Radio show on FATA future status (audio)

“I think it lies only with the people of FATA to go for an option. They should be taken on board. Government should approach these people” (Dr. Ashraf Ali). As far as FATA council is concerned, it has been observed that such bodies are always under the spell of government and are not independent” (Ibrahim Shinwari).

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The future of FATA will be good if it is according to the wishes of Tribal; people wishes and is not imposed upon them. We can easily see that FCR was imposed upon them and the region is a waste land. There is no life and facilities in FATA. I want that whatever the tribesmen wish to have in their region should be granted to them.

I personally think that the option of a separate province is simply not workable. We are too closely connected with KPK and are like part and parcel with it. If we are merged with KPK then we will have greater legislative powers for our region. In the present scenario it is not good to have a separate status. (Ibrahim Shinwari)

Moong Qabail: Future Status of FATA, with host Shams Mohmand and guests Ibrahim Shinwari, senior journalist, Nisar Mohmand, ANP political leader, Ajmal Wazir, PML political leader, Malik Khan Marjan, Dr. Ashraf Ali, social activist, Jalal Ud din Khan, JI political activist, Maryum Bibi, social activist, and Dr. Ijaz Khattak, international relations professor at the University of Peshawar.  This Center for Research & Security Studies (CRSS) program also features reporting by Farid Ud Din in Khyber Agency and Gul Hussain Mohmand in Mohmand Agency.

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https://archive.org/embed/13-03-2014MoongQabailRadioProgramAboutFutureStatusOfFata

I suggest that we should be merged with KPK. We will have almost 35 MPAs in the provincial assembly. Our MPs will be in a better position to help this region. (Nisar Muhammad)

We want an end to FCR and rule of law in FATA. We want to merge FATA with KPK with proper jurisdiction of apex courts under the constitution of Pakistan. (Jalal Ud Din)

The only way for the progress of FATA is an elected FATA representative council. FATA Secretariat and political administration should be answerable to this council. (Malik Khan Marjan)

We want an end to FCR and rule of law in FATA. We want to merge FATA with KPK with proper jurisdiction of apex courts under the constitution of Pakistan. (Jalal Ud Din)

Shams: Dear listeners, your host shams is here with Moong Qabail. We try to identify all the problems and hurdles in the lives of tribal people because of FCR. We want to reach a way out. Today we are going to talk about the future status of FATA. We would be asking different experts, whether FCR is compatible with the modern world. We want to discuss all the available options for FATA and the future of FCR. 

Now I have Ibrahim Shinwari with me who is a senior journalist and former president of Khyber Union of Journalist. I have also Nisar Mohmand with me, who is a political worker with ANP. Ajmal Wazir from PML (Q) is also here. Dr Ashraf Ali is also here.

Jalal Ud Din khan Jee from Bajaur agency is here. Social worker Maryum Bibi and Dr Khattak are also here.
My first question is directed to Ibrahim Shinwari to ponder about the basic three suggestions about the future status of FATA?

Ibrahim Shinwari: The future of FATA will be good if it is according to the wishes of Tribal; people wishes and is not imposed upon them. We can easily see that FCR was imposed upon them and the region is a waste land. There is no life and facilities in FATA. I want that whatever the tribesmen wish to have in their region should be granted to them. I personally think that the option of a separate province is simply not workable. We are too closely connected with KPK and are like part and parcel with it. If we are merged with KPK then we will have greater legislative powers for our region. In the present scenario it is not good to have a separate status. As far as FATA council is concerned, it has been observed that such bodies are always under the spell of government and are not independent.

Shams: You suggested merging FATA with KPK but the opponent say that FATA has remained independent and people are not ready to accept the laws and rules of the settled areas?

Ibrahim: ownership will be grated to FATA after the mergence. Political parties will be willing to spread their network there. All the major political parties will include FATA in their manifestoes and will stress upon the government to do more for this region. It will be a slow process and may take time. At present there is a façade of leadership in FATA and the political process will take time to create such leaders in FATA.

Shams: Nisar, you belong to ANP but I want your personal view to tell us about the possible option for FATA which is of greater benefit?

I suggest that we should be merged with KPK. We will have almost 35 MPAs in the provincial assembly. Our MPs will be in a better position to help this region.

Nisar Mohmand: I personally hold the view that if we are not a part of KPK and have an independent status then I am afraid that it will get us separated from all the other pashtoon brothers in other parts of KPK and Baluchistan. We all have the same history and ancestors. We are interconnected with the Pashtoons in settled areas because we have same culture and traditions. I suggest that we should be merged with KPK. We will have almost 35 MPAs in the provincial assembly. Our MPs will be in a better position to help this region.

Shams: it is said that tribal people are not ready to accept the system in settled area. If they resort to resistance then what should be done?

Nisar Muhammad: I do not agree with the notion because at present they can find peace in this system. Peace is of prime importance at present and we can have peace only if we accept the regular system of the country. Many of our IDPs have spent considerable time under this system. FATA is under operation and we are suffering.

Shams: it is time to listen to a report by Farid from Khyber Agency.

REPORT: Farid Ud Din, Khyber Agency.

The people of FATA are suffering under FCR for long and now want to end it. They want to merge FATA with KPK or have a separate province or have an independent FATA council is a matter of great discussion. People have different opinion it. Banaras Shinwari is the local Ameer of Jumat Islami in Landi Kotal who says that we have never liked and supported FCR. We do not twat it either in the future. We do not want to merge with KPK because it is also in deep troubles. We wish to have an independent council for all the agencies.

There had been general discussion about the future status in the provincial assembly of FATA but to no avail. Abdullah Shah Shinwari is a political leader here who wants separation of powers in executive and judiciary.

FCR was framed by the British to serve their ends. We want a good system now in FATA. We want to have separate budget for our development. People are worried about heir future. They are making efforts to change their system but have not succeeded as yet. Farhad Shinwari is a journalist who is in favour of FATA council.

All the tribal people want change one way or the other because FCR is violating all their basic rights. We have no right to appeal at present. It will be much better if we have a separate independent counsel. Most of the people in FATA want to end FCR. Shah Hussain is a leader of ANP who says that people will get all the rights if FATA is merged with KPK that FCR is a curse and we can get nothing under it. We should be merged with KPK to make any progress in the world. It is the need of the time. Irrespective of their age and profession all the people in FATA want to end the present state of affairs and want to improve their life.

This was Farid Ud Din from Khyber Agency for CRSS.

Shams: Dear listeners, welcome back in the show. Now I would like to ask Mr. Ajmal Wazir who is senior vice president of PML (Q). There are several suggestions for the future status of FATA. What is your party stand and your personal opinion?

Ajmal Wazir: In this regard I may say that there is FATA Reform Joint Committee in the parliament. All the major parties have representation in that committee. I am also a member in that committee. We have recommended eleven reforms in FATA. It is also an important point that what should be the status of FATA. Some of the political parties favored the merger with the province. People have different opinion but ultimately it was decided that the option should be left to the people of FATA.

Shams: How can their opinion be ascertained?

Ajmal: There is a proper mechanism for it. Either Jirga may be called or referendum held. Point two is that article 247 in the constitution should be amended. It is the main obstacle for any lasting change in FATA. MPs from FATA cannot legislate for the region. Fundamental rights are also our concern. Appellate court is there but it is not linked with the apex courts.

We have recommended eleven reforms in FATA. It is also an important point that what should be the status of FATA. Some of the political parties favored the merger with the province. People have different opinion but ultimately it was decided that the option should be left to the people of FATA.

