The merger of FATA with KP and its Benefits.

1. Introduction
2. A brief account of FATA.
3. Previous attempts for merger.
4. Why the need of mainstreaming of FATA arise.
5. Viability of merger instead of separate province.
a. Economic and cultural linkage of FATA’s people with attached districts of KP.
b. Economic cost is low as compared to creation of separate province.
c. Less revenues to run the affairs of province.
d. Creation of separate province would arouse demand for other provinces- Hazara, Siraiki belt,
Bahawlpur and south Punjab.
6. Reform package of merger.
a. Abolish of black law-FCR and extension of Judiciary.
b. Local bodies’ election.
c. Socio-economic development.
d. Capacity building of law enforcement agencies.
e. Improved border management.
f. Land record settlement.
g. Rehabilitation and reconstruction.
7. Benefits of FATA-KP merger.
a. Political
b. Social
c. Economical
d. Administrative
e. Improved security situation
f. Elimination of terrorism and extremism.
8. Conclusion.

History of FATA
Demographics

The total population of the Federally Administered Tribal Areas was estimated in 2000 to be
about 3,341,080 people, or roughly 2% of Pakistan's population. Only 3.1% of the population
resides in established townships.[27] It is thus the most rural administrative unit in Pakistan.
According to 2011 estimates FATA gained 62.1% population over its 1998 figures, totaling up to
4,452,913. This is the fourth-highest increase in population of any province, after that of
Balochistan, Sindh and Gilgit-Baltistan.[28] 99.1% of population speaks the Pashto language.[29]

The main tribes of the Pashtuns living in the Federally Administered Tribal Areas are Wazir,
Afridi, Mohmand, Tarkani, Mahsud, Dawar, Bettani, Sherani, Turi, Orakzai, Bangash, Shinwari,
and Safi and utmanzi..

The areas that today make up FATA were once part of the battleground, on which the great game
of imperial domination was played in the 19th century. For the British colonial administrators of
India, effective control of the region was important for the defense of their Indian possessions,
serving as a safeguard against Russian expansionism in Central Asia. It proved difficult,
however, for the colonial government to establish its writ in the tribal areas.

Colonial administrators oversaw but never fully controlled the region, through a combination of
British-appointed agents and local tribal elders. The tribal people were free to govern internal
affairs according to their tribal codes, while the colonial administration held authority over all
matters related to the security of British India in the administered areas.

Although, various tribes cooperated with the British in return for financial incentives, this
arrangement was never completely successful. Throughout the latter half of the 19th century,
British troops were involved in repeated battles with various tribes in the area. Between 1871 and
1876, the colonial administration imposed a series of laws, such as the Frontier Crimes
Regulations (FCR). These regulations prescribed special procedures for the tribal areas, distinct
from the criminal and civil laws that were in force elsewhere in British India. These regulations,
based on the idea of ‘collective territorial responsibility’, provided for dispute resolution to take
place through a jirga (council of elders). However this arrangement also proved to be ineffective
to control the region.

Frustrated in their efforts to subdue the region, the British in 1901 issued a new ‘Frontier Crimes
Regulation’ that expanded the scope of earlier regulations and awarded wide powers, including
judicial authority to administrative officials. In the same year, a new administrative unit, then
North-West Frontier Province was created by carving out parts of then Punjab province and
adding certain tribal territories to it. The province, as it was constituted at the time, included five
settled districts (Bannu, Dera Ismail Khan, Hazara, Kohat and Peshawar), and five tribal
agencies (Dir-Swat-Chitral, Khyber, Kurram, North Waziristan and South Waziristan), and was
placed under the administrative authority of a chief commissioner reporting to the Governor
General of India (Hunter et al., 1840-1900).

The institution of the Political Agent was created at this time. Each agency was administered by
a Political Agent who was vested with wide powers and provided funds to secure the loyalties of
influential elements in the area. It was also during this period that the Maliki system was
developed, to allow the colonial administration to exercise control over the tribes. Under this
system, local chiefs (Maliks) were designated as intermediaries between the members of
individual tribes and the colonial authorities, and also assisted in the implementation of
government policies.

Despite these efforts, supported by repeated military campaigns, the colonial administration
retained, what was at best, a weak hold on the area until the British quit India in 1947. Soon after
Independence, the various tribes in the region entered into an agreement with the Government of
Pakistan, pledging allegiance to the newly created state. Some 30 instruments of agreement were
subsequently signed, strengthening this arrangement. Mohmand Agency was included in FATA
in 1951, and Bajaur and Orakzai in 1973.

The agreement, signed at the time of independence, did not include political autonomy of the
tribes. The instruments of agreement, signed in 1948, granted the tribal areas a special
administrative status. Except where strategic considerations dictated, the tribal areas were
allowed to retain their semi-autonomous status, exercising administrative authority based on
tribal codes and traditional institutions. This unique system was crystallized in Pakistan’s
Constitution of 1973.

History of FATA Reforms

In November 2015, the Prime Minister set up a six member FATA Reforms Committee “to
propose a concrete way forward for the political mainstreaming of FATA areas.” At its very first
meeting on 21 November 2015, the Committee decided to carry out an in-depth study of all
previous attempts for FATA Reforms to determine why successive governments had failed in the
past six decades to introduce meaningful reforms or undertake substantial development efforts.
It soon became clear that political mainstreaming of FATA would be a very complex process
because it would also involve legal, administrative and security mainstreaming. Equally
important would be the sequencing of these reforms and their complementarity in terms of
timing and scale. Different attempts at reforms in the past 40 years, though useful, did not bring
about a fundamental mainstreaming of FATA because these elements were missing.

