The merger

March 2, 2017, should be remembered as a historic day in the history of the Pakistani federation. A 70-year old injustice is on its way to being rectified. On Thursday, the people of Fata came one step closer to becoming full citizens of Pakistan, with all the constitutional protections that affords, after the federal cabinet approved a series of steps to merge Fata with Khyber Pakhtunkhwa. Fata will eventually be merged with Khyber Pakhtunkhwa after a five-year process and the notorious Frontier Crimes Regulation will be abolished. Local government elections will be held in Fata after the 2018 general elections and the Supreme Court will have jurisdiction over the area. Crucially, the cabinet did not overlook the current plight of those living in Fata. The reforms package promises to repatriate all IDPs by the end of April and to continue providing special development funds to Fata. It is obvious that from the four options on the table, the government has undoubtedly chosen the best option. The formation of a new province was a clear second. The only caveat once again is the five-year timeline, with most political parties insisting the merger take place before the next elections. And what better gift could there be for the IDPs set to return to their homes after a decade and a half of warfare and have full citizenship rights for the first time?

The only dissenting note on the merger has come from the JUI-F which is vociferously opposed to the merger, likely because it fears its own vote bank in the province will be diluted. Speaking at the cabinet meeting, Prime Minister Nawaz Sharif said the people of Fata had been deprived of their fundamental rights for too long and they would finally be able to feel like a part of the country. That a prime minister was willing to acknowledge the unjust treatment meted out to Fata since 1947 was in itself unprecedented and gives hope that this time the tribal areas will finally be treated as equal stakeholders in the country. Before that comes to pass, though, there are some potential roadblocks. The reforms package approved by the cabinet says that Fata will be given three percent of the federal divisible pool. But that money will have to be approved by the National Finance Commission and there is every likelihood that none of the other provinces will want it to come out of their share of the NFC award. There is also bound to be some consternation at the fact that even though the FCR is being abolished, the cabinet has recommended it be replaced by a new law that would include elements of both regular courts and tribal jirgas. This leaves open the potential for jirgas to continue imposing collective punishment and flout the constitution. Ultimately, much will depend on implementation. Fata has been left to become a sort of backwater for the Pakistani state, which used it as a buffer zone during both Afghan wars – applying the same logic that the colonial rulers had used. On paper, the plans for the Fata merger look good. But the merger will involve much more. Entire legal systems, educational institutions and law-enforcement offices will need to be added to the rudimentary state machinery present there. Moreover, the infrastructure crippled by terrorism and the war against terrorism will need to be rebuilt. The cabinet approval is a good start but it will still take years to bring Fata to parity with the rest of the country. There is still much unfinished business in the Fata-KP merger.