Shams: parliaments always frame laws to be implemented in the country. Do you think that it is essential to consult the elders and wise people in FATA to decide about their future?

Ajmal Wazir: yes it is essential and I am happy to announce that we have full consensus about our recommendations. Now we are on the move to meet all the party heads. We have met Munawar Hassan who agreed to endorse us on all forums. We went to Baluchistan as well. Now we plan to visit MQM leadership in Karachi. We will meet Imran Khan and other leaders in KPK. We want to develop full consensus and then to move the resolution in the parliament.

Shams: It is a good omen that you have consensus but do you also agree that FCR is the main hurdle in FATA and it should be abolished?

Ajmal: Yes there is full consensus about FCR. There is no voice in favour of FCR at present. If article 247 is done away with then FCR will ultimately give way. We have also recommended to extent PEMRA jurisdiction to FATA. We have been working on it for almost a year now. We have prepared a good paper and if it is half accepted even then it will be much better for FATA.

We have also recommended to extent PEMRA jurisdiction to FATA. We have been working on it for almost a year now. We have prepared a good paper and if it is half accepted even then it will be much better for FATA.

Shams: Now I may turn toward Mr. Malik Khan Marjan that what are views about the future status of FATA?

Malik khan Marjan: Thanks for the opportunity. It is our bad luck that tribal people are living in darkness for so long. Now we have got an opportunity to introduce some real progress and development in our region. The only way for the progress of FATA is an elected FATA representative council. FATA Secretariat and political administration should be answerable to this council. Unless we have our own assembly I cannot force my political agent to work for me. We have suffered a lot in Waziristan due to the immense powers of political agent. Our whole structure is mutilated. If we had a FATA council then we would have better situation. Waziristan has faced lack of funds and development.

Shams: You suggested the FATA council but you also favored an elected assembly. How will this council be elected?

Malik Khan Marjan: I suggest that there should be two members from each sub division. It will amount to almost fifty members. They will legislate for FATA. Funds should be channelized to this council in and out of Pakistan.

Shams: where will be the central office for this council? Whether the present governor of KPK will preside over it?

Malik Khan: this council may sit in Peshawar while the FATA Secretariat should be shifted to FATA. The basic thing is that government does not want to liberate us and make progress.

Shams: What is the difference then between a separate province and an independent FATA council or assembly? There is also an opinion to grant de fact status to FATA as an independent province?

Malik khan: People in different regions of Pakistan are struggling to have separate provinces in Hazara and Saraiki belt. We have also a just demand for a separate province. FATA is a rich and self sufficient region and we can sustain ourselves. Our children will be safe from militancy.

Shams: Dr. Ashraf Ali, please I want your opinion about the recurrent options about FATA. What in your opinion should be adopted?

Dr. Ashraf: I think it lies only with the people of FATA to go for an option. They should be taken on board. Government should approach these people.

Shams: As a journalist, I want to have your view that which option is good for the people of FATA?

Dr. Ashraf: when we talk about governments, there are three structures. One is federal government, and then there is provincial and then the local government. But unfortunately there is none of them in FATA. I suggest that if FATA is merged with the province then it is more fruitful for various reasons. Local government should be established. People will get empowered. Administration will improve. It is the most suitable way forward.

Shams: How far peace will prevail here after this merge?

Dr. Ashraf: when people will get their political and civic rights then I donât see why people will join hands with the militants.

Shams: now we have a report from Mohmand Agency by Gul Hussain about the issue in focus.

REPORT: Gul Hussain Mohmand.

For peace and progress in FATA, we have talked with the local people. Let us listen to them.

My name is Shakir Ullah. We donât see any light or hope where government will pay any respect to us in comparison with other areas. If government really wants to improve our lot then we want to mention that in 2003 an agency council was formed and it should be revived. A change will occur where local people will emerge in that local council. That council will decide whether we have to merge with the KPK province or remain with federal government. Election is necessary. My name is Jana and I am a resident in Khyber Agency. We all want an end to FCR. We are justified in demanding an independent province because it is a vast region. We want a separate province will full powers and rights.

My name is Sajid Ali and I am affiliated with Mohmand Press Club. FATA should e declared an independent province. It will have many advantages for us.

I am from Bajaur agency. We are notorious for being from FATA. We are blamed for all the ills which is wrong perception. We want an end to FCR and we should be declared a district. It is not necessary whether we are with the KPK or independent but we want a system like a district.

âMy name is Jangrez Khan and I am a political worker. I have travelled across the whole of FATA and I have observed that most of the people want an elected council in FATA. This council should have enough legislative powers to decide about their future. Gilgat Baltistan is a good example. FATA elected council is the basic demand.â

If we consider properly then we realize that only territory is not necessary for a province. We need a lot of other things like industry and proper mechanism. According to my opinion FATA should be merged with KPK for greater benefits.â
This was Gul Hussain Mohmand from Mohmand Agency reporting for CRSS.

Shams: Mr. Ijaz Khattak, usually there are three options for FATA. As a senior analyst, what suggestion do you have for the people of FATA?

Ijaz Khattak: The people in FATA are Pashtoons like the people living in KPK. The future of tribal people is connected with Pashtoons in KPK in all respects. Peshawar and other major cities are saturated with people from FATA. I donât know how to segregate them. It will need larger migration than what happened during the separation of sub continent. The ultimate decision will have to be taken by the people of FATA. Proper debate should be held. It is also a fact that people in FATA cannot live with the present system.

Shams: Is it a feasible suggestion to separate FATA as a province geographically?
Ijaz Khattak: It seems incredible to me geographically. It is a thin strip of land running across the FATA region. A person from Bajaur can reach easily to Peshawar as compared to Waziristan. What will be the capital of this province?

Shams: Whether in 21st century when law and order is the major concern in FATA, is progress possible in the presence of FCR?
Ijaz Khattak: FCR has no future and there is no question to discuss the validity of FCR. FCR is mainly responsible for the bad state of affairs in FATA. Reforms and changes in law are a common practice throughout the world with the passage of time. But FCR is the only document which is still intact. People of FATA have changed considerably and the region is also changed a lot. It is impossible to move ahead without changing the old system.

Shams: Maryum Bibi is also here who is a social worker. I want to ask that there are various suggestions for the future status of FATA. What do you suggest?

Maryum Bibi: I think that people of FATA have suffered a lot even before the creation of Pakistan. It is called land of no law. It is very necessary that opinion of tribal people should be ascertained. All the people should be consulted including women as well. whatever they like should be given proper respect and value. Only Maliks are not to be consulted. Every region in FATA has its own disposition and people have different views.

Shams: Jalal Ud Din is here from Bajaur Agency. You are a young man and I want to ask what the will of the youth in FATA is?

Jalal: I want to make it clear youth in FATA is educated and pragmatic. We have to prove the perception of people wrong. Our students are scattered across the world and now are in contact with the global world. FCR is not acceptable to them in any form. It is our dream that we should be given the opportunity to move ahead in the 21st century. We want universities at our most pleasant places in FATA. We want an end to FCR and rule of law in FATA. We want to merge FATA with KPK with proper jurisdiction of apex courts under the constitution of Pakistan.

Shams: But some of the uneducated elders in FATA still want to adopt the old system. They will resist your dreams. Is it true?