A brief history of FATA Reforms has been included in Chapter 2 of the Committee report. The
first serious attempt was made when Prime Minister Zulfikar Ali Bhutto formed a Committee
under General (Retd.) Naseerullah Babar which included Hafeez Pirzada, Rafi Raza and Dr
Mubashar Hassan. The aim of the committee was to create a framework so that FATA could
become a part of NWFP for general elections in March 1977. But it was decided to take up the
issue after the elections. That did not happen because of a military coup in July 1977.

The second attempt came twenty years later when, in 1996, the government extended the adult
franchise system to FATA, so that representatives from FATA could be elected to the National
Assembly by the people directly and not through selected tribal maliks. This important step did
not, however, increase self-governance, partly because of Article 247 of the Constitution and
partly because FATA was not a province or part of another province and could not, therefore,
elect its representatives to a provincial assembly, which actually elects ministers to govern the
province.

. In 2002, the Government extended Local Government Regulation to FATA and in 2004 some
Agency Councillors were nominated by the Political Agents. However, the system did not take
off because general public had no confidence in the nominated office bearers who had no
powers. In 2012, FATA Local Government Regulation 2012 was prepared to establish local
bodies in FATA. However, the Regulation was never promulgated.

Another serious attempt at FATA Reforms was made in 2006, through a special committee,
chaired by Sahibzada Imtiaz Ahmad. The focus of this report, submitted in 2006, was on
administrative reforms and resulted in the increased independence of FATA Secretariat under a
separate Additional Chief Secretary and a substantial increase in development funding for
FATA. But in the absence of major legal reforms and concentration of all powers in the hands of
political agents, there was no visible improvement in governance or development indicators. The
security situation in FATA was also very fragile at that time and the resultant destruction of
infrastructure and related facilities could not be restored by a few development projects
undertaken by the government during that period.

A Committee on legal reforms, chaired by Justice (R) Mian Mohammad Ajmal, was constituted
in 2005 “to recommend modifications in FCR after public consultation across FATA.” The
Committee recommended many important amendments in the FCR. Many of these were
accepted and implemented in 2011. The amended FCR removed some of its shortcomings but
more fundamental changes were needed to bring the judicial system in line with the rest of
Pakistan and restore the fundamental rights of the people of FATA, as equal citizens of Pakistan.

Following the introduction of Adult Franchise Act, 1996, the Political Parties Order 2002 was
also extended to FATA in 2011, to allow political parties to campaign freely in FATA. This was
an important step, but in the absence of provincial elections, its impact was limited. This step
did, however, generate greater political awareness in FATA and also intensified the demand for
fundamental reforms.

In addition to these partially successful attempts at FATA Reforms, there have been many other
studies, conferences and seminars on different aspects of FATA Reforms during the past 10
years, which provided useful inputs for the Committee’s work.
The Way Forward

During its visit to all the seven FATA Agencies, the Committee met not only jirgas of tribal
elders and maliks but also representatives of political parties, civil society, traders and
journalists. The Committee concluded fairly early in these deliberations that FATA could no
longer be retained as a “buffer against foreign aggression.” It must be fully integrated with
Pakistan and basic legal reforms introduced to restore peoples’ fundamental rights. At the same
time, extraordinary efforts would be required to accelerate development of FATA to bring it at
par with the rest of Pakistan. That led to the key recommendation that 3% of gross divisible pool
i.e. Rs. 90-100 billion should be allocated every year for the next 10 years, to finance a
comprehensive socio-economic development plan for FATA.

The Committee also carefully examined the option of a separate province for FATA but
concluded that it was not a feasible option. The Agencies are closely connected with the
adjoining districts but not with each other. Similarly, the economic and cultural links between the
Agencies and districts are fully strong but not among the FATA agencies. In addition, FATA
does not have the financial resources or the administrative capacity to manage a separate
province. The merger of FATA with KPK, the Committee concluded, was the only viable option
for mainstreaming FATA.

The next important issue was the timing of the merger option. FATA had to be prepared for the
merger. As a minimum, the rehabilitation and reconstruction in North Waziristan, South
Waziristan and Orakzai had to be completed.

Moreover, the task of extending the provincial boundary right up to the international border with
Afghanistan would be a major strategic undertaking and would require a careful realignment of
the security infrastructure and recruitment and training of additional FC personnel for the
Frontier Corps and the levies.

In addition, an inter-provincial consensus will be required to allocate 3% of the divisible pool to

finance the proposed 10-year development plan for FATA.

Considering all these factors, the Committee recommended that the merger of FATA with KPK
will require a transition period of about 5 years. Meanwhile, local bodies elections can be held in
FATA and the possibility of enabling the people of FATA to elect their representatives to the
KPK Assembly in 2018 could be examined.

