Peace Talks: Who speaks for the Pakistani Pakhtuns?

Authored by Rafiullah Kakar


Criticizing the on-going peace talks with Tehreek-i-Taliban Pakistan (TTP), leader of the opposition in the Upper House Senator Aitzaz Ahsan rightly pointed out last Tuesday that the real stakeholders are not a part of the process. The veteran politician also demanded that representatives of women, shia and minorities should also be included in the government negotiation committee.

One of the many ironies confronting Pashtuns is that, despite being the main victims of terrorism, their perspective is conspicuously missing in the national and international discourse about terrorism.

Building on the concerns expressed by the Senator, I wonder if the people of Federally Administered Tribal Areas (FATA) and Khyber Pakhtunkhwa province, who have been affected the most by the erstwhile ‘Afghan Jihad’ and the current ‘War on Terror’, have a meaningful say in the so-called peace talks with the Taliban. According to data compiled by the South Asia Terrorism Portal, nearly fifty thousands have been killed in terrorist violence across the country from 2005-2014. Out of these, 31,300 casualties have occurred only in FATA and KPK. This accounts for 63% of the total fatalities, as against only 3% (1602) in Punjab during the same period. It is worth mentioning that the figure of 31,300 does not include pre-2009 data for FATA. In addition, the socio-cultural fabric of the Pakhtun society has been destroyed. More than 700 schools in Khyber Pakhtunkhwa province have been either demolished or damaged since 2007. More than 600 tribal elders have been killed, leaving behind a huge social void that is being filled by the militants. Besides, Pakhtun singers, artists and actors have either been killed or forced to flee the country. Shias and non- Muslim minorities who had been living peacefully in the Pakhtun areas for generations have been persecuted. The uniquely pluralistic outlook of Pakhtun society has been demolished.
On one hand, these figures are a shocking reminder of how Pakhtuns, after being used as fodder in a re-gional geo-strategic rivalry, were left to fend for themselves in trying to manage the ugly outcomes of an overly-ambitious Afghan policy. On the other hand, these figures are also a sharp riposte to those who equate Pakhtuns with the Taliban. One of the many ironies confronting Pashtuns is that, despite being the main victims of terrorism, their perspective is conspicuously missing in the national and international discourse about terrorism. Many of the so-called Af-Pak region experts are out of touch with the complex socio-cultural dynamics of Pakhtun society and, therefore, have fostered a stereotypical understanding of the Pakhun society. For instance, there are some distinguished scholars and politicians who would lead one to believe that Taliban represent a tribal Pakhtun resistance movement. There are still others who, perceiving secular Pashtun nationalism to be breathing its last, argue that Pashtun Islamists are gradually absorbing Pashtun ethnic grievances and are becoming the torch-bearers of Pashtun nationalism. Finally, there are those who preposterously trace the radicalization of Pashtun society to what they perceive as the inherently “violence-prone” nature of Pashtun culture.

Pakhtun youth is frustrated by the fact that while the pluralist and progressive voices have been stifled, the radical voices have always found more willing/sympathetic ears in the media, academia and policy-making circles.

