THE LEAGAL STATUS OF FATA, THE PRE AND POST FCR

SITUATION IN FATA

CHAPTER-01

INTRODUCTION

INTRODUCTION:

As The Federally Administered Tribal Areas (FATA) was a semi-autonomous tribal

region in North western Pakistan that existed from 1947 until being merged with
neighbouring province Khyber pukhtunkhwa in 2018. It consisted of seven tribal
agencies (districts) and six frontier regions, and was directly governed by Pakistan's federal
government through a special set of laws called the Frontier Crimes Regulations. It bordered
Pakistan's provinces of Khyber Pakhtunkhwa and Baluchistan to the east and south,
and Afghanistan's provinces of Kunar, Nangahar, Pakita, khost and Paktika to the west and
north. The territory is almost exclusively inhabited by the Photon, who also lives in the
neighbouring provinces of Khyber Pakhtunkhwa and Northern Baluchistan, and straddle
across the border into Afghanistan. The people of FATA are Muslims in majority.

The fATA is a part of Pakistan and regulated under the FCR from the colonial time till
merger with kpk recently , FATA is still in limbo after nearly 70 years; the region is part of
Pakistan, but its inhabitants have been denied their political and civil rights. Neither the
country’s parliament nor its judiciary has any jurisdiction before the merger in KP. It is the
bureaucracy that calls the shots in these tribal areas. The legal status of Fata according to
constitution of Pakistan is type of Territory of Pakistan and treated under the FCR like
colonial did and not under the constitution of Pakistan; the status of FATA needs to be seen
in the wider context of the political machinations of the British in India. British India was not
a monolith state; rather, it comprised of areas with different forms of government and hence
statuses, which suited the colonisers and not to FATA.

The first constitution of Pakistan, in March 1956, provided for a parliamentary form of
Government for the rest of Pakistan but did not bring any change in the political and
administrative set up of tribal areas. In 1962 constitution article 223 kept tribal areas outside
the jurisdiction of Central and Provincial laws owing to their peculiar conditions and
problems. Special powers of legislation were given to the Governor of the Province in which
the tribal area was situated. The Governor with the approval of the president was empowered
to make, repeal and amend any regulations or could amend any central and provincial law for
the whole or any part of the area. Under Article 247 of the Constitution of the Islamic
Republic of Pakistan 1973, the Federally Administered Tribal Areas (FATA) falls under the
executive authority of the Federation. In terms of Article 247 and the linked SRO 109 issued
on 25-06-1970, administrative powers with respect to FATA vest in the President of Pakistan
who has appointed the Governor, North West Frontier Province, to act as his Agent for the
FATA. The political agent confers the status to his favourite and loyal with the formal
consensus of commissioner. The colonial system of political administration has been
continued rather strengthened with marginal changes.

FATA Azad Qabail, this status was conjured up by the British, which helped create the false
illusion that the people of the area were actually free and independent. This propaganda not
only quelled resistance to British rule but also helped them rule the region with more ease.
And clearly, the narrative was so firmly entrenched in the nation’s mind, that it has not only
outlived the British, but continues to thrive long after their departure.

After 1947, Pakistan adopted the colonial way of controlling FATA instead of mainstreaming
it. By virtue of the instruments of accession that they signed with the new country, the tribal’s
were guaranteed that as long as they remained loyal to Pakistan, and the government would
not intervene in their affairs. However, the freedom or independence of the tribes was not
categorically stated anywhere in the agreements.

The proponents of the theory of Azad Qabail posit that with the withdrawal of troops from
North Waziristan, as ordered by Jinnah after the partition of India, Pakistan conceded the
semi-autonomous status of FATA.

As to the legal position on the status of FATA, the Supreme Court, in the Superintendent
Customs, Torkham Vs Zewar Khan Case, observed that the tribal areas are an integral part of
Pakistan. No one has challenged this position, including Achakzai’s PKMAP.