Jalal: I do not think there is no denying the fact that people in FATA are clear now in their perceptions. There are some elements, no doubt, which have spent their life in a particular circle. We, the youth, know well that this old system is the root cause of all our ills. Our people are killed mercilessly because we do not have the mechanism to stop it. Culture and traditions were strong in Europe a few centuries ago but they realized that tribal society has to be replaced with a progressive society. We can live with our culture and traditions as the Pashtoons in Peshawar, Charsadda and Mardan are doing. Our women are degraded and molested because we do not proper legal safeguards. Who says that we are free tribals? We are in fetters because a black law is encompassing us.

Shams: Thank you so much. Dear listeners, you heard the discussion and I hope you are in a better position to decide now. It is good bye for now.

Source: https://archive.org/details/13-03-2014MoongQabailRadioProgramAboutFutureStatusOfFata

Series: CRSS Radio Program Series

Amend FCR or abolish it altogether (audio)

According to Qaumi Watan Party FATA President Asad Afridi, there are people who have vested interests in the old system in the tribal areas.

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There is a burning issue inside and outside FATA these days and it to whether to abolish FCR altogether or to amend it considerably. Most of the educated and young people in FATA want an end to FCR to be replaced with regular law of the country.

There are still a considerable number of people who want positive and tangible reforms in FCR while retaining the Jirga system in FATA. But still there are a few scanty voices who want to retain FCR in the present form.

But according to Asad Afridi, such are the people who have vested interests in the old system. He stressed that any change in FCR will not have repercussions. There is a fade of leadership in FATA. If changes are made with the introduction of local government system then these representatives will take the responsibility. The required local leadership will be provided and it will have good results.

Moong Qabail: Amend the Frontier Crimes Regulation (FCR) or abolish it altogether, with host Shahab ud Din and guest Asad Afridi, advocate and QWP FATA president. This Center for Research & Security Studies (CRSS) program also features abstracts from a seminar in Kohat, and reporting by Inam Ullah in Peshawar and Gul Hussain Mohmand in Mohmand Agency.

Listen to the program

https://archive.org/embed/24-01-2014MoongQabailRadioProgramAboutFcrWhetherToEndItOrAmendIt

Shahab: Shahab is here with Moong Qabail. Today we will talk about whether to abolish FCR or amend it. What our tribal brethrens want in this regard. We have invited a person who has taken pains to research about FCR. He has studied every aspect of this law. I welcome Asad Afridi in the studio.

Asad Afridi: I am thankful to be here to discuss such an important topic. It has troubled our tribal people immensely. It is high time to inform people about this black law.

Shahab: Dear listeners, you can also take part in the show. You can call us on 091111000101. You can also call us on 0916006051 and 0916006052. You can ask anything from Asad Afridi. FCR is such a law which has been under discussion for long. It has created so many problems for our people. Asad Afridi, you also belong to FATA and know well that if a person in alleged of some crime then his whole family and tribe is under heat. What in your opinion is the view of tribal people about FCR?

Some of the people consider it in accordance with their customs and traditions. And so they demand reforms in this law.

Asad Afridi: I am a lawyer myself and have dealt FCR on a number of occasions. I belong to Malik family and so I am familiar with Jirga system. The foundation of FCR is reflected by its very name. This law was devised for the Frontier province by the British rulers. British Raj was a colonial power and considered the local people as subjugated people.

FCR was implemented in the whole of province but after a long protest by the people. It was lifted from the rest of the province but was retained in FATA. For the last many years, there has been protest and seminars about FCR to end it in FATA as well.

During the reign of Zardari, a grand Jirga was formed which met the president to demand an end to it. People have divergent views about it. Many people believe that it is a cruel law and must be abolished. While some of the people consider it in accordance with their customs and traditions. And so they demand reforms in this law.

Before the constitution of 1973, this region is not called FATA but Yaghistan and Outer region.

Shahab: Could you please tell us that the settled areas have no FCR now while it is still enacted in FATA. But the people of both areas have common traditions and customs and these people are interconnected. What are the apprehensions about its abolition?

Asad Afridi: All the people in this region are the same people and have common culture and traditions. As I told you FCR was in vogue in the whole province. But due to the geographical conditions no such decision could be taken to abolish it in FATA. There are regional and international scenarios which has kept FATA in the same old status. Reforms have been introduced in FCR from time to time. We have undertaken intensive research work about it. Before the constitution of 1973, this region is not called FATA but Yaghistan and Outer region.

Caller: I am calling from FR Peshawar. We want a law for us which is in Islamabad. We want to keep intact our Jirga system and consider it as the main instrument of solving our disputes. Political administration is so corrupt. My name is Nasir Afridi.

Asad Afridi: Thank you so much Mr. Nasir. You talked well and said that political administration is corrupt. I may tell you that corruption is a common problem across the world.

Shahab: He demanded the common law of the land in FATA with Jirga system as well. He wants reforms in FCR. We will continue our discussion but it is time to listen to a report by Inam Ullah about the issue in focus. Stay with us.

REPORT: Inam Ullah.

FCR is not in accordance with the ground realities at present.

Constitution is the basic document to run a state. Pakistan has a good constitution but FATA has no law under the Constitution but FCR. Time changes laws and so many people believe that FCR is not in accordance with the ground realities at present.

Sher Khan Afridi is a senior journalist and a tribal elder and says, I say that all those sections which are not acceptable to tribal people should be amended. Implementation of reforms is a must. FCR is devised according to the customs of tribal people but some of the sections are against the present situation. The main thing is that FCR is not imposed on us by force. Earlier our people wore a cap as a must but now many things have changed.

Sher Khan stressed that in settled area people are arrested under FIR but FATA has a different procedure. In settled area, police arrest a person under FIR but under FCR if a person is accused of something then PA takes all the elders of the tribe into confidence. The tribe is given notice to produce the accused person. This is the distance.

Hassan Dawar belongs to North Waziristan and says that FATA should also come under the jurisdiction of the constitution of Pakistan. Whether FATA is not a part of Pakistan to be run with a different law. I stress that we all have same law and same constitution. We are a part of the general masses of Pakistan. There are some sections in FCR which are detested by the people. One such section is the collective responsibility where the whole tribe is arrested for the crime of an individual. Their business in spoiled.

In settled area, police arrest a person under FIR but under FCR if a person is accused of something then PA takes all the elders of the tribe into confidence. The tribe is given notice to produce the accused person.

This is the distance. One such section is the collective responsibility where the whole tribe is arrested for the crime of an individual. Their business in spoiled.

Qazi Muhammad Raouf from Khyber Agency says that total abolition of FCR is the demand of political people and not common people. He demanded basic reforms in FCR. Political people demand an end to FCR but political parties have no strong base in FATA. People want reforms according to the wishes of the people. People are not in favour of its total termination. Judiciary and executive should be separated.

According to experts FCR should be amended at first with the abolition of cruel sections. This was Inam Ullah from Peshawar.

Shahab: Dear listeners, welcome back to the show.

Caller: My name is Muhammad Yousaf from Jamrud. I want to say that FCR was implemented after mutual consensus by our elders. It is according to our customs and traditions. It is not a cruel law but very benign and have great freedom for all of us. There is no writ of the government but everything is done according to our wishes.

FCR has great respect for all of us. There is only section which is in favour of the British rulers but the rest is according to our wishes. Our population is almost ten million and FCR has saved so many of us. The British government even still sends us money.

Muhammad Yousaf says there is only section which is in favour of the British rulers but the rest is according to our wishes.It is according to our customs and traditions. It is not a cruel law but very benign and have great freedom for all of us.