In reality, religion has never had much political significance in the Pashtun society, though it has had some social relevance. In contrast, ethnicity, tribalism and Pakhtunwali have historically played a more promi-nent role in shaping the Pakhtun political discourse. This partially explains why the freedom struggle for Pakistan with its heavy Islamic overtones could not significantly fascinate the Pakhtuns. Similarly in the post-colonial Pakistan, the Pakhtuns, concerned about their distinct cultural identity, expressed their un-ease with the over-arching Islamic nationalism of the State and strived for achieving cultural recognition in a more inclusive national narrative. Things began to deteriorate when the State began making concerted efforts to ‘politicize’ religious militancy and exploit Pakhtunwali for achieving its perceived strategic inter-ests. The subsequent tale of the Afghan Jihad and ‘Strategic Depth’ policy is too well-known to merit repetition. Not surprisingly, state patronage of a militant discourse in the Pakhtun land continued even after the chickens started coming home to roost.
Coming back to the on-going peace talks, I cannot agree more with Aitzaz Ahsan when he commented that ‘Taliban are negotiating with the Taliban’. One really wonders if the negotiators are even thinking about considering the Pakhtun perspective. Critics may ask if Pakhtuns are a politically homogenous group. The answer is, of course not. Broadly speaking, they are divided between the left-leaning nationalists and the right-wing Islamists. However, Pakhtun youth is frustrated by the fact that while the pluralist and progressive voices have been stifled, the radical voices have always found more willing/sympathetic ears in the media, academia and policy-making circles. Consequently, a spurious perception has been created that the Pakhtuns, especially the tribesmen, crave for Sharia rule and support Taliban.
While representatives from the Pakistan Tehreek-i-Insaaf, Jamaat-e-Islami and Jamiat-e-Ulema Islam (S) are playing leading role in the discourse on peace talks, the Awami National Party (ANP)— which alone has lost more than 800 workers in the fight against the Taliban — is not a part of the process. Similarly, the viewpoint of Pakhtun civil society and intelligentsia has not even surfaced in the increasingly religiously charged debate about dialogue with Taliban. Those wondering about the perspective of Pakhtun civil society need only look at the Peshawar Declaration (2009). Interestingly enough, the people of the war affected areas have a quite different take on the issue of militancy than those living in the mainland Pakistan. The people of the conflict zone are fed up with the Taliban’s barbarianism but they also distrust the military. Most of them believe that the army and the Taliban are not enemies but friends. They cannot understand why the military failed in either killing or capturing the core leadership of the militants in all the previous military operations in FATA? Be it peace deal or military operation, the tribesmen find themselves trapped in a lose-lose situation. Particularly perturbing is the case of the anti-Taliban tribal Lashkars (militia) that have been facing the wrath of Taliban for ‘siding’ with the government? One of the recurrent features of the previous deals was that such anti-Taliban people were left at the mercy of their adversaries in the wake of each deal. Will these peace negotiations be any different? A big ‘No’, at least from the Taliban’s standpoint whose bloodthirsty intent was clearly revealed by their recent killing of the Chief of Mashokhel Quami Lashkar, Pir Israr Shah, along with his 7 relatives.

Those wondering about the perspective of Pakhtun civil society need only look at the Peshawar Declaration (2009). Interestingly enough, the people of the war affected areas have a quite different take on the issue of militancy than those living in the mainland Pakistan. The people of the conflict zone are fed up with the Taliban’s barbarianism but they also distrust the military

For peace talks to succeed, the government must take on board the Pakhtun civil society and tribal elders. The self-delusional distinction between ‘good’ and ‘bad’ Taliban must be abolished. Besides, cessation of hostilities against anti-Taliban Lashkars, Shias and other minorities should be made a fundamental part of any would-be agreement. Moreover, Taliban owe an apology to the people of Pakistan in general and to those of FATA and Khyber Pakhtunkhwa in particular. For ensuring social harmony in the tribal areas, Taliban, following the Pakhtunwali tradition of NANAWATE, should seek forgiveness of the families of all the tribal people they have ruthlessly killed. Finally, the ruling elites need to take serious practical steps to demonstrate that they care equally for the people of Khyber Pakhtunkhwa and FATA. Otherwise, the current apathy is likely to have serious implications for the already-fragile national unity.


Rafiullah Kakar is a Rhodes Scholar currently studying at Oxford University. He hails from Balochistan and can be reached at



Protest if SC, PHC jurisdictions not extended over Fata

 Akhtar Amin
Sunday, January 06, 2013

PESHAWAR: The Fata Lawyers Forum (FLF) on Saturday threatened to launch a campaign against the Pakistan People’s Party (PPP) if the federal government did not extend jurisdiction of the superior courts to the tribal areas before the end of the government’s tenure.