Recently in 2018, considering the status of FATA seriously by the government , passed a bill
called KPK-FATA marger bill. Under This merger bill the FATA should be merge in KPK
and become a part of province. This merger solve the question” STATUS OF FATA” which
was pending since 70 years. In 2018 25th amendment was made in the constitution of
Pakistan the FATA become part of KPK assembly and give a representation to FATA in
nationl assembly of Pakistan and also a proportional seats in KPK assembly. In short the
FATA was reffered as azad qabail and only a territory, after the 25th amendment in 2008
constitutionally and leagally part of KPK province.

Before the merger of FATA with KPK the situation of FATA is completely different from the
remanning parts of Pakistan. The people of fata was deal under the black law of British
commonly called the Frontier crime regulation 1901, under this rules the people of FATA
was deprived from three fundamental rights like citizens are deprived of appeal, wakeel and
daleel (respectively, the right to appeal detention, the right to legal representation, and the
right to present reasoned evidnce). In short FCR is in complete contradiction with human
rights. The whole administration system is in control of the political agent nominated by the
president of Pakistan. There were no judicial system, high courts and the supreme court of
Pakistan have no jurisdiction regarding the Fata, inspite of courts there was JIRGA system
which deals the issue in fata. The security situation in Fata before merger was not good. In
early times ther was safe and secure situation but with invasion of soviet union on
Afghanistan the situation of security started critical, especially after the incident of 9/11 the
Fata was consider as the epicentre of militants activities and safe haven of terrorism and
declare as place threat to the world peace. The government of Pakistan did military operation
in FATA for long time and finally restore the peace after 2014.

After the repealing of FCR and merger of FATA with KP in 2018, the administration system
is given to the deputy commissioners and assistant commissioners like in other provinces of
pak. The people of Fata from onward the merger have all fundamental rights like right to
vote, self government, appeal, etc. the government approve the establishment of courts in
Fata also CPC, CrPC, and other law will be applicable to these court and fata shall be deal
under constitution of Pakistan inspite of the Fcr. The 25th Constitutional amendment extends
the jurisdiction of Supreme Court of Pakistan to Fata. The law and order situation is far better
and stable as compared to time prior to merger.

RESEARCH QUESTIONS:
1: What is the legal status of FATA prior and post repealing FCR in 2018?

2: What was the situation of FATA prior to the repealing of FCR?

3: What is current situation of FATA after merger with KP?

AIMS AND OBJECTIVES:

1: To answer the question related to the legal status of FATA which was in limbo.

2: To examine the overall situation of Fata prior to the Merger with KP.

3: To discuss the effect of merger in KP on FATA.

RESEARCH METHODOLOGY:
The study conducted will be quantitative as well as qualitative in nature. I will use secondary
sources for collection of data to satisfy my research objectives. To answer research questions
I will take help from the authentic and related books, article of qualified authors in different
publications, study journals, visit different google sites, help from Wikipedia and so on.
Auxiliary sources will be utilized for writing audits. I have considered some books for
satisfying the legal status of Fata.

CHAPTERIZATION:
My research assignment will include five essential chapters.
CHAPTER 01

Research Proposal

 INTRODUCTION
 Research Questions
 Aims and objectives
 Research design
 Chapterization
 Bibliography

CHAPTER 02

Legal and Constitutional Status of FATA

 INRODUCTION
 SPECIAL STATUS
 IMPERIALIZATION
 LEGAL AND CONSTITUTIONAL STATUS OF FATA IN PAKISTAN
 MERGER WITH KPK
 STATUS AFTER MERGER
 CONCLUSION

CHAPTER 03

Situation of Fata before Repealing Of FCR

 INTRODUCTION
 LEGAL FRAME WORK
 ADMINISTARTION OF FATA
 JIRGA SYSTEM
 HUMAN RIGHT SITUATION
 SECURITY SITUATION
 CONCLUSION

