Federally Administered Tribal Areas

In 1935–36, a Hindu-Muslim clash occurred over the abduction of a Hindu girl by a Muslim in Bannu. The tribesmen rallied around Mirzali Khan, a tribal leader in Waziristan, who was later given the title of "the Faqir of Ipi" by the British. Jihad was declared against the British. Mirzali Khan, with his huge lashkar (force), started a guerrilla warfare against the British forces in Waziristan.

In 1938, Mirzali Khan shifted from Ipi to Gurwek, a remote village in Waziristan on the Durand Line near Razmak, where he declared an independent state and continued the raids against the British forces. In June 1947, Mirzali Khan, along with his allies, including the Khudai Khidmatgars and members of the Provincial Assembly, declared the Bannu Resolution. The resolution demanded that the Pashtuns be given a choice to have an independent state of Pashtunistan, composing all Pashtun majority territories of British India, instead of being made to join Pakistan. However, the British Raj refused to comply with the demand of this resolution.[10][11] After the creation of Pakistan in August 1947, Mirzali Khan and his followers refused to recognise Pakistan, and launched a campaign against Pakistan. They continued their guerilla warfare against the new nation's government.[12] In 1950, they announced the creation of Pashtunistan as an independent nation. However, his popularity among the people of Waziristan declined over the years, with several jirgas in Waziristan deciding to support Pakistan.

Soon after Independence, the various tribes in the region entered into an agreement with the Government of Pakistan, pledging allegiance to the newly created state. Some 30 instruments of agreement were subsequently signed, strengthening this arrangement. Mohmand Agency was included in FATA in 1951, and Bajaur and Orakzai in 1973. The agreement, signed at the time of independence, did not include political autonomy of the tribes. The instruments of agreement, signed in 1948, granted the tribal areas a special administrative status. Except where strategic considerations dictated, the tribal areas were allowed to retain their semi-autonomous status, exercising administrative authority based on tribal codes and traditional institutions. This unique system was crystallized in Pakistan's Constitution of 1973.

The annexed areas continued to be governed through the Frontier Crimes Regulations after the creation of Pakistan in 1947, by the Dominion of Pakistan in 1947, and into the Islamic Republic of Pakistan in 1956.[13] Even in the 1970s travellers through the Khyber Pass, such as those taking the Hippie Trail, were warned to stay close to the road because the Pakistani government had no control over the adjacent lands.

According to the United States Institute of Peace, the character of the region underwent a shift beginning in the 1980s. Mujahideen entered to fight against the jirgas as allies of the CIA Operation Cyclone; both were opposed to forces of the Soviet Union prior to the fall of the Berlin Wall and collapse of Soviet Union.[14]

In 2001, the Tehrik-e-Taliban militants began entering into the region.[14] In 2003, Taliban forces sheltered in the Federally Administered Tribal Areas began crossing the border into Afghanistan, attacking military and police after the United States invasion.[15] Shkin, Afghanistan is a key location for these frequent battles. This heavily fortified military base has housed mostly American special operations forces since 2002 and is located six kilometers from the Pakistani border. It is considered the most dangerous location in Afghanistan.[16][17]

With the encouragement of the United States, 80,000 Pakistani troops entered the Federally Administered Tribal Areas in March 2004 to search for al-Qaeda operatives. They were met with fierce resistance from Pakistani Taliban.[15] It was not the elders, but the Pakistani Taliban who negotiated a truce with the army, an indication of the extent to which the Pakistani Taliban had taken control.[15] Troops entered the region, into South Waziristan and North Waziristan, eight more times between 2004 and 2006, and faced further Pakistani Taliban resistance. Peace accords entered into in 2004 and 2006 set terms whereby the tribesmen in the area would stop attacking Afghanistan, and the Pakistanis would halt major military actions against the Federally Administered Tribal Areas, release all prisoners, and permit tribesmen to carry small guns.[15] On 4 June 2007, the National Security Council of Pakistan met to decide the fate of Waziristan and take up a number of political and administrative decisions to control "Talibanization" of the area. The meeting was chaired by President Pervez Musharraf and it was attended by the Chief Ministers and Governors of all four provinces. They discussed the deteriorating law and order situation and the threat posed to state security. To crush the armed militancy in the Tribal regions and Khyber-Pakhtunkhwa, the government decided to intensify and reinforce law enforcement and military activity, take action against certain madrassahs, and jam illegal FM radio stations.[18]

On 24 January 2017, the federal government decided to merge FATA with Khyber Pakhtunkhwa, for which required legislation would be managed in Parliament after approval from the federal cabinet. Prime Minister Nawaz Sharif would apprise the ministers of the issue of FATA with Khyber Pakhtunkhwa in upcoming federal cabinet meetings. After approval for this merger, the Law Ministry would be asked to prepare the draft of the bill that would be presented in parliament for approval.

