This brief draws substantially from an IPS Round-Table with the same title on March 16, 2017.
Introduction
A
fter decades of suffering, attributable
chiefly by a unique geographic location,
regional and global power politics,
lingering insecurity, economic backwardness,
illiteracy and political isolation, the people of
Federally Administered Tribal Areas (FATA)
finally got something promising for their peace
and prosperity in the shape of the proposed
FATA Reforms package. However, before that
promise comes to fruition, there is still a long and
intricate road to travel. The road to FATAs
happy future requires stewardship of the highest
order, given the complexity of the challenges en
route, sensitivity of the issues involved, and the
far-reaching implications of the policy options at
the disposal of the policy makers.
In order to deliberate on the various aspects of
the proposed roadmap envisaged in Report of the
Committee on FATA Reforms 2016, the Institute
of Policy Studies, Islamabad, in collaboration
with the Ministry of States and Frontier Regions
(SAFRON), organized a round table conference
in Islamabad on March 16, 2017 under the title
Implementation of FATA Reform Package:
Setting the Priorities.
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Attended by parliamentarians, civil society
activists, journalists, technocrats and
academicians, the conference focused on the way
forward with regard to the proposed
mainstreaming of FATA and highlighted
important areas, concerns, proposals for
consideration of the policy makers. Following
are the key findings and recommendations of the
conference.
Findings and Recommendations
Mainstreaming FATA is easy in the sense that
there is broad consensus among the various
The possibility of vested interests, both
domestic and foreign, sabotaging the
proposed package of reforms, cannot
be ruled out as a mere hypothesis.
stakeholders about it. However, it is also a
challenging task due to lack of unanimity about
the various steps, priorities and pace of reform.
This is quite natural, given the complicated
nature of the subject that entails political, social,
economic, constitutional, legal and security-
related dimensions, in the national, regional and
international contexts. But since FATA reforms
process has entered a new phase following the
federal cabinets endorsement of the proposed
reform package, there is even greater need for
fostering consensus among the stakeholders,
building an environment of trust, disseminating
information, as well as sequencing and
prioritizing the reform steps. In the backdrop of
a checkered history of reforms in FATA, the
possibility of vested interests, both domestic and
foreign, sabotaging the proposed package of
reforms, recently approved by the Federal
Government, cannot be ruled out as a mere
hypothesis. This is perhaps the most opportune
time for the people of FATA and Khyber
Pakhtunkhwa (KP) to frustrate these vested
interests and steer the process of integrating
FATA into mainstream Pakistani state and
society through consensus building, political
commitment and diligently structured phased
approach.
Constitutional Dimension: The first and
foremost issue in this regard is to ensure that the
reform program conforms to the constitutional
requirements. This will not only forestall the
plethora unnecessary litigation that is usually
witnessed against such momentous reform
initiatives but will also help policy-makers and
political leadership have the much-needed
commitment and confidence to move forward
with the reform program.
For instance, the President may ascertain the
views of the people of the Tribal Area concerned,
as represented in tribal jirga, before issuing an
executive order under Article 247(6) regarding
the merger of FATA with PK. The composition
of such a jirga is entirely up to the discretion of
the President, and may comprise existing
parliamentarians from FATA, Maliks/Lungi
holders, traders, journalists, political leaders and
other persons whom the President or on his
behalf the Governor KP may consider
appropriate. While issuing such an executive
instrument, the President may well rely on the
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Report of the Committee on FATA Reforms
2016. Article 48 (1), (2), (3) & (4) provide
ample scope for such an option. Concurrently,
constitutional amendments would be required to
harmonize the various provisions of the 1973
Constitution {such as Article 1(2) (c), 106, 246,
247, 51(3) (5), 59(1) etc.} following the merger
of FATA with KP under Article 247(6). These
and allied constitutional issues must to be taken
care of, and a well-wrought procedure laid down
to proceed further, eschewing constitutional
bottlenecks. These measures will substantially
alleviate the misgivings and questions being
raised by some elements about the constitutional
validity of the proposed reform package.
Institutional Mechanism: Another important
area of immediate focus is chalking out an
While issuing such an executive
instrument, the President may well
rely on the Report of the Committee
on FATA Reforms 2016.
institutional dispensation to secure the smooth
transition from FATAs existing system to a
gradual merger with KP. The key challenge in
this regard would be how best to balance and
secure the legitimate interests of the people of
both FATA and KP through such an institutional
set up during this transition period. It is
imperative not only to reasonably strengthen the
capacity of the existing institutions, with FATA
Secretariat at the center-stage, but also to
develop a smooth and efficient system of
coordination among them. Extension of the writ
of High Court and Supreme Court to the areas
now constituting FATA would be conducive to
safeguarding the fundamental rights of the
people and building their trust in the
mainstreaming process.
Reform Package has proposed a five-year
transition plan. Common perception, that
unfortunately is skeptical about governance, is
that it is a delaying approach. The context has to
be set right by understanding that there are a
number of steps in diverse fields which are
required to be taken within different time periods
as part of the reforms package. Five years
(Paragraph 41, Executive Summary, FATA
Reforms Committee Report 2016) have been
foreseen as the maximum time required to
bring about the transition; and not the
minimum as it is being perceived. Target
should therefore be achievable even within
two/three years, provided the progress is made
with all stakeholders on board.
Concurrently, it needs to be reminded that the
process of integration entails constitutional,
legal, administrative, political and economic
readjustments. The whole process, while keeping
the public confidence intact, is sure to take some
time. So, where unnecessary delay is not called
for, haste and rush too would mean further
complications.
