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Protection Cluster Mission Report Return monitoring in Parachamkani, Central Kurram

3 - 5 December 2013

Route from Avidara to Sarpakh Parachamkani, Central Kurram

PAKISTAN

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1. Introduction and scope of the mission

Parachamkani is located in the mountainous area of FATA Kurram Agency, adjacent to Afghanistan’s eastern province of Nangarhar. The area is remote and the population is predominantly Sunni, largely belonging to the Chamkani, Musazai Khar, Khazi Khel and Palash Khel tribes. During the first few days of May 2013, the area saw intense clashes between Non-State Armed Groups and the Pakistan Army. Jointly with the Frontier Corps, the Army launched a joint operation at Koh Sufiad (White Mountain) against the Non-State Armed Groups. According to media and military sources, the operation lasted for 34 days during which the security forces regained control over the territory. Registration figures show that some 10,600 families were displaced from the area as a consequence of the clashes and the military operations. However, based on consultations with IDPs during the displacement phase and with returnees, there are reasonable grounds to believe that the number of displaced could have been higher, including families that fled preventively from areas adjacent to those directly affected by the military operations. The large majority of the displaced population (some 84%) were hosted by local communities, mainly in Lower Kurram, while some families went to New Durrani camp, where a registration and assistance hub was set up immediately after the arrival of the displaced population1. In mid-June, the FATA authorities declared that the military operations in the Parachamkani were completed, that the area was safe for return and announced their intention to organize the return of IDPs as soon as possible with the support of the humanitarian community. While some families had already begun returning spontaneously during the previous weeks, on 17 June all previously notified 29 villages, where the majority of the registered IDPs originated from, were de-notified by FDMA and the Return Task Force activated plans for the organized return process. At the time of the return, the Protection Cluster undertook a series of consultations with both the departing population and the first returnee families in Parachamkani to better identify the voluntary and well-informed character of the return, the intentions of the remaining population, and the immediate needs of the returnees in their areas of origin. The results were summarized in a Briefing Note2 shared with the authorities and the humanitarian community and which highlighted conclusions and recommendations for all stakeholders. Amongst those recommendations, the Protection Cluster highlighted the importance for the authorities to invest in rehabilitation work in the areas, which had been severely under-developed already before the conflict and the displacement. Based on the consultations with the affected families, it was recommended that particular attention be paid to targeting health and education facilities, with special consideration for the female population. In addition, the Protection Cluster recommended that the sustainable character of the return and the protection challenges of the returnee population continue to be monitored, and advocated the safe and unhindered access of humanitarian actors to the affected areas3.

1 According to registration data from UNHCR ad the Government of Pakistan, 10,636 families were registered (1,695

families in camp, i.e. 16% of the registered IDP families; 8,941 families in hosting arrangements, i.e. 84% of the registered IDPs). See UNHCR/ GoP “Update on IDPs from Parachamrani – Central Kurram, 18 June 2013. 2 See Protection Cluster - Parachamkani displacement: Return intentions in area of displacement and first consultations with returnees,

July 2013, available on the Protection Custer Web Site. 3 Ibid., page 17

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July 2013: returnees on their way to Parachamkani/ Photo UNHCR

Based on these recommendations, the Protection Cluster requested and received permission from the authorities to undertake a three-day return monitoring mission from 3 to 5 December 2013. Following up on the recommendations of the earlier mission, the objectives of this initiative were to provide an overview of the post-return situation in Parachamkani by consulting with a number of returnees as well as local authorities and make recommendations aimed at informing future humanitarian and early recovery plans as well as at providing evidence for protection advocacy interventions. As per usual modalities of intervention, the Protection Cluster team was a composite one, gathering representatives of the Protection Cluster leading Agencies (UNHCR and IRC) as well as by a team of national NGOs members of the Protection and Child Protection Areas of Responsibility (BEST, CERD, EHSAR and PVDP). The mission opted for a two-prong strategy: monitoring and observations on the ground, and a series of Focus Group Discussions (FGD) and consultations in areas of return with returnee families.

