ISLAMABAD: Pakistan political party leaders and FATA lawyers are working to move forward the reforms agenda for the tribal areas in Pakistan. Often misunderstood by national and international media, the tribal areas (FATA) are not administered by tribal laws, but rather by colonial-era regulations still implemented by the government of Pakistan. This approach along with Article 247 of the severely restrict the fundamental rights of the people of FATA.
âFATA reforms needs a new national paradigm shared by Pakistan Army, the security establishment, political parties and civil society for mainstreaming FATA and for the national interest of the country,â said Hasham Baber of Qaumi Watan Party (QWP) and member of the Political Parties Joint Committee on FATA Reforms (FATA Committee) in a national television program broadcast last week.
Mr. Baber debated future prospects and current hurdles in moving forward FATA reforms with FATA Lawyerâs Forum (FLF) President Ijaz Mohmand and social activist and expert Imtiaz Gul of the Centre for Research and Security Studies.
Will the FATA Reforms Commission be effective?
When asked about the establishment of the FATA Reforms Commission and its work, Hasham Baber said that, âI do not think that at this time there is any need or significance of the Commission, because political parties and civil society have already consulted local people in FATA and done a lot of brainstorming about what FATA reforms are neededâ. Ijaz Mohmand said about the work of the Commission that the reforms they are planning are beyond the authority of the governor. âSuch reforms need an act of parliament,â he said.
Mr. Baber went on to demand that the governor should make sure of the implementation of the previous reforms from 2011, especially the amendments to the Frontier Crimes Regulation (FCR).
Discussing historical injustices with the FATA region and its people, Ijaz Mohmand said that the 18th amendment was the latest, because the powers regarding FATA did not transfer to the Prime Minster and parliament despite all other powers being shifted. The President still is the only person with a final say regarding FATA.
Mr. Baber said that Pakistanâs security problems, the establishment and government bureaucracy have stopped politicians from interfering to resolve the problems of FATA due to supposed national interest. He added that the crux of all the 11-point recommendations of the FATA Committee is to transfer powers over FATA from the President to Parliament.
Political parties for reforms
Responding to the question of whether the 11-point reforms recommendations of the FATA Committee have political leadership support, Mr. Baber said that the recommendations do have the support of the leadership of all parties because all the members are working in collaboration and with support of their leaders. Represented on the FATA Committee are ANP, JI, JUI-F, MQM, NP, PML, PML-N, PPP, PTI and QWP.
Ijaz Mohmand criticized the structure and functioning of FATA Tribunal, which is a product of 2011 reforms for FATA. He called the Tribunal an illegitimate body incapable of delivering justice without the power to take suo motto action or issue contempt of court notices so that it may implement its decisions. He said that its members are former bureaucrats and people who are aliens to FATA and its culture.
Mr. Baber lamented the continuing implementation of the Actions in Aid of Civil Power Regulation and said that the regulation is worse than the FCR for the people in terms of violation of human rights. Ijaz Mohmand claimed that thousands of people have been interned under this regulation. He added that the internees remain disappeared and face extreme torture in internment centers. The FATA lawyer went on to say that anyone can be picked up by the security forces based on mere suspicion because of FCR and the Civil Power Regulation.
About the opposition of some elements to FATA reforms, Mr. Baber said that, âthe only opposition is from those elders and Maliks who think that their influence will disappear and their personal interests will be hurt by FATA reformsâ.
He added that one of the important points of opposition to FATA reforms is the reservations of our Defence Ministry. Hashim Baber stressed that all civilian governments have wanted reforms but they were handcuffed because of national interest.
Mr. Mohmand, on the other hand, said that political parties cry about FATA reforms when they are in opposition, but when they come into power they prefer to remain silent. Mr. Baber said that politicians need to move forward with confidence building measures with the establishment and advised government to remove the suspicions of the establishment and Army if it is really interested in FATA reforms. He emphasized that political parties plan to sit together with the establishment to talk about reforms and the reservations of the security establishment.
Ijaz Mohmand asked politicians to support the Article 247 amendment bill in the Senate as the first practical step toward mainstreaming FATA. He reiterated that the separation of powers (executive, judicial, legislative and electoral), provision of fundamental rights and extension of High Court jurisdiction to FATA would solve all the problems of FATA. Hasham Baber said that he is optimistic about FATA reforms and went on to say that conducting local body elections would solve many problems in FATA, urging government to immediately amend, enact and implement a local government regulation in FATA.
Video:Â http://www.dailymotion.com/video/x2a34lh_hum-bhi-pakistan-14th-episode_tv
Parties and lawyers call on government and establishment to resolve differences about FATAÂ reforms ISLAMABAD: Pakistan political party leaders and FATA lawyers are working to move forward the reforms agenda for the tribal areas in Pakistan.
