FATA

Status of FATA in the Constitution:

 Article 1(2) c declares FATA as the Territory of Pakistan.
 Article 247 describes the Executive Authority of FATA i.e., The President of Pakistan.
Governance:
 No act of parliament or provincial assembly is applicable in FATA.
 FCR (set of laws) Article 247.
 President Governor Political Agent.
 Ministry of SAFRON.
Geography:
 Area27,220 KM2
 Boundaries attached  Afghanistan, KP, Balochistan.
 07 Agencies and 06 Frontier Regions.
Agencies:
i. North Waziristan ii. South Waziristan. iii. Bajur. iv. Kurram. v. Mohmand
vi. Khyber vii. Orakzai.
Frontier Regions:
i. FR Peshawar ii. FR Kohat. iii. FR Bannu iv. FR Tank. v. FR Lakki Marwat.
vi. FR DI Khan.
Definition: Area of FATA attached with cities of KP.
Education:
Literacy Rate : Total  33.3%
Female12.7%
Political Status:
Senators  08
MNAs12
Population:
 5,001,676 (05 million)
Frontier Crimes Regulations (FCR):
 Set of rules through which FATA is governed.
 Three basic rights are not applicable.
i. Appeal ii. Wakeel iii. Daleel.
(Right to legal representation, to present reasoned evidence, to change to a conviction).
Origin:
Murderous Outrages Regulations (FOR):
 Enacted by the British Empire to prosecute crimes in British India in 1867 (Murder).
 It was specifically enacted to counter the opposition of Pashtuns to British Rule and to protect the interests of the British Empire.
 Was re-enacted in 1873 with minor modifications.
 1877  Ghazi Act.
 1902  FCR.
 1947  FCR  added the clause that residents can be arrested without specifying the crime.
Clause – 21: Collective punishment for family or tribe members for crimes of individuals liable to punishment
Tribal Chiefs:
 The federal govt. can cease property etc.
 Can restrict FATA Tribe members from entering into settled areas.
 Section – 2  Tribal procedure in civil/criminal matters.
 Section 8 & 11  demolition of and restriction of construction of hamlet, village or town in NWFP.
 Section 31 Method of arrest and detention.
 Section 38, 39Security for good behavior.
 Section 40, 42  imposition/collection of fine.
 Section 22-27 violation of constitution.
 Article 247 FATA residents cannot overturn FCR.
 Administrator  Political Agent.
Initiative for reforms:
2008: Yousaf Raza Gillani, PM tried to diminish FCR but in vain.
2002: Musharraf LG system (in vain).
2011: Asif Zardari Passed a law and made some amendments in FCR i.e;
i. Cannot arrest female, boy below 16 years and old 65 and above for collective punishment.
ii. No collective punishment.
iii. Right to appeal from APA to PA
 Committee 06 members headed by Sartaj Aziz.
Committee’s Recommendations:
Main 04 reforms:
i. Maintain statusquo but introduce judicial/administrative reforms and increase focus on developmental activities.
ii. Create FATA council on the pattern of Gilgit Baltistan.
iii. Create separate province of FATA.
iv. Integrate FATA with KP, each agency becoming a separate district of FATa and FRs.
 Public Opinionmerge with KP.
 Writ of Supreme Court to be established.
 Finish toll/tax system.
FATA Merger:
 On January, 24, 2007, the Federal Govt. decided to merge FATA with KP.
 FATA Reforms Committee proposed in 2016, a set of “Parallel and concurrent” political administrative judicial and security
reforms as well as a massive reconstruction and rehabilitation programme to prepare FATA for merger.
 By March 2017, the federal cabinet approved the merger of FATA with KP and other reforms.
National Implementation Committee on FATA Reforms:
 On December 18, 2017, NIC on FATA Reforms chaired by PM endorsed FATA merger and agreed to let FATA elect 23
members to the KP Assembly in July 2018 elections.
 The NIC also decided to remove controversial sections of the FCR.
Constitutional Amendment:
 On 25th May 2018, the National Assembly of Pakistan passed a bill to enact the thirty first Amendment to the Constitution of
Pakistan, which calls for the merger of FATA with KP.
 Vote in favour of 229-1.
 The sole dissenter was Dawar Kundi of PTI.
25th Amendment to the Constitution of Pakistan:
 Officially known as “The Constitution Twenty Fifth Amendment Act, 2018.
 Formerly, 31st Amendment Act, 2018.
 Passed by the Parliament in May, 2018.
 Senate  25th may 2018 (71-5 votes).
 N.A  24th May 2018 (229-1 vote).
 KP 27th May 2018 (87 votes).
 Introduced by  Chaudhry Mehmood Bashir (Law Minister).
Amendments:
 Article – 1 (Territory)
 51 & 59 (seats in NA & PA)
 106, 155 & 246.
 247 (repealed)
 62
 Abolishes FCR
 Package of 856 million to a 10 years plan for rehabilitation, reconstruction & infrastructure of FATA.
Seats after Amendment:
Previously
National Assembly 336 342
General Women Total FATA 12
16 4 20 Balochistan 20
45 10 55 KP 49
141 32 173 Punjab 173
61 14 75 Sindh 75
03 - 03 Fed. Govt. 03
266 60 326 Total 342
Senate:
 96 (previously 104)
KP Assembly:
General Women Minorities Total
115 26 4 145
99 22 3 124