FLF President Muhammad Ijaz Mohmand, who also belongs to the ruling PPP and also vice-president of People’s Lawyers Forum, told The News that the forum had time and again asked the president and the federal government to extend the jurisdiction of superior courts to Fata, but to no avail.

He said they would launch anti-PPP drive in Fata in the upcoming general election if jurisdiction of Peshawar High Court (PHC) and the Supreme Court (SC) was not extended to the tribal areas as the tribal people have no proper justice system and were left at the mercy of political agents.

He said the Khyber Pakhtun-khwa Assembly had also passed resolution demanding representation of people of Fata in the provincial assembly and extension of superior courts’ jurisdiction to the tribal areas.

Minister for Law, Parliamentary Affairs and Human Rights Arshad Abdullah had moved the resolution that suggested to the government to abolish the newly constituted Frontier Crimes Regulation (FCR) Tribunal and establish a proper judicial forum.

The resolution demanded deletion of clause (7) of Article 247 of the Constitution for being in violation of fundamental rights of tribal people and called for extension of the jurisdiction of the higher courts to Fata.

The FLF secretary general, Samiullah Afridi, who also belongs to the People’s Lawyers Forum, said a clear constitutional status was needed for Fata to protect the fundamental rights of the tribal people. He called the amendments introduced in the FCR by the PPP-led government a cosmetic measure and demanded large-scale administrative and judicial reforms in the region. “Development in tribal areas was not possible without separation of the judiciary from the executive,” he said.


Bashir Bilour Shaheed: the Lion of Peshawar Slain

Bilour Fakra Pakhtunkwa

“Societies in decline have no use for visionaries.” ― Anaïs Nin ( A Saying for ANP and Bashir Bilour )

By Dr Muhammad Taqi

Whether it was the bombings in Peshawar in the 1980s or the siege of the city’s Shia in 1992, Bashir Lala would always be on the front line

The Awami National Party (ANP) has lost one of its bravest leaders. Senior provincial minister of Khyber Pakhtunkhwa, Bashir Ahmed Bilour was martyred this past weekend. One of his party colleagues and a fellow Peshawari said, “The lion of Peshawar has been slain.”

Bashir Ahmed was born on August 1, 1943 in the walled city of Peshawar in mohallah Hodah inside the old Ganj gate to Bilour Din sahib. He came from the prominent business and trader family of Peshawar called the Kalals. To my generation he was Bashir Lala, or the elder brother, but to his peers and most of the common Peshawaris, he just remained Bashir jan — the dear Bashir. The bereaving Peshwaris are lamenting: Bashir jan tannay barri ziyadti keeti aiy (this is not fair Bashir jan)

ANP Number 2 Bashir Bilour

ANP Second Most Senior Leader Bashir Bilour

My first recollection of the politician Bashir Lala is from a 1977 election poster, when I believe he was contesting a provincial assembly seat as the National Democratic Party (NDP)/Pakistan National Alliance candidate. The PNA ended up boycotting the provincial elections. But Bashir Lala and his older brothers Haji Ghulam Ahmed and Ilyas Ahmed, presently a federal minister and senator respectively, had joined the National Awami Party (NAP) — and by extension, the Pashtun nationalist movement — somewhere in the early 1970s. His younger brother, Aziz Bilour, remained in the civil service and never joined politics, though there came times that all four brothers were imprisoned by the government of the time for their political affiliations. The NAP was banned and disbanded, but Bashir Lala and his family remained committed to Baacha Khan and Wali Khan’s political thought. The ANP was formed in 1986 after the merger of the NDP, Mazdoor Kissan Party, Awami Tehrik and Pakistan National Party. Bashir Lala was to later become the provincial president of the ANP.