The demand for abolishing the FCR, a legacy of the colonial era, was widespread and virtually
unanimous. But many tribal elders wanted their traditional Rewaj system of justice through jirgas
to continue because of the court system in Pakistan, they said, was “time-consuming, expensive
and corrupt.” The Committee tried to balance these viewpoints by proposing a blended judicial
system. The FCR will be abolished and the jurisdiction of Supreme Court and High Court
extended to FATA. But the traditional Rewaj System retained as a local dispute resolution
mechanism. The criticism that the proposed Rewaj Act would continue the FCR in another
forum is not correct because FCR would be abolished and the jurisdiction of courts will be
extended. Within this system, this Act will allow parties, if they so wish, to ask the Agency
Judge (not the political agent) to appoint a jirga, whose decision will be appealable. In addition,
the new law will also ensure that the Rewaj System is consistent with fundamental rights laid
down in the Constitution.

Under Article 247(vi) of the Constitution, “the President may at any time direct that the whole or
any part of the Tribal Area shall cease to be tribal area, provided that before making any order
under the clause, the President shall ascertain the views of the people of the Tribal Areas
concerned, as represented in Tribal Jirga”. The Committee has fulfilled this requirement by
holding jirgas in all the 7 Agencies and consulted about 3000 tribal maliks and elders. In
addition, the Committee received over 29,000 comments on the hotline of Ministry of SAFRON
and most of them supported the merger of FATA with KPK and abolition of FCR.

Despite this extensive process of consultations, there are demands from certain quarters for a
referendum on the future of FATA. Given Pakistan’s unpleasant experience with referendums in
the past, this option was not considered politically advisable.

The jubilation, with which the news of the Government’s decision of 2nd March has been
received in FATA, further reinforces the Committee’s conclusion that these reforms would be
widely welcomed by the majority of the people of FATA. After all, the main objective of these
reforms is a much-needed improvement in the lives of the people of FATA.

If the recommendations of the Committee chaired by Gen (R) Naseerullah Babar to merge FATA
with KPK (then called NWFP) had been implemented in 1976, FATA would not have become
“the most dangerous area in the world”, as former US President George Bush called it. Similar
views were expressed by General David Patraeus, US Commander of ISAF.

In conclusion, it must be emphasised that the implementation of these reforms may not be
smooth or easy because, apart from the inherent complexity of this multi-dimensional process,
there are strong vested interests, which would like the status quo in FATA to continue. But
history will not forgive us if we lose this historic opportunity to mainstream FATA.

Current Developments of the Merger

Rs24.5bn separate development plan for tribal districts

The Khyber Pakhtunkhwa cabinet on separately approved annual development programme

carrying total outlay of Rs24.5 billion for the seven districts of the erstwhile Federally
Administered Tribal Areas (Fata).

This is for the first time that the provincial cabinet approved ADP for the newly-merged districts.
Before merger the ADP for the former Fata was presented to the provincial governor who served
as chief executive and an agent to the president for the tribal borderlands for approval.

Pakistan Muslim League-N government in the centre had allocated ADP for the year 2018-19 in
May last. The civil secretariat which still oversees financial and administrative affairs in the
seven merged tribal districts had prepared ADP and made sector wise allocations.

Around 10 per cent of the ADP would be utilised through Fata Development Authority while the
remaining 90 per cent would be spent in different sectors through five departments and its
attached directorates.

Fata ADP had prioritised construction of small dams, technical education for skilled
development, industrialisation and mineral development. According to the statement, Chief
Minister Mahmood Khan who chaired the cabinet meeting stressed on the expeditious
development of different sectors for efficient services in tribal districts.

Finance Minister Taimur Jhagra in his budget speech said that the provincial assembly would
prepare next budget for the whole province including seven tribal districts. He said that merger
of tribal districts with KP had political significance after integration of East and West Germany.
He said consultation between the provincial and federal governments regarding transformation of
resources and long-term plan for social and economic development of the these districts would
be executed along with building offices, courts and police stations.

In the wake of 25th Amendment in the constitution the government has planned to hold elections
in seven tribal districts for the KP Assembly as well as local bodies. Presently people of these
districts have no representation in the provincial assembly.

The federal government on 3 per cent share of FATA in the NFC Award, a special committee
headed by the KP chief minister had also been constituted for the execution of a 10-year plan of
development work in the merged areas.

The federal government had also approved an allocation of Rs1.1 billion in the budget for
providing “Sehat Sahulat Cards” to the poor people of FATA under the Prime Minister’s
National Health Programme, it was informed.

An annual development programme 2018-19 for FATA already approved, a notification

regarding five-year tax exemption in the tribal areas has also been issued.

The work on delimitation of constituencies in the merged areas was also in progress and would
be completed by December this year.

Rejecting the proposal to keep the Fata secretariat and the post of the additional chief secretary
(Fata) intact, the Khyber Pakhtunkhwa cabinet on Thursday decided to form a seven-member
committee to finalise plans for the ‘financial and administrative integration’ of the merged areas
into the province.

Cabinet also approved the KP Digital Policy, amendment to the police rules, and amendments to
the KP Public Procurement Regulatory Authority Act, 2012.

KP government envisages the establishment of courts by the end of this year and holding of
Local Government (LG) elections in these districts like rest of the province on June 30.

However, all subsidies, current payments, development budget and other grants would continue
until the next National Finance Commission (NFC) award is finalised.

Under the Law and Order theme of the plan, the secretary State and Frontier Regions
(SAFRON), secretary Home and Inspector General of Police (IGP) KP would ensure filling of
2,200 vacant posts of Levies by March 31. By the end of June they would hire at least 6,000
police officials for various positions and all the Levies personnel would be trained in accordance
with police standards.