Table 1 – Mission Itinerary (3-5 December 2013)

Date Place Activity

3rd December Travel to Parachinar, Central Kurram

Internal meeting, planning Meeting with Assistant Political Agent

4th December Central Kurram, Parachamkani area

Meeting with Political administration and visit to villages in Parachamkani (Tabbah, Kharaki Pass Mela, Dadwas, Awidara Sarpakh)

5th December Travel back to Peshawar

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Mission Area (highlighted)

Table 2 – Overview of the Consultations with male returnees in Parachamkani area

Date Village Age Group Total population Consulted 13-17 18-59 60+

4.12. Tahiti 0 15 5 20

4.12. Tahiti 4 23 9 36

4.12. Tahiti 6 24 8 38

4.12. Pass Mela 7 15 0 22

4.12. Pass Mela 4 17 0 21

4.12. Pass Mela 7 30 3 40

4.12. Sarpakh 2 14 0 16

4.12. Sarpakh 3 10 0 13

4.12. Sarpakh 9 24 0 33

GRAND TOTAL

42 172 25 239

Unfortunately, the monitoring teams could not include any female staff and this affected substantially the choice of type of respondents and therefore the topics of the consultations. Given the prevailing

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cultural sensitiveness, no woman could be approached and issues related to the situation of women and girls were largely part of the overall discussion undertaken with the male members of the communities. 1. Main Findings

a. Return Process The process of return was organized by the FATA Disaster Management Authority (FDMA) and supported by the Political Administration and the Frontier Corps. The return process started from 21 June 2013 and lasted 12 days until 1 July 2013. The mission inquired on few basic aspects of the process and the findings did not differ substantially from the earlier mission in July. Four consulted groups of returnees (in Taktai Kalai, Kaza Kalay and Sarpakh villages) stated that the notice prior to the return was only 5-10 days, and that families did not have enough time to adequately prepare all their belongings. The same groups also highlighted that information on the return process and on the general situation in areas of return was not adequately communicated by the government authorities. A greater part of the consulted returnees (eight out of nine groups) reported that the majority of the families decided to return with all their members, while a small number noted that only the head of household returned back to assess the situation, with women, children, and elderly left in previous areas of displacement.

4 According to the information received from FGD participants, the initial return occurred as preparatory step for the construction of the houses. In the three villages visited, the community reported that 70% of the families have returned while 30% are still in the area of displacement. In six out of nine FGDs conducted, the respondents said that the main source of information on the return process was the local elders, the political administration and family relatives. IDPs already possessed some information about the situation in their place of origin, mainly received from Government authorities, local elders, and relatives inside the New Durrani camp or from relatives and elders from neighbouring communities. Returnees expressed suggestions to the authorities for improving the general organisation of the return process. Specific mention was made about the necessity to enhance support measures and logistics arrangements for persons with specific needs, in particular children, older persons and persons with disabilities. A majority of the consulted persons noted that they had arranged their own transportation and had not received any transportation compensation from FDMA.

b. General situation in areas of return, freedom of movement and security There was a general consensus amongst the nine community groups consulted that the situation in areas of return was safe and that returnees currently feel protected and secure. However, some of the consulted members expressed that their safety is conditional on the presence of army and security forces in return area. All nine groups of respondents reported that presently there is no presence of Non-State Armed Groups in Parachamkani and no related security concern to the local population of the area.

4 Returnees mentioned the areas of Margai Cheena, Sadda, Sateen in Kurram Agency, but also Kohat, Hangu, Peshawar, in

KP.