Shahab: Thanks for the call. He termed FCR such a good law.

Asad Afridi: Yousaf has his own perspective and views. History is a witness to the fact that the rulers never ask for the consent of the enslaved people. I was talking about the reforms during Zardari rule. There were almost six amendments. The collective responsibility was reformed but unfortunately it is not practiced.

Secondly, recently the Governor issued an ordinance to separate the judiciary and executive. It was ordered to have an additional assistant political agent to act as a judicial magistrate. The problem is that it is not acted upon. Political administration is not willing to part with some of its powers.

There were almost six amendments. The collective responsibility was reformed but unfortunately it is not practiced. Secondly, recently the Governor issued an ordinance to separate the judiciary and executive.

Shahab: No one wants to part with the powers that he has. Political administration is not willing to devolve any of its powers. But we have seen that in settled areas when the local bodies elections were held, then the powers of the administration were transferred to politically elected representatives. Can it not be done in FATA?

Asad Afridi; Such an attempt was made during the governorship of Iftikhar Hussain Shah. The counselors remained in office for just three years but it has created young and common leadership in the whole of FATA. Those counselors are now considered among elders.

Shahab: CRSS had held a seminar about FCR in Chat. We have prepared a report about this seminar. We will listen to this report and then will resume our discussion.

REPORT about the event in Kohat:

Shams: Musarat Shafi is with us who is a lawyer, Political activist and former MPA. I want here to talk about the problems of women and children under FCR.

Musarat Shafi: I am sorry to say that I am mentally disturbed all the time about the violation of law in relation to female. When we talk about women rights in FATA, we feel that women are altogether excluded from having any rights. We have laws for all the things but there is no litigation for women and children. Every law has to be judged from sixty angels to get implementation but women have no rights in FATA. Female population is almost 52% in our country.

When we talk about women rights in FATA, we feel that women are altogether excluded from having any rights.Every law has to be judged from sixty angels to get implementation but women have no rights in FATA. Female population is almost 52% in our country.

There are crimes regulations in the country but there are no specific laws for women. Our society starts from wedding but our there is no marriage law in the country. Similarly an infant has also some needs and rights but our law offers no such safeguards for children. Can anybody tell me the laws for infants and women in our society? It is needed that there should be litigation about the rights of women and children. A nation cannot bring any change unless they themselves strive to bring that change. Laws should not be only in the form of customs but it should be in written form.

The biggest hurdle in the implementation of laws in FCR is the accumulation of all powers in the same Person in FATA. No system can run without justice and it is doomed to collapse. When a person has no participation in a judicial process, he cannot get justice. I stress that tribesmen should have a representative in the judicial process. Only learned people should take part in the judicial procedure. . You may disagree with me but as a law practitioner I just want to give relief to my client which I cannot do under FCR. We are only interpreters and the change has to be brought by you yourself.

There are 26 people who want an end to it on the other hand 11 people want to bring reforms in FCR and only one person here who wants to retain FCR in the present form.

Shams: Thank you so much. We are about to conclude the discussion but I want to reach a consensus about the Future status of FCR according to the participants. Those who want to end it should raise their hands. Let me count them.

There are 26 people who want an end to it.

Now those who want reforms in FCR should raise their hands please.

There are eleven people who want reforms in it.

And those who want it to be in the same form as it is at present should raise their hands?

There is only one person here who wants to retain FCR in the present form.

Shahab: Dear listeners, you heard the discussion with Shams Mohmand who arranged voting at the end. There was only one person who wanted to retain FCR in the present form. There was an MPA in this seminar who stressed that there are no fundamental rights for the people. What do you think?

Asad Afridi; I heard the report and voting by Shams Mohmand.

Caller: This is Saif ur Rehman from FR Kohat and I heard the discussion. I want to say that there are different pillars of a state like legislature, executive and judiciary. But under FCR the Political Agent in FATA has all the three powers vested in the same person. It is great injustice and we want reforms in it. I want to ask Mr. Asad Afridi that we should have the right to appeal in appellate courts. If it is abolished then what will be the status of FATA?

Different pillars of a state like legislature, executive and judiciary. But under FCR the Political Agent in FATA has all the three powers vested in the same person, and we want reforms in it.

Asad Afridi: It is a complicated question and all those people who are not willing to abolish it or reform it have the same question that what will happen after changes in FCR. I may say that FCR will certainly be replaced by other some kind of set up. There cannot be a vacuum. I think FATA is a changed place now and I myself belong to FATA. At present FATA lawyer forum is an active body who are making a legal struggle for the whole of FATA. There basic demand is separation of executive and judiciary. The second demand is to grant the right to appeal in the apex courts. It is a just demand. There are hundreds of people in this body.

Shahab: This organization has continuously demanded these reforms but do the people of FATA also demand the same?

There basic demand is separation of executive and judiciary. The second demand is to grant the right to appeal in the apex courts.

Asad Afridi: Lawyers are educated and wise people. There may be a person from FATA who is a high official. He will write an appeal to be met with APA who is in grade 16 only. It is self made right by the political administration. FCR is exploited for personal ends.

Shahab: It was mentioned in the report that political people want an end to FCR who have no representation in FATA?

Asad Afridi: It was for the first time that Political Parties Act was extended to FATA and elections were held on party basis. I will tell you that four MNA’s are elected on the ticket of a political party. One person is elected from PTI from FR Region. I stress that people demand it now. If we live till next election then I am sure that all the MNA’s will be elected on political basis.

Shahab: Whether want to end it or amend it?

Asad Afridi: It is still not certain because no survey has been conducted as yet.

Shahab: Let us find it in this report by Gul Hussain from Mohmand Agency whether people want to end it or amend in Mohmand Agency.

REPORT: Gul Hussain Mohmand, Mohmand Agency.

FCR has been implemented in 1901 in FATA. What effects has it exerted on the life of tribal people/ everyone has his own opinion but all agree that it is not a good law. Malik Sahib Jehan from Mohmand Agency says that if it could not be abolished then at least the cruel sections should be reformed.

I think that all the cruel sections should e completely abolished. All of us know well that what the unjust sections in FCR are. We have been suffering from it since 1901. We are second rate citizens. It was devised by the British rulers to contain the wild tribes. It was not to run the whole affairs of our lives under this law. It has handicapped our progress.

Malik Sahib Jehan from Mohmand Agency says that if it could not be abolished then at least the cruel sections should be reformed, I think that all the cruel sections should e completely abolished.We are second rate citizens. It was devised by the British rulers to contain the wild tribes.

Tribals even now live under FCR. They are considered as second rate citizens of Pakistan. FATA is considered a part of Pakistan but under FCR they are living a different life. Abdul Nasir says, People detest FCR but it is required that it should be abolished altogether and should be replaced with the regular law of the country. It was devised according to the needs of the British Raj to avenge these people. Now we are living in a free country and this law should have been abolished.

In 2010, under a Presidential Ordinance, Political Parties Act was extended to FATA. Its aim was to give a voice to FATA people. According to a senior journalist Pazeer Khan, this political freedom and other reforms have not been implemented as yet. Our situation is very bad here and people are faced with grave problems.

Most of the people detest this law and call it a black law. They have serious grudges against the political administration and security forces. These organs have excessive powers which are unjustly exercised. People Party Government made some amendments in it but still people demand that these reforms are not implemented.

According to a senior journalist Pazeer Khan, this political freedom and other reforms have not been implemented as yet.Most of the people detest this law and call it a black law. They have serious grudges against the political administration and security forces. These organs have excessive powers which are unjustly exercised.