CHAPTER 04

Effect of Merger with KP on FATA

 INTRODUCTION
 EFFECT OF MERGER OF FATA WITH KPK
 AMINISTRATION OF FATA
 HUMAN RIGHT SITUATION OF FATA
 JUDICIRY SYSTM INTRODUCED
 CONCLUSION
CHAPTER 05

 SUMMERY

BIBLIOGRAPHY:
 Ali, S. S & Rehman, J. (2001). Indigenous People and Ethnic Minorities of Pakistan:
Constitutional and Legal Perspective. New York: Routledge.
 Baha, L. (1978). NWFP Administration under British Rule 1901-1919. Islamabad:
National Commission on Historical and Cultural Research. Embree, A. T. (1977).
 Pakistan's Western Borderlands: The Transformation of a Political Order. Durham:
Carolina Academic Press. Government of Pakistan. (2011).
 Frontier Crimes (Amendment) Regulation, 2011. Joseph, Sarah & Castan, M. (2013).
 Ministry of Law and Parliamentary Affairs (1973). The Constitution of the Islamic
Republic of Pakistan (1973). Islamabad.
 Afridi, L. (2004). The Impact of FCR, paper presented at a seminar organized by Area
Study Centre, University of Peshawar and Hannes Seidel Foundation, Germany, in
Peshawar.
 Aziz, K. (2010). The Reform of the Frontier Crimes Regulation (FCR) and
Administration of the Tribal Areas of Pakistan. Retrieved on November 15, 2014
from http://khalidaziz.com/2005/11/11/the-reform-of-thefrontier-crimes-regulation-
fcr-and-administration-of-the-tribal-areas-ofpakistan-part-1/
 https://newslinemagazine.com/magazine/status-fata-myths-realities/
 CHAPTER 02

THE LEGAL AND CONSTITUTIONAL STATUS OF FATA

2.1 INTRODUCTION:

Federally Administrated Tribal Area (FATA) is a semi-autonomous region in the northwest

of Pakistan. It borders with Afghanistan in the west and Balochistan in the south. The FATA
includes seven agencies and six frontier regions1. The six frontier regions are administrated
by the FATA Secretariat based in Peshawar and reporting to the Governor of Khyber-
Pakhtunkhwa. The total population of the FATA estimated to be about 3.5 million people,
which is 2% of Pakistan's population. Only 3.1% of the population lives in cities, thus it is the
most rural administrative unit in Pakistan (Nawaz, 2009). People living there are dominantly
Pashton “Pakhton” in tribe and speak Pashton language. The semi-autonomous status of the
region has remained from the time of British Indian agreement when “the Indian independent
Act 3 June 1947 abrogated all the special treaties. Pakistan opted not to base troops in the
FATA region because 200 Maliks, during a Loya Jirga, signed an instrument of accession
with Mohammad Ali Jinnah…in return for continued allowances and subsidies” (Shinwari,
2010).

Before the merger of Fata historical evidence, legal precedents and present ground realities
negate the claims of those who think of FATA as a distinctively semi-autonomous region.
Constitutionally, FATA is still in limbo after nearly 70 years; the region is part of Pakistan,
but its inhabitants have been denied their political and civil rights. Neither the country’s
parliament nor its judiciary has any jurisdiction. It is the bureaucracy that calls the shots in
these tribal area. The constitution of Pakistan referred Fata as territory of Pakistan but not
regulated under the constotuion of Pakistan or other prevailing laws like cpc, crpc etc. fata is
regulated under the black law of british called frontier crime regulation. The people have no
fundamental rights, it has no access to the supreme court of Pakistan or any other court of
Pakistan. Fata has no representation at provincial as well as national level.

After the merger of Fata with KP in 2018, the status of Fata which was in limbo, solve in
constitutional sense and become part of kpk. After merger fully access is given to people of
fata to enjoy his basic rights, also the proper representation is given in national and kp
assembly.

