FATA HISTORY AND RECENT UPRISING

Intro 1. Historically, Afghanistan was a buffer state b/w British India and former

USSR while Federally Administered Tribal Area (FATA) was a further buffer b/w Afghanistan and settled areas of British India and then with Pakistan. This gave a unique status to FATA for the last 61 years. Geographically, FATA is a narrow tract of land 600 kms long and 130 kms at its widest, encompassing an area of 27,220 square kms. It lies b/w the north western Himalayan zone and the south western chain of the Sulaiman mtns. It has a population of 3.5 million, which is 2.6% of Pakistans total population. To the East is the North West Frontier Province (NWFP) and to its North West is turbulent Afghanistan. Beyond Afghanistan lie the geo-strat and economically imp Central Asian Republics. The erstwhile gateway to the South Asian sub-continent is now the gateway to the economic highway of the new millennium. It comprises seven agencies namely Bajaur, Mohmand, Khyber, Orakzai, Kurram and North and South Waziristan; along with six frontier regions namely Frontier Region (FR) Peshawar, Kohat, Bannu, Lakki, Tank and D.I Khan. To this category are added nine Provincially Administered Tribal Area (PATA) namely Kohistan, Chitral, Upper and Lower Dir, Buner, Shangla, Swat, Malakand and Kala Dhaka. 2. Even after 61 years, the tribal areas remain isolated from mainstream

national politics. As a result of this isolation, in part owing to strong tribal possessiveness and partly owing to vested bureaucratic interests, the area and the people remain severely backwards. This has not only led to under dev but has provided safe haven to criminals and their highly undesirable activities. Notwithstanding their role during the Independence Movement of Pakistan, the area has remained as a semi autonomous territory with almost no writ of the govt and the territory as hub for all socio-eco evils. But after the tumultuous events of 9/11, these areas became flashpt of the global war against terrorism. The US invasion of Afghanistan pushed all militants to these areas and eventually Pak

govt had to undertake IS ops in these areas to cleanse it off the militants taking refuge in the areas. This op was code-named Al-Mizan which means The Scale. 3. Geography. FATA is one of the most sensitive areas of Pak. It

stretches from northwest to southwest of NWFP b/w the Durand Line (i.e. Paks border with Afghanistan) and the distts of NWFP. The region stretches nearly 230 km from Bajaur Agency to South Waziristan. It is approx 27,220 sq kms (forms about 3% of the territory of Pak) with a porous border of 450 kms with Afghanistan. The mtn ranges are gen 1500 to 3500 m above mean sea lvl. Administratively, FATA has two types of divs:a. Pol Agencies (1) Bajaur Agency. The area of Bajur is 590 sq miles and its population is 3, 64,050. It was created as an agency on 1 Dec 1973 with HQ at Khar. The main tribes are Utman Khel and Tarkani of which the maj sec are Mahmund and Salar Zia. (2) Mohmand Agency. Mohmand Agency has an area

of 887 sq miles of territory and its population is 3, 82,922. The Agency was created in 1951 before which the Mohmand tribes were adm by the DC Peshawar. Until 1973 the HQ of the Mohmand Agency remained in Peshawar and was subsequently mov to Ekkagund. The permanent agency HQ is at Ghalanai, deep in the Mohmand agency. Apart from the Mohmand tribe the agency contains the Safis who, because of their association with the Mohmand, are often called Safi Mohmand. These tribes live on both sides of the border. The agency is extremely backward as most of the area has

remained under dev even after opening up in 1973. The second biggest smuggling activity in FATA takes place here. (3) Khyber Agency Khyber Agency being the oldest in

FATA was estb in 1878. It has a population of 3, 77,001 and an area of 991 sq miles. The agency HQ is in Peshawar in winter when the tribes migrate to comparatively warmer Khajuri Plains, just beyond the Bara market town (five miles from Peshawar). The summer HQ is in Landi Kotal on the intl border. Jamrud is loc at the mouth of the Khyber Pass about ten miles from Peshawar. A Sikh fort that looks like a battleship still dominates the Jamurd area. The Kuki Khel Afridis live here. Ali Masjid (Hazrat Ali, the Son-in-law of the Holy Prophet is said to have prayed here) is the highest pt and key to the pass. The Tahtarra ranges dominate the entire pass and are clearly visible from Peshawar. Afridis, Mullagoris (Mohmand), Shilmanis and Shinwaris are living in this area. (4) Orakzai Agency. Orakzai Agency has a population of 2, 78,951 and an area of almost 700 sq miles. The agency started functioning on 1 Dec 1973. Previously, Orakzai tribes were part of Kohat and Hangu FR. Agency HQ is temporarily at Hangu, in Kohat District, but land has been acquired in Orakzai Tirah for the agency HQ in the Kalaya Valley. The valley is flanked by mtn range b/w 600 to 700 ft high. The four maj non-Orakzai tribes, the Ali Khel, Mullah Khel, Mishti and Sheikhan have now amalgamated themselves in Orakzai. (5) Kurram Agency. Kurram Agency is the most dev agency of FATA. It has a population of 2,80,234 and area of 1,305