Educated young people in FATA say that if they want to compete with the modern world then the only way forward is either to abolish FCR or basic changes should be introduced in it. It was Gul Hussain for CRSS from Mohmand Agency.

Shahab: Dear listeners, welcome back after the report from Mohmand agency. Our internet address is http://www.crss.pk.

Mr. Asad Afridi, We heard in the report about the views of different people. what do you consider as the most suitable way forward? If it is amended or ended then what would be the repercussions for the tribal people?

Asad Afridi; It is indeed a very serious and important question. The fact is that we have been working for long in FATA. There are people who are associated with political administration. On the other hand there are educated people who are on jobs in different departments. The largest portion is composed of youth in FATA. They are associated with different education institutions and are conscious people. Youth want change in FATA in every field. They want economic and social change.

Shahab: Every human has the right to live and this right is backed by legal rights. Is it so in FATA?

Asad Afridi: If we study FCR thoroughly then it could be found that every individual has no assurance of security in FATA. There is no concept of security of life in FATA. You can see the present situation in FATA where people are killed incessantly. There was a sense of security during the British Raj but now the whole system is shattered with no replacement.

Shahab: You did not tell me about the effects if it is ended or amended?

Asad Afridi: It will have good effects. There is a fade of leadership in FATA. If changes are made with the introduction of local government system then these representatives will take the responsibility. The required local leadership will be provided and it will have good results.

One of our federal ministers said yesterday that we want common law in FATA. I may mention drug mafia who has safe heavens in FATA.

Asad Afridi: Most of the people are against FCR as observed during this show. One of our federal ministers said yesterday that we want common law in FATA. What are the hurdles in the way when all the people want it?

Asad Afridi: there are some people and mafias who have vested interests in the old system. I may mention drug mafia who has safe heavens in FATA. There is timber mafia and the like. If federal government is serious in this matter then I find no reason why it could not be changed.

Shahab: Thank you so much for your time. It is good bye for now.

Source: https://archive.org/details/24-01-2014MoongQabailRadioProgramAboutFcrWhetherToEndItOrAmendIt

Series: CRSS Radio Program Series

Collective responsibility in Pakistan tribal areas (audio)

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No doubt, FCR is a tyrannical code of regulations but the most dreadful and abominable aspect is the presence of Collective Responsibility provision. This is a remnant of the old times when tribesmen were hard to find after committing a crime. The whole tribe was held responsible for the individual crime and had to face the music. But unfortunately even now innocent people are arrested and their properties confiscated under this provision in FCR.

Awareness in the FATA people can end most of their problems. According to Engineer Tor Gul, There are many means to it. You know that radio and news papers are accessed by people there. NGOs are also working there. Youth in FATA are ready to launch a movement for their rights. I request all the educated people to analyze the situation and devise a proper line of action to achieve the desirable results.

Moong Qabail: Collective Responsibility Under FCR, with host Asma Ali and guest Engineer Tor Gul Chamkani, FATA activist and writer. This Center for Research & Security Studies (CRSS) program also features reporting by Afzal Khan Mohmand in Peshawar and Gul Hussain Mohmand in Mohmand Agency.

Listen to the program

https://archive.org/embed/16-01-2014MoongQabailRadioProgramAboutCollectiveResponsibilityUnder

Asma Ali: With the name of Allah, the mercifully and mercy giving. Dear listeners, your host Asma Ali is here with the programme Moong Qabail on behalf of CRSS. As you know, this programme is about FCR. We try to discuss each and every aspect of this law. You can also contact us through telephone and internet. Today we are going to discuss Collective Responsibility under FCR. Our valued guest for throwing light on the matter of the day is Engineer Tor Gul. I welcome you to the show.

According to Engineer Tor Gul, We want to make it clear that it is not our custom and tradition. It was a kind of revenge by the British people.

Engineer Tor Gul: I am really grateful for being here.

Asma Ali: Our topic is collective responsibility and I want you to brief us about its implications?

Engineer Tor Gul: The basic matter is that it existed among all the nation in this region once. I want to say that tribals are also a part of Pashtoon. In the past it was the practice that every tribe was responsible for its own region. Collective responsibility lied with the whole tribe. But when the government writ extended to FATA, this aspect also faced changes. At present the tribals themselves want to reduce this collective responsibility under FCR because it is illegal. It is great injustice with the people. People are fined excessively and their fundamental rights are violated.

Collective responsibility lied with the whole tribe. But when the government writ extended to FATA, this aspect also faced changes. At present the tribals themselves want to reduce this collective responsibility under FCR because it is illegal.

Asma Ali: It is against basic human rights when innocent people are held responsible for the crime of a single person?

Engineer Tor Gul: It is in violation of human rights and constitution of Pakistan. FATA is a part of Pakistan but even then cruelty is being committed against the FATA people. Look at an incident in KPK where a brother commits a crime then his brother is not held responsible. But in FATA a whole tribe is punished for the crime of a single individual. There is not legal remedy for these people. All powers lie with the political administration. Now a days all those who are associated with political administration portray FCR as in accordance to the custom of the tribal people.

I do not agree with them. When FCR was implemented in 1901, it was not present in FATA but was in vogue in settled area. Later on it was imposed in FATA and Baluchistan. Baluch and Pashtoon have different customs and traditions. We want to make it clear that it is not our custom and tradition. It was a kind of revenge by the British people.

In KPK where a brother commits a crime then his brother is not held responsible. But in FATA a whole tribe is punished for the crime of a single individual. There is not legal remedy for these people.

Asma Ali: Our people are ignorant and cannot see for themselves if it is according to their customs?

Engineer Tor Gul: It is said by all those who get some benefits from political administration. But all the learned and wise people have realized that FCR is a tyrannical law. People are talking openly against it now. Most of the tribesmen want an end to it. There is only one group of people who want reforms in it while another larger faction says that it should be ended once and for all.

Asma Ali: What are kinds of collective responsibility?

Engineer Tor Gul: It may be restricted to a family or it could be between tribes. But it is needed that it should be considered according to the constitution of the country. Political administration wants to exploit tribal people. I assure you that most of the people in FATA want to end FCR. Tribal bonds have weakened and collective responsibility does not exist among the tribes.

According to Engineer Tor Gul, It is said by all those who get some benefits from political administration. But all the learned and wise people have realized that FCR is a tyrannical law.

Asma Ali: If a person is accused of a crime and he is fined. Whether all the people have to pay equal fine or there is clear division for payment?

Engineer Tor Gul: The manner and method differs for each region. But when the fine is declared, there is a manner to collect for each region. All the tribes are known and it is announced that how money will be collected.

Asma Ali: It means everyone has to share the burden?

Engineer Tor Gul: It is done either according to a family or a whole tribe.

Asma Ali: And our tribal brothers think it according to their own tradition?

Money will go to the pocket of Political Administration and Maliks. Right from a cleric to the President, everyone is trying grab money from FATA.

Engineer Tor Gul: Not at all. As I told you that now people in FATA are conscious about such practices. They know that all this money will go to the pocket of Political Administration and Maliks. Right from a cleric to the President, everyone is trying grab money from FATA.

Asma Ali: But the question is that what made these people realize that it is unjust law? They have not much access to information technology and news paper?

Engineer Tor Gul: It is wrong to say that there is no information with the tribal people. From the very start our tribal people are in contact with major cities and Gulf region. There are many educated people in FATA. But it is a pity that all those who excel in life do not bother much about FATA. World has become a global village and people are well aware about each issue. I have stressed in my book as well that if the government did not change the system in FATA, people will take the matter into their own hands and it will be devastating for the country.