2.2 Land and People of FATA:

Federally Administered Tribal Areas (FATA) of Pakistan refers to the North Western
Borderland of Pakistan. It is a narrow belt stretching along the PAK-Afghan border,
popularly known as the Durand Line, named after Sir Mortimor Durand, who surveyed and
established this borderline between Afghanistan and British India in 1890-1894. FATA
accounts for 27220 Sq Kms or 3.4% of Pakistan's land area, comprising seven Agencies
namely: Kurram, Khyber, North Waziristan, South Waziristan, Bajaur, Mohmand, and
Orakzai along-with six Frontier Regions (FRs): FR-Peshawar, FR-Kohat, FR.Bannu,
FR.Lakki, FR. D.I.Khan, and FR.Tank. All tribal agencies have a common and contiguous
border with Afghanistan, except Orakzai Agency. 1 According to the 1998 census the
population of FATA was 3.138 million or 2.4% of Pakistan's total population, currently
estimated approximately 3.5 million. Various Pukhtun Muslim tribes inhibit 1 FATA
Sustainable Development Plan (2006-2015). A small number of religious minorities, Hindus
and Sikhs, also inhibit some of the tribal agencies

2.3 Land Tenure and Classification:

Amongst Pukhtun tribes traditional land distribution known as weshwas carried out by
Shaikh Mali around 1530 AD. It proceeded in a hierarchy based on tribal organisation: First
the tribe or Quom which had occupied a territory, then, clan since tribe comprised various
clans or Khel, to sub-clans (tapa), to kandae and to plareena (plural of father) to plar. Plar in
Pukhtu means father, many families having a common ancestor are known as plareena/Bajar.
In Shaikh Mali‟s land distribution, land owner Pukhtun tribesmen were known as davter,
there were also some land given to kasabgar (rendering services such as barbar, washman,
cobbler etc.) and clerics, known as tserai, in return for their services to the tribes. Davter land
was hereditary, while tserai was conditional to the continuation of services to the tribe. There
are still some collective lands (Shamilat) of the clans and sub-clans, which are at times, the
source of dispute between tribes or clans. Kurram is the only Agency of FATA that has land
settlement and revenue record. The first land settlement in Kurram was carried out in 1905.
Another settlement took place in 1943-44. The prevailing land settlement is of 1943-44. In
Khyber and other agencies land record is oral, but well known in the area.

Classification of Areas
Formal / Informal
 Classification Significance

Settled Revenue Land Administration

Unsettled

Protected Legal Administrative

Unprotected

Accessible Physical

Inaccessible

Special Areas Pre-Independence Classification for FATA

Merged Areas Mostly Present PATA

Administered Areas Settled Area

Un-administered Areas Unsettled Areas

Protected Or
Unprotected

2.4 Special Status of FATA:

Continuing a colonial legacy, the constitution of Pakistan grants the area a special status.
Under Article 247 of the Constitution of the Islamic Republic of Pakistan, 1973, the Federally
Administered Tribal Areas (FATA) falls under the executive authority of the Federation. In
terms of Article 247 and the linked SRO 109, issued on 25-06-1970, administrative powers
with respect to FATA vest in the President of Pakistan. He appoints the Governor, North
West Frontier Province, to act as his Agent for FATA to exercise executive authority in these
areas, in such manner and to such extent as the President may direct from time to time. The
Agent to the President is assisted in his functions by such officers, as may be appointed for
the affairs of FATA.