Bashir Bilour With Wali Khan in His Early Years

Bashir Bilour With Wali Khan in His Early Years

Today, Bashir Lala is remembered for the five consecutive elections he won. I saw him at his finest after his first election and the first and only election defeat in 1988. He was as gracious in defeat as he was in his five wins. The ANP morale was down, as it was routed in the 1988 polls in Peshawar valley. That is where the workhorse Bashir Lala came into the picture. He crisscrossed Peshawar’s alleys to reach out, support and encourage the party cadres. If his oldest brother had the social suave to reach out to the Peshawar families, it was Bashir Lala’s political muscle that held together the ANP election machine in Peshawar from the non-party-based local bodies election of the 1980s to a thumping victory in the 1990 general elections. Peshawar city has traditionally been a stronghold of the assorted Muslim Leagues and then the Pakistan People’s Party (PPP). Having lost his first election to Syed Ayub Shah of the PPP, Bashir Lala was truly the architect of the Pashtun nationalists finally wresting away Peshawar from the League and the PPP. While deeply inspired by Wali Khan, he was an extremely effective traditional politician who understood the complexities of a large city and the problems of its people. He reached across language and sectarian barriers and stood up for his constituents regardless of party affiliation. But he was one of the few leaders who were readily accessible to party workers whenever they needed him.

Bashir Bilour Being Taken from Lady Reading Hospital After His Shahdat By Pashtuns

Bashir Bilour Being Taken from Lady Reading Hospital After His Shahdat By Pashtuns

When the ANP secured a majority in the 2008 provincial elections, he was one of the front runners for the chief ministership. Some Peshawaris complain that if he was not a Hindko speaker he may have secured the top slot. But Bashir Lala was not only above parochial divisions and very secular in outlook personally, he was also a very pragmatic politician and not an ideologue in any sense. He was not an ideologue until perhaps an ideology of hate befell his city and the province.

Mourner when Hearing Bashir Bilours Deaths

Mourner when Hearing Bashir Bilours Deaths

He became ideologically committed to fight the obscurantists with whatever it took, whenever and wherever. If Mian Iftikhar Hussain is the face of the anti-Taliban ANP, Bashir Lala was its soul. In a country bogged down by confusion over what to do about the Taliban menace, his was a clear vision and message: fight and trounce them for their thought and savage means are incompatible with anything modern.

The Pride of Pashtuns

The Pride of Pashtuns

Lately, we have heard the Pakistani security establishment ostensibly lamenting that the civilians do not show leadership against terrorism. Bashir Lala was a civilian politician who led from the front, knowing full well that it would cost him his life. He had told his wife, the daughter of the Peshawari steel magnate, the late Gul Muhammad Khan, that if my dead body has wounds on the back, you must not see my face.

Bashir Bilour Wanted Shahdat and He was a Tiger Pashtun

Bashir Bilour Wanted Shahdat and He was a Tiger Pashtun

But as we know he took the bomb shrapnel on the chest. His brothers, his wife and his two sons, Usman and Haroon, along with his compadres in the ANP are proud of Bashir Lala. To me this is nothing new. Whether it was the bombings in Peshawar in the 1980s or the siege of the city’s Shia in 1992, Bashir Lala would always be on the frontline. He would barge in with true grit and not leave until the job was done. He always did his part as he has done this time. But can his resolve and example be followed? He is the last fallen along a perilous path on which Salmaan Taseer and indeed Benazir Bhutto were slain, but would certainly not be the last one. While continuing to play footsie with its jihadist proxies, the security establishment is passing the hot potato of decision making to the civilians as they cower under fear and political expediency.

Gunter Grass had noted somewhere that it is a crime to hope when there are no reasons for hope. I am not about to commit that crime. I really do not know what the fates have in store for Peshawar, but RIP Bashir Lala, you will forever be in the hearts of the Peshawaris wherever we are.

@mazdaki  and  www.


Why Peshawar Airport was attacked and would be attacked Again

Peshawar Airport was attacked last night and would be attacked again because, it is not secured and the fault lies with the Army FC and also the Political Government.

As Airport is immediately surrounded by FR (Frontier Region) of Peshawar which is also called Semi- tribal Area.

