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Sunday April 28, 2024

Fata: revive the Malik system

The manner in which matters are being conducted in the country in general and Fata in particular, wi

By Ayaz Wazir
October 31, 2013
The manner in which matters are being conducted in the country in general and Fata in particular, with regard to the security situation, is not encouraging with the government moving at a snail's pace to tackle it. It is now exactly one month and twenty days since the APC adopted the resolution calling for negotiations with the Taliban to resolve the long outstanding problem of militancy.
The PM’s recent visit to Washington may have set the tone for getting bilateral relations on an even keel but has certainly not helped in tackling the core issues which led to militancy in the first instance. The US position on the question of drone strikes remains unchanged.
The general perception is that the outcome of the visit was not as encouraging as was expected. The only positive achievement is the correction of our perennial expectation about seeking solutions to every problem from Washington. It seems to have been made crystal clear to us that we need to set our own house in order first before asking others to take any action beneficial to us. If this lesson has been learnt, the visit stands paid for.
The menace of militancy started soon after we embraced a war which was not ours and inducted the army in Fata against the commitments to the people of that area. The subsequent military operations and US drone strikes further compounded the problem and forced millions of people to become internally displaced persons within their own country. Had the people there been made stakeholders, the problem could have been easily contained within that region and then eliminated without letting it spill over into the rest of the country.
Even now the course of events can be checked and put on the right track, but only with the help and cooperation of the people of Fata. The solution to this problem is not as difficult as portrayed by arm-chair analysts. One only needs to understand tribal dynamics. In Fata the normal laws of the land do not operate thanks to the political parties who made Article 247 (b) a part of the constitution.
Since the colonial days matters in Fata used to be resolved through the FCR by political agents and the tribal Malik system which was set aside with the arrival of the army on the stage. The vacuum thus created was filled by the Taliban who appointed commanders in each tribe to deal in a ‘befitting manner’ with anyone not obeying their instructions.
The government turned a blind eye, and even cooperated with them, handing over culprits to them for punishment. This weakened the established system, accepted by all, and sent a clear message to all to accept the change in the power structure. Because of this the Taliban became stronger while the political agents/Maliks were gradually reduced to being almost non-entities in real terms.
For all its faults, the political agent system was somehow working and that is what the people there were used to for so long. It can easily be revived, with little effort, for restoration of peace in that region and once that objective has been achieved the system (political agent) could be and should be changed in accordance with the wishes of the people. Nothing should be imposed on the people without proper consultation or else the result would not be different from what happened to the area after 9/11.
For reversing the situation it would be prudent on the part of the prime minister to select his team of negotiators (jirga) from Fata through the system existing there. He must ensure that proper representation is given to all the major tribes in the area and the government need not nominate its members but leave it to the tribes to do so in accordance with their own established traditions. A mechanism for that already exists in the tribal system of governance.
The total number of jirga members should not exceed three from each tribal agency, and once the tribes nominate that jirga it should then be entrusted with the job of mediation between the government and the Taliban. Their job should only be to facilitate and prepare the ground for meetings between representatives of the two sides. Involvement of people other than the tribesmen, especially the agencies, to mediate will only further complicate the problem.
Another important factor to be borne in mind while dealing with matters relating to Fata is the size of any particular area and the numerical strength of the tribes there. Waziristan (south and north) makes up more than half of the total area of Fata and the combined strength of the two tribes – the Wazirs and the Mehsuds – is larger than any other tribe in the area.
The punch line is that the militancy started there and today it is headed by commanders from that area. These areas should be given the lead role in dealing with the matter. These are important facts that have to be kept in mind while making efforts for successful conduct of negotiations. Or else it will prove to be another exercise in futility.
The writer is a former ambassador.
Email: waziruk@hotmail.com