sq miles with the HQ at Parachinar. It was occupied in 1892 by the British, at the invitation of the Turi (Ahl-i-Tashi) tribe who feared aggression by the neighboring Sunnis. The Mangals (Sunnis) and Toris (Shias) are maj tribes of the area. FR in contrast, remained closed until 1974 and as a result Para Chamkani, Massozai, Ali Sherzai and Zia Musht, totaling over of the agency population, have lagged behind in dev. Parachinar has grown into a bustling little market town. (6) North Waziristan Agency (NWA). The North Waziristan

Agency covers an area of 1,817 sq miles. It has a population of 2,50,663 of which the Wazir tribes acct for about 1,60,000. The agency HQs is at Miran Shah. Area east of Datta Khel and Shawal Valley has recently been opened by the Army. Even in British times these areas remained inaccessible and were the centre of activity of Faqir of Ippi in early 20 th century. The North Waziristan Wazirs are Utmanzai of which maj sec are Wali Khel, Momit Khel and Ibrahim Khel. Certain imp loc / comcen are Mir Ali, Datta Khel, Alwara Mandi, Gulam Khan and Razmak. (7) South Waziristan Agency (SWA). The South Waziristan Agency has a population of 3,07,514 and an area of 2,556 sq miles, Wana is the summer HQ of the PA. The winter HQ of the agency is at Tank, in Dera Ismail Khan District, which is mostly owned by Mahsuds. Three qtrs of the population are Mahsuds, the remaining qtr, Wazirs. There is inter-tribal b/w Mahsuds and Wazirs. There is a maj influence of religious ldrs, former Ts and foreign fighters (FFs) within the agency. Previously the area was centre for Mujahideen activities and later the Talibaan mov. Currently this char has

led to an insurgency like sit in sp of FFs who have made it their base of activities. b. Frontier Regions (1) (2) (3) (4) (5) (6) 4. Climate. Peshawar. Kohat. Bannu. D I Khan. Tank. Lakki Marwat. The territory has an extreme climate. The weather is very

hot esp in the lower valleys during the summer and extremely cold and snow bound in winter. The area receives good monsoon rains in Jul / Aug. The gorges and valleys are prone to flash floods. It is sizzling hot and sultry in the plains to extreme cold in the snow-clad mtns. In winters, the area receives average snowfall from 1 ft to 9.5 ft. 5. Genealogy and Chars of Maj Tribes a. Tribes. are:(1) (2) (3) Yousafzais in Malakand and Bajaur Agency. Mohmands in Mohmand Agency. Afridis and Shinwaris in Khyber Agency, Peshawar and Kohat. There are a no of tribes but the more famous ones

(4) (5) (6) (7) (8) b.

Orakzais in Orakzai Agency. Turis and Bangash in Kurram Agency. Khattaks in east and southeast of Kohat. Wazirs in North Waziristan Agency. Mahsuds in South Waziristan Agency.

Chars of the Wazirs and Mahsuds (1) Mahsuds. By nature Mahsuds are intelligent, sharp and

social. They are highly innovative, industrious, ardent and clever. They have been equated with wolves and highly praised for their bravery, cunning nature and perseverance by British. Apart from these qualities, they possess str affinity to their cultural norms and are valiant fighters. They possess prominent statesmanship qualities and are very adept in negotiating skills. During British era they enjoyed a relationship of love and hate with British Army. However, they are more fin str and educated while few Mahsuds held prominent posn in mil and civ hierarchy. Small segments of Mahsud tribe have also got settled in Karachi and Peshawar. (2) Wazirs. Traditionally Wazirs enjoyed acrimonious