The IGP KP and secretary Home would also develop a sequential implementable strategy to
extend policing to merged districts and induct deputy superintendents of police (DSPs),
inspectors and sub-inspectors from the erstwhile tribal areas.

The Local Government Department would functionalise 16 existing and new municipal
corporations in the tribal districts by providing basic equipment and vehicles and filling staff
vacancies by March end. It would immediately complete the pre-delimitation work for local
government elections in the tribal districts.

The ‘Storey da Pakhtunkhwa’ scholarship programme for top board position holders would also
be introduced in the tribal districts by the end of June.Among other actions in the sports and
education sectors, 500,000 families would get Sehat Insaf Card in the tribal districts by the end
of the current month.

The FATA merger: Challenges

The fact that an outgoing assembly passed a piece of legislation at the eleventh hour is in itself
undemocratic, as far as, the spirit of democracy is concerned

Both the National Assembly and the Senate have finally passed the FATA Reforms Bill, and as
soon as the President signs it, FATA will be merged with Khyber Pakhtunkhwa province. This is
a welcome move for there should never be two different systems of governance or justice in a
country. The extension of the Pakistani constitution with full effect to FATA is something we
should all be glad about.

The policy of treating these tribal areas as a separate entity and the draconian FCR law that holds
all the people of a tribe responsible for the crime of one was wrong from the beginning. The very
idea of supporting the status quo, whether in FATA, GB or in the former states of Bahawalpur,
Swat, Makran, and Kalat was undemocratic, whatever the political requirements of the time
might have been. Thus, Congress’s stance on merging the princely states with the Indian republic
or all such entities was absolutely correct and democratic.

At the same time, however, it must be noted that this hasty merger will divide opinion. The fact
that only 2 FATA MNAs out of a total of 9 voted in favour of the bill would itself have stood in
gross violation of the spirit of the constitution had the other 7 voted against the bill. The others,
however, chose to abstain.

All of us also remember Jinnah’s 14 points. The 8th point read, “No bill or resolution or any part
thereof shall be passed in any legislature or any other elected body if three fourths of the
members of any community in that particular body oppose it as being injurious to the interests of
that community or in the alternative.”

Although the point particularly mentions ‘oppose it’, the spirit is that more than twenty five
percent of the members of ‘all communities’, especially the one that will directly be impacted by
the bill under discussion, should vote in favour. Not that the constitution considers FATA as a
separate ‘community’ in the sense that Jinnah meant it, the important fact is that the people of
FATA are to be directly affected by this merger.

As it stands, more than three-fourths of the representatives of that particular community have
abstained from voting. This is alright if the ‘letter’ is all that we are concerned with, but it is not
alright if we wish to adhere to the ‘spirit’ as well.

Similarly, the fact that an outgoing assembly passed a piece of legislation at the eleventh hour is
in itself undemocratic, as far as, the spirit of democracy is concerned. None of the political
parties had contested the 2013 election on the platform of merging FATA with KP. Thus, it
would have been better if the issue had been left to the coming assemblies with a fresh mandate
on the subject in a few months’ time.

Moreover, the FCR is not going anywhere. Only the law’s name has been changed while the
practice will continue. To make matters even worse, Parliament will be dissolved on May 31,
which leaves no space for a political debate on the subject for the next two months
Despite all these reservations, the bill is still at least a beginning. The change in the name of the
FCR is a clear indication that at least there exists a realisation on the part of the ruling class that
it is an unpopular law, and a bitter memory of our colonial past.

Maulana Fazl ur-Rehman too has a point when he says that the people of FATA should in the
first phase be extended political rights, and be provided with education and other basic facilities.
After that, a referendum held in the next five to ten years with a politically aware population
would result in a more representative opinion of the people of FATA.

The problem with this argument however is that we are assuming that education will bring
political awareness and that it does not exist already. This stapling of political intellect with
education is the fallacy that most dictators have banked on to dodge the question of democracy.

Then there is the viewpoint of Pakhtunkhwa-Milli Awami Party (Pk-MAP) of Mehmood Khan
Achakzai. It remains unclear what exactly their argument is. I have tried to learn but failed to
comprehend it. They are opposed to the merger, that is for sure, but what are they in favour of? I
have so far not been able to hear it directly from them.

Do they want a separate province? They have not stated this demand as yet. Do they want to
continue with FATA’s status as a federally administered tribal entity? They have not stated this
either. Does it have something to do with the Durand Line? We do not know. They have to come
out with their opinions. Their opposition to the merger, so far, has been mere opposition, and
nothing else.

As far as Afghanistan’s opposition to the merger is concerned, it does not merit a serious
response. It is high time that the Afghans get over their ‘Pakhtunistan’ hangover. Afghanistan
has failed to get its own act together for over a quarter of a century, and yet they have the
audacity to lay claim over something they never owned. Their obstinacy is remarkable.

Olaf Caroe was the last British governor of the erstwhile North West Frontier Province in
undivided India. The situation, moreover, has only worsened in Afghanistan since he wrote his
iconic history of the Pakhtun people, ‘The Pathans’, in 1957. Here is a piece of advice from the
British statesman, ‘a Yousufzai at heart’, that Afghanistan must pay attention to:

“For one thing, the Pathans, and not only those in the districts, have now learned to look
unmistakably to the east for education, service and all the higher things of life; the social,
economic and political ideas of the Durranis have become to them an anachronism. For them,
Kabul irredentism is empty of meaning; political amalgamation, should it ever come, would take
a very different shape. Peshawar would absorb Kabul, not Kabul Peshawar.”

