Another Promise Fulfilled – FATA population gets political rights
President Zardari Signing the Amendments to the FCR on 12th August, 2011
While the right wing and biased media continues to focus their attention against the PPP government on issues like the commissionerate system in Sindh and the usual banter of “krupshion and bad guvernunce”, the PPP government under its leadership of President Asif Ali Zardari and Prime Minister Yusuf Raza Gilani have delivered on a promise of giving political rights to the marginalized population of FATA.
Thank you PPP. Keep your head down and do your work. The naysayers will die their natural deaths.
Salient Features of the amendments of the Frotier Crimes Regulations include:
- Women, children and those over the age of 65 will no longer be arrested or detained under the concept of collective responsibility. However, collective responsibility has not been abolished completely
- For the first time Fata residents will have right to appeal against Political Agent’s decisions.
- The appeals will be heard by an appellate authority comprising a commissioner and a dedicated additional commissioner who will be notified by the governor.
- The decisions of the appellate authority can be challenged by a three member Fata tribunal that will be equal to a high court.
- Accused have been given the right to bail.
- If wrongly punished in civil or criminal matters, people will be for the first time entitled to compensation.
- The funds at the disposal of political agents will now be audited by the auditor general of Pakistan
Dawn has reported the following about the amendments.
ISLAMABAD, Aug 12: President Asif Ali Zardari signed on Friday amendments made to the century-old Frontier Crimes Regulation (FCR) which will give the people of Federally Administered Tribal Areas (Fata) for the first time the right of appeal against decisions of the political agent.
The president also signed the Extension of the Political Parties Order 2002 to the tribal areas where, after appropriate regulations to be framed later, political parties can operate freely and present their socio-economic programmes.
The amendments envisage setting up of a three-member Fata tribunal headed by a chairman. It will exercise the powers of revision against orders/judgments of an appellate authority having powers similar to a high court under Article 199 of the Constitution — a provision dealt with the jurisdiction of the high court.
One member of the tribunal will be a senior civil servant of not less than BPS-20 and with experience of tribal administration and the other should be qualified to be appointed as a judge of the high court though well conversant with the local Rewaj (customs).
Considered always a black law the FCR was devised by British colonialists in 1848 as an instrument of subjugation meant to discipline the Pakhtun population and establish the writ of colonial authority. Innocent men, women and children become victims of the draconian regulations. Even family members were handed a jail term for no crime of their own under the FCR. People were sen tenced to jail for the alleged crimes of their father, uncle or any of their blood relatives.
Under the FCR, the government had the powers to raze the houses of criminals and their relatives to ground as a punishment.
Extension of Political Parties Order The government believes that the permission to political parties to sell their programmes in tribal areas will counter the pernicious one sided campaign of militants to impose their ideological agenda on the people.
Supreme Court Bar Association President Asma Jehangir welcomed the reforms and said it was a gift on the eve of Independence Day for the people of Fata as well as for the rest of the people in the country. The amendments, she said, were a big leap which would prove to be a stepping stone of further reforms.
Ms Jehangir, who had also headed the Human Rights Commission of Pakistan, was confident that the jurisdiction of an ordinary high court would be extended to Fata, but said the collective punish ment in every form should be abolished.
“The extension of the political parties order will also help generate the interest of people who will be gradually brought to the mainstream national life because they will enjoy the right to vote, but not to a political party. The audit of political agents will also take care of bribe in Fata,” she said.
HRCP Director I.A. Rehman said the reforms had some nice features but were still short of expectations.
Contrary to the past practice, the amendments to the FCR provide right of bail to the accused, but it would be mandatory to produce them before the authority concerned within 24 hours of arrest.
Women, children below 16 years and men aged above 65 cannot be arrested or detained under the collective responsibility clause. Also the entire tribe will not be arrested under the clause whereas a step-wise action will be taken in case of a crime by first involving male members of the family followed by sub-tribe and then by other sections of the tribe.
A new section has been added which provides for action for false prosecution in civil and criminal matters while the defendants will be entitled to adequate compensation in criminal matters and compensatory costs in civil matters. Similarly, no person will be deprived of his property without adequate compensation as per prevailing market value in accordance with the procedure laid down in the Land Acquisition Act 1894 in settled areas.
For the first time, funds at disposal of political agents have been brought under the audit by Auditor General of Pakistan.
