The 30th Amendment and the tribal areas Riwaj Act Bill recently moved by the federal government in the national assembly do not aim to merge Federally Administered Tribal Areas (FATA) with KP (Khyber Pakhtunkhwa) but foment people from FATA and KP against each other, KP chief minister Pervez Khattak said.
The mala fide on the part of the federal government could be gauged from the fact that the proposed amendment bill has totally ignored Articles 1, 246 and 247 of the Constitution which remain at the centre of the whole issue while on the other hand, multiple letters by the Chief Minister KP whose government remains the main stakeholder to the issue, have never been responded by the Prime Minister.
Article 1 of the constitution defines the territories of Pakistan and its sub-article (C) explains the status of FATA while Article 246 defines tribal territories, FATA and PATA, and Article 247 provides for administration of Tribal Territories particularly barring it from the jurisdictions of both the parliament and the superior judiciary.
This was explained by the Chief Minister KP Parvez Khattak while briefing a group of parliamentarians in KP House, Islamabad, on Tuesday.
Explaining the salient features of the provincial government response to the federal cabinet decision on FATA reforms, the chief minister had pointed out in his letter to the Prime Minister that the reforms committee had clearly suggested ‘the merger of the two regions’ and the people of FATA viewed any deviation from these recommendations as a ‘breach of trust’. Therefore, after the passage of the constitutional amendment by the parliament, it should be left to the provincial government to decide about the transition and merger, he stated. “Moreover there will be early gains, which could be achieved very quickly on the time continuum. The reforms should not be delayed for further five years,” chief minister said.
Although the proposed amendment instituted rights for the people of FATA to elect MPAs to the KP Assembly but the said MPAs had been denied any role in the affairs of FATA for the crucial long four years, Pervez Khattak pointed out. He said that MPAs had no jurisdiction over their respective constituencies. Khattak said, “This will create more chaos”.
The KP Government has also stressed the completion of the repatriation of TDPs (temporarily displaced people) before 2018. With regard to the special committee of high-level experts and official to prioritise the preparation of a 10-year socio-economic development plan for FATA, the provincial government has said that the planning and development chief secretary and additional chief secretary, and secretaries of the provincial government departments should be included in the process while the chief minister should jointly preside it along with the governor. At the moment, the committee was being presided over by the governor only. The provincial government carries the entire responsibility of its constituencies and it cannot be kept out of the process, which has long-term repercussions for the entire region.
With regards to the proposal of three per cent allocation from the divisible pool on annual basis for 10 years, the KP government has supported the proposal but it stated that members of the NFC absorb the cut of three per cent as per the existing distribution formula. KP government stressed the allocation of PSDP should be increased ‘in a progressive manner at par with the growth size’ rather than capping it at Rs21 billion.
The provincial government has also referred to the lack of any contribution for the reconstruction of FATA by the FATA Development Authority and its ‘turf war’ with FATA secretariat.
With regards to the governor‘s advisory council comprising all FATA Senators and MNAs ‘to carry out development and administrative functions’, the chief minister asserted, “the underlying premise of integration and mainstreaming is severely weakened if the larger administrative unit to which FATA is being merged is left out of any decision making body let alone an advisory body which helps in running the affairs of FATA.” Rather, it has been proposed that the provincial government and its secretariat be allowed to assist the governor during the transitional phase to shorten the period of merging.
The Chief Minister has agreed to the proposal of enhancing the approving powers of the FATA development committee from Rs400 million to Rs2 billion and FDWP from Rs200 million to Rs1 billion but after the elections, these powers should be reverted to the PDWP (Provincial Development Working Party).
The Provincial government has agreed with party-based local government elections, the extension of the jurisdiction of auditor general of Pakistan and abolition of permit/’rahdari’ system for exports to and imports from FATA. However, with regards to the promulgation of Riwaj regulations, the provincial government has said that it should be in accordance with the wishes of the people of FATA and without bypassing the parliament.
With regard to the jurisdictions of the superior judiciary to FATA, the KP government has proposed that it should be made part of the Riwaj Act of Parliament so that the writ jurisdictions of the superior judiciary are extended to FATA gradually.