FATA’s merger with K-P — challenges, opportunities

Pakistan’s legislative houses have successfully scrapped the century-old draconian laws
governing Fata. Before the Fata-K-P merger the Frontier Crimes Regulations, devised by the
British, was enforced to maintain law and order in the region. In the post-independence scenario,
the exclusive identity of these tribal areas was retained and later protected under Articles 246-
247 of the Constitution of 1973. However, such a development could not contribute to the
welfare of the local people. Additionally the proxy wars post-1979 and the war against terrorism
in the region has worsened Fata’s socioeconomic conditions.

The present merger is a major development in the history of Pakistan. However, passing of the
law to merge Fata with K-P is one step and implementing it is another. There is a lot of
opportunities waiting for the people of Fata, the benefits of which can be harvested if the
challenges beyond the merger are handled carefully. Here is a brief of those opportunities and
challenges:

The K-P Assembly will get 23 more seats after the merger. This will increase the role of the
province in the national level decision-making and the bargaining power in terms of resource
allocation.

Socioeconomic development of areas merged with K-P will create thousands of jobs in the field
of education, health, water supply schemes, power supply, mineral development programmes
and citizen losses compensation programme.

The establishment of industrial zones with special incentives will attract investors from every
part of the country, which will also create technical and managerial jobs. Linking these areas
with CPEC will gain the attention of investors from China and other countries and regions such
as Russia and Central Asia.

There can be mainly two challenges related to post Fata-K-P merger scenario. First, the US
drone strikes will create a new situation for the civil-military establishment of Pakistan. The
people of K-P may demand strong action against such strikes, remember that the Peshawar High
Court had already declared drone strikes illegal in 2013.

The second challenge will be the India and Afghanistan supported insurgency. Both countries
have been already found involved in terrorist activities in Pakistan, particularly in K-P and
Balochistan. Since the merger is against the wishes of the government and people of Afghanistan
due to their claim over the northern areas of Pakistan, a new wave of Indo-Afghan sponsored
terrorism is likely to emerge.

There is a great need to work unanimously to achieve the objectives of the Fata-K-P merger.
This merger if carefully monitored and kept un-politicised will have long-lasting positive
impacts on the life of local people, including Pakistan’s economy.

The Fata merger: The Challanges

Merger versus mainstreaming

This is where the complexity lies. The reforms plan recommends electing parliamentarians from
Fata to the KP assembly during the 2018 election, thus, effectuating the merger with KP in the
duration of a year. Further, without actually giving control to KP, it calls for mainstreaming the
region “after five years”. For its part, the KP government insists that after an amendment to the
Constitution, it should be allowed to decide the pace and course of the transition process leading
to a seamless merger.

Administrative complexity

KP and Fata are congenital twins with different body functions. KP has a defined constitutional,
legal and administrative system, albeit somewhat weakened by decades of frequent tweaking, not
to mention the reign of militancy, which has not only diluted executive authority but also
undermined the latter.

However, Fata ruled directly by the federal government through executive powers invested in the
president, has its own administrative system, largely unaccountable, a system that resembles
fiefdoms with individual political agents. How these two entities can be merged into one
coherent administrative body would be achievable with the revamping of the administrative and
legal systems.

Additionally, the status of Fata employees, governed by different rules, including those serving
under a presidential order, must be looked into. This would require the extension and assertion of
state authority, along with revising the administrative structure to bring it in sync with the one
prevalent in KP.

The recommended plan provides for the creation of 20,000 levies force posts to perform
police functions in the tribal areas. But it fails to provide any timelines as well as budget
commitments.

Political and electoral integration

By far the most pressing challenge, legislation for electoral integration is yet to be made.
Recommendations include representation from the tribal region in the KP assembly in the 2018
elections. That said, the government would need to wait for the outcome of the national
population census — resulting in the delimitation of national and provincial assemblies’
constituencies, including those in Fata — before going ahead with electoral integration.

The tricky part is how this will be achieved. How can Fata remain within the ambit of Federally
Administered Tribal Areas and still be able to elect representatives to the KP assembly without
the executive authority of the (KP) province actually extending to those areas? What impact will
this have on representation in the provincial assembly, the National Assembly and the Senate?

Other than having Fata representatives in its provincial assembly, KP will have no control over
the political and administrative affairs of Fata. This is an anomaly that would need to be
overcome through amendments in Article 1, Article 59 and Article 106 of the Constitution. But
so far there is no indication of that happening.

Constitutional anomaly

Possibly the most mind-boggling issue is how to keep Fata under the federal government’s
administrative control during the five-year merger plan while allowing it to elect representatives
to the provincial assembly, thus effectively paving the way for the final merger with the chief
minister of KP having no executive authority over the tribal region during the transition period.

These are inter-contradictory terms. Critics have warned that any attempt to convert Fata into a
Provincially Administered Tribal Areas (Pata) would be risky given KP’s history of struggling to
mainstream its own Pata. Short of a full merger, there should be no other option. This, of course,
cannot be done when all other key elements required — including administrative, judicial and
security infrastructures — are not in place.

