31st Amendment

UNLIKE Swat, Dir and Chitral, which were merged in 1969 by Gen Yahya
Khan, the architect of the Fata-KP merger was a democratic government, in
consensus with the military. Following successful military operations in the
area, the constitutional amendment to merge Fata with KP may finally
bring relief to its people.

The 31st Amendment will bring legal and administrative changes and alter
the territorial, demographic and political dynamics of the area under direct
administrative control of KP — which has seen its total area increased to
101,741 square kilometres and population size to 32 million.

Historically, even after 1971, Pakistan remained an overcentralised

federation unwilling to devolve its powers. While the 18th Amendment and
continuity of democracy has encouraged a healthy trend towards smaller
administrative units, in this regard, merger was the only strategically and
financially viable option. Nonetheless, its success will encourage debate
about the creation of new provinces.

The amendment will reduce seats in the upper and lower houses of
parliament. Fata’s 12 existing NA seats will go down to six (the NA’s total
seats will go from 342 to 336). Senate seats will also reduce from 104 to 96.
With 21 seats in the KP Assembly, the total will increase from 124 to 145. In
KP, Fata’s women and minorities will have reserved seats. But Fata’s
electoral history suggests that affluent independents and clergy will try to
exert influence over KP’s governance, which could lead to political
instability. And though the president’s and governor’s indirect remote-
controlled powers have been brought to an end, increased political
awareness may lead to a call for a more defined power-sharing formula
between KP’s settled and tribal districts.

Change in Fata’s status alone may not pay dividends.

A constitutional amendment alone may not pay dividends; hence,
administrative reconsolidation is inevitable. Harmonising KP’s and Fata’s
units will be a gigantic task. It may be advisable not to disturb Fata’s
administrative limits initially, but certain steps (including creating new
units) are unavoidable. A practical option is to annex Fata’s seven agencies
with adjoining divisions and six frontier regions with adjoining districts.

Given that the centre pledged Rs100 billion for Fata’s development, the
reforms’ success will depend on friendly working ties between the central
and provincial governments. Without this, the province may not be able to
sustain the financial burden.

The merger effectively eliminates the strategic buffer along the Durand
Line, bringing KP directly in the line of fire from the Afghan border. The
Levies and khasadars will have to be reorganised and merged to improve
border management, and the Frontier Constabulary’s mandate too will
have to be redefined. Merger will also eliminate ungoverned spaces once
used by violent non-state actors, thus spawning the need for a modern
police to ensure stability in Fata and the settled districts.

Tribes entitled to perks and privileges under the old system may resist the
merger. In KP, job applicants from Fata already compete in zone ‘one’, but
they may look for protective measures for federal jobs. Merger may also
affect the admissions quota in educational institutions. A system similar to
Sindh’s rural quota may be introduced for the former tribal areas in federal
services.

Previously, the administration’s writ in Fata was restricted to major towns

but now the government’s writ will extend to every village. To ensure
stability, extension of land settlement, infrastructure and communications
systems are necessary.

The shift from a colonial tribe-centric to a modern individual-centric model

is monumental, not only for law and order but also for basic provisions.
This will be a new experience for Fata’s people, who for over 100 years have
been governed as groups and subject to collective punishment, despite this
proving ineffective in curbing the onset of militancy. Thus, the opportunity
to draft a new social contract between individuals and the state is ripe. A
public-friendly institutional apparatus must be set up to respond to the
people’s needs rather than ‘needs’ as defined in the past by the maliks.
Fata’s successful transition will be dependent upon taxation, law and order
and development; however, mismanagement may repeat its sordid history.

While the formal constitutional end of tribal status took more than 70 years
since Independence to achieve, who knows how much more time
transformation may take. However, efforts towards abolishing a draconian
and decadent system are worth appreciating. Had it not been replaced, it
would have become a morass of mismanagement and corruption, with
serious ramifications for the security of the state. A careful approach is
needed to tread on the path of reforms.