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When asked about freedom of movement in areas of return, all consulted groups reported that there is no restriction on movement at present. Nonetheless, families are reportedly regularly asked for documents at military check points, mainly for CNICs or registration documents (VRF). Families that lacked CNICs reported that they felt some degree of discomfort at checkpoints as a result of excessive questioning and verifications. On the way to Parachamkani, the mission noted several checkpoints that the population has to cross before entering their area of origin. These checkpoints are guarded by the local khassdar (local police) and by paramilitary forces. In the Parachamkani area, the mission participants had to cross three checkpoints (Tabah, Khaza and Sarpakh) under the supervision of the Pakistani Army. It was observed that the Army regularly checks identity documents and keeps records of all those who are passing through the checkpoints. At other check posts, which were managed by the local khassdara and paramilitary forces, they do routine checking. It was reported by the community that at these check points the security forces mainly screen identity documents and that they have no knowledge of any returnee having been detained. When asked about the occurrence of security incidents in the period after return, the majority confirmed that no serious security incident had occurred to date. In few cases when some incidents were mentioned, returnees largely referred to internal tribal issues regarding land or even family disputes. As for the main protection mechanisms adapted by the community, returnees highlighted the role of the Army as the main security provider as well as other traditional tribal mechanisms, such as self-protection mechanisms involving male members of the community. This practice is common in the whole of the tribal belt but in Parachamkani specifically in Tabiah and Pass Mela. The role of the jirga was also often emphasized as a very important forum to resolve disputes among tribes. During consultations in Sarpakh, the community reported that an incident of abduction took place during the conflict, where the relative of a tribal leader was taken by the armed opposition groups. The individual was later released on payment of 4.5 million Rupees in ransom. Concerning the presence of land-mines in the Parachamkani area, the majority of the consulted groups mentioned that they were not aware of a widespread presence of such devices. However, near Daya village in the vicinity of Pass Mela, the presence of UXOs (mortar shells, grenades) was detected and a child from Pass Mela was reported to have been killed by a UXO. None of the consulted groups of returnees mentioned having received any form of detailed Mine-Risk Education (MRE). According to the information provided, returning families were briefed on MRE by the Army when the return started, but the lack of presence of humanitarian actors in areas of return has not allowed for more targeted MRE interventions, including through community outreach and child friendly messaging/ campaigns.

c. Specific concerns of women and children Due to the composition of the mission and the cultural sensitivities in the area, direct interviews with women and girls could not be conducted. However, some issues related to the situation of women in the return areas were discussed in the interviews with male residents of Parachamkani. Consulted returnees reported the presence of women headed households (WHHs) amongst the returnees and estimated that WHHs may represent between 2% and 4% of the returned families. In general, however, their presence was reported to be low. It was noted that a small number of WHHs are present in the village but due to social, and cultural norms, extended families take care of them. Consulted returnees reported that WHHs returned to the area only when accompanied by male relatives such as uncles or brothers. Returnees felt that the main concern for these women would be

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to receive adequate assistance, particularly food and some financial assistance if available. Other groups largely reported that WHHs have similar needs common to all returnee women such as access to services, particularly health, access to education for their children and psychosocial assistance. It was noticed that due to the heavy damage to some of the health facilities during the conflict the availability of health services for women had further decreased. This is particularly problematic for pregnant women, as they have to travel from Parachamkani to Sadda to access such services. Since travel in the area is already challenging due to the road conditions, this represents an additional risk for women.

Medical facilities in the area

Mission area circled in black

When asked if women or children in the community have particular concerns regarding their safety and security, a majority of consulted returnees, including adolescents who were amongst the respondents, stated that at present the situation is stable, but the fear that military operations and fights may restart still remains high amongst the returnees. When asked about the situation of violence against girls and women in areas of return, several of the interviewed males admitted the general existence of domestic violence, forced marriages, honour killings and sexual harassment (there was reportedly a case of domestic violence which was brought up during one of the focus group discussions) though they did not report in detail any specific incidents. When asked to whom such cases may be eventually reported, returnees mentioned that such cases are reported to the village jirga which is comprised of Maliks and other elders of the village. Due to a lack of female staff among the mission participants, all information came from male FGD participants and could not be investigated in more detail.