Resources allocation and development

The proposed plan envisages a three per cent allocation from the National Finance Commission,
while the federal government would continue to foot the bill for the Annual Development
Programme for ten years. The plan provides for a committee headed by the governor of KP and
constituting parliamentarians from KP and Fata.
The role of the KP government, which will eventually own and inherit the entire 27,200
kilometre area comprising the tribal regions, has been left undefined. At present, the KP
government believes that the Fata Secretariat and Fata Development Authority do not have the
capacity to undertake this gigantic task and that the entire matter needs re-examination.

Local bodies’ elections

KP wants party-based elections in Fata before the end of 2017 under the Local Bodies Act so
that the provincial government can synchronise the entire system. The system proposed by the
federal government is different. The cabinet has decided to hold the local bodies’ elections after
the 2018 election, and under a different system.

Security

The recommended plan provides for the creation of 20,000 levies force posts to perform police
functions in the tribal areas. But it fails to provide any timelines as well as budget commitments.
KP wants these personnel be integrated into the provincial police force in the future.

Directorate of transition and reforms

One of most critical recommendations involves the establishment of a dedicated unit for
implementation. Instead of a temporary organisation overseeing the integration process, the KP
government wants to lead.

Although there is general agreement among the KP government and the federation on the course
and broad contours of the reform agenda, the disagreement is only on the timeframe and certain
issues pertaining to legislation and administrative measures.

Complex as this transition plan may appear, it is by no means unfeasible provided there is
political will and determination to see the process through to its end. But many ardent supporters
of the merger suspect Mr Sharif lacks the enthusiasm for it.

History, they say, repeats itself. Given its association with militancy and perception as the
badlands in the northwest, history will not forgive us if we fail to seize this opportunity. And,
with time running out, we may not have the same opportunity again.

Education Challenges and Current situation of Education

Only one-fifth of the girls enrolled in public sector schools in seven districts of the erstwhile
Federally Administered Tribal Areas (Fata) continue their education from preparatory class till
Class V, as overall 73 per cent students — 69pc boys and 79pc girls — quit schools during the
early years of education, an official report of government educational institutions in the region
bordering Afghanistan shows.

Situation at the middle and secondary school levels is also very discouraging as dropout rate of
girls at these stages is 50pc, according to the 102-page statistical report compiled by the
Education Management Information System (EMIS), directorate of education of newly merged
tribal districts.

The dropout rate in the militancy-affected North Waziristan district is 63pc (73pc among girls),
which is the highest among the seven districts, but the report does not highlight reasons behind
the high dropout rate.
North Waziristan has the highest dropout rate

The tribal districts have 5,890 schools in the public sector with a total enrolment of 677,157
students. While current budget for education is Rs12 billion and Rs5 billion development budget
including grant-in-aid, the official study portrays a bleak picture of the state of education in the
public sector schools with most of the schools in the districts lying without electricity, drinking
water facility and toilets. Only 43pc schools have electricity, 45.2pc have drinking water facility,
45pc have toilets and 70pc schools have boundary walls, the EMIS study indicates.

The report, which is yet to be made public, suggests that the number of teachers in public sector
educational institutions in these districts is on the decline and there is acute shortage of teachers.
Total number of teachers in schools was 20,709 in 2009-10 which has reduced to 18,621 in
2017-18.

“There is shortage of teachers and other technical staff in tribal districts due to slow recruitment
process,” said an official dealing with the education sector in the area.

The official said nearly 5,000 seats of teachers and technical staff (lab assistants) in the schools
had been lying vacant with an unofficial ban on the recruitment of teachers in the former Fata.
The directorate of education had requested the federal government many a time to fill these posts
and provide fresh staff without success.

According to the report, the total number of sanctioned posts of teachers at the primary, middle
and secondary levels is 22,030 but the existing strength of teachers is 18,621. It shows that
student-teacher ratio is 1/59 at the primary school level.

As the EMIS study does not highlight reasons behind high dropout rate where literacy rate is
claimed to be 33.3pc (49.7pc among male and 12.7pc among female), officials concerned said
the prime reason of the dropout at primary level was “non-qualified and outdated” teachers who
could not teach new syllabus designed by the Khyber Pakhtunkhwa Textbook Board.

“Officials at different forums blame the high dropout rate on militancy, insecurity and
displacement to justify their argument. But these are lame excuses and basic reasons are
unqualified teachers and overcrowded classrooms,” the official said.

The KP government had introduced all textbooks in English for primary level in public sector
schools. These textbooks were also introduced in schools in former Fata. Teachers in tribal belt
are unable to follow new teaching methods and textbooks.

“Majority of the teachers like me cannot understand newly introduced textbooks. I feel
suffocation because we can’t teach these new textbooks and waiting for retirement,” said a
female teacher from a tribal district.

The provincial government had fixed teacher-students ratio at 1/40, with six teachers and six
classrooms for primary schools. On the contrary, primary schools still have two rooms and one
veranda and no criterion was being followed for the teacher-students ratio.

“Unfortunately, it seems tribal districts are still passing through the 1940s as over 100 students
are taught in two small rooms by two teachers. The government should introduce national level
policy of 1/40 teacher-student ratio,” said the official.

Officials said that insurgency and military operations took heavy toll on the education sector in
the tribal belt. Over 1,500 schools were destroyed during the last one decade. A large number of
teachers had retired and the government did not fill vacant posts that created a big gap. On the
other hand, schools were not provided allied facilities.