The JUI-F, a major ally and coalition partner of the ruling PML (N), opposed this move on various political grounds. The Pakhtunkhwa Mili Awami Party led by Mehmood Achakzai also opposed the merger.

Under the plan, FATA would be put under the control of the provincial government through amendments to the Frontier Crimes Regulation (FCR). An annual grant of Rs100 billion has been proposed for FATA's development under the proposed merger and the amount will be given from the Federal Divisible Pool.

Most political parties in Pakistan supported the demand of the merger of FATA with Khyber Pakhtunkhwa, including Pakistan Tehreek-e-Insaf (PTI), Pakistan People's Party (PPP), Qaumi Watan Party (QWP) and Jamaat-e-Islami (JI).

The FATA Reforms Committee proposed in 2016 a set of "parallel and concurrent" political, administrative, judicial and security reforms, as well as a massive reconstruction and rehabilitation programme, to prepare FATA for merger with Khyber Pakhtunkhwa.

The proposed merger was near finalized at a meeting presided over by President Mamnoon Hussain at the Presidency in January 2017. The Prime Minister gave approval after discussing the issue with all the stakeholders.[19] By March 2017, the federal cabinet approved the merger of FATA with Khyber Pakhtunkhwa and other reforms.[20]

On 18 December 2017, the National Implementation Committee (NIC) on FATA Reforms, chaired by Prime Minister Shahid Khaqan Abbasi, endorsed the FATA-Khyber Pakhtunkhwa merger and agreed to let FATA elect 23 members to the Khyber Pakhtunkhwa Assembly in the July 2018 general elections. The NIC also decided to remove controversial sections of the Frontier Crimes Regulations and to allow colonial-era regulation to continue with a sunset clause to be replaced entirely once a proper judicial system is in place in the tribal region.[21]

On 24 May 2018, the National Assembly of Pakistan passed a bill to enact the Twenty-fifth Amendment to the Constitution of Pakistan which calls for the merger of FATA with the province of Khyber Pakhtunkhwa. The vote was 229–1 in favor of the amendment. Jamiat Ulema-e-Islam-Fazal and Pakhtunkhwa Milli Awami Party lawmakers walked out from the assembly ahead of the vote. The sole dissenter was Dawar Kundi of the PTI.

On 25 May 2018, Twenty-fifth Amendment to the Constitution of Pakistan was passed with a majority in the Senate of Pakistan. A total of 69 votes was needed for the bill to be approved; the vote was 71–5 in favor of the amendment for FATA, K-P merger.[3]

On 27 May 2018, Thirty-first Amendment to the Constitution of Pakistan was passed with a majority in the Khyber Pakhtunkhwa Assembly. A total of 83 votes was needed for the bill to be approved; the vote was an 87–7 in favor of the amendment for FATA, K-P merger.[3]

Parliamentarians from tribal areas took strong exception to a resolution adopted by the Khyber Pakhtunkhwa assembly asking for merger of the Federally Administered Tribal Areas with their province. The Awami National Party also made similar demands that the FATA be merged with Khyber Pakhtunkhwa. These proposals were opposed by tribal parliamentarians in Islamabad.[22] The name Qabailistan was proposed for FATA as a new province separate from Khyber Pakhtunkhwa.[23] The Qabailistan proposal never got any traction and was dropped in favor of merging FATA into Khyber Pakhtunkhwa province.[23][22][5]

Pashtuns in the Baizai area

The total population of the Federally Administered Tribal Areas was estimated in 2000 to be about 3,341,080 people, or roughly 2% of Pakistan's population. Only 3.1% of the population resides in established townships.[26] It is thus the most rural administrative unit in Pakistan. According to 2011 estimates FATA gained 62.1% population over its 1998 figures, totaling up to 4,452,913. This is the fourth-highest increase in population of any province, after that of Balochistan, Sindh and Gilgit-Baltistan.[27] 99.1% of population speaks the Pashto language.[28]

The main tribes of the Pashtuns living in the Federally Administered Tribal Areas are Wazir, Afridi, Mohmand, Tarkani, Mahsud, Dawar, Bettani, Sherani, Turi, Orakzai, Bangash, Shinwari, and Safi and utmanzi..