Asma Ali: Dear listeners, It is time to listen to a report by Afzal Khan Mohmand about the issue in focus. He has talked to various people to know the ground reality.

REPORT: Afzal Khan Mohmand

FCR is mostly against human rights. Under article 21 to 26, collective responsibility is a part of it.In present scenario, this law has no legal validity.

FCR is mostly against human rights. Under article 21 to 26, collective responsibility is a part of it. Wali Khan Afridi advocate says that there is no justification for it now. In present scenario, this law has no legal validity. At that time many people lived in the hilly inaccessible regions and it was hard for the authorities to arrest the accused. So their relatives and tribes were held responsible to extradite the criminals. But at present all the tribesmen are living in populated and accessible regions and there is no need for collective responsibility.

At that time many people lived in the hilly inaccessible regions and it was hard for the authorities to arrest the accused. So their relatives and tribes were held responsible to extradite the criminals.

Anwar Mehsud from Waziristan says that if the administration cannot arrest the accused then his kith and kin are arrested. The responsibility is fixed for the whole tribe. Not only all the rights and privileges are stopped but his property is also confiscated. People are annoyed with this law.
Shah Khalid is a local resident in Bajaur Agency who says that each individual person is faced with different problems under collective responsibility. All the people are denied all the legal rights. Even children are denied to get legal document. People are deterred and the accused are detached by the people. People get into inferiority complex.

Saleem Shah is an advocate in Peshawar High court who says that such articles have no legal status. The administration claims to have granted facilities to the tribe and if a crime is committed then the whole tribe is responsible for it. If you look at the natural law and the law of the country, only the criminal is to be punished. It is also against Islam to punish the whole tribe for the ills of an individual.

Collective responsibility is unjust and only the accused should be punished. We want judicial system in FATA where everyone could get justice.

Tribal people demand regular laws in FATA. Liaqat Ali is a law student in Peshawar University who gave the same reply. Now people are conscious about their rights. Collective responsibility is unjust and only the accused should be punished. We want judicial system in FATA where everyone could get justice.This was Afzal Khan Mohmand for Moong Qabail.

Asma Ali: Welcome back after the report dear listeners. You heard the talk of different people. I may ask that lawyers said that FCR should end or reforms should be introduced. Has the last reforms in FCR during Zardari reign has affected FCR?

Engineer Tor Gul: People have divergent views about it. Most of the Maliks said that reforms should be introduced. But the differences of opinion do exist. But I stress that under the constitution of Pakistan tribals are Pakistani citizens but under the article 247, FATA people are denied all kinds of civic rights. I think unless the constitutional rights are granted to tribal people, we expect no good change.

There are plenty of MPs from FATA with right of adult franchise. Moreover in 2011 political parties act was also extended to FATA. All these reforms have always been greeted by the people in FATA. But we need to change the constitutional status of FATA. There are three suggestions. One is that many people want a separate province. Some other want integration with KPK. While some other suggests a FATA Parliamentary council. It has the solution to hold a referendum in FATA about the future status.

Under the article 247, FATA people are denied all kinds of civic rights. I think unless the constitutional rights are granted to tribal people, we expect no good change.

Asma Ali: What do you think that if any one of these suggestions is met, what changes will it bring for the people of FATA?

Engineer Tor Gul: There are problems in the way of having a separate province of FATA. The reason is that there is no central place in FATA. There are differences among the tribal people as well. Moreover all the tribal people are connected with Peshawar one way or the other. If FATA is integrated with KPK then it is quite a possibility. I want that a FATA Representative Council should be formed to have all the necessary legal and constitutional rights. Our MPS from FATA should have the power to legislate for FATA. This council should work for some time to normalize the situation.

Asma Ali: It is alleged that the reforms and changes in FCR are not acted upon. There are still so many people who are mal treated by the administration. If FATA Mps are grated the rights to legislate for their region will bear any good result?

Engineer Tor Gul: People get elected from FATA through adult franchise but have no power to legislate for their region. They do not want to serve their people. They just amass money and love to live in Islamabad. We want to bring the people of FATA into the main stream of national life. We are treated like slaves at present. We need proper legislation for FATA. At present we have no proper mechanism in tribal belt to demand for rights. While the administration in FATA does not want to change the system.

According to Engineer Tor Gul, We want to bring the people of FATA into the main stream of national life. We are treated like slaves at present. We need proper legislation for FATA. At present we have no proper mechanism in tribal belt to demand for rights.

Asma Ali: I may ask that as a father commits a crime and his whole family is affected. Which kinds of people receive the mist negative implications? Are these women and children?

Engineer Tor Gul: Tribal people have a better understanding now about fixing the responsibility on the accused. FCR affects children and women to a great extend. People are well aware now that such things like collective responsibility are out of date and archaic. People are crying to end this rotten system.

Asma: When an elder has been put into prison, there are so many problems for him back home?

Engineer Tor Gul: All over the country there is violation of the law of the land. It does happen every now and then. Jirga is still active in our tribal belt and has some concession for the people there. Most of the matters are solved through Jirga. But it is the cry of the day that judiciary and legislation should come into FATA.

Jirga is still active in our tribal belt and has some concession for the people there. Most of the matters are solved through Jirga.

Asma Ali: When a person is arrested, he ceased to receive any concessions and privileges?

Engineer Tor Gul: Rights are suspended for the whole family or tribe. Individual has no special rights in FATA under FCR but the tribe has. Malik System was introduced with some concession of permits. Such Maliks were allowed to carry some goods from one place to another. It was also called Lungi. These Maliks used to help and support the administration. But when the fine is imposed or to solve any other issue, these concessions are withheld. But when the administration cannot arrest a particular person then collective responsibility is taken help from.

Individual has no special rights in FATA under FCR but the tribe has. Malik System was introduced with some concession of permits.

Asma Ali: Dear Listeners, we are discussing the affectees of collective responsibility. We will listen to a report by Gul Hussain about such a person who became a victim of this law.

REPORT:
FCR has been in vogue for more than a hundred years. It had banned the freedom of expression and thousands of homes had been demolished. Hundreds of people longed in prison for years. Malik Muhammad Amin is among one of such victims who belonged to Yaka Ghund in Mohmand Agency. He was arrested in 1999 when he was participating in a tribal processional. There were protests and processions for our rights. We were arrested and sent to prison. Some were sent to Haripur. We suffered a lot. Our homes were demolished and face atrocities. There is a system of local bail in our law. PA took guarantee from our tribe on the condition not to involve any such activities.

Malik Muhammad Amin is among one of such victims who belonged to Yaka Ghund in Mohmand Agency. He was arrested in 1999 when he was participating in a tribal processional.

Malik was arrested under 40 FCR. He was presented to a regular court of law but was sent to Central Jail in Peshawar for a long period. PA arrested us on false charges. We were held in Yak Ghund at first and then under FCR we were sent to other prisons. PA was responsible for all our troubles.
He spent three months for the sole reason of asking for his own rights. What had happened to his family is evident now. Our families and kids were detached from us. Our families suffered all kinds of worries and troubles. Not only my kids but the whole region suffered. Nobody has ever compensated us. We have faced great loses and nobody came to even console us.

Under this law when Muhammad Amin was sent to prison is not the only example but there are thousands of other people like him. Although there are many changes in FCR now but people needs to be make aware about all these things. This was Gul Hussain Mohmand.