relationship with British and in retaliation were kept backwards and deprived of dev. Wazirs are ferocious fighters who possess good shooting abilities. They are semi nomadic in nature and have less dependence upon cultivation and trading. They are skilful in aprc and expert use of gr coupled with excellence in GW. By nature Wazir is

a loner like leopard who is sharp, agile and exceptional in fighting skills. c. Salient Attributes of Tribal Society. Tribesmen are brave,

impulsive and warm hearted people. They can be implacable en if someone violates their code of honour. Salients of tribal psyche are:(1) Hardy Race. Tribesmen are a hardy race, brought

up in an atmosphere of hereditary blood feuds. They are expert in the art of self preservation. (2) Initiative. They possess a great deg of initiative and are

very quick to take adv of any sign of hesitation, indecision or weakness of the oppn. (3) Expert in GW. The tribesmen are expert of GW. They

are usually able to watch every mov made by tps. Accurate int about their mov is hard to get and consequently, it is difficult to achieve surprise against them. (4) Bluff / Cunningness. Bluff is prominent char of people

living in FATA. This makes them appear more formidable than they really are to those who are not acquainted with their char. They have a profound reverence for personification of power or brute force, and become loyal and devoted followers of those whom they believe to be their superiors. (5) Ambushes / Raids. Traditionally, the tribal are master of minor tac that incl raids and ambushes. They do not mind / obj to mastering themselves in heinous crimes of kidnapping, looting and plundering.

(6)

Possession of Wpns

Tribesmen consider themselves

as free people and propagate rt of keeping arms and ammo. However, this has more to do with their sense of insecurity where each per / tribe is on its own to protect itself. These incl hy cal wpns like mor, 12.7 and 14.5 mm guns, rkts and even fd arty. To purchase these wpns and their ammo, money is collected by tribe based on sys of Nikkat. (7) Smuggling. Maliks over the yrs, due to patronage of PA, have become extremely rich, while common pers still lives in poverty. Civic amenities like elec, water supply and med facilities etc are restd to few maj cities and towns. There is no industry in the area which could offer alternative livelihood to the people. Thus, tribesmen consider smuggling as a legitimate business activity and call it Tijarat. 6. Customs and Psyche (PAKHTUNWALI) a. Customs. Social interaction is heavily influenced and governed

by a strict tribal code called Pakhtunwali, characterized by Pat comradeship, Shegara doing good to others, Toora - bravery, Wafa fidelity to the word and cause and Nang honour. The society is also very particular about Melmestia hospitality and Badal taking revenge. Unable to live by Pakhtunwali gen invites str social reaction and invokes shame at collective and indl lvls. Wpns are carried as an indispensable pers belonging. The area is awash with hy weaponry used by tribes in inter / intra-tribal wars. Such weaponry and ord is owned by the tribe and is called Quomi Aslihah. b. Psyche

(1)

The traditional code of conduct and customs are commonly known as Riwaj. In reality, Islam and Pakhtunwali regulate their life as they compliment each other. However, in case of a conflict b/w Islam and Pakhtunwali, Pakhtunwali would prevail over the religion. Perpetuation of blood feud and revenge - badal; as against forgiveness (enunciated by Islam), prac of usury, and willful refusal to incl female members in the fathers inheritance are some cases in pt. A Pashto proverb sums it up very well; Pakhtuns believe half Quran and half Pakhtunwali.

(2)

Sharia as a basis of law is not viewed as essential to Pukhtun life. It is taken as a code of conduct and faith, standing outside the Pukhtun tribal context.

(3)

Though divided b/w themselves in sub-sub tribes and clans, the tribesmen have the propensity to rally up against outsiders instantly when threatened.

(4)

The vacuum created by assassination of Maliks has been filled by the new power elite, i.e. the Talibaan.

(5)

Traditionally, Jirga sys is used to arbitrarily settle all disputes. Where req, decision of the Jirga is exec through the QAUMI LASHKAR.

(6)

Lands belong to the tribe or QAUM and trespassing by other tribe or QAUM is prohibited.

(7)

Affiliations of tribesmen with people living across the intl border, coupled with easement rts enjoyed by them, make con of cross - border mov very difficult.

(8)

Possession and carrying of pers wpn is considered as an undeniable rt of every tribesman.

(9)

Taliban movement caught the imagination of the tribal youth due to their latent admiration or yearning for Islam.

7.

