Federally Administered Tribal Areas (F A T A)
ByFazal Akbar
DMG Probationer atCivil Services Academy
LahoreDated: 9th March, 2011
Aurakzai Agency
Bajaur Agency
Mohmand Agency
Khaibar Agency
Kurram Agency
North Waziristan Agency
South Waziristan Agency
Seven Agencies
FR Peshawar
FR Kohat
FR Bannu
FR Lakki Marwat
FR Tank
FR Dera Ismail Khan
Six Frontier Regions
The Agencies were set up by the British in
18th and 19th centuries, when the closed-
door and Forward Policy did not achieve the
desired objectives.
History
Article 246. Tribal Areas:
(c) Federally Administered Tribal Areas includes
(i) Tribal Areas adjoining Peshawar district; (ii) Tribal Areas adjoining Kohat district; (iii) Tribal Areas adjoining Bannu district; (iiia) Tribal Areas adjoining Lakki Marwat
distt:(iv) Tribal Areas adjoining Dera Ismail Khan (iva) Tribal Areas adjoining Tank District;
Constitutional Status
(v) Bajaur Agency;
(va) Aurakzai Agency;
(vi) Mohmand Agency;
(vii) Khyber Agency;
(viii) Kurram Agency;
(ix) North Waziristan Agency, and
(x) South Waziristan Agency.
Article 247:
President has the power to make
regulations for good governance in FATA
Parliament cannot make a law unless the
president so directs
High court and supreme court have no
jurisdiction over FATA unless parliament by
law so provides
Article 51:
National Assembly…..12 Seats
Article 59:
Senate………………. 8 Seats
Seats in Parliament
Administrative System
The administration is run through PA, APAs,
Tehsildars, Khassadars, security forces
(Levies or Scouts) and Maliks.
The tribal administration and system of
justice is based on the concept of territorial,
tribal (collective) and protective
responsibility.
Adjudication is through the Jirga system,
which is something the tribesmen
comprehend and accept.
The substantive law is the Pakistan Panel
Code, 1860, whereas, the Frontiers
Crimes Regulation, 1901 is the
procedural law.
Administration takes cognizance of only
those offenses, which are committed in
protected areas
Does not generally interfere in the offenses
occurring between the tribes in the tribal
territory of which no cognizance is taken
The Maliks used to work as medium
between the administration and “Qaum”.
Head of the Agency Administration
Accountable to Provincial Governor
Coordinates nation building departments
Controls tribesmen through a system of
territorial responsibility
Does not interfere in the affairs of
tribesmen
Political Agent
Interferes only in grave situation
Functions as a District Magistrate and Session Judge
Has executive, judicial and revenue powers and has the responsibility of maintaining law and order and suppressing crimes in the tribal areas
Political Agent while administering affairs of
an agency, is assisted by a number of
Assistant Political Agents, Tehsildars
(administrative head of a Tehsil) and Naib
Tehsildars (Deputy Tehsildars), as well as
members from various local police
(Khassadars) and security forces (levies,
scouts).
Political Tehsildars and Political Naib-
Tehsildars are in charge of Tehsils and their
main duty is to control the tribes and to
maintain law and order. They deal with all
cases occurring in the protected area of
their respective Tehsils.
Land revenue administration in some parts of
the Agency is carried on exactly on the same
lines as in the settled districts of Pakistan.
The political agent plays a supervisory role for
development projects and chairs an agency
development sub-committee, comprising
various government officials, to recommend
proposals and approve development projects.
He is responsible for handling inter-tribal
disputes over boundaries or the use of natural
resources, for regulating the trade in natural
resources with other agencies/the settled
areas.
He also serves as project coordinator for rural
development schemes. The PA also acts as
each agency’s development administrator.
• The Frontier Crimes Regulations 1901, popularly known as FCR is one of the major components of the administrative system of justice in Tribal Areas.
• It is the supreme law in FATA and other civil and criminal laws are not extended. It serves all purposes both of procedural as well as substantive law.
Legal and Judicial System
• No right of appeal to the High Court or
Supreme Court exist. Until 1997, the
Commissioner acted as a revisional court
but in 1997 it was amended and turned into
appellate forum and the powers of revision
of the Commissioner’s verdict were given to
the tribunal consisting of secretaries of
Home and Law Department.
• The FCR is a subject of frequent criticism as
being a draconian law which is oppressive
and subject to misuse. It is one of the most
highly controversial parts of the tribal
system of administration.
• Section 40, Collective Responsibility Clause
It is basically a procedural law and not a
substantive law, nor can it be considered
comprehensive in its coverage of all the
parameters of the modern laws.
The FCR is a direct contravention of the
Constitution of Pakistan, 1973, as well as
the Juvenile Justice System Ordinance
(JJSO), 2000, the Universal Declaration of
Human Rights (UDHR), 1948, the Covenant
on Civil and Political Rights, 1966, and the
Convention on the Rights of the Child (CRC),
1989.
No right of engaging a counsel or defending
one’s rights has been given
There is no audit of the funds received by
Political Agent
Theoretically, PA is responsible to Governor
for his duties but the practice is different.
Law and order situation in FATA
Malik System
Terrorism
Problems of FATA
FCR-The draconian law
Discrimination on the part of Govt
Poor or no education (22%) (Women 7.5%)
Poor health facilities
Power shortage
Poverty
Poor infrastructure
Absence of democratic institutions
No economic activities
No extension of jurisdiction of High Court
and Supreme Court to FATA
Thank You