ISLAMABAD - Minister of States and Frontier Regions (SAFRON) Lt Gen. (Retd) Abdul Qadir Baloch Tuesday informed the Senate Committee of the Whole that the government had decided to withdraw the controversial ‘Tribal Areas Rewaj Bill’ that had been proposed as part of bringing reforms in FATA.

The minister was briefing the Committee of the Whole that was constituted on a motion moved by Leader of Opposition in the Senate Aitzaz Ahsan to consider legislative, administrative and other measures required for mainstreaming and ensuring constitutional rights to the people of Federally Administered Tribal Areas (FATA).

He told the committee that the colonial era Frontier Crimes Regulation (FCR) was also being abolished in FATA as it had no room in the modern age. FCR is being replaced with a new law, he said.

The minister said that no contracts would be awarded to the military-run organisations, including Frontier Works Organisation (FWO) and National Logistics Cell (NLC) as well as civilian contractors in the area without an open tender while violating the rules and the laws. All would be awarded contracts as permissible under the law, he said.

He said the government was facing resistance to give share to FATA in the National Finance Commission Award (NFC). He stressed the need for solution to the basic problems of tribal areas before its merger with Khyber Pakhtunkhwa.

Addressing concerns of lawmakers, he also said that proposed post of Chief Operating Officer (COO) would work under the governor KP. Baloch said that the appointment of a grade-20 COO to implement the reforms has been approved. The implementation of the reforms will start as soon as the COO is appointed, he said, adding the army chief had proposed a civilian officer for the post.

The Tribal Areas Rewaj Bill, 2017 was introduced in the National Assembly by the federal government on May 15 this year that envisages the judicial system for the people of FATA. The proposed law had to replace the Frontier Crimes Regulation (FCR), 1901.

Earlier, PPP Senator Farhatullah Babar while taking part in discussion said the promised FATA reforms had unfortunately become a casualty of the government’s indifference on the one hand and the coalition partners insistence on their pound of flesh from the then prime minister beleaguered and haunted by Panama gate scandal.

Opposing the post of a chief operating officer, Senator Farhatullah Babar said that it was a ploy to appoint at a later stage a serving general to it. Contracts worth scores of billions will then go to FWO and NLC without bids as the locus of power shifts from Islamabad to Rawalpindi and the area is further militarised and the black hole of FATA will deepen further.

The 45 Army’s Engineers Division based in Peshawar has already sent out a letter in August last year instructing the political agents that no contract be given to civilian contractors who are reported by intelligence agencies to be engaged in “criminal and anti-state activities”, he said.

He said the cabinet on March 2 decided to extend the jurisdiction of Peshawar High Court (PHC) to tribal areas. But in an unexplained somersault, the government has now been decided to extend the jurisdiction of Islamabad High Court (IHC) to tribal areas without taking into account the problems it will cause to litigants from far off tribal areas like Bajaur, and Waziristan, he said.

Elaborating his point about coalition partners of the government, he said a religio-political party — a reference towards JUI-F, has been advocating pan-Islamism and was not deterred by geographical boundaries between Muslim states. It was now in the forefront to oppose the fading away of line between FATA and KP.

Another nationalist political party — a direct reference towards PkMAP, has been clamouring for bringing the Pakhtuns of Balochistan, KP, FATA and Afghanistan closer together. Now it was denying the Pakhtuns of FATA to merge with the Pakhtuns of KP, he said. 

Keeping in view the administrative, social, cultural, linguistic, political and geographical conditions and that all roads from FATA led into KP merger in the province was most logical, he said.

Babar also demanded immediate demolition of the existing system of levy and collection of taxes, cess, levies and rahdari in FATA by the political agents which he said was “arbitrary, illegal and a tool for corruption”.

Poor people are subjected to unjust and illegal tax on transportation of every merchandize of daily use raising steeply prices of commodities, he said.  This illegal extortion has become a lucrative business for some and people are openly talking of check posts being auctioned to the highest bidder, he said.

He refuted the assertion that levy of rahdari and cess had been authorised by the governor. The governor had no powers to allow political agents to raise monies for their expenditures. It has to be provided in the budget and subjected to audit by the Auditor General. He said the FATA Reforms Committee had also recognised that the permit and rahdari system bred corruption and enhanced commodity prices and asked for its abolition.

If the government is sincere in bringing FATA into mainstream it must abolish the prevailing unjust levy of rahdari, cess and duty and replace it with regular budgetary allocation for political agents and stop them from personal collection from the people.

About the Rewaj Regulations, he said, there was no need for it. More than 180 laws of Pakistan have already been extended to tribal areas, including draconian laws like Action in Aid of Civil Power. If anti-human right laws are extended to FATA why benign laws cannot be extended to the area and why bring in Rewaj Regulations, he asked

PPP Senator Sherry Rehman also criticised the rampant corruption an injustice what she said this had become prevalent in FATA. “The Public Sector Development Programme (PSDP) allocation for FATA was only utilised by 60 per cent according to the minister. This is quite shocking to hear that one of the most underdeveloped areas in Pakistan saw a Rs40 million lapse,” he added.

