REHAN NIAZI FALCON
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Political reforms in FATA... a new era
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REHAN NIAZI FALCON
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New political era dawns in Fata
By: Maqbool Malik | Published: August 13, 2011
ISLAMABAD – The federation on Friday unveiled a major plan of political reforms and development in Federally Administered Tribal Areas (Fata) as part of efforts to blunt the appeal for militancy by allowing greater political activities through key amendments in the relatively tough federal laws and initiating comprehensive development projects.
President Asif Ali Zardari signed the decree that allows political parties to operate freely in Fata. Prime Minister Yousuf Raza Gilani was also present who announced development projects for Fata. The law amendments include changes in Frontier Crimes Regulation (FCR) and extension of Political Parties Order 2002 to tribal areas. The Fata has been in the international focus since 9/11 terrorist attacks and later the US-led international war against terror, as the area is not only has strongholds of defunct TTP, headquartered in Waziristan, but is also considered by the US as the global headquarters of al-Qaeda. In his speech at a ceremony at the President House, President Zardari declared: “In the long run we must defeat the militant mindset to defend our country, our democracy, our institutions and our way of life,” Zardari said, describing the system of justice in the tribal belt as ‘obsolete’. The president also accepted the demand to set up a hospital in Fata and assured that it will be constructed on fast track.
The two orders signed by the president will set into motion the far reaching administrative, judicial and political reforms in the tribal areas he had announced on the eve of Independence Day two years ago but the implementation of which had been stalled for various reasons.
“Henceforth the political parties, subject to appropriate regulations to be framed, will be freely allowed to operate in the tribal areas and present their socio-economic programmes,” the Presidential Spokesman Farhatullah Babar said. Babar said that by allowing political parties to operate freely means ‘a vacuum has been filled’ and that parties would now liaise with tribal elders in order to carry out their activities in a peaceful manner.
Under the reforms, an accused has to be produced before an authority within 24 hours of his arrest and has the right to bail. The practice of arresting tribesmen under the notion of ‘collective responsibility’ will also be softened, said Babar.
Prime Minister Gilani in his remarks said the government had launched the second cadet college in Wana, South Waziristan, and three more such colleges would be constructed. Similarly, the government has started work on two highways of international standard and work on two more is about to start, he added. The PM said, “We shall ensure that all traditional routes of the historical passes are brought up to international standards to facilitate trade with Afghanistan, Central Asian States and beyond.”
The Pakistani security forces have been fighting against foreign and homegrown militants in much of the tribal belt, but because of long porous border they have been enjoying a fair degree of freedom of movement, despite action against them on the both sides of the border over the past decade.
Security experts believe that this was largely due to the lesser number of security checkpoints set up either by the Nato/ Isaf forces and lack of will and action on part of the Afghan government that led to increase in cross-border incursions in Pakistan from the Afghanistan side. In past few months, even those local militants who had fled operations by Pakistani military and slipped into Afghanistan, have been returning to mount major attacks on the security forces and police in Fata.
Afp ads:Talking to the media explaining the salient features of the reforms package Babar said contrary to past practice an accused shall have right to bail and it will be mandatory to produce him before the concerned authority within 24 hours of arrest. Women, children below 16 and aged above 65 shall not be arrested or detained under collective responsibility.
He said that henceforth the whole tribe will not be arrested under the collective responsibility clause. Step-wise action will be taken, at first immediate male members of family will be arrested followed by sub-tribe and then by other sections of the tribe, he said.
Cases will now be disposed of in a fixed timeframe and checks placed on arbitrary power of arrest under the notorious Section 40-A of the FCR.
Appeals will lie before appellate authority comprising of commissioner and a dedicated additional commissioner (judicial) to be notified by the governor.
The reforms envisage setting of a Fata tribunal headed by chairman and two other members out of whom one shall be a person who has been civil servant of not less than BPS 20 having experience of tribal administration and other member shall be a person qualified to be appointed as judge of high court well conversant with Rewaj.
