Khan.
7) LOCAL GOVERNMENT SYSTEM IN FATA. Written by RAZA KHAN on May 15,
2018.
8) Mainstreaming the Tribal Areas (ex- FATA) of Pakistan bordering
Afghanistan. This Book is written by Asghar Khan, Department of Regional
Studies, University of Peshawar.
9) Pakistan ungoverned spaces 179 – CIDOB
10) Mainstreaming FATA, Benazir Democracy institute, Shaheed Bhutto
Foundation
11) Constitutional Status of FATA: Pre and Post Merger Comparison of Legal
and Administrative System, Sadia Fayaz , Sumaira Gul, Aasia Khatoon
Khattak, Published in Global Legal Studies Review.
12) FATA’s Mainstreaming, Newspaper Article written by Amna Ejaz Rafi,
Researcher, Islamabad Policy Research Institute (IPRI)
13) FATA: voice of unheard – path dependency and why history matters.
Written by Amina Khan, Research fellow in the Institute of Strategic Studies
Islamabad.
14) THE DISPENSATION OF JUSTICE IN THE FEDERALLY ADMINISTERED
TRIBAL AREAS (FATA) OF PAKISTAN: ITS APPLICATION AND ANALYSIS.
Research Journal written by Abdul Malik Khan and published by AREA
STUDY CENTRE (Russia, China and Central Asia), University of Peshawar –
Pakistan.
15) Year Book 2016-17, GOVERNMENT OF PAKISTAN, MNISTARY OF STATES
AND FRONTIER REGIONS , ISLAMABAD. WWW.SAFRON.GOV.PK
 HYPOTHESIS
INTRODUCTION OF LOCAL GOVERNMENT SYSTEM IN THE NEWLY MERGED
DISTRICT BAJAUR WILL LEAD TO A MORE INCLUSIVE, DEMOCRATIC AND
RESPONSIBLE ADMINISTATION.

RESEARCH DESIGN AND MERHODS

Given the nature of my research topic, I will employ different tools and
methods for obtaining data. I will rely both on qualitative and quantitative
methods of data collection.

I will conduct the analysis of Quantitative data through SPSS, MS Excell etc.
I will conduct the analysis of Qualitative data through Content Analysis
Method.

LIMITATIONS

My case study will be conducting in Tribal District Bajaur. The society of the
area is not so literate and open in regard to women. Hence it would be a
little difficult to ascertain the real picture of the issue.

BUDGET

The research study will be carried in my hometown Bajaur. Hence, I have

the advantage of acquaintance with the culture, geography and people of
Bajaur. However, the scope of the study demands a large and diverse
sample population. For that purpose I will have to visit different villages,
also engaging with different people. I will have to rely on different sources
from motorcycle, Laptop, internet service to other necessary tools.
Significance of The Research

The people of Tribal Districts had been demanding the revocation of FCR
since independence. Now, when FCR has been revoked and the residents
of Ex-FATA have been given equal status of citizenship. The important thing
is to study its effectiveness. As the first ever Party based Local Bodies
elections were held in 2021. Now a research targeted at studying the
effectiveness and finding challenges in this regard will be helpful. Hence,
my research will not only add to the existing literature in this subject, but
could also work as a guide for reforms in this regard.