2.5 RATIONALE AND IMPERIAL LEGACY:

In the nineteenth century, Afghanistan and the adjacent tribal areas remained focus of
attention of imperial powers, such as the British, Russia, Germany, Persians and the
Ottomans. British policy in the Northern frontier of India was influenced by the imperial
rivalry with Russia. British initially followed a close border policy but from 1878- 1901, they
vigorously pursued a forward policy. It was the period of rapid Tsarist expansions, Khiva,
Bukhara and Farghana had been subdued. The way Bukhara and Samarqand fell, it seemed,
Kabul and Kandahar would also fall to Russians, endangering eventually the British imperial
holdings in Northern India. In 1874, during Prime Minister Disraeli‟s rule, Britain decided to
build a strategic line of defense against Russian penetration in Central Asia and beyond. 19
To safeguard imperial borders against Russia, the British gained control of the Khyber,
Kurram and Bolan passes. However, controlling Pukhtun tribes, the inhabitants and owners
of these passes, became a gigantic problem. Troops could protect the settled districts, such as
Peshawar, well enough. When they moved into the hills, the casualties were high, expenses of
supply enormous, and the offending tribesmen remained elusive. A column of several
thousand men could, at best, accomplish the destruction of an empty fort or an abandoned
village. Unable to subdue the fierce tribes, the British avoided assuming responsibility and
the resultant cost to administer trans border area, hence, did not declare it an integral part of
the empire. However, to keep the passes open, to protect the settled districts, to deter external
aggressor and to gain influence in the trans border area, the British developed a more
complex system. This partially resembled that of the system of Moguls: the tribes were
controlled through (1) subsidies, (2) playing one clan against another, and (3) hostage taking
for future good behavior. The whole tribe or Khel were to be held responsible for the wrong
doing of individual member. Also punitive military expeditions were carried out occasionally
to punish the offending tribes and to demonstrate British authority in the area. This system of
administering the area, by the British, seems to be the beginning of a „special status ensuing
concessions/privileges, collective territorial responsibility, FCR and „so called‟ tribal
autonomy. Despite subsidies, blockades and subversion the tribals remained intractable: From
1849-1878 there were 40 expeditions into the hills. These expeditions followed, what Sir
William Barton, calls “burn and scuttle” policy. Since the troops seldom had an opportunity
of an open battle with the tribesmen, fields were burned, houses destroyed, fruit trees cut
down, and in a few classic cases the ground was ploughed with salt. For the British, it served
to deter tribes from disregarding British regulations but in tribal eyes, the expeditions in most
cases simply increased e weight of badal to be taken against the British. Following forward
policy, during 2nd Anglo-Afghan War, the British expelled Afghan forces from Khyber and
Kurram, as a consequence of Treaty of Gandamak, in 1879. The Amir Abdurrahman,
perturbed at the advances of the British, had to agree and accept Durand Mission.“The
boundary line was agreed upon from Chitral and Baroghil Pass up to Peshawar, and thence up
to Koh-i-Malik Siyah [the trijunction of Persia, Afghanistan and Balochistan] in this way that
Wakhan Kafiristan, Asmar, Mohmand of Lalpura, and one portion of Waziristan [Birmal]
came under my rule, and I renounced my claims from the railway- station of New Chaman,
Chagai, the rest of Waziri, Biland Khel, Kurram, Afridi, Bajaur, Swat, Buner, Dir, Chilas and
Chitral” narrated Amir Abdurrehman. The 1897 tribal uprising has been understood as a
revolt against forward policy.After 1893, it was possible to think of a tribal belt under British
control between Afghanistan and the administered border of India, a belt of which the limits
were defined on both sides, east and west, and well known to all concerned. In the agreement
the line was not described as the boundary of India but the frontier of the Amir‟s dominions.
The line beyond which neither side would exercise interference. British Government did not
intend to absorb the tribes into their administrative system. They wanted to extend their own
and exclude the Amir‟s authority in the territory east and south of the line. in 1899, resumed
close border policy to reduce expenditure on military activity, and to keep tribal territory as a
“march-land Regular troops were withdrawn and militias/scouts were raised in Waziristan,
Kurram, and the Khyber. The security of the tribal area was handed over to militia units such
as Khyber Rifles, the Samana Rifles, and the Tochi scouts. Subsidies were increased, and
development of communication and transportation system provided work for the tribesmen.
The political agents were given almost complete responsibility for their agencies, who,
reported directly to the agent to the Governor General. Frontier Crimes Regulation (FCR)
1901 was used extensively. In 1919, during the Third Afghan War, another tribal uprising
erupted. Earlier, new Bolshevik Russian Revolution had also surfaced threatening the Orient.
Large troops were sent to tribal area in 1919-29, followed by construction of road system,
linking: Wana, Razmak, and Miranshah. Also were established, permanent garrisons in
Razmak, Miranshah and Wana, reorganising militia system. 30 In theory, the modified
forward policy, also known as, Razmak Policy, was limited to Waziristan only. Still large
cantonments were established at Wana and Razmak and troops re-entered tribal area, beyond
the administrative border. In 1921, railroad linking Peshawar and Fort Jamrud was pushed up
to Landikotal. In 1922, the Razmak Policy was approved by the North-West Frontier Enquiry
Committee and it became known as “peaceful penetration”, “control from within” and
remained effective till the end.31 This new forward policy, tried to assure that instead of
military conquests it shall bring the hill tribes, benefits of civilization and economic
improvement.32 However, little changed, the prevailing climate of force and suppression,
continued. Few services were offered in health and education and no significant change
occurred in the primitive living conditions of the tribes.33 It seems the successor state,
Pakistan, inherited that policy towards FATA, and has been continuing above mentioned
imperialist policy, with insignificant alterations. Following the Simon Commission, though
self government was introduced in other parts of India but not in N.W.F.P., and tribal areas. It
was believed that Pathans were neither capable of democratic self government nor interested
in it. The right to vote for every adult male and female over the age of 18/21 was
continuously denied to the tribes under one or other pretext by the state of Pakistan even
when it was able promulgate its first 30 Spain, 1963, democratic constitution in 1973.
Presidential Order only allowed a few privileged/cronies the right to elect.34 Adult Franchise
was introduced as late as 1996 in FATA, only to elect the members of NATIONAL
ASSEMBLY.