The FATA tribunal shall exercise power of revision against orders/judgments of appellate authority and shall have powers similar to high court under Article 199 of the Constitution.
A new section has been added for action against false prosecution in civil and criminal matters. Under it the defendant will be entitled to adequate compensation in criminal matters and compensatory costs in civil matters.
He said that no person shall be deprived of his property without adequate compensation as per prevailing market value in accordance with the procedure laid down in the Land Acquisition Act, 1894 procedure in settled areas.
For the first time the funds at the disposal of the political agent shall be audited by Auditor General of Pakistan, the spokesperson said.
Section 58-A has been added to make provision for jail inspections by FATA tribunal, appellate authority and political agent. Rules will be framed for regulating the Agency Welfare Fund.
The political reforms are expected to gradually help Pakistani government to tighten its writ through political means and purge Fata of terrorism and extremism. The observers also opined that this development might lead to creation of another province for administrative purposes.
By: Maqbool Malik | Published: August 13, 2011
ISLAMABAD – The federation on Friday unveiled a major plan of political reforms and development in Federally Administered Tribal Areas (Fata) as part of efforts to blunt the appeal for militancy by allowing greater political activities through key amendments in the relatively tough federal laws and initiating comprehensive development projects.
President Asif Ali Zardari signed the decree that allows political parties to operate freely in Fata. Prime Minister Yousuf Raza Gilani was also present who announced development projects for Fata. The law amendments include changes in Frontier Crimes Regulation (FCR) and extension of Political Parties Order 2002 to tribal areas. The Fata has been in the international focus since 9/11 terrorist attacks and later the US-led international war against terror, as the area is not only has strongholds of defunct TTP, headquartered in Waziristan, but is also considered by the US as the global headquarters of al-Qaeda. In his speech at a ceremony at the President House, President Zardari declared: “In the long run we must defeat the militant mindset to defend our country, our democracy, our institutions and our way of life,” Zardari said, describing the system of justice in the tribal belt as ‘obsolete’. The president also accepted the demand to set up a hospital in Fata and assured that it will be constructed on fast track.
The two orders signed by the president will set into motion the far reaching administrative, judicial and political reforms in the tribal areas he had announced on the eve of Independence Day two years ago but the implementation of which had been stalled for various reasons.
“Henceforth the political parties, subject to appropriate regulations to be framed, will be freely allowed to operate in the tribal areas and present their socio-economic programmes,” the Presidential Spokesman Farhatullah Babar said. Babar said that by allowing political parties to operate freely means ‘a vacuum has been filled’ and that parties would now liaise with tribal elders in order to carry out their activities in a peaceful manner.
Under the reforms, an accused has to be produced before an authority within 24 hours of his arrest and has the right to bail. The practice of arresting tribesmen under the notion of ‘collective responsibility’ will also be softened, said Babar.
Prime Minister Gilani in his remarks said the government had launched the second cadet college in Wana, South Waziristan, and three more such colleges would be constructed. Similarly, the government has started work on two highways of international standard and work on two more is about to start, he added. The PM said, “We shall ensure that all traditional routes of the historical passes are brought up to international standards to facilitate trade with Afghanistan, Central Asian States and beyond.”
The Pakistani security forces have been fighting against foreign and homegrown militants in much of the tribal belt, but because of long porous border they have been enjoying a fair degree of freedom of movement, despite action against them on the both sides of the border over the past decade.
Security experts believe that this was largely due to the lesser number of security checkpoints set up either by the Nato/ Isaf forces and lack of will and action on part of the Afghan government that led to increase in cross-border incursions in Pakistan from the Afghanistan side. In past few months, even those local militants who had fled operations by Pakistani military and slipped into Afghanistan, have been returning to mount major attacks on the security forces and police in Fata.