Section 58A has been inserted into the FCR to make provision for jail inspection by the Fata tribunal, while the appellate authority and political agent rules will be framed for regulating the agency welfare fund.
President Zardari praised efforts of the Shaeed Bhutto Foundation which worked in Fata to pave the way for implementation of the reforms.
People have commended the action. Comments from Express Tribune website are posted below:
http://tribune.com.pk/story/229954/president-zardari-signs-fata-political-parties-order-2002-extension/
Aftab Kenneth Wilson
23 hours ago
Reply
A very brave and bold step taken by the present government. It was also the wish of FATA people which was ignored in the past. Timely and right step. Congrats to the people of FATA. Zardari Sahib this area came under direct control of the Presidency so you fulfilled the wishes of which others could not dare to attempt. So another feather in your cap and the party. Believe me, I am not a member of PPP but see things as a Third Umpire.
Recommend35
M Usama Kabbir
23 hours ago
Reply
Thank You President Asif Ali Zardari. You are the best thing that has happened to this Nation. We salute you for your courage and patience. Allah Bless You !
Recommend32
Maryam
20 hours ago
Reply
Thank you Mr President the and PPP Government. We will always remember you in our prayers.
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H.A. Khan
20 hours ago
Reply
This is a very positive step.Please stand bye this act and do not back off.
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Shahid khan
19 hours ago
Reply
Salam to all of you..
this is most happiest day of my life that our great president Asif Ali Zardari made a bold decesion according to the wishes of FATA residents. the Black Law FCR has been ammended. thanks you all.
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Zargun Khan
19 hours ago
Reply
Thank you very much my dear President Zardari. Thumbs up to your leadership. Our prayers are with you.
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Realist.
18 hours ago
Reply
A VERY VERY good Step.
Politics minimizes Violence because people change their way of expressing themselves , they will now use BALLOT instead of BULLETS.
Above that I think its time to Make FATA a Separate province.
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Quraysh Khattak
18 hours ago
Reply
This is a big leap forward in mainstreaming FATA. We look forward to an early merger of FATA with Khyber Pakhtunkhwa.
Recommend14
Riffat Khan
17 hours ago
Reply
Thank you Mr President for Humanizing FATA! This is another big step after renaming our province as Khyber Pakhtunkhwa. We hope that your government and party will also put their weight behind ANP’s demand for merger of tribal areas with Khyber Pakhtunkhwa.
Recommend15
Gulwush
17 hours ago
Reply
Thumbs-up to PPP government for this good step! Now please unite tribal areas with KP. FATA has already been socially integrated with the province. Its administrative integration with KP will give voice to people of FATA in running affairs of the province also.
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Adnan
17 hours ago
Reply
Congrats to my FATA brothers and sisters… I think it’s a good step taken by the President.
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Shahid
16 hours ago
Reply
Truly a landmark decision of present govt which will improve lives of every Pakistani. Congratulations to people of FTATA.
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Qamar
15 hours ago
Reply
Though I shall vote for PTI, but I must congratulate people of FATA and commend Zardari for such a bold step for strengthening democracy and devolving power. This one step weighs more than the combined efforts of musharaf for this country, if any. FATA should be made a separate province since it can be merged with KP at a moment when we are talking about divisions in provinces for better governance.
Recommend6
Kakar
15 hours ago
Reply
Congratulations dear brothers of FATA. Be creative and Profitable to this motherland and please take part in every field of life. Never go to them who take u astray. Send ur good regards to the President of Pakistan Mr. Asif Ali Zardari.
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Khawlah
14 hours ago
Reply
Thank You Mr. President for this Great Historic decision. May Allah Bless You.
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Jehanzeb Khan
13 hours ago
Reply
A right step in the right direction…… Three cheers for Zardari……..
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TightDhoti
13 hours ago
Reply
What about the other law past the other day which allows the military to detain or prosecute anyone in FATA at will with no recourse to civilian courts?
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M Usama Kabbir
11 hours ago
Reply
This is the ‘REVOLUTION’ we needed. Revolution through evolution, not ‘Facebook Events’ & ‘Laal-Peela-Neela Band’ Concerts (Sunday to Sunday).
جیے آصف علی زرداری
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Salman
10 hours ago
Reply
@tightDhoti,
these laws are not new, even in uk intelligence agencies/police can detain you for a few weeks(this was up to 7 weeks if i remember correctly, later reduced to 4 weeks or something) with no access to court or with out filing any fir.
Very good steps PPP!!
