Showing posts with label FATA. Show all posts
Showing posts with label FATA. Show all posts

Aug 15, 2009

Pakistan Lifts Longtime Ban on Political Activities in Restive Tribal Areas

ISLAMABAD, Pakistan — President Asif Ali Zardari announced Friday that he was lifting a longtime ban on political activities in the restive tribal regions in the northwest, hoping to reduce the influence of the Taliban and Islamic militancy in the areas.

The seven semiautonomous tribal regions have never been fully incorporated into the country’s legal and political system. They are instead still governed by a set of 100-year-old rules, known as Frontier Crimes Regulations, dating from the British empire.

Rights groups have long denounced the rules as draconian and Pakistan’s political parties have urged the government to do away with them, calling them a dark legacy of British colonial rule.

“Today, I am announcing the permission of political activities in the F.A.T.A. to bring them into the main political stream,” Mr. Zardari said in a live broadcast, referring to the Federally Administered Tribal Areas, as the region is formally known.

Mr. Zardari chose a symbolic moment to make the announcement: the eve of the national holiday marking Pakistan’s 62nd year of independence from the British Empire.

But analysts here said the announcement also seemed timed to coincide with a visit by Richard C. Holbrooke, the Obama administration’s special envoy for the region, who is scheduled to arrive in Islamabad on Saturday.

The ban on political activities and parties had created a vacuum that was increasingly exploited by militants and religious extremists, allowing the Taliban and Al Qaeda to tighten their hold on the region as they mounted attacks on tribal elders and the area’s political overseers appointed by the central government, analysts and political workers here have said.

“Now, political parties can organize themselves in the tribal areas and political process can start,” said Sheik Mansoor Ahmed, an official of the governing Pakistan Peoples Party. “It was a longstanding demand.”

Farhatullah Khan Babar, the spokesman for Mr. Zardari, said that under the Constitution, the president was empowered to make regulations for the tribal areas, giving him the authority to lift the ban.

The reform package now envisages broad and fundamental changes in the colonial-era regulations, which had given the officials administering the areas, called political agents, unbridled power and authority.

Under the reforms, arbitrary arrest of men, women and children would be curtailed; a special judicial commission similar to a high court would be set up; and the finances of the political agents would be audited.

Still, the announcement was not welcomed uniformly.

Mr. Zardari’s coalition partners sharply distanced themselves from it.

“We were not consulted,” said Muhammad Zahid Khan, a senator belonging to the Awami National Party, A.N.P., a nationalist party that leads the government in the North-West Frontier Province.

“Whatever good or bad comes out of this decision, we do not own it,” he said.

Rights groups and analysts expressed concern over the lack of accord between the Pakistan Peoples Party and its coalition partners.

“The lack of agreement between the coalition partners would mean that the changes would become controversial and the whole process would not remain smooth,” said Ibn-e-Abdu Rahman, a director of Human Rights Commission of Pakistan, a private group.

“So far, as permission for political activities is concerned, it is a very healthy development,” he said. “It is an advance and would enable the people to gradually come out of the stagnant tribal relations.”

But he warned that there were still some vested interest groups in the tribal regions “that do not want complete democratization of the areas.”

Ahmed Rashid, a journalist based in Lahore and the best-selling author of the book “Taliban,” said he felt that the changes were introduced now under pressure by the United States and Britain.

“It is a good move,” Mr. Rashid said, “but I wish it had been done a year ago.”

Aug 14, 2009

Far-reaching Fata Reforms Unveiled

ISLAMABAD: President Asif Ali Zardari announced on Thursday political, judicial and administrative reforms for the tribal areas, allowing political activities in Fata, setting up an appellate tribunal, curtailing arbitrary powers of political agents, giving people right to appeal and bail, excluding women and children from the territorial responsibility clause and envisaging audit of accounts by the auditor general.

Addressing a ceremony held in the Presidency to mark the 62nd Independence Day, the president announced the reforms package that had been worked out in consultation with all stakeholders and approved a day earlier in a meeting. Prime Minister Yousuf Raza Gilani attended the meeting.

‘President Asif Ali Zardari tonight announced major legal and political reforms in the tribal areas to extricate them from a century of bondage and subservience and usher them into the mainstream of national life, describing it as a gift to the nation and the tribal people on the nation’s 62nd Independence Day,’ said presidential spokesman Farhatullah Babar.

He said the reforms envisaged extension of the Political Parties Order of 2002 to the tribal areas and changes in the century-old anachronistic Frontier Crimes Regulation (FCR) to make it responsive to human rights.

After amendments to the law approved on Wednesday, the powers of arbitrary arrest and detention without the right to bail had been curtailed, he said.

‘The FCR was a draconian law under which there was no provision of appeal, wakeel or daleel (lawyer or reasoning) against the orders of the executive,’ the spokesman said.

The tribesmen were subject to the whims of administration officials as people were arrested and kept in jail for years without trial under the FCR, he said. A person could be sent to jail for three years without trial. The jail term could be extended indefinitely.

Under the territorial responsibility clause, women and children were being jailed.

The administration will have no arbitrary powers of arrest as checks have been placed on them. The accused shall be brought before the authority concerned within 24 hours of arrest. They will have the right to bail.

Women and children below 16 years of age shall not be arrested under the Collective Responsibility Clause of the FCR.

The changes lay down a time limit for disposal of cases.

The spokesman said a major initiative was in the field of judicial reform.

The package envisages setting up the Fata Tribunal with powers similar to those of the high courts. The tribunal shall have powers of revision of orders and judgments of the appellate authority.

The spokesman said the funds received and disbursed by political agents would be audited by the Auditor General of Pakistan.

In his address, President Zardari said Pakistan was created through a democratic struggle and it would be made strong and prosperous through democracy.

‘As we celebrate we should also pause and reflect whether and where we are going. Unfortunately, over the years as democracy was trampled, an extremist mindset was allowed to grow. I don’t want to go into who nurtured the militants and how they were aided. It is all too well known.’

The militants, he said, posed the greatest threat to the country as they were out to destroy the very fabric of society. ‘They want to impose their political and ideological agenda on the people of Pakistan through force and coercion. They reject the state, the Constitution, democracy and, indeed, our very way of life,’ he said.

He said the government had tried negotiations but the move was rejected. ‘Now they are on the run. The nation stands united and all parties and parliament have rejected militants and militancy. Our valiant defence forces stood up against this new and great threat to the country,’ he said and thanked parties, parliament, the people and the forces.

The president congratulated the nation and said that millions who had fled their homes in Swat and Malakand had started returning home. ‘But a bigger challenge awaits us. In the long run we must defeat the militant mindset to defend our country, our democracy, our institutions and our way of life.’

Praising the people of tribal areas, the president said they were being governed by a hundred-year-old obsolete system of administration that did not allow their creative potential to come into full play.

He said the law had been changed in accordance with the aspirations of the people and democratic principles.

http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/13+far-reaching+fata+reforms+unveiled-za-12