At the time of Pakistan’s independence, the notorious Frontier Crimes Regulation (FCR) was applied to the whole of the then North West Frontier Province (NWFP) and the province of Balochistan. In 1956, the settled districts of NWFP and in 1973 the province of Balochistan, were exempted from the FCR and brought into the country’s mainstream. However, FATA continued to remain under the FCR regime, much to the discontent of its people.
It was Shaheed Zulfikar Ali Bhutto who first extended the executive authority of the federation to FATA in the 1973 Constitution. After the National Assembly unanimously passed the 1973 Constitution, and Bhutto was sworn in as the prime minister, he immediately visited the remote, backward, and neglected tribal areas. He promised the people of FATA that the democratic government of the PPP would improve their living standards.
As the prime minister, he focused on the area’s economic uplift and human development by constructing schools, colleges (for both men and women), hospitals, improving road networks, providing jobs and setting up industrial units in all the seven agencies of FATA.
Similarly, Shaheed Mohtarma Benazir Bhutto instructed the PPP for filing a petition in the Supreme Court for extending the Political Parties Act to FATA and promised for reforms in the tribal areas in her party’s 2008 manifesto.
Since coming into power in 2008, the present government has demonstrated a firm commitment to bring reforms in FATA and PATA for mainstreaming and integration of this important region with the rest of the country.
The government is in fact following the Charter of Democracy (CoD) and its 2008’s election manifesto in letter and spirit to make FATA a peaceful, prosperous and integral part of Pakistan. Since the prime minister’s announcement to implement a 3-D policy in FATA (comprising dialogue, development and deterrence), the democratic government has actively promoted education, development, and peace in the region.
As a first step on January 27, 2011, President Asif Ali Zardari changed Kala Dhaka’s status from Provincially Administrative Tribal Area (PATA) to a settled area – a task which the British could not achieve even in a hundred years of their colonial rule. On April 25, 2011, President Asif Ali Zardari also constituted a committee comprising Khyber Pakhtunkhwa governor, federal interior minister and FATA representatives to resolve the issue of Tal-Parachinar Road on a priority basis.
August 12, 2011 is the day of immense happiness as the government’s struggle towards the empowerment of people of FATA has seen a major development. President Asif Ali Zardari signed the extension of Federally Administered Tribal Areas (FATA) Political Parties Order in Islamabad.
The extension, which was signed at Aiwan-e-Sadar, allows political parties to operate in the tribal regions aiming to empower people of FATA. The extension of the act binds all political parties in the tribal agencies to inform political agents at least seven days in advance before organising any meeting or inviting their central or provincial leaders to the areas.
Following the policy of reconciliation, the democratic government has taken all major political parties into confidence over the extension of the order. The law has been enacted with a view to meet the challenges of Pakistan’s war against terrorism. The current situation in the FATA represents a clear and present danger to Pakistan’s national security, and democratic reforms are the only solution to tackle this crisis. Through the legislation, the people of FATA and PATA will receive the dividends of democracy and grant of fundamental rights.
The Regulations 2011 Bill for FATA/PATA provides a legal framework for the federal government to authorise the army to conduct operations in Khyber Pakhtunkhwa. Following a military action conducted under the Regulations, the incapacitated terrorists will be handed over to the concerned law enforcement agencies for trial. The bill guarantees that the interned criminals get proper health facilities and a right to meet their families.
The bill creates an obligation for the army to comply with principles of humanitarian law and meet human rights standards while conducting operations. It obliges the army to exercise necessary precautions before using force, failing which personnel of armed forces shall be made liable to strict disciplinary and criminal penalties.
The Bill demonstrates an improved control of armed forces by the Democratic Government, which retains power to withdraw armed forces by recalling their requisition. It provides an interim framework for collection, preservation of evidence against terrorists. In that sense, it will support prosecution efforts. The Bill also creates an obligation to carry out extensive de-radicalization program of detainees, while explicitly prohibiting torture.
Present democratic government has been successful in breaking the 100 years old norm and traditions which would pave the way for the development and prosperity of FATA region. Pakistan equally belongs to the people of FATA and it is very encouraging that the government is trying its best to provide opportunities and equal rights to the people living there. The move is all set to bring progress and prosperity in the region.