Authentic Statistics for Resource Allocation:
The facts and figures (for instance, regarding the
population of FATA) relied upon by the
Committee on FATA Reforms for its
observations, findings and recommendations
have been questioned for accuracy and reliability
and, therefore, must be updated for greater
approximation and reliability. This matter is not
just of an academic significance: it will have
significant implications when it comes to
resource allocation at the implementation phase
of the proposed reforms, and also to the process
of fiscal equalization subsequently. The people
of FATA should get a fair deal in terms of
resource distribution in the wake of FATAs
merger with KP. Concomitantly, the people of
KP should also not feel unfairly treated in this
regard. Not only is it imperative to ensure that
the resources meant for the areas now
comprising FATA are spent on those areas but
that the government of KP is also enabled to
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cater to the additional burden on its resources
during and after the merger of FATA with KP.
This entails allocation of far greater share in the
NFC Award for FATA and KP than what is
envisaged in the package. These measures will
be instrumental in winning and maintaining the
trust and good will of the people of FATA and
KP, will be crucial for securing a win-win
outcome for both of them as a trade-off of the
merger.
Addressing Discontentment & Insecurity:
Another important issue is how best to proceed
with effective border management and durable
security arrangement, with special emphasis on
addressing the key factors responsible for the
ongoing insecurity.
Moreover, the grievances and sense of
frustration prevailing among the local populace
due to the collateral damage and hardships
caused by the military operation must be
adequately addressed to transform a sense of
inhibition and despondency into a lasting sense
of ownership, commitment and contentment.
Winning hearts is indeed difficult but it is most
critical to the success of the proposed reform and
mainstreaming, especially following a sustained
military operation with its obvious consequences
This entails allocation of far
greater share in the NFC Award for
FATA and KP than what is envisaged
in the package.
for the common man.
Local Government elections should be held at
the earliest, and at least 30% of the allocated
resources spent through local bodies, to provide
early harvest benefits to the common man.
Rewaj Act: The promulgation of Rewaj Act
should cater to the aspirations of the people as it
seeks legitimacy from the fact that tribal Jirgas
have demanded continuation of the local Rewaj
system for dispute settlement and for
maintaining social fabric. Yet there may be fault-
lines between the Rewaj and the constitution,
particularly with regard to human rights. For
instance, it is apprehended that women may
remain alienated under the Rewaj system. Again,
there are fears that the Rewaj Act may be a
replica of the FCR, perpetuating the discrepancy
Maintaining status quo is
simply not an option anymore.
Reforms should neither be too abrupt
to cause social and administrative
disruption nor too lethargic to allow
the spoilers, derail the whole process
of reforms.
and misuse of authority by the civil
administration. After all, what people of FATA
needs is not old wines in new bottles, as they say,
but a justice system that is modern enough in
substance yet attuned to the local socio-cultural
milieu and traditions at the same time. To
address these concerns and to reduce the trust
deficit and ambiguities, it will be very useful to
make the draft Rewaj Act public for debate
before its promulgation. At the minimum,
involvement of the peoples representative in the
drafting and processing of the Rewaj Act would
lend greater sense of ownership among the
people of FATA for the proposed Act. Indeed,
such an active involvement of the people of
FATA is sine qua non for all major policy
initiatives and administrative measures during
the process of FATAs mainstreaming program.
Distribution of Powers: The mechanism of
distribution of powers between the Governor and
the Chief Minister, or the Federal Government
and the province of Khyber Pakhtunkhwa in the
reform process is still not clear enough. This
vagueness should not retard the process and the
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tug of war between the two governments. Roles
and responsibilities should not only be clearly
spelled out but also equitably distributed for
smooth and successful implementation of the
reforms package.
Sustained Political Will: Lastly, but perhaps
most importantly, the need for sustained political
will for and durable commitment to FATAs
reform package can hardly be exaggerated. As
election 2018 is drawing closer, the possibility of
FATAs reform getting overlooked, or even
substantially compromised, cannot be ruled out.
More seriously, in the absence of a
constitutionally or legally binding instrument,
there is no guarantee that the next government
may carry forward the process of reform in the
same spirit and with the same speed. Nothing
would be more unfortunate for the dwellers of
FATA and KP. Such an eventuality would be no
less dangerous for the peace and stability of the
region as well. This necessitates that the
prevailing consensus and commitment to
To address these concerns and
to reduce the trust deficit and
ambiguities, it will be very useful to
make the draft Rewaj Act public for
debate before its promulgation.
FATAs reforms package is consolidated and
protected through an Act of Parliament on the
pattern of The Fiscal Responsibility and Debt
Limitation Act, 2005.
Conclusion
Notwithstanding the enormity and complexity of
the task, FATAs reform is of immense
importance, not just to the people of FATA but
also for the future of Pakistan. Maintaining status
quo is simply not an option anymore. Reforms
should neither be too abrupt to cause social and
administrative disruption nor too lethargic to
allow the spoilers, derail the whole process of
reforms.
If the promise given to the people of FATA is not
translated into action on ground, the resulting
frustration would be disastrous. The people of
FATA want and deserve a better future through
a multi-pronged comprehensive reform program.
However, since the government of KP will also
have an important role to play, its concerns,
legitimate interests and input must be taken care
of in the whole process. That, however, needs
political, institutional, and financial support from
the power corridors. A series of initiatives,
including those envisaged in the Report of the
Committee on FATA Reforms 2016 and
highlighted in the preceding lines, is
indispensable to help the people of FATA see
their dream for a happier and prosperous
tomorrow come true. Moreover, while the people
of FATA and KP are the frontline stakeholders,
the matter should be treated as an important
move for strengthening of national integrity and
consolidation so it should not be overshadowed
by political differences and vested interests.

Prepared by an IPS Task Force | For queries: Mairaj-ul-Hamid, Asst. Research Coordinator,
mairaj@ips.net.pk | w w w . i p s . o r g . p k

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