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Regarding how the situation and the life of women and children had changed if compared to the pre-displacement situation, almost all the groups reported that there are no major changes, also in light of the short cycle of displacement and the relatively short time spent away from their communities. However, a few consulted returnees highlighted an increase of distress and anxiety, particularly amongst women and children. This information was provided only by men as no consultations with women could have been conducted. Cases of separated/ unaccompanied children or cases of missing children in connection to the displacement and the return process were not reported. In one FGD, the consulted community mentioned that a child was separated from his family during the displacement but it was later reunited after return with the help of villagers who are residing nearby and they knew the family of the lost child. Consulted returnees were also asked about instances of forced recruitment of children by Non-State Armed Groups. No such cases emerged from most of the consultations, though in the village of Khaza, the consulted group reported that four children were forcibly recruited by the militants before the conflict erupted. Unfortunately one of the children died during the fighting between militants and Army, while the whereabouts of the other three children are still unknown. The family members have searched for them but still do not have any information regarding their current state or location. The families noted that the incident was also reported to the political administration at the time. According to the FGD participants, the children were recruited forcefully in Pass Mela village near Khaza. Regarding the main challenges for children in the areas of return in Parachamkani, there was a clear consensus amongst all consulted groups that the lack of education and health facilities are the primary concerns. However, this situation seems to have pre-dated the conflict and the displacement. The destruction of some of the existing facilities aggravated the situation. As per the results of a survey conducted by political administration after the conflict occurred, the completely damaged government institutions in Parachmakni were as follows: schools in Tkahtai, Machaki Kali, Pass Mela Tabai, Taktai (two schools, 1 for girls), Sam Khkak (both schools for boys), Avi Dara (both for boys), Zarghona High school, Kimal Baza (3 schools), Sar Pakh Gulzara (girls school), Sam Khkak and Sam Khkak Tabai (3 schools). Due to the heavy damage to the educational facilities, school-age children present in the area currently have no possibility to resume their education. Returnees requested the rehabilitation of the schools – including through emergency-type of interventions - in order to restart the education of their children as soon as possible. The mission reported that some school reconstruction was indeed ongoing under the initiative of the political administration and political leaders and the senators’ fund in Tabaha and Pass Mela villages where reconstruction work is continuing.

d. Other returnees with specific needs

During the consultation sessions in Parachamkani, the respondents confirmed the tendency for persons with disabilities to be looked after by their families or extended family members. However the lack of specialized services in the areas, including the provision of mobility-enhancing equipment like wheel chairs, crutches, and prosthesis, continues to be seen as a major obstacle for a proper and dignified life for persons with disabilities. Almost all the consulted groups noted concern for the lack of this type of support in areas of return, linked also to the absence of support from the Social Welfare Department. The same situation was also reported for the older population in areas of return, worsened by the insufficient medical facilities.

e. Relations amongst the returnee communities

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In all consultations, returnees reported that the relations within the communities have not deteriorated during the displacement and after the return they continue to be relatively good. One of the groups in the village of Sarpakh even admitted that now the community is more collaborative and supportive towards each other due to the shared experience and challenges faced during displacement. However, traditional pre-conflict disputes in the community still persist, particularly over land, road access, water and crops. When asked about the general relations between the civil authorities and the returnees after return, some grievances emerged in three discussions. The community felt neglected by the authorities as some of the commitments made before the return did not materialise. For instance, several communities highlighted not having received reimbursement for the transport costs incurred during the return process (3,000 to 5,000 Rupees); only part of the returnees (those who had been living in camps) received the amount. In addition, none of the consulted returnees seemed to have received the return compensation of 25,000 PKR initially committed by FDMA. According to the information received by the administration, a survey would start in the area as a pre-condition for the compensation, but the survey has not yet started. In some instances, however, returnees expressed that some signs of improvement in relations with the local authorities has also been seen, with some groups reporting a more supportive attitude than before the displacement.

f. Personal/Civil documentation and legal assistance

The mission tried to assess the magnitude of the problem of lack of civil documentation and the consequences faced by the returnees. It was mentioned during the FGDs that the majority of returnees need civil documentations such as CNICs, including for some returnees who are considering going abroad for labour work, and would need a CNIC to get a passport. In some of the visited villages (e.g. Tabah), returnees reported the destruction and loss of CNICs also as a consequence of the conflict. There was also no reported tendency to obtain marriage and birth certificates among the return community, since customary practices prevail. Reportedly, the one of the challenges in obtaining documents was also the absence of the relevant issuing authorities (NADRA) in Parachamkani, and consequently the distance that returnees have to cover to have access the competent authorities. This entailed extra transport costs accompanied by the document issuance fees. It was reported by the majority of the consulted groups that it takes 2-3 days stay in lower Kurrram (Sadda) for the initial registration to obtain a CNIC. In addition, returnees reported to receive insufficient information from NADRA on procedures to re-acquire the lost documentation, causing further delays. Finally, some cases of bribery (up to 20,000 rupees) to public officials for the facilitated release of documents was also mentioned, but the information remains unverified. Legal assistance turned out to be largely unavailable in areas of return and could not be accessed by the consulted population. A number of returnees obtained some form of redress and alternative dispute resolution support from the political administration and the local jirga system.

g. Land and property issues of return community All returnees consulted through the FGDs reported having access to their land and their home after the return. However, in some cases, this access did not translate into the possibility to reside in their accommodations due to the partial or total damage to the buildings. No military occupation of private land and houses was reported, at least in the areas of origin of the consulted returnees. Only one houses, a one-room building near a check post at Khaza village, was occupied by the security forces, with the consent of the family.