Asma Ali: Dear Listeners, welcome back in the show. We heard a report who got arrested under collective responsibility. I may ask that at present there are still so many people who face this problem. But there are still so many local people who say that this practice is a part of the tribal tradition?

Engineer Tor Gul: I told you in detail that collective responsibility was framed for a particular purpose. It has been changed considerably now. Whosoever call it a part of the tribal custom is wrong. When there is a problem with the tribal people then all of them are arrested and their property confiscated. The fact is that there are some problems among the tribes as well about collective responsibility. All the wise people say that government has some vested interest in this practice.

It is indeed a cruel practice to punish so many people for the wrong of one person. It is violation of our constitution. All the people should rise against. There are so many people who are active workers of political parties in FATA. In 1938 FCR was terminated in the province. Why was it terminated if it was a part of the tradition of the Pashtoons? Moreover, why the people of settled areas are not demanding it in their areas if it was a part of their culture? All the Muslims are brothers in Islam. The tribals have to rise themselves for their rights.

The fact is that there are some problems among the tribes as well about collective responsibility. All the wise people say that government has some vested interest in this practice.

Asma Ali: Has a Political Agent jurisdiction to confiscate to property of a tribesman in settled area?

Engineer Tor Gul: PA has the power to impose a sentence of 150 years. He can send a person for three years to prison without any reason. PA has such powers that he can shut down the whole bazaar for a petty reason.

Asma Ali: how much is the education of children affected under collective responsibility?
Engineer Tor Gul: To be very frank I may say that health, education and other developmental works involve so many other people. PA receives money to grant a school to a Malik. The Malik appoints his own people in the school and then this school is used as a farm house. Same is the case with hospitals. I agree to your question but in the present scenario the ongoing operations in FATA has closed the doors of education and progress in the whole region. Thousands of people are living as IDPs. My suggestion is that unless the people of FATA employ the democratic means to achieve the desired targets, Problems in FATA cannot be solved. America is also present in the region and the priorities are changing. These are critical times for FATA.

PA has the power to impose a sentence of 150 years. He can send a person for three years to prison without any reason.PA receives money to grant a school to a Malik. The Malik appoints his own people in the school and then this school is used as a farm house.

Asma Ali: You mentioned several time that awareness is coming in our tribal belt. What should be done to increase this process of awareness?

Engineer Tor Gul: There are many means to it. You know that radio and news papers are accessed by people there. NGOs are also working there. Youth in FATA are ready to launch a movement for their rights. I request all the educated and learned people to analyze the situation and devise a proper line of action to achieve the desirable results.

Asma Ali: Thank you so much for being with us. Dear listeners, you heard the programme about collective responsibility as propounded under FCR. It is good bye for now.

Source: https://archive.org/details/16-01-2014MoongQabailRadioProgramAboutCollectiveResponsibilityUnder

Rights of FATA children and elders under FCR (audio)

It is only mentioned in the main body of FCR in section 11 that if a child is less than 16 years of age then he will be favoured. But under new changes in FCR, it is mentioned that if armed forces are raiding a place, they have to see that if there elderly people and women, then they should be cared about.

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According to Basheer Safi advocate, FCR is violating the basic rights of adult strong men and it is ridiculous to talk about the rights of children and elderly people. Juveniles are the worst hit by FCR as the social worker Muneer Bangash says.

When we consider children and women along with older people, it is observed that all of them are directly or indirectly affected by FCR. Under joint responsibility, children are affected the most. They are dislodged and their schooling is affected.

FCR has no redemption for them. There are still many elderly people like Malik Ameer Jan who are still arrested under the guise of collective responsibility in FATA. It is the need of the time that all the people inside and outside tribal regions should make a collective and sincere effort to end this draconian law.

Moong Qabail: Rights of children and elders under the Frontier Crimes Regulation (FCR), with host Abdul Hakeem Mohmand and guests Basheer Ahmad Safi, advocate and Muneer Bangash, social worker. This Center for Research & Security Studies (CRSS) program also features reporting by Inam Ullah in Peshawar and Gul Hussain Mohmand in Mohmand Agency.

Listen to the program

https://archive.org/embed/27DecemberMoongQabailRadioProgramAboutRightsOfChildrenAndElders

Abdul Hakeem: Dear Listeners, your host Abdul Hakeem is here with the programme Moong Qabail. This programme is brought to you by CRSS Peshawar. You can also contact us on our prescribed numbers and through internet as well. As you know we brought shows about various issues in order to voice the concern of common people. In today’s program Moong Qabail, we are talking about FCR of late now.

We have discussed its effect on all the people and why is it called a Black Law. Today, we will take up the issue of the rights of children and elder people under FCR. Our worthy elders who were the pride of our nation and our children have how many rights under FCR? We have invited two worthy guests today.

One is Mr. Basheer Safi who is an advocate and has deep study about FCR. Mr. Muneer is also with us who is a social worker and has worked in our tribal area. I welcome you both in the programme. Mr. Basheer Safi, what do you think that the children and the elders who play such a vital role in a country have enough rights in FCR?

If we consider human rights and the fundamental rights in our constitution and compare them with FCR, we will observe that even the strong men have no rights; what to talk of the rights of women and children.

Basheer Safi: Before discussing FCR I want to talk about the background of FCR. If we go further into history before 1901 and look at the history of our tribal region, we will note that we had a rich tradition and good system. Before enacting any law for a region, ground realities are to be considered. But we can see that FCR was imposed for the sole purpose to control the Tribals and ground realities were not considered. It is only a regulation and not a proper law.

To regulate Tribals, FCR was implemented and a controlled system was enacted. I may give you just one example of collective responsibility which shows that FCR is just to regulate the affairs in tribal region. It is not a proper law and is only regulatory act.

The whole world calls it black law. If we consider human rights and the fundamental rights in our constitution and compare them with FCR, we will observe that even the strong men have no rights; what to talk of the rights of women and children. It is only mentioned in the main body of FCR in section 11 that if a child is less than 16 years of age then he will be favoured.

But under new changes in FCR, it is mentioned that if armed forces are raiding a place, they have to see that if there elderly people and women, then they should be cared about. The elderly people are mentioned as above sixty years of age. But it is mentioned in case of emergency and not in ordinary situation. Otherwise no rights for children are mentioned.

Section 11 also mentioned children of less than sixteen years that they should have the facility of bail. But it is not a mandatory law and the political administration can refuse to accept bail for even a small child. There are no fundamental rights in FCR.

Abdul Hakeem: Has our constitution given all the fundamental rights to tribal people? Basheer Safi: look, whenever a law is framed than it should be according to the constitution and Shariat. If we look CRPC in relevance to bail, it is clearly mentioned that if a person is in extreme old age then the court has the discretion to bail him out.

Below 18 years age are to be ascertained first. In case he is under age than he should be provided specific place even in prison. Then if the trial is taken of him, he will be tried separately. It is also important to note that if his penalty is less than ten years than the court will accept his bail. But if he is involved in heinous crimes even than he will be granted probation period with his guardian,

Maliks are responsible for this state of affairs. They are getting privileges and have vested interest. Our founder has also said that all people should have equal rights. We are also Pakistanis and do not belong to Israel.

Abdul Hakeem: It means that our constitution has given these rights to children but FCR does not give them these rights. Now I want to ask Muneer that what your own observation is in this regard. Muneer: as far as working in the society is concerned I may say that FCR is the root cause of all troubles in FATA. But when we consider children and women along with older people, it is observed that all of them are directly or indirectly affected by FCR.