Over 99.6% of the population is Muslim belonging to the Sunni Hanafi Fiqh.

According to a report by the government of Pakistan there are around 50,000 religious minorities living in former Fata region.These include 20,000 Sikh, 20,000 Christians and 10,000 Hindus.[29]

In 1996, the Government of Pakistan finally granted the Federally Administered Tribal Areas the long requested "adult franchise", under which every adult would have the right to vote for their own representatives in the Parliament of Pakistan.[14][31] The Federally Administered Tribal Areas were not allowed to organize political parties.[31] Islamist candidates were able to campaign through mosques and madrassahs, as a result of which mullahs were elected to represent the Federally Administered Tribal Areas in the National Assembly in 1997 and 2002.[14] This was a departure from prior tribal politics, where power was focused in the hands of secular authorities, Maliks.[14]

All of the FATA's adults were legally allowed to vote in the Majlis-e-Shoora of Pakistan under the "adult franchise" granted in 1996.[14] Stephen Tierney, in Accommodating National Identity, reported that women came out to do so in the thousands for the 1997 office, possibly motivated by competition for voter numbers among the tribes.[31] However, Ian Talbot in Pakistan, a Modern History states that elders and religious leaders attempted to prevent female participation by threatening punishment against tribesmen whose women registered, leading to under-registration in the female population.[32] In 2008, the Taliban ordered women in the FATA regions of Bajaur, Kurram and Mohmand against voting under threat of "serious punishment," while Mangal Bagh, chief of the Lashkar-e-Islam, forbade women to vote in the Jamrud and Bara subdivisions of the Khyber Agency.[33]

The region was controlled by the Federal government of Pakistan for more than seventy years until its merger with Khyber Pakhtunkhua. On behalf of the President, the Governor of Khyber Pakhtunkhwa (formerly NWFP) used to exercise the federal authority in the context of the Federally Administered Tribal Areas.

The Constitution of Pakistan had special provisions to rule the FATA. The rules which were framed by the British in 1901 as Frontier Crimes Regulations (FCR) also continued to operate. According to now repealed Article 247 of Constitution of Pakistan, The Jurisdiction of the Supreme Court of Pakistan and any of the High Court of Pakistan did not extend to FATA and Provincially Administered Tribal Areas (PATA). The Khyber-Pakhtunkhwa Provincial Assembly had no power in FATA, and can exercise its powers in PATA only for that which was part of Khyber-Pakhtunkhwa.

Tari Mangal in the Kurram District

The Pashtun tribes who inhabit the areas were semi-autonomous, The tribes have cordial relations with the Pakistan government.[34]

People of FATA were represented in the Parliament of Pakistan by their elected representatives both in National Assembly of Pakistan and the Senate of Pakistan. FATA had 12 members in the National Assembly and 8 members in the Senate. FATA had no representation in the Provincial Assembly of Khyber-Pakhtunkhwa.

The administrative head of each tribal agency was the Political Agent who was representative of the President of Pakistan and the Governor of Khyber-Pakhtunkhwa.

Each Tribal Agency, depending on its size, had about two to three Assistant Political Agents, about three to ten Tehsildars, and a number of Naib Tehsildars with the requisite supporting staff.

The Frontier Regions (FRs) differ from the agencies only in the chain of command so that each FR was headed by the DC/DCO of the adjacent settled district (DC/DCO Peshawar heads FR Peshawar and so on). Under his supervision there was an Assistant Political Agent and a number of Tehsildars and Naib Tehsildars and support staff.

Each Tribal Agency had roughly 2–3,000 Khasadars and levies force of irregulars and up to three to nine wings of the para-military Frontier Corps for maintenance of law and order in the Agency and borders security. The Frontier Corps Force is headed by Pakistan's regular army officers, and its soldiers are recruited mostly from the Pashtun tribes.

The militancy situation has, however, improved after successive military operations carried out by Pakistan Army in Bajaur, Swat, Waziristan, Orakzai and Mohmand.