Health Issues in FATA:

The Khyber Pakhtunkhwa government has merged the directorate of health services of erstwhile
Fata into the provincial health department.

There were 979 health facilities in the tribal districts. The area has 8,796 health employees
including 108 posts of specialist doctors but 84 of those are vacant. Fifty posts of women
medical officers and about 200 of lady health workers and nurses are also unfilled in the tribal
districts.

After the merger of Fata with the province, the number of districts in KP would reach 32. All
districts would come under the health department where a monitoring a devaluation system
exists.

Health department was under tremendous pressure to stat activities in tribal districts with regard
to immunisation, anti-dengue fever campaign, anti-measles drive and mother and child
programme because of poor health indicators there.

According to Assistant Director Health, Fata Secretariat, about 2.6 million patients were treated
in different health facilities in Fata during the past year. Similarly, about 6000 patients were
operated upon in these hospitals.

Fifty thousand patients were admitted in government hospitals in Fata during the previous year.
About 400,000 clinical tests were also done in these hospitals.

About 80 hospitals in Fata were affected due to militancy. Out of these, 80 percent have been
rehabilitated. Besides, the headquarter hospitals have been upgraded

Potential benefits of FATA-KP merger

About 5 million inhabitants of Fata will soon be given democracy, respect, the fundamental
rights enshrined in the Constitution, the right to get rid of the alienating title of “elaqa ghair”, and
the right to call themselves Pakistanis proper. It marks freedom from the black law that is FCR.

There were provisions in FCR that simply did not belong to this age and time: basic human
rights such as right to appeal, right to legal representation and right to present reasoned evidence
were not available; the clause of collective punishment under which any member of the tribal
area is held responsible for a crime committed by his relative, spouse, family member or any
other person from the same tribe and area; the political agent or his deputies enjoy unchecked
executive and judicial powers; all the members of a village are considered responsible for a
murder if a dead body is found in their village. FCR was a plethora of abominations, unfolding
clause after clause. It was an outdated, anti-democratic and discriminatory law that reeked of
colonialism.

FCR was designed to serve the interests of the ruling British and to keep the volatile Pashtun
community in check. KP got rid of it in 1956, Baluchistan, Malakand and Dir were released from
its clutches in 1973. Fatawas the last swathe of tribal land to be freed from the dreaded code.
Such laws have no place in a modern state that respects its citizens. It is a pleasant development
that those at the helm have decided to do away with this relic of the past and a bold step has been
taken towards embracing Fata into the mainstream.

Article 247 of the Constitution excludes the tribal areas from the jurisdiction of the Supreme
Court and High Court. Fundamental rights in the Constitution extend to the whole of Pakistan
and that includes Fata but these rights are enforced through courts and the courts had no
jurisdiction over there, hence the residents of the restive land are practically devoid of their
fundamental rights.

Implementation of FATA reforms and mainstreaming of the region will extend the jurisdiction of
the higher judiciary and the lost dignity of the people of the region shall be restored – at least,
that is what we hope.

There are still many roadblocks till the reforms realise their objectives. FCR has been replaced
by the Tribal Areas Riwaj Act but some stakeholder are already raising alarm that Riwaj is FCR
repackaged. They demand full extension of the 1973 Constitution to the region – a legitimate and
just demand.

Riwaj Act is also a discriminatory law and reforms could not fully achieve their objective unless
the colonial-era law is fully abolished and the supreme law of the land enacted in the entire land
including the north-western tribal belt. While the efforts of the government to respect the local
laws, riwaj and customs of the land is praiseworthy but it should be noted that it’s still a
discriminatory law and the tribal society must be weaned out of it by the process of education
and imparting awareness.

Economic experts believe that merging FATA with the KP will also bring economic benefits for
the region as well as for the country. FCR had helped the expansion of undocumented economy
in FATA and the whole area was known for smuggling and drug trafficking. There was no
growth of industrialization, as land was owned collectively and no land settlements had ever
taken place. Gradual taxation should be introduced in FATA and the revenues be used for
development. Establishment of Chamber of Commerce and industry is also in order. The
decision to merge Fata with Pakistan proper is an undeniable success that must not be lost in the
implementation phase. The political will to reform must be stronger than the desire of some
political elites to maintain the status quo.

Not only will the merger provide political and legal rights to FATA’s people but it will also
elevate the developmental scale in the agencies and frontier areas. Political representatives will
have access to the provincial assembly where they can raise the voice for infrastructural
development, literacy issues, health care concerns etc. It is high time the government
implemented this merger. The people of FATA have suffered enough.

Under the proposed merger FATA would be provided Rs 100 billion per annum for the next ten
years as against the current Rs. 25 billion to bring this area as well as the people at par with other
areas of the country in terms of education, health, infrastructure and other facilities.

The revenue loss of FATA due to abolition of “Rahdari Tax” would be compensated through the
provision of additional funds by the federal government.

Motorway from Peshawar to Kabul would be constructed, connecting Pakistan with the Central
Asian States.
The jurisdiction of the Supreme Court of Pakistan and Peshawar High Court (PHC) has already
been extended to the tribal region. The PHC has started setting up district and sessions courts in
each of the new districts.

The National Economic Council in its meeting last month already decided to have a 10-year
development plan worth Rs1 trillion for the new districts.

