presentation on fata

Federally Administered Tribal Areas (F A T A)

ByFazal Akbar

DMG Probationer atCivil Services Academy

LahoreDated: 9th March, 2011

Aurakzai Agency

Bajaur Agency

Mohmand Agency

Khaibar Agency

Kurram Agency

North Waziristan Agency

South Waziristan Agency

Seven Agencies

FR Peshawar

FR Kohat

FR Bannu

FR Lakki Marwat

FR Tank

FR Dera Ismail Khan

Six Frontier Regions

The Agencies were set up by the British in

18th and 19th centuries, when the closed-

door and Forward Policy did not achieve the

desired objectives.

History

Article 246. Tribal Areas:

(c) Federally Administered Tribal Areas includes

(i) Tribal Areas adjoining Peshawar district; (ii) Tribal Areas adjoining Kohat district; (iii) Tribal Areas adjoining Bannu district; (iiia) Tribal Areas adjoining Lakki Marwat

distt:(iv) Tribal Areas adjoining Dera Ismail Khan (iva) Tribal Areas adjoining Tank District;

Constitutional Status

(v) Bajaur Agency;

(va) Aurakzai Agency;

(vi) Mohmand Agency;

(vii) Khyber Agency;

(viii) Kurram Agency;

(ix) North Waziristan Agency, and

(x) South Waziristan Agency.

Article 247:

President has the power to make

regulations for good governance in FATA

Parliament cannot make a law unless the

president so directs

High court and supreme court have no

jurisdiction over FATA unless parliament by

law so provides

Article 51:

National Assembly…..12 Seats

Article 59:

Senate………………. 8 Seats

Seats in Parliament

Administrative System

The administration is run through PA, APAs,

Tehsildars, Khassadars, security forces

(Levies or Scouts) and Maliks.

The tribal administration and system of

justice is based on the concept of territorial,

tribal (collective) and protective

responsibility.

Adjudication is through the Jirga system,

which is something the tribesmen

comprehend and accept.

The substantive law is the Pakistan Panel

Code, 1860, whereas, the Frontiers

Crimes Regulation, 1901 is the

procedural law.

Administration takes cognizance of only

those offenses, which are committed in

protected areas

Does not generally interfere in the offenses

occurring between the tribes in the tribal

territory of which no cognizance is taken

The Maliks used to work as medium

between the administration and “Qaum”.

Head of the Agency Administration

Accountable to Provincial Governor

Coordinates nation building departments

Controls tribesmen through a system of

territorial responsibility

Does not interfere in the affairs of

tribesmen

Political Agent

Interferes only in grave situation

Functions as a District Magistrate and Session Judge

Has executive, judicial and revenue powers and has the responsibility of maintaining law and order and suppressing crimes in the tribal areas

Political Agent while administering affairs of

an agency, is assisted by a number of

Assistant Political Agents, Tehsildars

(administrative head of a Tehsil) and Naib

Tehsildars (Deputy Tehsildars), as well as

members from various local police

(Khassadars) and security forces (levies,

scouts).

Political Tehsildars and Political Naib-

Tehsildars are in charge of Tehsils and their

main duty is to control the tribes and to

maintain law and order. They deal with all

cases occurring in the protected area of

their respective Tehsils.

Land revenue administration in some parts of

the Agency is carried on exactly on the same

lines as in the settled districts of Pakistan.

The political agent plays a supervisory role for

development projects and chairs an agency

development sub-committee, comprising

various government officials, to recommend

proposals and approve development projects.

He is responsible for handling inter-tribal

disputes over boundaries or the use of natural

resources, for regulating the trade in natural

resources with other agencies/the settled

areas.

He also serves as project coordinator for rural

development schemes. The PA also acts as

each agency’s development administrator.

• The Frontier Crimes Regulations 1901, popularly known as FCR is one of the major components of the administrative system of justice in Tribal Areas.

• It is the supreme law in FATA and other civil and criminal laws are not extended.  It serves all purposes both of procedural as well as substantive law. 

Legal and Judicial System

• No right of appeal to the High Court or

Supreme Court exist.  Until 1997, the

Commissioner acted as a revisional court

but in 1997 it was amended and turned into

appellate forum and the powers of revision

of the Commissioner’s verdict were given to

the tribunal consisting of secretaries of

Home and Law Department. 

• The FCR is a subject of frequent criticism as

being a draconian law which is oppressive

and subject to misuse. It is one of the most

highly controversial parts of the tribal

system of administration.

• Section 40, Collective Responsibility Clause

It is basically a procedural law and not a

substantive law, nor can it be considered

comprehensive in its coverage of all the

parameters of the modern laws.

The FCR is a direct contravention of the

Constitution of Pakistan, 1973, as well as

the Juvenile Justice System Ordinance

(JJSO), 2000, the Universal Declaration of

Human Rights (UDHR), 1948, the Covenant

on Civil and Political Rights, 1966, and the

Convention on the Rights of the Child (CRC),

1989.

No right of engaging a counsel or defending

one’s rights has been given

There is no audit of the funds received by

Political Agent

Theoretically, PA is responsible to Governor

for his duties but the practice is different.

Law and order situation in FATA

Malik System

Terrorism

Problems of FATA

FCR-The draconian law

Discrimination on the part of Govt

Poor or no education (22%) (Women 7.5%)

Poor health facilities

Power shortage

Poverty

Poor infrastructure

Absence of democratic institutions

No economic activities

No extension of jurisdiction of High Court

and Supreme Court to FATA

Thank You