Afp ads:Talking to the media explaining the salient features of the reforms package Babar said contrary to past practice an accused shall have right to bail and it will be mandatory to produce him before the concerned authority within 24 hours of arrest. Women, children below 16 and aged above 65 shall not be arrested or detained under collective responsibility.
He said that henceforth the whole tribe will not be arrested under the collective responsibility clause. Step-wise action will be taken, at first immediate male members of family will be arrested followed by sub-tribe and then by other sections of the tribe, he said.
Cases will now be disposed of in a fixed timeframe and checks placed on arbitrary power of arrest under the notorious Section 40-A of the FCR.
Appeals will lie before appellate authority comprising of commissioner and a dedicated additional commissioner (judicial) to be notified by the governor.
The reforms envisage setting of a Fata tribunal headed by chairman and two other members out of whom one shall be a person who has been civil servant of not less than BPS 20 having experience of tribal administration and other member shall be a person qualified to be appointed as judge of high court well conversant with Rewaj.
The FATA tribunal shall exercise power of revision against orders/judgments of appellate authority and shall have powers similar to high court under Article 199 of the Constitution.
A new section has been added for action against false prosecution in civil and criminal matters. Under it the defendant will be entitled to adequate compensation in criminal matters and compensatory costs in civil matters.
He said that no person shall be deprived of his property without adequate compensation as per prevailing market value in accordance with the procedure laid down in the Land Acquisition Act, 1894 procedure in settled areas.
For the first time the funds at the disposal of the political agent shall be audited by Auditor General of Pakistan, the spokesperson said.
Section 58-A has been added to make provision for jail inspections by FATA tribunal, appellate authority and political agent. Rules will be framed for regulating the Agency Welfare Fund.
The political reforms are expected to gradually help Pakistani government to tighten its writ through political means and purge Fata of terrorism and extremism. The observers also opined that this development might lead to creation of another province for administrative purposes.
REHAN NIAZI FALCON
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hope there would be more reforms in near future and soon FATA would be given the status of a province.
speedy work is needed to meet that challenge.........
speedy work is needed to meet that challenge.........
REHAN NIAZI FALCON
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signing ceremony...........
muse
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A great day for the people of Pakistan, all people of Pakistan --- now lets see if the JUI will resort to violence when it finds that now that people have a choice, they may not always opt for the JUI - on the other hand, the state most definitely, will want to see JUI as a popular choice, that is, till people begin asking questions as how it is that all other politicians are threatened and killed, but JUI politicians somehow never seem to be targeted, at least not successfully.
muse
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No - not officially, not legally --- The applicable law was the Frontier Crimes Regulation (since the time of the British and it is a regulation specific to the Pashtun and baloch in tribal reservations and amendable only by the President ) It may help to think of it in terms of a reservation in which the President is both supreme and unaccountable and the people's representation is to the government through agent sof the governments, instead of the people being the government .
That's why it is a great great accomplishment - but it is the first step, the whole FCR has to be trashed and Pakistani law applied to the entire territory of Pakistan.
That's why it is a great great accomplishment - but it is the first step, the whole FCR has to be trashed and Pakistani law applied to the entire territory of Pakistan.
Apart from the JUI.. one wonders what effect it would have(if any) on the traditional tribal setup?
The Jirga's... conformity to a certain group.. etc.
This might even translate as a benefit against the Taliban.. no longer will a whole family suffer for the crimes of one militant.(although that may not really be a strong point.. since the idea of revenge would take precedence).
Another big achievement is the introduction of checks and balances on political agents. Who generally had a free hand to spend taxpayer money on anything they wished.
The Jirga's... conformity to a certain group.. etc.
This might even translate as a benefit against the Taliban.. no longer will a whole family suffer for the crimes of one militant.(although that may not really be a strong point.. since the idea of revenge would take precedence).
Another big achievement is the introduction of checks and balances on political agents. Who generally had a free hand to spend taxpayer money on anything they wished.