The CPEC Project: What does it mean for FATA?

In theory, the advantages of the CPEC and its related projects could be manifold. From an
economic point of view, the FATA would have a unique chance to receive significant
amount of foreign capital. In other words, the CPEC comes at a time when there is a surge of
major investments in Pakistan and in the FATA in particular. Through the integration of FATA
into the CPEC and the successful implementation of the respective projects, the tribal areas can
hope to improve their infrastructure (mainly roads and railways), energy situation, and to
generate a positive spill-over effect in all other economic sectors.In this context, through
building up the specific economic zones, FATA would not only become a part of a transit route
for important commodities and raw materials, but it would also benefit from industrialisation and
from the new manufacturing hubs. These hubs could then boost FATA’s underperforming
economy and create new opportunities for entrepreneurs. In addition, the CPEC would also help
to effectively address the problem with the unemployment in the underdeveloped region. There
is no doubt that the above mentioned economic opportunities would significantly influence the
whole spectrum of the political and social life in the region. One may expect that both
improvement of the relations between the FATA and other provinces and regions, together with
better centre-state relations could possibly be achieved in future. Plus, a successful
implementation of the CPEC would also improve the capacities of the central (civilian)
government and its credibility among the local habitants. These two potential factors could
effectively contribute to strengthen the governance of the FATA region. All this could
potentially lead to a new international status and better regional standing of Pakistan based on
the emergence of a ‘new economic self-confidence’. What is more, the Pakistani security
establishment could also reassess its relationship with its neighbours, due to which the bilateral
ties could be much improved in the future. Against this backdrop, FATA would certainly benefit
from stronger economic and political cooperation with Afghanistan too. In addition, opening up
of the CPEC towards India would boost India-Afghan trade via FATA. Last but not least, the
extraordinary growth predictions will generate positive results for the common people. In this
context, there is a great hope that the subsequent improvement of the living conditions would
also help to eliminate the political radicalisation, Islamisation, militancy, and jihadism. Briefly
speaking, the CPEC might also help with the eradication of the terrorism in Pakistan. However,
the realities look quite different.

Economic Development Priorities: Recommendations

The FATA people deserve peace, security, and prosperity for themselves and their coming
generations. Integrating the tribal areas into mainstream Pakistan and expanding the benefits of
economic development, including creating job opportunities and easy access to public education
and health care facilities, would be the best means of achieving these goals. An economic uplift
program to repair the damage from conflict and reduce poverty in the region is crucial.
Something akin to a domestic Pakistani version of the famous Marshall Plan will be needed.
Pakistan has to follow that kind of approach. Money allocated to FATA from the Pakistani
exchequer or by foreign governments and donor agencies will also need vigilant audit and
accountability, with auditors granted unrestricted access to the area for monitoring and oversight.
Some priorities for development initiatives include the following:
 Development reforms should focus on creating job opportunities for FATA residents. In
particular, the development of industry would be an important step toward creating jobs for the
tribal youth. The FATA people have demonstrated success in trade and transportation; this
capacity could be augmented by providing entrepreneurship training and more business
opportunities.

 Since FATA is basically a rural tribal society with just a few small towns serving as the
headquarters of each tribal agency, efforts should be made to develop urban centers to
function as hubs for economic activities, ultimately offering all the basic civic amenities
and services near the tribespeople, including hospitals, colleges and universities for boys
and girls, commercial centers, bus terminals, and so forth.
 FATA lacks communications and transportation infrastructure to interconnect its far-
flung areas with each other. There is no single highway linking all seven tribal districts.
Therefore, communications networks should be improved to connect all parts of FATA
with each other and the rest of the country.
 Geological surveys have identified reserves of such economically valuable minerals as
copper, coal, limestone, chromite, lead, barite, soapstone, gypsum, marble, dolomite,
emerald, and manganese in many parts of FATA.86 These sources of useful minerals
have not been properly explored, in part because of the government’s disregard of the
region and in part because of ongoing violence and militancy. These natural resources
can be exploited for the betterment of the region and its people.
 Some parts of FATA could be developed into agricultural zones. In Waziristan, for
example, pine nuts are the main source of income for thousands of families, and this
market, if properly developed, could play a greater role in the local economy.
 The government should adopt stricter measures in filling job quotas for the FATA people
in governmental and semigovernmental organizations so that only those candidates who
are reliably living inside FATA are considered.
 Measure may be taken to win the confidence of the people. Speedy developmental
activities on priority bases would play an important role in this regard.
 The existing administrative set up created by the British to serve their interests needs a
change. A possible model of administrative set up similar to that prevailing in the settled
districts of NWFP is recommended for gradual adoption.

 FATA should be given representation in NWFP Provisional Assembly as per the reforms
package of 2002.

 Reform package of 2002, may be instituted with full spirit. Agency Government may be
instituted by District Government as in settled areas.

 The participation of a common man from FATA in Democratic process will play an
effective role in the area.

 The Frontier Crime Regulations may be abolished and new laws as in rest of the Pakistan
may be introduced.

 Ordinary laws should act side by side with the existing Jirga system in the area.

 Allocation of funds for FATA should be inline with other Districts of the NWFP.

 Old Agricultural methods may be replaced with Modern Technology by provision of

grants and interest free loans.
 Continuous efforts for peace through dialogues may be opted by ignoring smaller wrongs
in the area.