Supporting Pata

Fata was the buffer zone during the colonial times against Russian communism. Currently it is the epicentre and theatre of terrorism. Ironically Fata, despite being the nucleus of the unrest in the country as well as being socially, economically and politically deprived, was badly ignored during the new social contract among different provinces in the shape of the 18th Amendment.
On the other hand, billions of dollars have been given to the Fata Secretariat by the international community in the name of bringing Fata into the mainstream by developing education, health and industrial infrastructure. But the area was badly ignored during the constitutional reforms – which were our version of the Magna Carta.
After being ruled under the FCR for 68 years, Fata parliamentarians have finally decided to change the status of Fata. In a statement issued by them they have demanded that Fata be made a separate province or to merge it in Khyber Pukhtunkhwa. The statement went viral on social media. It was also unexpectedly signed by almost all Fata parliamentarians. The statement was followed by the properly drafted 22nd Amendment bill, which if approved will change the status of Fata (Federally Administrated Tribal Areas) into Pata (Provincially Administrated Tribal Areas).
The bill seeks amendments in articles 1, 246 and 247 of the constitution of Islamic republic of Pakistan. The bill demands to remove the term Fata from the constitution by omitting Article 1 sub article 2 clause C of the constitution.
The bill also demands an amendment in Article 246 by adding the six FRs and seven tribal agencies to Pata in clause b and by omitting clause c of the aforesaid article.
Among the other amendments demanded in the controversial Article 247 of the constitution, the most important one is Section 5 of the article which extends the jurisdiction of the Supreme Court and high courts to the tribal areas.
The abrupt move to mainstream Fata has started a new

debate regarding the bill. Irrespective of the merits and demerits of the bill, some intellectuals have seen it as a suspicious move and have been trying to find some conspiracy in this unexpected action taken by Fata parliamentarians. Some political analysts have come with a counter to this bill; they reject the proposed amendments and demand absolute and complete mainstreaming of Fata. Some of the status-quo symbols from Fata who had always been the beneficiaries of the FCR and political administration have also jumped into the debate, and against the bill. They have started campaigning to oppose the bill with as much intensity as possible, because the bill affects their interests.
The bill has been submitted in the National Assembly and a heated debate is expected on it. Though some of the critics of the bill are of the view that it will not address the agonies of the people of Fata, I believe the bill is significant for the people of Fata. The extension of the jurisdictions of the Supreme Court and high courts will be a great achievement for the people of Fata. It will place a limit on the unlimited powers of the governor and the president as any order violating basic human rights will be subject to judicial review, and the higher judiciary can strike down any order violating basic human rights.
There is also an argument that a political agent will be replaced by a deputy commissioner in case of Pata but I believe that the situation will be extremely different. In Fata the system is run by unaccountable political agents while in Pata the DC will be the subordinate of the provincial government. The representatives of all the constituencies of Pata will be a part of the provincial setup. Whether they sit in the opposition or are a part of the government, the bureaucracy will be under the provincial government. In Pata the executive is always reluctant to take any action that results in creating a nuisance for the provincial government while the political agent in Fata has no such considerations.
With the proposed amendment the people of Fata might also get rid of the unethical and unpopular decisions of the Ministry of SAFRON which has recently categorised the Maliks of Fata. The parameters set to categorise the Maliks is that the more one has served as a facilitator between the militants and the political administration the higher will be the category awarded to him. Genuine leadership or elders who were threatened and forced to quit the area at the start of militancy in the area will be given lowest lower category according to this criteria. The proposal is under consideration and, if implemented, will create more confusion and disappointment as people ranked on the top are unpopular if they have no mass backing.
To get rid of all these decisions made by different segments of the state, the people of Fata should strongly come forward to support this bill. The step taken by Fata parliamentarians to break the status quo is highly appreciable. Irrespective of what the track record of the Fata parliamentarians has been, we should support them if they are doing something better. The current bill is also a test case for all the political parties of Pakistan who are always claiming to be the leading advocates for Fata’s rights. It is now time to prove that practically, respect the mandate of Fata parliamentarians and vote in favour of the bill.
There is no doubt that the proposed amendment will not bring about complete and absolute mainstreaming of Fata. But instead of demanding something which might not be easily attainable, we shouldn’t lose the opportunity of getting something we are on track to achieve. Let us support the bill and take the first step of getting out of the years-old regime of political agents.
The writer is a North Waziristan-based lawyer and political worker.
Email: mohsindawaryahoo.com