In 2001, the Pakistani military entered the Federally Administered Tribal Areas for the first time which was previously governed by Frontier Corps. In 2010, The New America Foundation and Terror Free Tomorrow conducted the first comprehensive public opinion survey in the Federally Administered Tribal Areas. The results showed that, on the issue of fighting militancy in the region, the people of the Federally Administered Tribal Areas overwhelmingly support the Pakistani military. Nearly 70 percent back the Pakistani military pursuing Al-Qaeda and Taliban fighters in the Tribal Areas. According to a survey, when asked how the Federally Administered Tribal Areas should be governed, 79 percent said it should be governed by the Pakistani military.[35]

In 2014, about 929,859 people were reported to be internally displaced from North Waziristan as a result of Operation Zarb-e-Azb, a military offensive conducted by the Pakistan Armed Forces along the Durand Line.[36][37]

Federally Administered Tribal Areas (FATA)

The Federally Administered Tribal Areas (FATA) consisted of two types of areas i.e. Tribal Agencies (Tribal Districts) and Frontier Regions (FRs). There were seven Tribal Agencies and six Frontier Regions.

These are the Tribal Agencies (from North to South):

• Bajaur Agency
• Mohmand Agency
• Khyber Agency
• Orakzai Agency
• Kurram Agency
• North Waziristan Agency
• South Waziristan Agency

Agencies were further divided into Subdivisions, and Tehsils. According to the Election Commission of Pakistan, the Federally Administered Tribal Areas consisted of the following subdivisions and tehsils:[38]

The Frontier Regions were named after their adjacent settled Districts in Khyber-Pakhtunkhwa. The administration of the FR was carried out by the DCO / DC of the neighbouring named district. The overall administration of the frontier regions was carried out by the FATA Secretariat, based in Peshawar and reporting to the Governor of Khyber-Pakhtunkhwa. The six regions were:

• Frontier Region Bannu
• Frontier Region Dera Ismail Khan
• Frontier Region Kohat
• Frontier Region Lakki Marwat
• Frontier Region Peshawar
• Frontier Region Tank

• Bara
• Dara Adam Khel
• Drazanda
• Ghalanai
• Jamrud
• Jandola
• Kalaya
• Khar
• Landi Kotal
• Mir Ali
• Miran Shah
• Parachinar
• Razmak
• Sadda
• Serwekai
• Wana[39]

The Former FATA region contain proved commercially viable reserves of marble, copper, limestone and coal. However, in the current socio-political conditions, there is no chance of their exploitation in a profitable manner.

The concept of setting up ROZs in the former FATA region and Afghanistan is an element in the United States Government's counter-terrorism and regional economic integration strategies.[43]

Water is scarce in the former FATA region. When the British forces occupied Malakand they started work on the Amandara headworks to divert the Swat River through a tunnel to irrigate the plains of Mardan and Charsadda. The aim was not to get more wheat or sugarcane, but to ‘tame the wild tribes'.

There is one hospital bed for every 2,179 people in the former FATA region, compared to one in 1,341 in Pakistan as a whole. There is one doctor for every 7,670[44] people compared to one doctor per 1,226 people in Pakistan as a whole. 43% of the former FATA region's citizens have access to clean drinking water.[38] Much of the population is suspicious about modern medicine, and some militant groups are openly hostile to vaccinations.

In June 2007, a Pakistani doctor was blown up in his car "after trying to counter the anti-vaccine propaganda of an imam in Bajaur", Pakistani officials told The New York Times.[42]

The Former FATA region has a total of 6,050 government education institutions out of which 4,868 are functional. Out of these 4,868 functional institutions, 77 percent (3,729) are primary schools. Total enrolment in government institutions is 612,556 out of which 69 percent are studying at primary stage. Total number of working teachers in FATA is 22,610 out of which 7,540 are female. The survival rate from Grade KG to Grade 5 is 36 percent while the transition rate from primary to middle in public schools in Ex-FATA is 64 percent (73 percent for boys and 45 percent for girls).[45]

Literacy Map Tribal Areas, Source:[46]

The Former FATA region has one university, FATA University in Akhurwal, Darra Adam Khel, FR Kohat, which was approved by Mir Hazar Khan Khoso in May 2013.[47] Classes commenced on 24 October 2016, under the direction of Dr. Mohammad Tahir Shah, former professor of geology at University of Peshawar.[48] The university plans to open sub-campuses at Khar, Miran Shah, and Parachinar.[49]

The Former FATA region's literacy rate is 22%, which is well below the nationwide rate of 56%. 35.8% of men, and only 7.5% of women receive education, compared to a nationwide 44% of women.[46][50]