2.6 AZAD QABAIL STATUS:

The idea of calling the people of FATA Azad Qabail was conjured up by the British, which
helped create the false illusion that the people of the area were actually free and independent.
This propaganda not only quelled resistance to British rule but also helped them rule the
region with more ease. And clearly, the narrative was so firmly entrenched in the nation’s
mind, that it has not only outlived the British, but continues to thrive long after their
departure.

After 1947, Pakistan adopted the colonial way of controlling FATA instead of mainstreaming
it. By virtue of the instruments of accession that they signed with the new country, the tribals
were guaranteed that as long as they remained loyal to Pakistan — the main plank of these
agreements — the government would not intervene in their affairs. However, the freedom or
independence of the tribes was not categorically stated anywhere in the agreements.

The proponents of the theory of Azad Qabail posit that with the withdrawal of troops from
North Waziristan, as ordered by Jinnah after the partition of India, Pakistan conceded the
semi-autonomous status of FATA. The communication between the then governor of NWFP,
and Liaquat Ali Khan reveals that the withdrawal of troops from Waziristan by Pakistan was
not because of respect for the freedom and autonomy of the tribes, as is popularly believed,
but because of the strategic necessity to deploy these troops on the border with India.

2.7 Constitutional and Legal Status of FATA:

The first constitution of Pakistan, in March 1956, provided for a parliamentary form of
Government for the rest of Pakistan but did not bring any change in the political and
administrative set up of tribal areas. In 1962 constitution article 223 kept tribal areas outside
the jurisdiction of Central and Provincial laws owing to their peculiar conditions and
problems. Special powers of legislation were given to the Governor of the Province in which
the tribal area was situated. The Governor with the approval of the president was empowered
to make, repeal and amend any regulations or could amend any central and provincial law for
the whole or any part of the area.The system of Basic Democracy in Ayub Khan‟s era was
extended also to tribal areas and representation was granted in national and provincial
assemblies of Pakistan. One member each from an electoral college of basic democrats was
elected to the national and provincial assemblies.

