In Federally Administered Tribal Areas (FATA), a no-go zone even for many members of parliament, a new indigenous movement called the Pushtun Tahaffuz Movement (PTM) gave voice to the muted turbulence of Pushtun spirit as never before. “Not development but peace and human rights, an end to using our land for dubious strategic purposes, end to enforced disappearances and Guantanamo bay type prisons” is what they seemed to demand. The power of logic, simplicity and sincerity is irresistible.
The slow-paced FATA reforms process over the past decades suddenly gained speed and momentum. The hitherto stilled voices for rights, merger and reforms seemed to be heard.
On Friday, May 18, not the cabinet or the parliament - where the issue had been under discussion in the past - but the National Security Committee decided to merge FATA with the Khyber Pakhtunkhwa province.
A few days later, on May 22, the cabinet meeting dutifully decided to prepare a constitutional amendment bill in the light of this decision.
The next morning, on May 23, a summary was moved by the Ministry of States and Frontier Regions through the Law Division to then prime minister Shahid Khaqan Abbasi. “A Constitutional amendment to the effect has also been finalised,” it stated among other things.
The very next day on May 24, the Constitutional Amendment Bill indeed was tabled in the National Assembly and also passed with just one vote more than the required two third needed. Less than a week later the term of the National Assembly itself expired.
On May 25, the Senate also passed it with just two more votes than the required for two thirds majority.
As it involved change in boundaries of KP, it was mandatory that the provincial assembly also passed it. So, two days later, on Sunday May 27, the KP assembly also passed the law. It was the last act of the assembly on a Sunday as its five-year term ended the next day.
A look at the verbatim of the proceedings of federal and provincial legislatures will show that there were no deliberations. Muted objections by some lone rangers were summarily dismissed.
Finally, the president assented on May 31.
It was generally surmised that the civil-military bureaucratic complex was behind this speed. What was the craft behind the speed was not clear though.
This is not to question the need or wisdom of reforms in FATA and its merger with KP. The declared merger is a culmination of a decades-old struggle and must be welcomed. However, it might be useful to unveil the craft to warn against the pitfalls that lie ahead.
Was this sudden change of heart and the hurry only to deflect the growing pressure from the tribal youth and not to usher in true reforms and freedoms of tribal people? Is that goal still a distant dream? There is a serpent of doubt that bites the soul.
With the May 23 summary to the PM was also attached a draft regulation the FATA Interim Governance Regulation, 2018 “in order to provide for system of administration, maintenance of peace and good governance in FATA,” as was noted in the summary.
The summary presented a rosy picture of the new regulation. Deputy commissioners and not colonial era political agents will be administrative heads of tribal districts which will no longer be agencies.
A judge will be appointed in every district. The aggrieved will have the right of appeal before the high court. Over 100 laws already in force in other parts of the country now applied to these areas. All provisions of Code of Criminal Procedure, 1898 regarding security and provision also applied to FATA, it stated.
Shahid Khaqan Abbasi promptly approved the summary and sent it to the president for signatures who signed it into law just before he was divested of powers to issue any regulation in respect of tribal areas.
“Hail merger, hail reforms! Down with FCR! Down with colonial relics!” everyone seemed to chant.
The merger has been linked to regulation and amending the regulation made almost impossible. How?
During merger deliberations it had been agreed that the regulation replacing FCR can be repealed or amended anytime by the provincial assembly of KP.
However, this inherent right of the provincial assembly has been taken away from it. Clause 52 (2) of the regulation states, “ The provisions of this Regulation shall remain in force until complete merger of FATA with KP and thereafter it shall continue to remain in force until altered, repealed or amended by an Act of the provincial assembly of Khyber Pakhtunkhwa.”
A merger of this nature is not something that happens in an instant. It is not like switching on and off a light bulb. It is a continuous process. A ‘complete merger’ automatically entails extending all laws to the merged areas, setting up judicial offices including benches of high court, establishing duly empowered local governments, transforming levies into police force and so on. It is endless.
Furthermore, the provisions of the regulation have been made applicable only in those tribal areas which are duly notified by the governor representing the federal government. Just by withholding notification by the federal government in respect of any one village or tehsil in the merged areas and the merger is not complete. Incomplete merger and the provincial assembly unable to amend or repeal.
Welcome new to the new provincial assembly of KP. In April next year, it should have new members from the erstwhile FATA. Wake up and watch out to make FATA merger a reality!
The writer is a former senator and member of Defence and Human Rights Committees of the Senate of Pakistan