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
 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
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.
 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

 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.
 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.
 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
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.

Discussion
Administrative complexity

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.
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.
 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%.
Gallery
Press Release