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All FGDs reported that most people have farm land and can currently access it. Only in a few groups the presence in the community of landless people was reported, and a number of returnees are said to be working for daily wages through labour work or working abroad. All groups reported the presence of land disputes in the community and amongst tribes, although not as a result of the recent displacement but rather as long-term contests, mostly related to land boundary issues. Those disputes are generally addressed through the local elders, jirgas and the authorities, and more specifically the Political Agent. Almost all the returnees consulted had received information on the government compensation programme, including a cash grant of 25,000 PKR and house compensation. The information was received from the local leaders based on the same programme of Government assistance disbursed in Orakzai agency. The majority of the consulted returnees reported that they did not apply for the compensation but they said that the political administration had conducted a survey in the area in one Tahati village only. Only in Pass Mela it was noted that the returnees did not seem to be fully aware of the application process. As a consequence of the lack of support from the local authorities in form of compensation, and the lack of shelter projects implemented by the humanitarian community, returnees admitted that most of the reconstruction work of their accommodation was self-supported.

h. Livelihood and access to services

As in the past mission in July, from the discussions with returnees, it emerged that communities have lost significant parts of their resources during the displacement. However, to aggravate the situation, returnees reported a substantial loss of livestock, which was an essential asset before the displacement. Returnees have received the food assistance of three months – as agreed at the time of return by the Return Task Force in view of the fast cycle of displacement. However the communities still requested more food assistance to guarantee a sustainable return, since they are still unable to start livelihood activities. Some of the returnees have cultivated their land, though a majority are working as day labourers.

Access to Services

Health: Health services were reported to be mainly absent in the areas of return by almost all consulted groups. Most people from the Parachamkani area travel to Sadda/Lower Kurram or to Parachinar to reach medical assistance. This situation seems to pre-exist the displacement but returnees also frequently reported that the few basic health facilities in the area have also been affected by the conflict. Reportedly, one BHU in Avidara has been destroyed by the militants, and has not been rehabilitated by the authorities. In additional, as per the survey conducted by the Political Agent after the conflict, the civil dispensary in Kimal Baza and one BHU in Samkhkak were destroyed. However, some are under construction in Tabah village proper and Pass Mela by the local administration and senators funds. In addition, 2 BHUs and one civil dispensary was also rehabilitated by local organization through CERF funding, one BHU at Angori, one BHU Makhlani and one civil dispensary at Gondal in the Parachamkani area.

Education: The presence of schools in the areas seems to vary according to the location. Returnees reported either the lack of facilities or specifically the lack of facilities for girls, who cannot be admitted in boys’ schools. In Sarpkhan the schools were intact but lack teachers and adequate school materials. Five of the schools visited in Tatahti, Tabah, Pass Mela, and Khaza areas were damaged by the conflict. The damaged schools are still under construction in Tabah, Khaza and Pass Mela by the political administration and parliamentarian funds and there are no

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alternative education facilities for children. In some areas, it was reported that children sit in the open air when they are learning.

Water: All consulted returnees reported that water is generally available from the natural water

springs, although in some cases considerable distance needs to be covered to fetch it. In Sarpakh area the water sources were heavily affected by the conflict, especially the irrigation channel and drinking water supply. The urgent need for repair was highlighted both for irrigation of land and secondly for drinking and normal consumption purposes.

Transport Facilities: The large majority of the consulted IDPs are negatively affected by the general lack of transport facilities to reach available services, a condition already present in the area before the conflict.

