FATA Governance in Pakistan

Ziad Haider, who is undertaking research in the US states this in his report. We are reproducing the summary here – the report can be accessed here.fata-report

Pakistan’s regressive and receding tribal governance system has failed to secure the tribal  peoples’ constitutional rights and the tribal belt at great domestic and international cost.  As extremist elements, including the Taliban and Al Qaeda, gain strength and launch  attacks in and beyond South Asia from the increasingly lawless and radicalized tribal  areas, the following governance reforms must be introduced to avert a swelling of jihadiranks, extend the state’s writ, and secure and mainstream these badlands: 

1. Short-Term

• Extend Political Parties Act: Political parties must be allowed to operate in the  tribal belt to bolster countervailing • Overhaul Draconian Penalties: Harsh penalties such as collective punishment and
whipping must be narrowed and rescinded.

• Deliver Speedy Justice: Timelines must be set for cases to be heard to diminish
the appeal of Taliban-style Shariah courts that dispense cheap and speedy justice.

• Expand Right to Appeal: Appeals must be heard in a timely manner by members
of the judiciary – not just a panel of bureaucrats.

• Accommodate Shariah Rulings: Both parties must have the right to opt for a
Shariah-based ruling to accommodate local sentiment.

2. Medium-Term
• Establish Local Representative Bodies: Local representative bodies must be
created to develop a culture of representativeness and accountability.

• Extend Supreme Court and High Court Jurisdiction: Jurisdiction of these courts
should be extended to hear appeals and safeguard constitutional rights.

3. Long-Term

• Create FATA Legislative Council: A Council will provide a forum to debate and
vote on reforms and liaison with the federal government on development projects.

• Conduct Referendum on FATA’s Status: The tribal people must ultimately vote on
their preferred constitutional status within the Pakistani federation.

• Shift Presidential Powers to Parliament: Presidential powers over the tribal areas
should be ceded to Parliament through a constitutional amendment.