Amendments in FCR; a giant transition to help break shackles.

ISLAMABAD, August 23, 2009 (Balochistan Times): President Asif Ali Zardari recently approved a number of amendments in Frontier Crime Regulation (FCR) paving way for political reforms in tribal areas and abolishing controversial powers of the administration in Federally Administered Tribal Areas (Fata). The major stride was extension of Political Parties Order 2002 spurring political activities in the Tribal Areas, endowing a large population of FATA. These people, who were deprived of raising their voice since more than a century, will get an ideal platform to have a say in political affairs of the country. The other change takes place on judicial side - setting up of Fata Tribunal, having powers of High Courts that would also stem the one sided administrative justice. Under the FCR, political agents have powers to arrest a person under sub clause of the collective punishment and put him in jail for three years without trial. Moreover, children and women would not be victimized under the same clause. The tribunals would work for hearing of appeals against punishment awarded by the PAs. Under the approved amendments, the obnoxious sections had been done away with in accordance with wishes of tribal people. The introduction and imposition of measures for reforming and bringing the backward FATAs at par with other developed areas of NWFP, had remained a low priority for the previous governments. Though, such a change in the political, social and cultural life could have been taken as harbinger of revolution. The FATA system direly needed prompt attention especially after emergence of militancy and terrorism and the recent step would prove to be a milestone for a change. The people living in FATA have once again shown their strong reservations over the ancient codes of governance which are reminiscent of the British Raj. Administratively, FATA is divided into seven political units namely Bajaur, Mohamand, Khayber Orakzai, Kurram, North and South Waziristan Agencies and six Frontier Regions (FRs) Peshawar, Kohat, Bannu and D I Khan. The last one is further divided into FR D I Khan and FR Tank. Similarly FR Bannu had been reconstituted into FR Bannu and FR Lakki Marwat. Before partition, various policies were adopted by the British government like the Sanderman system, Close border policy, Butcher bolt system, Policy of non-interference and Forward policy, as envisaged by various viceroys. Lastly, the Middle policy of Lord Cruzan was introduced. After the Indian Government Act of 1935, special status was granted to these areas that has been maintained in each Constitution of Pakistan. For the first time in 1996, the then President Farooq Ahmed Khan Leghari, bestowed tribesmen with the right of adult franchise. The present coalition government headed by PPP leadership has also shown its resolve of working out many social, administrative and political reforms in the tribal belt in respect of progress and prosperity. These reforms have been welcomed by the educated and deprived segments residing in rugged terrains. FCR has always been termed controversial by all stakeholders because it was only set of laws in the world enforced by the British government during 1907 to tame the warrior tribes. It is interesting that according to Article 247 of the Constitution, the tribal areas are part of the federal government and have representation but they were deprived of framing any laws. The federal government controls all the affairs of these areas, with the governor as its special agent. New laws cannot be promulgated in these areas except those issued through ordinances and orders. Only through an amendment in the Constitution, the status quo could be changed. The eeriness of this system can be gauged from the fact that whole tribe had to bear the brunt of Political Administration in case a tribesman commits a crime under sub-section 40 of collective punishment. In 1966, Lahore High Court had observed that the sub law was against the spirit of Islam and countrys Constitution. Zafar Baig Bittani, a FATA MNA said, panacea to all ills had lied in speedy, inexpensive and all pervasive justice system in FATA. The tribesmen demanded that the Political Agents should be judicious and accountable for their verdicts devoid of ulterior motives, while the people should have the right to appeal, which would be met with these amendments he added. Bittani said, system is evolved with the passage of changed scenario and the old embargoes crumbled automatically to give way to new ones, so this system should be done away with reforms. Number of tribal elders in South Waziristan Agency and Jandola, FR Tank have welcomed amendments like introduction of political parties system, separation and curtailment of judicial and executive powers of the PA and establishment of Tribunals. These elders also advocate strengthening the jirga system - an efficient way of sorting out the feuds among the tribal clans and establishment of the FATA Secretariat in each agency. They see it vital to aptly address the grievances of people. The Nikhat system under which a certain tribe has its share out of the government launched development schemes, also required improvement. Any step - sooner or later - should be a step towards bringing FATA people into mainstream and ensure them more opportunities.

(THROUGH ASIA PULSE)