Under Article 247 of the Constitution of the Islamic Republic of Pakistan, the Federally
Administered Tribal Areas (FATA) falls under the executive authority of the Federation. In
terms of Article 247 and the linked SRO 109 issued on 25-06-1970, administrative powers
with respect to FATA vest in the President of Pakistan who has appointed the Governor,
North West Frontier Province, to act as his Agent for the FATA. The right to vote for every
adult male and female over the age of 21 is denied to the tribes under the President‟s Order
No.1 of 1975 called, the “Preparation of Electoral Rolls (FATA) Order, 1975”. By this order
only Maliks and Lungi holders are registered as voters by the political agent not the people.
The political agent confers the status to his favourite and loyal with the formal consensus of
commissioner. The colonial system of political administration has been continued rather
strengthened with marginal changes. Adult Franchise was introduced in 1996 to elect
National Assembly members on non-party basis. Political Parties Act has still not been
extended till this date.

As to the legal position on the status of FATA, the Supreme Court, in the Superintendent
Customs, Torkham Vs Zewar Khan Case, observed that the tribal areas are an integral part of
Pakistan. No one has challenged this position.

2.8 MERGER OF FATA WITH KP:

Introduction After the passage of 25th 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
16th October, 2018. 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.

2.9 25TH AMMENDMENT OF 1973 CONSTITUTION:

President Mamnoon Hussain on Thursday signed the 25th constitutional amendment bill
seeking the merger of Federally Administered Tribal Areas (FATA) with Khyber
Pakhtunkhwa.

After signing the bill, the president congratulated the people of FATA and KP.The president
is yet to sign the 31st Constitutional Amendment Bill, 2018 which will dissolve Article 247
of the Constitution. As per Article 247, the executive authority of the Federation shall extend
to FATA and PATA (Provincially Administered Tribal Areas).

As soon as the president signs the 31st Constitutional Amendment Bill, 2018, the control of
FATA Interim Governance Regulation, 2018 would be handed over to the KP government.

On May 28, the president had signed the ‘FATA Interim Governance Regulation, 2018’.

Earlier, the Khyber Pakhtunkhwa Assembly passed the KP-FATA merger bill after it being
already approved from the upper and lower chambers of the parliament.

On May 25, the Senate approved the constitutional amendment bill on the merger of Khyber
Pakhtunkhwa and FATA.

The National Assembly had passed the “Constitution (Thirty-First Amendment) Bill, 2018”
with over two- thirds majority paving the way for the merger a day earlier. Two hundred and
twenty-nine members parliamentarians voted in favour of the constitution amendment while
one voted against it. The bill was opposed by government-allied parties Jamiat-e-ulema-Islam
(JUI-F) and Pashtoonkhwa Milli Awami Party (PkMAP).
The amendment will bring an end to colonial-era laws governing the Federally Administered
Tribal Areas (FATA), extending the writ of Pakistani courts to its districts and increasing
development assistance to its residents.

2.10 CONCLUSION:

In a net shell, before Pakistan came into existence FATA had a colonial status under British.
The Fata was run under the black law called frontier crime regulation. After the independence
of Pakistan these tribal areas inter into agreement with Pakistan under which Fata was
declared as the AZAD QABAIL, under this agreement people of Fata was free to do what
they want but remain loyal to Pakistan and government will not intervene in it. As for the
legal status is concern the first constitution of Pakistan 1956 did not provide any thing
regarding fata. In constitution of pakistan1962, article 223 kept tribal areas outside the
jurisdiction of Central and Provincial laws and Special powers of legislation were given to
the Governor of the Province in which the tribal area was situated. In 1973 constitution of
Pakistan the FATA come under the executive authority of federation and in article 1 fata was
consider as territory of Pakistan. After the 25th amendment in 2018, fata was merged in KP
province and become part of kp assembly, proper representation in legislation was given in
both provincial and central level.