Integration of FATA into KPK; Challenges & Way Forward

Transcription

1 Integration of FATA into KPK; Challenges & Way Forward Riphah Institute of Public Policy (RIPP) in collaboration with Tribal Youth Organization Pakistan Organized Round Table Conference on Integration of FATA into KPK; Challenges & Way Forward Dr. Rashid Aftab 10/16/2018

2 Introduction After the passage of 25 th constitutional amendment, the Federally Administered Tribal Areas (FATA) constitutionally stand merged into Khyber Pakhtunkhwa (KPK). However the decision that was taken at the end of the outgoing PML-N led government has left a lot of questions to be answered. To that end, the government formed a high-powered task force on the FATA-KPK merger to identify gaps, loopholes and impediments hampering the smooth sail of the merger process. The Governor KPK heads the task force. The area that was lagging behind in almost all the development indicators further suffered due to militancy in the recent past. During the decade long militancy the area suffered a lot both in terms of men and material. The infrastructure got damaged and the area saw a huge mass displacement as a result of militant activities and subsequent military operations. The basic objective of the FATA merger was to plug in the political vacuum that existed in FATA since long and provide a workable and efficient legal and administrative structure to the people of the marginalized area. Achieving the desired results would, however; require huge financial and administrative commitments on part of the federal government but as well as provincial governments over the period. Is the government ready to take up the challenge? Do we have the required resources in hand? To debate and discuss these questions, One-day Round Table Conference on Integration of FATA into KPK; Challenges and Way Forward was jointly organized by Riphah Institute of Public Policy (RIPP) in collaboration with Tribal Youth Organization Pakistan and at RIPHAH International University, ETB campus, Islamabad on 16 th October, The objective of one day conference was to bring together; parliamentarians, civil society, and media leaders, leading policy and governance experts, security experts, political analysts, academicians

3 and scholars to discuss and debate the modalities of FATA merger with KPK and its implications and work out the recommendations as way forward. Key Dynamics of the Conference: FATA merger with KPK and its implications. The progress made so far on the government s pledges towards mainstreaming the region. New Governance structure. Institutional capacity Special status of FATA and its advantages. The proposed 3% share in the NFC award Elections to the local bodies and provincial assembly seats reserved for the tribal districts.

4 SPEAKERS Minister Ms. Zartaj Gul MNA PTI Minister Nur-ul-Haq Qadri Minister Religious Affairs Dr. Rashid Aftab Director RIPP MNA Muneer Khan Orakzai MNA JUI MNA Sajid Mohmand MNA PTI Mr. Saleem Saffi Journalist Mr. Farhat Ullah Babar Ex-Senator Mr. Ajaml Wazir Member PTI Advocate Ijaz Khan Mohmand President FATA Lawyer Forum Mr. Hasan Khan Ancherperson AVT Khyber Mr. Ayaz Wazir Former Ambassdor Brigadier Nazir Saeed Mohmand Agency Dr. Ghazal Khalid

5 Zartaj Gul Ms. Zartaj Gul who is a current Minister and a member of National Assembly of Pakistan cleared that FATA and South Punjab cannot be compared. People of FATA have chosen the path of merger for themselves. Tribal people have their own voice and it is the matter of life and death. Priority should be given to the life of people. She also discussed in detail about women empowerment in Pakistan. Nur-ul Haq Qadri Minister of religious affairs said that reforms have to be done on this matter. Some amendments can also be done again in the reforms. Steps for the FATA merger has to be taken one by one i.e Reforms + Merger. All provinces are ready for 3% NFC. Merger will not lose the present advantages. Nisar Khan Mohmand PML N and PTI both governments are not sincere on this debate. While dealing with Afghanistan FATA would be totally ignored. A task force for the FATA-KPK merger was formed but this is a faulty task force. Habib-Ullah Khan is a part of this and stated on record that he is not in a favor of this merger. This problem (FATA merger) wont be solved easily as the current government did not put any amount in budget. Dr. Rashid Aftab He highlighted the key challenges for the mainstreaming FATA during the process of its merger with KPK. There exist a vacuum that how and when this merger will take place into one coherent administrative body through revamping of the administrative and legal systems and compatible to KPK constitutional, legal and administrative system. The proposed three per cent allocation from the National Finance Commission has to be ensured and forthcoming election and enactment of local bodies system has to be ensured. Further the participation of the FATA population through their true representative must be ensured otherwise serious repercussion will emerged.

6 Hassan Khan Tribal Youth organization is the only hope to help realize the dream of mainstreaming FATA. Things are on the pause when it comes to FATA. CM KPK should have to play the prime role which he doesn t. PM wants to take the matter further but the people of FATA should also be involved. Provincial elections should be conducted. Mini-Parliament can be established to indulge people. When FATA s women and bureaucrats should be involved then only can FATA be main streamed. Brigadier Nazir Saeed Shortcoming of the conference is that it lacks representation of people of FATA. People of FATA have seen no democracy funds due to lack of mainstream. Explained in detail what sector should be targeted to develop. 5 lac houses to IDPs among 50 lac Technocrats and Parliamentarians of FATA should be included in talks, conferences and dialogues. Munir Khan Orakzai Merger occurred in hurry when PML N was to leave government. KPK and Sindh government gave hurdles in NFC but now they have no way to give when government focuses it. Even if the money is released who will used them properly on FATA? PM wants local government to play the effective role in using NFC money but delimitation is now seen. Provincial government is not capable for doing this act. If this process is halted then not just FATA but Pakistan will also suffer as people oppose them. Even army should have to come forward for support. Interim governance is just like FCR. It cannot be made quickly, these things take time. Take people in confidence so they can accept police and other changes. Task force has no one representative from FATA. FATA needs money to start things like judiciary and police. Real problem is money.