There are, Areas in inside PUKHTUNKWA that are not part of FATA and but are Governed like FATA and Under the Administrative control of nobody but DCO of Adjacent City Like for Example Peshawar .

Frontier Regions and are totally, 6 in Number in Pakistan.  There are  Fr Peshawar , FR Kohat , FR Bunnu , FR Lakki , FR Di Khan  and FR Taank.

Although No High court / Supreme Court /Provincial Assembly can work there as it is Graded as Semi Tribal Areas.

According to Constitution of 1973, Article 247, 246 applies to these FR areas and , even when it is part of Pukhtunkwa and not FATA.

Hence these Areas are Not under control of Provincial Government of ANP at all Technically,  but Belong to FATA Secretariat of Islamabad under President Asif Ali Zardari , even when they are Located deep Inside  Pukhtunkwa in Provincial capital of Peshawar . His only one Signature can change this into settled Area but he won’t to Torture us.

Since it is Azad area or without any Administration hence it is like a Heaven for Criminal and Terrorists who are not under Pakistan Government direct Influence, it was created like this by British in 1901 to Crush Pashtuns and now adopted as Official Policy by Pakistan Government.

Hence the Wall of Peshawar Airport Actually Touches in south FR Peshawar which is just a 2 Km from FR Peshawar Tribal Area , Bara is far Away and is Incorrectly mentioned as joining Airport.

So this area needs Frontier Constabulary but all its Platoons are in Diplomatic Enclave in Islamabad on VIP duties in , Karachi and Sindh about 300 or so Platoon are out of Pakhtunkhwa ,

The other Frontier corps under Army Administration is busy inside FATA , with Duties with Army .

The Actual Army only Takes care of 3 check post inside Peshawar Cant hat encircles 1/2 KM from corps Commander Office and Airport is practically out of this Army cordon. Only Army has Bomb detection Equipment on only one of the check post.

The entire Outer cordon of Pakhtunkhwa is with police who are Under Armed and under Trained and have no Equipment of Bomb Detection,

Meager Equipment donated by USA or European country was siphoned off to Punjab, where only 1% of Incident of War on Terror has occurred.

Chief Justice Peshawar High Court had Instructed recently the Corp Commander Peshawar check such flaws of Check posts and post Army Officers on check posts Till date has been deputed on any check post manned  by Soldiers , in Direct contempt of court .

Why Majority Educated Pashtuns are uncool and Tribals are cool in Pakistani Media?

Yesterday I was struck by Advertisement on TV of one of two Major shoe company Service Shoes of Pakistan who makes shoes that are really Popular with Militants and terrorist of Pakistan who are called Taliban or Madrissha Graduates .

The Advertisement showed People of Pakistan from all Provinces and it showed the Pashtun as one riding a Truck and wearing a Ceremonial Waist coat with Glass beads that is traditional Dress of Pashtuns.

The same scene was also present in another advert of Mobile Operator of Norway Telenor Pakistan which has second biggest network in Pakistan that Pashtun was represented by a Truck Driver.

These Adverts have been given clearance by Pemra ( Pakistan Electronic Media Regulator )  and nobody objected to Racist and Stereo typical Categorization of all Pashtuns as Truck drivers.

It is synonymous to Punjabis being shows as Gujars or having a Cattle and wearing a Dhoti and sitting in a Stable on a Farm eating Dall.

Why this Racialism and Racist Behavior is Targeted towards Pashtuns only, I wonder why?

Rationally speaking and Looking at Demographic there are 6 Crore Pashtun living in Pakhtunkhwa and Baluchistan both provinces than Tiny FATA 7 Agencies who, s population is only 0.3 Crore , who are not involved in Transport Business.

The transporters are only 4 Tribes of Wazir, Mehsud, Afridi and Shinwari Tribes rest of Tribes who are Majority are not involved in Transport Business at all in FATA.

Why the Advertising Agency who Makes these Adds are so Infatuated with the Truck and putting a Pashtun in it and Showing their Ignorance Jihalit and Racist behavior.