Overall, however, the lack of health and education services was felt as the biggest gap by all the consulted communities. 2. Coordination Meetings with Political Administration/FDMA and Army Representatives The mission team held a series of coordination meetings with representatives of the Political Administration of central Kurram Agency, FDMA field staff, and with the Army personnel based in the Tahati, Khaza and Sarpakh areas. The assistant political agent said in the meeting that the administration has conducted an initial survey of the Parachamkani area and has assessed the damages incurred in the area due to conflict in terms of the number of damaged rooms per house. Villages assessed by the administration include: Sam Khkak, Tabai, Tapo Kali, Pore Mela Sam, Pitao Kali Tabai, Star Kali, Machaki Kali, Tiyara Mela, Kata Kanri Tabai, Dobki Tabai, Gul Jawas Tabai, Pass Mela, Pass Mela Pore Ghar, Shandawoni, Khaza Tabai, Khaza, Bazey, Laghary Bazay, Takhtai, Kalaye Sar, Dadwas, Star Ghundai, Avidara, Babae Zangi, Mosa Zangi, Zando Pati, and Zara Banda. Until now there have been no compensation schemes for returnees in the area, as the Political Administration is still waiting for the funds from the government. The authorities consulted asked the mission participants to consult the humanitarian community in the provision of shelter and in restarting livelihood activities in the area. In addition, during the meeting with security officials at the check post at Tahiti, the security forces requested support for transitional/ emergency schools to allow the children to restart their education. When the mission inquired about the security situation in the area, the civilian and military authorities affirmed that the situation is stable and the area is fully under the control of the Government authorities. Recommendations:

Five months after the return of the displaced population, the current situation in Parachamkani still presents some challenges to the sustainable character of the return. While the area seems to enjoy stability and a good degree of security for the communities (mainly due to the presence of the military), other aspects of the situation are still of concern and trigger a series of recommendations for the authorities and the humanitarian community: The authorities should be able to conceive a concrete plan for the rehabilitation of the area. While it

is encouraging to understand that some schools and health facilities are being rehabilitated, those should be part of a broader intervention, which includes full rehabilitation of those facilities and strengthening of livelihood and income generating opportunities, including through livestock and agricultural inputs;

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An assessment of the food security situation should be conducted by the Food Security Cluster, considering the request from the returnees to prolong the provision of food due to the lack of alternative livelihood and income generating opportunities;

The Government should urgently activate the system of compensation for damage houses and properties, to support the activities of shelter reconstruction but also to guarantee equitable assistance to all returnees to FATA. Such compensation should be accompanied by a clear information campaign on the process, the timing, the documentation, to guarantee equal access to assistance by all returnee population;

The Government should accelerate the reconstruction of schools and should plan increased interventions to better serve the female population, who is currently excluded from any learning opportunity. While the constriction is terminated, some emergency education measures may be put in place, including by the Education Cluster. It is also essential that education is accompanied by school feeding projects, to increase resilience;

The Government should invest in the reconstruction and the strengthening of health facilities in the whole Parachamkani area, particularly for women, to avoid exposing them to unnecessary health risks by travelling to far destinations on precarious roads (e.g. for pregnant women). The Government should also make all possible efforts to increase female health personnel, such as midwives, health community workers, to better reach out to women and girls, including in support to reproductive health activities.

The authorities should reinforce their capacity to expand MRE community sessions in areas of return, with the support of Protection Cluster actors (Child Protection in particular), with a specific focus on the areas where incidents have been reported and with child-friendly messaging and techniques to reach out to boys and girls;

The presence of NADRA should be reinforced in the areas of return, with possible mobile initiatives, including education and awareness on civil documentation;

The Government should cooperate with Protection Cluster partners to ensure availability of integrated protective spaces and protective activities for children and women, including psychosocial support;

Coordination between the civil and military authorities shall be enhanced, in order to ensure good coordination and improve freedom of movement for the civilian population, especially with no obstruction at check-points;

Safe and unhindered access should be provided to the humanitarian community to continue monitoring the situation and the challenges – including protection-related – for the returnee population in the area and inform evidence-based recommendations, including for humanitarian interventions;

Protection actors should make all possible efforts to ensure the presence of female protection staff should in the future monitoring missions, in order to reach-out to the female returnee population and highlight issues/concerns of women and girls and more information on the well-beings of persons with specific needs.

END Protection Cluster Pakistan, January 2013

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Photos of the mission

Destroyed Government Primary school at Tabiah village, Parachamkani

Destoyed BHU at Avidara area

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Focus group discussion

Focus group discussion

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Mission Area