Fata vacuum

The merger of the former Fata with Khyber Pakhtunkhwa was supposed to finally bring rule of law and equal rights to the people of the tribal areas. Constitutional protections would replace the archaic Frontier Crimes Regulation and jirgas would be replaced by regular courts. The reality has turned out to be much messier. Even though civil courts have now become functional in the former Fata – with district and sessions judges, senior civil judges and additional district and sessions judges posted to the area – the lack of physical facilities including court buildings and chambers for lawyers means that anyone who seeks access to the courts has to travel to the nearest district in the settled areas. The government has said this will take two to four months but with the cost expected to run into the billions of rupees and the merger itself beset by inertia, it could be longer still before the court system is up and running in the former tribal areas. What could take even longer is convincing those who would reap the spoils in the old system from adjusting to the new reality. The concept of collective justice worked to the benefit of those who had power and influence, mainly the heads of tribes. They will not give up their power easily, as illustrated by a couple of recent property disputes.

Three houses owned by journalist Hafeez Wazir and his family in Wana were burned down by tribesmen of the Khojal Khel Wazirs because he had sold his property to different tribesmen. The dispute stemmed from claims by the Khojal Khel tribal elders that there was an agreement within the tribe that property would not be sold to other tribes. Now, the local administration is seeking a resolution to the dispute – not through the law but within the tribes themselves. Another incident in South Waziristan saw property being burned in a tribal dispute and yet again no action has been taken, with another committee of tribal elders formed to resolve the matter.

The problem right now is the vacuum created by the transfer of power. In theory, the police and courts should have sole power to enforce the law. But right now there is no system in place to lodge FIRs and arrest the accused. Tribal elders have no incentive to willingly cede their powers to the state and the state itself seems in no hurry to ensure the writ of the law reaches the former Fata. The government has promised to spend Rs100 billion a year to develop the former Fata but even more than money what is needed is the will to take on entrenched interests. So far, that will has been lacking.