Pashtuns like Malala and Ahmad Faraz International Poet, Rehman Baba, Khushal Khan Khattak, Ghani Khan , Bacha Khan and People who won the only War of Pakistan liberating Kashmir ,are International Icons

The Pakhtunkhwa Hero’s of Swat and Dir and Ambh Hazara who Conquered Kashmir from India in 1948, are unknowns.

While the FATA Tribal are falsely credited for Kashmir conquest in 1948, are made Hero’s and with a false History Crediting the FATA Tribals unnecessarily.

Even in PTV drama a Pashtun is always shown as Security guards and not as Doctors or Engineers , and this is pet formula and it has got sanction from Punjabi Establishment , the same Punjabi who were ruled by Pashtun from Gandhara Civilization 500 BC  to 1857 Ahmad Shah Abdali or Durrani,s time .

Even Finance Ministry official web site has Pashtuns described as chowkidar not as Generals or Educated lot that has contributed to Pakistan

These Advertisers should be Stopped and Legal Action be taken for their False Portrayal of Second Major Ethnicity Pashtuns demographically and for Racism and Fined for this behavior.

These Racists should know that Pashtuns are Highest Educated People Percentage wise in Pakistan then any other Ethnicity, in Pakhtunkhwa still more than Punjab and Sindh Statistically.  Putting them in truck and by Racism by stereotyping them,  as truck drivers only one cannot suppress these facts.

Malala Yousafzai did she really shook People of Pakistan or Not ?

Malala Yousafzai Sitara Jurat a Bravery Medal Recipient

People of Pakistan were shaken by Cruel and Inhuman Attack on 14 year old  Girl by Taliban , but the Real question is  This Is this Incident  Cruel enough to Wake up Pakistan from Slumber or not ?

The Responses was clear PTI, PMLN PPP and Q , JUI , JI and the Army never even bothered to call them Taliban or Even Supported an Action Against them in Pakistan or Afghanistan, Internationally in UN supporting  Taliban’s Atrocities if they are beyond Attock  sparing  the 70% of Pakistan called Punjab.

Even when their Spokesman Mullah Ehsanullah was Loud and Proud   enough on International and National Media that they had done it .

It’s Ironic that only Parties who openly opposes these Taliban Like the MQM, BNP and ANP who are mainly the Targets of Taliban Existing in Fields of Operation of Taliban.

While Rest of Parties who are Pro Taliban Including Pseudo Liberal Imran Khans PTI are Spared by Taliban as they have made Alliance’s with Taliban with elections nearing,  hoping for the Taliban votes and being Political Reps of Taliban in Pakistan

MQM Losing Hundreds of its Workers because of Taliban for Being a Shias and for asking the rights of Hindustani Immigrants from Punjabi Dominated Establishment.  MQM managed a Brave response from comfort of their London Secretariat via Telephonic Addresses of Altaf Hussain far from Taliban. Calling for a complete Social Boycott of Taliban and their Supporters,  Stopping their Funds,  Sacrificial Animals Hides Fetching Bullions for them.

Malala Yousafzai After Being Shot By Taliban Creation of Punjabi Establishment at Point Blank range in a School Van in Cold Blooded Murder Attempt .

Similarly BNP lost 1000,s of its Workers , Top Leadership because of being Baluch Nationalist’s party demanding Rights from Punjabi Dominated Establishment and having mainly Hazara Shia Population being targeted by Punjabi Taliban Known as Lashkar Jhangavi hailing from Jhang Faisalabad.

ANP is no Different who represent Most educated Pashtun Nationalists Most Educated People statistically under Threat from Taliban who are Blowing them their schools and their Cultural Icons.( This activity being restricted only to Pashtun Belts in KP and FATA ) ,  killing 1000,s of their workers, MPA,s MNA ,s and beheading  their Appointed Civil Servants who tried to act against Taliban  like SP Khursheed Khan.