Adm Sys and FCR a. Adm Sys in FATA (1) FATA Secretariat. FATA Secretariat was estb in the Year 2000 concentrating all dtes of line depts, secs of P&D and fin dept under one roof. The Federal Govt, through SAFRON and Governors Secretariat, makes alcn of funds for the agencies which are utilized by FATA Secretariat. (2) Political Agents (PAs). The pol agent (PA) was an innovation of the British in India. Today the seven federally administered tribal agencies are adm by a PA who combines adm, judicial and diplomatic roles. He has at his disposal, a whole array of benefits apart from Khasadars and Frontier Corps (FC). Out line org of PAs office is given below:(3) Maliks and Lungi Holders (a) Malik. Each tribe has its traditional elders

who rep their tribe, resolve their issues and enjoy respect in tribal community and govt hierarchy. These elders are known as Maliks. They receive govt allce and the stipend is known as Maliki Allce, which is hereditary. The govt carries out official business with tribes through Maliks.

(b)

Lungi Holder.

Lungis (turbans) are awarded to

some loyal and influential pers for rendering services to the Govt and they are known as Lungi Holders. Lungis also receive some monetary benefits. (c) There are a total of 3,616 Maliks and 3,441 Lungi Holders in FATA and Frontier Regions. (4) Nikkat Sys. Nikkat is derived from Russian noun, Nikka, which means grandfather. Nikkat is most imp corner stone of the tribal sys as it means the centralized con and distr of profit and loss with-in each tribe, sub-tribe, and even each family. (5) Collective Tribal and Territorial Resp. It entails

that a tribe or sub-tribe is collectively responsible for any offence / misdoing committed on its soil by its member or even an outsider, not just to the govt, but also to each other. This concept of territorial resp emerges for the fact that the entire FATA land belongs to different tribes. (6) Muajib. Yearly or half yearly fixed allces / subsidies

payable to the assured tribes are known as Muajib in tribal parlance. It guarantees continuous allegiance of the tribes to the State. (7) Khassadari / Levies. An offshoot of Maliki Sys, the

Khassadari has also played an imp role in the tribal adm sys. It ensured good conduct of the tribal for safe passage through their territory and thus came to be known as Protective Tribal Resp. Now this sys is all over FATA either in the shape of Khasadaris or Levies. Besides discharging protective territorial resp on behalf of the tribesmen, the

Khasadars / Levies also carry out police duties in maint law and order. (8) Jirga Sys and its Types. Jirga is an assy of tribal elders where disputes are taken for amicable settlement and decisions are given on the basis of Riwaj. There are three main types of jirgas i.e. Sarkari jirga nominated by PA to settle inter-tribal disputes, Qaumi jirga formed by tribe itself to settle intra-tribal issues and Shakhsi jirga requested by disputing indls themselves. b. Frontier Crime Regulations (FCR). Pol adm maint law and

order in FATA through FCR which is enforced by FC and Khasadars, placed at the disposal of political agent. The FCR 1901 excludes the technicalities of the ordinary law and recognized modern principles governing the dispensation of justice. The maj problem areas in the adm system of tribal areas are as fol:(1) (2) Absence of fin and judicial accountability of pol adm. Comb of judicial and executive functions in PA ldg to many evils. (3) Undue bureaucratic hurdles for solution of petty problems because of various bottlenecks in existing sys of adm. (4) The concept of collective and territorial resp is against basic human rts and very concept of justice. (5) Absence of judicial checks on PA and Jirga due to denial of the rt of appeal. (6) FCR advocates coercive strat rather promoting dev.

(7)

British era Closed Border Strat left the area completely neglected and FCR kept tribal backwards.

(8)

Vuln of Jirga to base decisions upon social status and pol influence.

8.

Existing Pol Sys of the FATA. a.

Some of the maj features are:-

Pol Parties. No pol parties are allowed to undertake any pol activities in FATA since intro of the 1935 Indian Act. However, the religious parties like Jamat-i-Islami (JI) and Jamiat-i-Ulemai Islam (JUI) does show some presence or hold insignificant pol influence through religious bias.

b.

Sys of Representation.

FATA used to have a restd mode of

franchise where only Maliks and Lungi holders could vote for candidates of National Assembly (NA). However, on 14 Dec 1996, the rt of universal suffrage was gtd to tribals. Presently, 12 members rep FATA in the NA whereas 8 seats are reserved in Senate.