According to a recent UNDP report, the highest rates of poverty in Pakistan are in FATA and Balochistan areas. The report revealed that over 73 per cent of the people in FATA live in multidimensional poverty.

 

The senator said: “From the report, it seems like the FATA Reforms Committee did not consult women. Women in the area are victims of both entrenched social attitudes that restrict their public and political space but have no voice in this reform which will greatly impact their lives. There needs to be a separate consultation with FATA’s women to make this meaningful”.

She further stated: “The plan of extending Islamabad High Court jurisdiction to FATA makes no sense when PHC can do the same job. This must change”.

She cautioned against the long period of activation of the reforms, saying, “I am deeply suspicious of ‘reforms’ that is phased over such a long period and via elite networks of only tribal notables as well as the governor’s office. Islamabad looks all set to retain its stranglehold on these seven areas. Unification with Khyber Pakhtunkhwa is the consensus and the most viable way forward.”

Chairman Senate Raza Rabbani questioned whether the government ready to amend rules regarding the COO that no army officer would hold the post. He said the committee would propose that the jurisdiction of PHC should be extended to FATA instead of IHC.

A number of lawmakers gave their input on the report of the FATA Reforms Committee besides giving their recommendations to bring reforms in the troubled area of the country. The chair directed the Senate Secretariat to compile a draft of the recommendations for FATA reforms in the light of all discussions held in the Whole Committee.

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Pakhtuns of KP, he said. 

Keeping in view the administrative, social, cultural, linguistic, political and geographical conditions and that all roads from FATA led into KP merger in the province was most logical, he said.

Babar also demanded immediate demolition of the existing system of levy and collection of taxes, cess, levies and rahdari in FATA by the political agents which he said was “arbitrary, illegal and a tool for corruption”.

Poor people are subjected to unjust and illegal tax on transportation of every merchandize of daily use raising steeply prices of commodities, he said.  This illegal extortion has become a lucrative business for some and people are openly talking of check posts being auctioned to the highest bidder, he said.

He refuted the assertion that levy of rahdari and cess had been authorised by the governor. The governor had no powers to allow political agents to raise monies for their expenditures. It has to be provided in the budget and subjected to audit by the Auditor General. He said the FATA Reforms Committee had also recognised that the permit and rahdari system bred corruption and enhanced commodity prices and asked for its abolition.

If the government is sincere in bringing FATA into mainstream it must abolish the prevailing unjust levy of rahdari, cess and duty and replace it with regular budgetary allocation for political agents and stop them from personal collection from the people.

About the Rewaj Regulations, he said, there was no need for it. More than 180 laws of Pakistan have already been extended to tribal areas, including draconian laws like Action in Aid of Civil Power. If anti-human right laws are extended to FATA why benign laws cannot be extended to the area and why bring in Rewaj Regulations, he asked

PPP Senator Sherry Rehman also criticised the rampant corruption an injustice what she said this had become prevalent in FATA. “The Public Sector Development Programme (PSDP) allocation for FATA was only utilised by 60 per cent according to the minister. This is quite shocking to hear that one of the most underdeveloped areas in Pakistan saw a Rs40 million lapse,” he added.

According to a recent UNDP report, the highest rates of poverty in Pakistan are in FATA and Balochistan areas. The report revealed that over 73 per cent of the people in FATA live in multidimensional poverty.

The senator said: “From the report, it seems like the FATA Reforms Committee did not consult women. Women in the area are victims of both entrenched social attitudes that restrict their public and political space but have no voice in this reform which will greatly impact their lives. There needs to be a separate consultation with FATA’s women to make this meaningful”.

She further stated: “The plan of extending Islamabad High Court jurisdiction to FATA makes no sense when PHC can do the same job. This must change”.

She cautioned against the long period of activation of the reforms, saying, “I am deeply suspicious of ‘reforms’ that is phased over such a long period and via elite networks of only tribal notables as well as the governor’s office. Islamabad looks all set to retain its stranglehold on these seven areas. Unification with Khyber Pakhtunkhwa is the consensus and the most viable way forward.”

Chairman Senate Raza Rabbani questioned whether the government ready to amend rules regarding the COO that no army officer would hold the post. He said the committee would propose that the jurisdiction of PHC should be extended to FATA instead of IHC.

A number of lawmakers gave their input on the report of the FATA Reforms Committee besides giving their recommendations to bring reforms in the troubled area of the country. The chair directed the Senate Secretariat to compile a draft of the recommendations for FATA reforms in the light of all discussions held in the Whole Committee.