Brutal Shahdat yesterday in Peshawar , Beheaded him after catching him alive at Police check post Inside Peshawar without  any Aid coming of Army/ FC arriving nearby.

Unfortunately all these Anti Taliban parties have less then 37 Seats in National Assembly, MQM 25 and ANP 12 while BNP has none as it is weary of Pakistani Establishment and wants Separation.

The other Main stream Parties and Army wants the Taliban to stay in Pakistan and Afghanistan as Foreign Policy Sanctioned from Jinnah Institute thinks tanks and the Army ( As long as they stay out of Punjab) , and not Expecting change in Near Future. I can safely conclude we have Learnt Nothing from Malala,s  Ordeal  and it is just Hiccup in status Quo of Pakistan .

Frontier Crimes Regulation ( FCR )

By Muhammad Utmani
The F.C.R. (Frontier Crime Regulations) has its origins in laws that were enacted by the British Raj in the Pashtun-inhabited tribal areas in the Northwest of British India. They were specifically devised to counter the opposition of the Pashtuns to British rule, and their main objective was to protect the interests of the British Empire. Over a century later, the laws continue to be applied to FATA residents by the Government of Pakistan.
 As everyone among us knows that these TRIBAL agencies were not under the British rule, actually the so called settled areas i.e. of Khyber pukhtunkhwa were under British Raj and this law was enacted for these areas not for the now FATA. It was implemented in FATA after the birth of Pakistan.

Khyber Pass in FATA the Gate Way to Central Asia in 1840.s Little has changed there after It being Given Status of FATA in 1901 and FCR Imposed on it by Rooskeeple and British Viceroy Lord Curzon and in Connivance with Sahibzada Qayum Khan first Political Agent of Khyber Pass

Main points in the law:

(1) You are deprived of appeal , wakeel and daleel (respectively, the Right to Appeal detention, the Right to Legal Representation, and the Right to present reasoned evidence)

(2) One of the worst aberrations of the FCR is the collective punishment clause no. 21, which is imposed on anyone in the tribal area for a crime committed by his or her relative, spouse, or even a person from the same tribe and area (Amnesty International 2008).
(3)  Under the draconian Frontier Crime Regulation (FCR) of 1901, the Political Agent or his deputy, the Assistant Political Agent, enjoys unbridled powers – both executive and judicial. There is no regulatory mechanism to check misuse of powers by the Political Agent which often resulted in serious human rights violations.

(4) Under the FCR, suspects are tried by the tribal jirga or council which submits its recommendations regarding conviction or acquittal to the Political Agent. The Political Agent makes a decision regarding conviction or acquittal but is not bound by the jirga’s recommendations.The orders of the Political Agent cannot be challenged before the higher courts. In effect, there is virtually no separation of the judiciary from the executive in the FATA.

(5) Again, among the most damaging provisions in the FCR is the “seizure/confiscation of property and arrest and detention of an individual without due process, barring a person in the tribal areas from entering the settled districts”. This provision also falls under section 21 of the FCR mentioned above, which is known as ‘Collective Responsibility Clause’. Under this clause, if an offence is committed by one person, his or her whole family/tribe is made responsible for the act and can also be arrested and their properties seized.

    Moreover, the FCR says that arrested persons will not be permitted to contact the Government of Pakistan and nobody from Pakistan may contact or trade with these people.

(6) Under section 23 of the FCR, all the members of a village are considered responsible for a murder if a dead body is found in their village. Under section 22 and 23, fines are imposed on the entire community for the crimes of a single person. In section 56, if fines are not paid by relatives, then the property of an offender is sold to realize the amount due.

While the Constitution has virtually put the entire populace of the FATA region at the mercy of the President of Pakistan for any reform and development in the region, the Political Agent has been ruling the tribal region with absolute authority with the help of black laws and he is beyond the reach of the law.
An example: On 29 June 2007, the Peshawar High Court ordered the Kurram Agency administration to immediately release 11 tribal maliks (elders) who were arrested on the order of Assistant Political Agent of Lower Kurram, Dost Mohammad on 17 February 2007 under the FCR and threatened the administration to initiate contempt of court proceedings if it failed to release the tribal maliks. Earlier in May 2007, the High Court had directed the Kurram Agency administration but the authorities failed to release the detainees.