Recommend8
Mirza
9 hours ago
Reply
Now PPP would do very well even in the KP and FATA in the next elections. With the bold acts like restoration of mutilated constitution with18th amendment, and now civil right in FATA, let us give credit when it is due.
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Suresh
7 hours ago
Reply
Unbelievable! Excellent, So sweet. This is actual fight against terror (laws)!
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Sajida
7 hours ago
Reply
Indeed! A positive development. The Government should be commended for i. But, this makes one wonder if the FATA gets this freedom why was it being denied local governments?
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Anonymous
7 hours ago
Reply
I am so happy that someone took this right decision.
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Syed
6 hours ago
Reply
yes its a good step which should have been done much before. Lets also ask them to pay electricity bill now as they are enjoying this free ride for ages.
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san
4 hours ago
Reply
at last justice has been made by PPP..
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A.ghaffar dawood
4 hours ago
Reply
The president deserves all the praise for fulfilling his promise to the nation.
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Atif Siddiqui
4 hours ago
Reply
Appreciate the President for this reforms; wishing best to this will create a peace and prosperity in the region and happiness to the people…
Recommend1
Atif Siddiqui
4 hours ago
Reply
Appreciate the president for this reform; wishing best to this change will create a peace and prosperity in the region and happiness to the people…
Recommend1
Marvelous Rite Decision We love Democracy ! Thanks Mr President Zardari !
One can see all political parties of KPK (ANP, PPP, JUI, PPP-S) participating in the signing ceremony. Only missing are PML-N. One can only speculate why they are missing…because they cant see anything beyond GT Road!!!!
@Ahmed, so true. If MQM is the party of urban North Karachi, then PML N is the party of urban North Punjab with a vote bank of middle and upper trader classes for whom worker rights and political rights are a threat to making non-taxed monies.
It is a political vision of the deserving custodian of Bhuttos’ legacy. Well done Mr. President, our best wishes are always with you …..
It is beginning of the new dawn upon people of Fata. They rise to the occasion to capture more human and civil rights for themselves. The women will come to know that they are just like commerical commodity, rather they will wheel togther along with man folk for taking more concrete steps for uplift of Fata. The so called Mughal king era of the corrupt political administration here comes to its end. Hats off to the President and all those who helped root out this notorious Brit FCR. ( Fool, Corrput, Rulers) .
It is beginning of the new dawn upon people of Fata. They will rise up to the occasion to capture more human and civil rights for themselves. The women will come to know that they are not just like commerical commodity, rather they will wheel togther along with man folk for taking more concrete steps for uplift of Fata. The so -called Mughal king era of the corrupt political administration here comes to its end. Hats off to the President and all those who helped root out this notorious Brit FCR. ( Fool, Corrput, Rulers) .
Well done zardari… next step would be drone attacks to strengthen the democracy further……..JIYEY BHUTTO
Good for the people of FATA but the major issues faced by the people of Pakistan are, apparently, not given due consideration. These issues are, shortage of electricity / gas, potable water for the poor people, corruption, law and order situation, unemployment, respect of judiciary etc.
@adnak
Just a minor amendment to your summation:
major issues faced by the people of Pakistan are, apparently.
The word apparently can be removed.
Nice step i was a part of Shaheed Bhutto Foundation from 2007 till signing of the documents.PPO 2002 will pave the way for more reforms and even abolition of the FCR.
There is no thing as Shaheed Bhutto. He was was given a death sentence for aiding and abetting murder of a poltical apponent.
A much belated but an excellent achievement of PPP. Good going, the province of Qabailistan should be next.
ZAB
I concur with the proposed amendment.
MNA Muhammad Kamran Khan :
FCR amendments harbinger of more changes: MNA
Staff Report
MIRANSHAH: MNA Muhammad Kamran Khan has said that the amendments to Frontier Crimes Regulations are a beginning to more changes in the law.
He said this while speaking to tribal elders at Speenwam in tehsil Mir Ali in North Waziristan, according to a press statement issued on Wednesday.
The North Waziristan MNA told the elders that the amendments met the tribal people’s old demand for making the FCR more democratic. “I hope these amendments will be followed by more such changes in the FCR,” Kamran said. He said that fast development would guarantee the return of peace to North Waziristan where Taliban-linked terrorism has wreaked havoc for the last several years.
http://www.dailytimes.com.pk/default.asp?page=201198\story_8-9-2011_pg7_29
Too little too late.