Round Table Discussion on Establishing Constitutional Regime in FATA

Communities for Change: The Evolving Constitutional and Legal Regime in FATA

Press Briefing and Media Coverage

Round Table Discussion on Establishing Constitutional Regime in FATA

ISLAMABAD (October 4th, 2011): Community Appraisal and Motivation Programme (CAMP) hosted a Round Table Conference on The Evolving Constitutional and Legal Regime in Pakistan’s Federally Administered Tribal Areas in Islamabad on Tuesday October 4th, 2011. The discussion was organized in partnership with Quaid-e-Azam University’s Department of Defence and Strategic Studies (DSS). The event is part of the second phase of the Communities for Change (CFC) project in Pakistan. The British High Commission and Embassy of the Federal Republic of Germany are jointly sponsoring the project .

The CFC project aims to empower communities from the FATA (residents and diaspora) to better understand local and regional governance issues, and to create momentum for needed change, which will ultimately help to stablise the border region of Pakistan.

The round table discussion, which took place at Quaid-e-Azam University featuredintroductions to FATA’s various issues by experts such as Justice AjmalMian, Dr. Tariq Hassan, Mr. Abdul LateefAfridi, Mr. Daniel Loyacanoand Mr. Babar Sattar.

Former Chief Justice Peshawar High Court Justice MianAjmal, who was Chairman of the FCR Reforms Committee, gave an introduction to the history of invasions carried out in the FATA region. He outlined how the area had seen several military incursions and invasions over the last centuries and how that had had a direct impact on its culture and society. As a part of the FCR reforms committee, Justice Ajmal expressed his joy over the recent signing off on the reforms by the President.

Senior legal advisor, Dr. Tariq Hussain, emphasized the need for an inclusive system of governance for the FATA region. He said that the State of Pakistan needs to discourage parochial, racial, tribal, sectarian and provincial prejudices – factors which have contributed immensely to the general apathetic neglect directed towards the region. He also saidthat non-state actors such as the civil societies and the media need to play their part in order to bolster social and economic growth in the tribal areas.

Senior lawyer and member of the Awami National Party, Mr. Abdul LateefAfridi, gave a historic background of FATA and identified the disconnect between citizen and State in the region. He said that the current treatment of FATA was a continuation of British Policies – designed to marginalize and exclude the territory.Afridi said that any method of initiating strong reforms in Pakistan must include the integration of FATA in Khyber Pakhtunkhwa.

Mr. DanielLoyacano, representative of National Democratic Institute (NDI), also spoke to the gathering and conveyed the good wishes of the International community in restoring peace and good governance to FATA and the region at large. He emphasized the importance of strengthening democracy in Pakistan and outlined his organization’s work in this regard. He said that the NDI has been actively promoting FATA reforms  and as a result of NDI’s work, several political parties submitted recommendations in 2009 and 2011 for reforms as well.

Mr. Babar Sattar, prominent lawyer and columnist, identified several issues with the law and order and lack of a legal framework institution in FATA. He said that an almost apartheid-esque situation has been created in FATA where the citizens in the rest of Pakistan have full rights while those in FATA are excluded from this category.

He explained that the rule of law is a process that separates power to prevent its abuse. However, power is not divided in FATA with all of it residing in the authority of the Political agent. Neither the legislature nor Judiciary have oversight over FATA’s affairs.

Naveed Ahmed Shinvari, CEO of Community Appraisal and Motivation Programme (CAMP), rounded up the discussion by thanking all the participants for their invaluable insights. He said that CAMP would continue its efforts to bring this important debate to the fore. Naveed observed that the signing of the FATA Reforms into Law was only the first step and more reforms would follow soon.