Fata - the presidential order

The recent presidential order regarding Senate elections for Fata and its subsequent withdrawal was a classic example of manipulation of events by the government when it comes to the tribal areas. It also showed how Islamabad is interested in the use of Fata for political and strategic purposes only and not for the welfare or economic development of the people there.
This is exactly what happened in the recently held Senate elections where those vying for a seat tried all means, fair and foul, to win but the axe fell on MNAs from Fata as if they were the only ones indulging in ‘horse trading’ and no one else. Securing a place in parliament on the strength of money is a well-known practice in our elections but how many of us have objected to it is a different matter. Why the fuss this time and that too just on members from Fata?
This is not to defend Fata’s parliamentarians – but the fact is that depriving them of voting and that also on mere accusations is not fair. Their crime, as reported, was forming a group (majority group within a house of 11) to vote for candidates of their choice. But was there anything wrong with exercising their right as a majority group? Isn’t that the essence of democracy exercised by political parties inside and out of parliament?
Was ‘horse trading’ the real issue or was something more important at stake? It is widely believed that the ruling party (government) wanted the expected senators to vote for the candidate of its choice for chairmanship of Senate whereas the six MNAs who were to elect the senators were already negotiating a deal with another political party. Once that became clear to the government it blocked their way through the infamous presidential order imposed at midnight just a few hours before polling time. And once the question of chairman of Senate was decided the said order was reversed restoring the status quo.
This is not the first time such manipulation has taken place in Fata. It began in 1948 when the FCR system, imposed by the Brits in 1901, was retained for Fata. Fata was thus made to continue being administered and all matters were managed by government servants and not public representatives. That is what made all the difference and that is what still continues at the cost of the people there. Had our policymakers taken bold steps at the time of independence and extended governance to Fata instead of administration things would have been different by now and the region would have been saved from falling into the hands of militants.
Instead of repenting for past mistakes and taking corrective measures the rulers shifted the blame for retention of FCR system on to the people of Fata. A meeting of tribal Maliks with the father of the nation in Peshawar was painted as a demand from the tribal areas for continuation of the FCR system there. This is not true but certainly very difficult to prove as they (rulers) did not leave any proof, to the best of my knowledge, as to who selected those Maliks, who arranged the meeting with the Quaid, who paid for their travelling expenses and who set the agenda for that meeting.
The fact is that the jirga that was sent to Peshawar for meeting with the Quaid was not a tribal jirga. It was a handpicked group of Maliks and the script for their meeting was drafted by political agents on which they had simply to act upon; Maliks being paid agents of political agents cannot think of deviating from the orders given to them. This is true even today when Maliks are sent for meetings with the president or his agent in the province. They do as directed by political agents.
This aspect of the so called jirga has never been highlighted and the reason seems to be simple – let the blame remain with the tribesmen so that they – and not the policymakers – are held responsible for all the wrongdoing that takes place in the tribal regions.
This is evident even from the constitution of 1973 where Fata was left alone and denied the basic human and democratic rights that are available to others in the country. Incorporation of Article 247 (7) in the constitution was the biggest injustice, a constitutional coup d’état against the interests of the people of Fata. Fata was thus taken out of parliament’s jurisdiction and handed over to the president to deal with it the way he wanted. By doing so the policymakers provided an opportunity for themselves to deal with Fata, through the president, as they wished. And asked him to issue orders as and when they needed irrespective of the desires of people there.
Article 247(7) forbids Fata from discussion in parliament and the 18th Amendment bars its people from becoming governors of that area. It says “There shall be a governor for each province, who shall be appointed by the president on the advice of the prime minister and is a registered voter and resident of the province concerned”.
Since the governor of Khyber Pakhtunkhwa happens to be an agent of the president also so he is governor for Fata as well but under the 18th Amendment residents of Fata cannot become governors as that has been reserved for residents of KP only. Can there be a bigger joke than this with the people of Fata? They can be ruled by others but cannot rule themselves.
The cumulative effect of these injustices is now starring us straight in the eye. The situation there cannot be reversed without addressing these injustices first. The government should listen to the people and benefit from their collective wisdom as that is the power that matters in Fata.
Enough damage has been caused by the government to the people by travelling on the path of destruction for so long. This needs to be corrected by involving people of that area in all matters concerning them so as to benefit from their expertise in restoring peace and tranquillity in that region.
One wonders what stops the government from asking the president to issue yet another order and empower people in Fata as they are the real stakeholders in the region. They must be associated with the governance of that area. That is how all problems can be solved and the area brought under control without further loss of life and property.
The writer is a former ambassador.
Email: waziruk@hotmail.com