The Committee on FATA Reforms, 2016 has recommended that the Federally Administered Tribal Areas (FATA) should be merged in Khyber Pakhtunkhwa. It also underscored the need for replacing Frontier Crimes Regulation (FCR) with a new "Tribal Areas Rewaj Act". Adviser to Prime Minister on Foreign Affairs Sartaj Aziz on Friday expressed these views while presenting a report of the Committee on FATA Reforms, 2016 in the National Assembly.
Explaining the salient features of the report, Sartaj Aziz said that comprehensive proposals have been prepared by the committee formed by the Prime Minister to address the problems of the FATA people. He said the report was prepared after holding detailed consultations with all the stakeholders including elected representatives of FATA, tribal elders, traders, journalists and civil society members of the area.
He said the committee recommended that the FATA should be emerged in Khyber-Pakhtunkhwa as creation of new province is difficult. Minister for States and Frontier Regions Abdul Qadir Baloch said that the FATA would be emerged in KP during 10 years. He said that in the first five years TDPs (Temporarily Dislocated Persons) will be fully rehabilitated and in the second phase mega development projects will be executed in the area.
He said that local bodies' elections in Fata have been proposed and these would now be held in next year. The members of all opposition parties welcomed the reforms and said that this process should be expedited.
According to the Report, "the committee has proposed critical reforms in the FATA for its mainstreaming that is best achieved by its integration with Khyber Pakhtunkhwa, since there are already good social, cultural, economic and administrative linkages between both. There is strong support amongst influential tribesmen for joining Khyber Pakhtunkhwa, which has thus led the major political parties to favour integration that is of foundational significance for the whole country, and the international community. The committee has proposed a 5-year transition period, ensuring that the role of the Political Administration remains central to this effort so that the tribes are enabled to interact positively in the reform process by continuing to function under their prevailing Rewaj and Jirgas.
a) Rehabilitation and Reconstruction The target date for return of TDPs is proposed to be December, 31 2016 and all activities under the reconstruction phase must be completed before the end of 2018. There would be a requirement for seamless co-ordination between all the concerned including Ministry of SAFRON, FATA Secretariat, Ministry of Finance, Ministry of Planning, Development and Reform, the Army formations and Frontier Works Organisation (FWO) and National Logistics Cell (NLC). FATA Sustainable Return and Rehabilitation Strategy 2015-16 should be synchronised with the above timelines.
Foreign donors will be encouraged and facilitated to contribute to the process by making available technical assistance as well as financial resources for the reconstruction plan. While the rehabilitation and reconstruction of infrastructure, including communications, power transmission lines, water supply schemes, education and health facilities should be undertaken by the public sector agencies, the repair or rebuilding of private houses and commercial facilities should be undertaken by the local people themselves.
(b) Socio-Economic Development of FATA A Special Committee of high level experts and officials should be formed under the Governor Khyber Pakhtunkhwa, to prioritise preparation of a 10-year Comprehensive Development Plan for FATA before the end of 2016.
The 10-year Development Plan should include major infrastructure and irrigation projects, mineral development program and integrated plans for health, education, vocational training and establishment of industrial zones with special incentives. A major aim of this 10-year plan will be to reduce substantially the gaps in development and per capita indicators between Khyber Pakhtunkhwa and FATA.
The NFC should make allocation of 3% of the available resources in the federal divisible pool (Rs 90 billion) on annual basis for the implementation of the 10-year Development Plan. This will be in addition to the existing annual PSDP allocation of Rs 21 billion.
An important component of the new Development Plan would be the concept of social transformation of FATA by encouraging urbanisation through setting up modern urban hubs in all agency headquarters and other important trading centres. 30% of the allocation in the 10-year plan should be channelled through the elected local bodies.
A position of Chief Executive (BPS-22) may be created under the Governor to assume responsibility for implementation of the 10-year Development Plan.
A Governor's Advisory Council consisting of all FATA Senators and MNAs may be set up to assist the Governor in carrying out development and administrative functions.
The approving powers of FATA Development Committee may be enhanced from the present Rs 400 million to Rs 2 billion and that of FDWP from Rs 200 million to Rs l billion. All posts in FATA should be upgraded and brought at par with Khyber Pakhtunkhwa.
Connectivity of FATA with CPEC should be ensured at suitable locations. State Bank of Pakistan (SBP) should encourage establishment of more branches of banks in FATA with special incentives for private banks. Allocation for BISP, Bait-ul-MaaI and microfinance schemes in FATA should be increased.
(c) Elected Local Bodies for FATA- 2017 Once the rehabilitation phase is completed, party based local bodies elections should be held in FATA before end of 2017. This would require promulgation of FATA Local Government Regulation, which should be promulgated by the Federal Government within three months. All other formalities eg updating the electoral rolls, finalising the constituencies, rules and regulations should be completed by the first quarter of 2017. A separate unit for FATA may be created in the Election Commission office, Peshawar for this purpose.
Auditor General of Pakistan should ensure that development funds and all other expenditures of local bodies in FATA are properly audited to ensure efficient utilisation, and if this requires capacity building the same should be encouraged.
Permit/Rahdari system for exports from and imports into FATA should be abolished to eliminate large scale corruption and bring down prices of essential items in FATA. Correspondingly, necessary funds should be provided in the budget for operational expenditure of the political administration.
(d) Legal Reforms The FCR should be repealed and a new "Tribal Areas Rewaj Act" be enacted. The "Jirga" system should be retained for both civil and criminal matters, whereby the Judge will appoint a Council of Elders to decide factual issues in accordance with Rewaj and will pass a decree in accordance with its findings in a civil reference or pass an order in accordance with its findings and applicable law in a criminal reference.
The new Act should be introduced in phases in such Agencies or their parts where it is convenient and it may be so notified. The enforcement of the law should be in stages. Jurisdiction of the Supreme Court of Pakistan and the Peshawar High Court should be extended to FATA.
The Committee has proposed retention of Jirga system in the Civil and Criminal Justice system of FATA for the reason that its repeal would be resisted and will destabilise the social order which is undesirable. Moreover, with certain changes in procedures, the Jirga process could start resembling the "jury system" which is acceptable internationally. Simultaneously, any legal instrument, which incorporates 'Rewaj' as part of the judicial process, must ensure that it's not in conflict with the fundamental rights as well as other substantive laws administered in Khyber Pakhtunkhwa.
(e) Capacity Building of LEAs The Levies should be reorganised for performing agency police functions. They should have standard uniform and basic training. Levies should receive in-service and specialised training with the assistance of Army / FC / Police. Surveillance and management of border with Afghanistan should be improved. Capacity building of FC should be undertaken and additional new wings of FC may be created for border management.
(f) Land Settlement Land settlement should be undertaken by using modern technology to create Geographic Information System (GIS) based computerised individual record of rights as adopted by Punjab.
(g) Implementation Mechanism A Cabinet Level Committee including Governor Khyber Pakhtunkhwa, Minister SAFRON, Minister Law, National Security Advisor, Secretary SAFRON (as secretary) and a representative of Army would review the progress of reforms. A special Directorate of Transition and Reforms will be established at the FATA Secretariat level to plan, design and implement various segments of the reforms.
Quarterly review meetings may be held by the Prime Minister in the presence of the Cabinet Level Committee and other stakeholders. A Reform Unit should be established in the Ministry of SAFRON to oversee the entire process and also provide policy support to the Cabinet Level Committee. A small Reform Unit would also be necessary at each Agency to facilitate on the ground implementation.