Officers of Khyber Rifles the Armed Wing of Political Agent who Imposes The FCR , since the Time of British Raj in 1893 to Today on FATA . Now this force is Under control of Punjabi Dominated Army Officer of Pakistan Army who control FATA from Central Government of Islamabad Dominated by Punjabi’s to Tune of 70%. FATA is In fact a Territory Governed Directly by Islamabad

 The repercussions of FCR
Late Chief Justice of the Supreme Court, Justice Alvin Robert Cornelius, said that the FCR is “obnoxious to all recognised modern principles governing the dispensation of justice” in the case of Sumunder vs State (PLD 1954 FC 228).
The Frontier Crimes Regulations of 1901  has been certified as “draconian”, “black laws”, “illegal”, “unconstitutional” and “un-Islamic” by the people and the courts. The FCR was enacted by the British colonialists as an instrument of subjugation of the local people and to check any rebellion by the pukthoons in this region.
According to SPARC’s annual report 2009, in December 2009, it was reported that 14 children were detained under the FCR. In 2004, the annual report of SPARC had reported that about 70 children had been detained under the same law. In 2004, during a visit to Haripur Central Prison, the SPARC team met with 21 women and children who were members of a fugitive’s family. The women and children had been convicted under section 40 of the FCR. They were arrested after the wanted man had escaped arrest.
In 1979, the Baluchistan High Court (the Shariat bench) held that the FCR was discriminatory and un-Islamic. On 29 July 2002, the Lahore High Court ruled that the Frontier Crimes Regulation was no more in existence following the Baluchistan High Court’s judgment of 1979 and hence, detention under the FCR was “illegal”.
 In the same order, the Lahore High Court directed the release of Qimat Gul of the FATA who had been detained for about two-and-a-half years without any right to defend. The Political Agent of Bajaur Agency had implicated him under the FCR and had detained him when he protested against forcibly grabbing of his land by some influential persons in the village.
The biased Federation of pakistan
The major fault lies in the “step-motherly treatment of the Federation towards this tribal region” through the Constitution of Pakistan, 1973, which gives space to the FCR to violate the fundamental rights of citizens of Pakistan living in FATA.
In Article 1 of the Constitution, FATA is part of Pakistan and in Article 247, are described the manners and methods by which the area should be administered. “Under Article 247 (3) of the Constitution of 1973, no act of Parliament is applicable to FATA or any part thereof unless the President of Pakistan so directs
The insufficient amendments:

(1) The extension of the political parties order : not seen yet. A few months back Pakistan Tehreek e Insaaf local leaders were arrested and tortured for holding a normal JALSA. Even Imran Khan couldn’t do anything against the authorities responsible for it.
(2) Right to appeal : it is also not implemented yet. The case of  kurram agency and Peshawar high court.
The Role of FATA MNAs
In the history of FATA all the elected MNAs ( Members of National Assembly) are either from the family of these bureaucrats, who are ruling and exploiting the tribals with both hands or the MALIKS who are benefited from the autocratic decisions of these bureaucrats. So how can one expect that they will abolish FCR or amend the parts which are causing violation of basic Human Rights?
After Independence, and the birth of a sovereign Pakistan, it was hoped that the Constitution of 1973 would herald a new era of freedom for the people of this country to flourish and progress. However, unlike the rest of Pakistan, the Constitution was not applied to the region of FATA, whose people continued, and still continue, to suffer the indignities and cruelties of the archaic British laws under the F.C.R

There is a need to support the complete abolition and repeal of the FCR, so that FATA may be brought under the purview of the Constitution of Pakistan, 1973 in the same manner that the rest of Pakistan enjoys.
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