7 Ajmal Wazir The problem of FATA merger was left by previous government. Please let us come in mainstream we will then make provinces no one listened and we are suffering haste. 5 December provincial elections will be finalized. PM is highly supportive of this. A new ordinance is on way to increase seats of FATA in assembly. Just wait for PTI just like you wait for others. Dr. Ghazal Khalid I agree that the government is new but I am worried for people who are dying. FATA needs an organization to bring development partners. Highlight and raise awareness among the people. Farhat-Ullah Babar Interim governance is worse than FCR. At first it was said that this governance can be amended by provincial government but it was later changed that it can only be amended when merger is completed. This is like a fraud. It is important that elections are held. PTI should review the regulation. Regulation ignores women on whole. KPK system of local bodies is good, extend it to FATA. Demand war reparation needs so we can meet financial needs. Bring refugee law. Address Afghanistan issue verifiable mechanism. Land should be owned like it is owned in gilgit. Ayaz Wazir We does not support FATA merger into KPK because FATA is like a widow who was mad to marry KPK without any consent. Just focus on making FATA a separate province rather than merging into KPK. Firstly we have to take FATA people in confidence. CM was elected from KPK so Governor should be from FATA. Saleem Safi This uphill task will require huge financial resources and sharp coordination between all the agencies including SAFRON, FATA Secretariat, The Army

8 Formations and FWO and NLC. There is no need of the task force and no role of federal agencies was effectively played in the FATA-KPK merger. Provincial assembly of KPK has full power to change. Administrative complexity Discussion KP and Fata are congenital twins with different body functions. KP has a defined constitutional, legal and administrative system, albeit somewhat weakened by decades of frequent tweaking, not to mention the reign of militancy, which has not only diluted executive authority but also undermined the latter. However, Fata ruled directly by the federal government through executive powers invested in the president, has its own administrative system, largely unaccountable, a system that resembles fiefdoms with individual political agents. How these two entities can be merged into one coherent administrative body would be achievable with the revamping of the administrative and legal systems. Additionally, the status of Fata employees, governed by different rules, including those serving under a presidential order, must be looked into. This would require the extension and assertion of state authority, along with revising the administrative structure to bring it in sync with the one prevalent in KP. The recommended plan provides for the creation of 20,000 levies force posts to perform police functions in the tribal areas. But it fails to provide any timelines as well as budget commitments. Political and electoral integration By far the most pressing challenge, legislation for electoral integration is yet to be made. Recommendations include representation from the tribal region in the KP assembly in the 2018 elections. That said, the government would need to wait for the outcome of the national population census resulting in the delimitation of national and provincial assemblies constituencies, including those in Fata before going ahead with electoral integration.

9 The tricky part is how this will be achieved. How can Fata remain within the ambit of Federally Administered Tribal Areas and still be able to elect representatives to the KP assembly without the executive authority of the (KP) province actually extending to those areas? What impact will this have on representation in the provincial assembly, the National Assembly and the Senate? Other than having Fata representatives in its provincial assembly, KP will have no control over the political and administrative affairs of Fata. This is an anomaly that would need to be overcome through amendments in Article 1, Article 59 and Article 106 of the Constitution. But so far there is no indication of that happening. Constitutional anomaly Possibly the most mind-boggling issue is how to keep Fata under the federal government s administrative control during the five-year merger plan while allowing it to elect representatives to the provincial assembly, thus effectively paving the way for the final merger with the chief minister of KP having no executive authority over the tribal region during the transition period. These are inter-contradictory terms. Critics have warned that any attempt to convert Fata into a Provincially Administered Tribal Areas (Pata) would be risky given KP s history of struggling to mainstream its own Pata. Short of a full merger, there should be no other option. This, of course, cannot be done when all other key elements required including administrative, judicial and security infrastructures are not in place. Resources allocation and development The proposed plan envisages a three per cent allocation from the National Finance Commission, while the federal government would continue to foot the bill for the Annual Development Programme for ten years. The plan provides for a committee headed by the governor of KP and constituting parliamentarians from KP and Fata.

10 Way Forward Democracy and institutions need to be strengthened and encouraged and political solutions have to be found. For FATA, the most important step is to bring the area into National Mainstream. Administrative and political problems needs to be resolved, particularly the colonial system of administration needs to be reorganized. Substantial socioeconomic developments are the need of time. Dialogue needs to be encouraged and tribesmen should be taken on board as their support is required. The newly-formed taskforce must work out the modalities for and early materialization of the merger and provincial Govt KPK must take proactive measures for the operationalization. The key elements required including administrative, judicial and security infrastructures must be chalked out. Constitutional anomaly may be worked out. Resource allocation under NFC may be reached to define its share of at least 3%.

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