Under joint responsibility, children are affected the most. They are dislodged and their schooling is affected. FCR has no redemption for them. When their fathers are arrested, the children are also affected. Migration is also very difficult for them. As Mr. Advocate said that FCR does not give rights to adult men so what to talk of rights of children.

There is no awareness among our people. There is no information with the common people but only lawyers know about it. How can a child or a woman know about her rights? Your programmes are very effective in this regard. There is no doubt that all are suffering but children are the most vulnerable.

Abdul Hakeem: You are a social worker and have you seen any such cases? What is their psyche? Muneer: when they are arrested than after a couple of days they are exchanged with an adult person. But the few hours that he has to spend there, are enough to torture them mentally. The administration has to arrest someone and they do not care about old age or under age. Even these children refuse to go to cities in the future.

We have seen so many cases. The administration is requested time and again to exchange these children. Caller: I am Nasir Afridi from FR Peshawar. I may say that we are not literate people like you but we have to live in the society. We demand regular law for the whole of FATA.

Abdul Hakeem: You seem to ban elder but why our people have not taken any step against this law? Nasir: Our Maliks are responsible for this state of affairs. They are getting privileges and have vested interest. Our founder has also said that all people should have equal rights. We are also Pakistanis and do not belong to Israel. I have some bullets used by my ancestor s in 1947 and in Kashmir.

Abdul Hakeem: If we compare the rights of children and elders under constitution, we can observe that even old houses are being established in settled area. Why no lasting changes could not be brought and we are treading the law adopted by the British for us?

Every law and constitution in the world has identified basic human rights. In 2011 after reforms in FCR, it was stressed that old age and under age people will not be arrested under collective responsibility in FATA. But legal expert Ijaz Mohmand does not consider these reforms as enough.

Basheer Safi: FCR has also given us the procedure. If a crime is committed by a person then he may be arrested by the PA after a proper report. Then a Jirga will be formed and evidences will be collected. It is our bad luck that we are not even aware about its nature. If a common tribesman is arrested, he does not know about his rights and legal procedure. Now when it was imposed in 1901, why is it still intact? Our elders in the form of Maliks are benefiting them.

But if an elder does not talk about his right and if our MPs and Maliks do not want change than how can it be changed. Our MPs cannot legislate for FATA. Not a single competent person Is there in Islamabad to talk about it with the highest authorities in the country. Abdul Hakeem: Salman Ahmad has prepared a report about the issue in focus. Let us listen it. REPORT: Salman Ahmad.

Every law and constitution in the world has identified basic human rights. In 2011 after reforms in FCR, it was stressed that old age and under age people will not be arrested under collective responsibility in FATA. But legal expert Ijaz Mohmand does not consider these reforms as enough. He says that children should be given guarantee to safe guard their rights. If a child refuse to attend a school than he should be send by force.

If a child is involved in a heinous crime than he should be kept in a separate prison. Juvenile justice is very important.In tribal and Pashtoon society grey haired elders draw much respect. After amendments in FCR, people with more than 65 years of age are exempted from arrest. But still there are many cases where this law is violated.

Advocate Ijaz Mohmand says, There are appeals and cases in FATA tribunals and high court. It means that such old people are being arrested even after the reforms. It should be acted upon and children and elders should receive the practical benefits.

After reforms in 2011 in FCR, juvenile reforms are also extended to FATA but practically it is not acted upon. Qais Afridi from Khyber Agency says that such reforms are also an injustice with tribal children. When we talk about the rights of elder people and small children, it is an injustice with our children in the tribal region. The age limit for children to be legal for getting an identity card is 15 years in settled area but now it has been extended up to 18 years in FATA. Similarly the age limit for old people is 60 years in settled area but it is 65 years in FATA.

We demand that there should be uniform rules for the whole country.Another resident Hussain Khan praises these reforms but says that most of pour people are ignorant and do not know about their rights. As far as children and elder people are concerned I may praise the recent reforms.

Our children and old people have no awareness about their rights when they are maltreated. They have no source and approach to get justice. It is the duty of the state to provide all the rights to children and old people. The legal experts consider these reforms as good omen but on the other hand they criticize categorically the incompetency of the government not to implement them.

Abdul Hakeem: Welcome back in the show Moong Qabail. You heard the report where Ijaz talked about the rights of children and elder people. What you say about the report.

Basheer Safi: Law without implementation is nothing. If a law is wrongly implemented than it is harmful. FCR has not covered all the aspect of law. If it has mentioned some of the rights, the question is that in our tribal area we have political administration where executive and judicial powers are vested in the same person.

The executive arrests a person and then try him as well. There is nobody to hear an accused. In our regular law if a person is accused than he can hire a lawyer who defends him. But we have a problem in FATA that a person has no right to prove himself not guilty. Here the law is clear that within 24 hours he has to be produced before an official.

The legal experts consider these reforms as good omen but on the other hand they criticize categorically the incompetency of the government not to implement them.

But in tribal region nobody dares to approach political agent because he has all the powers. The problem is that people are unaware about their rights. If people had education, this law would have been done away with long ago. Secondly, simple solution is that Peshawar has good judicial system. We have law, PPC and qanoon e Shahadat. Why this law could not be implemented in FATA. Remove the FCR and implement this law while retain the executive with the Political Agent.

Abdul Hakeem: Salman said in the report that some of the people come to high court. What you say Mr. Muneer? Muneer: I want to say that when a person is arrested under collective responsibility, all his rights and documents are snubbed. He cannot receive a domicile and an identity card.

His children cannot get the necessary document and they cannot get education. These are drastic repercussions for the children. We are unaware about many things. You cannot get any information in FATA because PA is all powerful and nobody dare to oppose him. I demand that children should be exempted from these restrictions.

Caller: This is Saif ur Rehman from FR Kohat. I have been listening to your talk about FCR. We are not satisfied with FATA tribunal. It is located in Peshawar and it is hard for the people of Waziristan to approach it. We demand that FATA tribunal should be established in each agency. Awareness will come to tribesmen through education. Our education institutions are destroyed and these should be reconstructed.

Abdul Hakeem: FATA Tribunal is like appellate court for FATA. Could you please explain that a child or an elderly person is maltreated and whether he can approach this Tribunal? Basheer Safi: First of all we have to come to law first and then FCR. I give you an example that a civil dispute is dispensed with by PA through Jirga. Against this verdict you have to commissioner FCR. He does not record additional evidence but he will mark it again to PA.

Where has it gone again. To the same party which has created the problem. We have to reform the basic root. People do not come to tribunal directly. In case you are affected by the decision of PA then you will come to commissioner FCR and then to FATA Tribunal. If a person is missing and you come to FATA tribunal, the question is that how can it decide the case unless there is nothing on the paper. Unless FCR is changed with judicial system, it cannot give us any benefits.

Abdul Hakeem: The rights that are granted to Children and elder people and whether these are granted or not is our main topic for today. But it is time to listen to a report by Gul Hussain from Mohmand Agency. This report is about such an elder person who has spent long imprisonment under FCR. Let us listen to it.

REPORT: Gul Hussain, Mohmand agency. My name is Amir Jan from Yaka Ghund. I am living at home now. Our lands were given to administration where Yaka Ghund Degree College is established. The school is also constructed on our land which was demolished by Taliban in 2008. Then the school was constructed which was given in contract to a man from Pandialy. We were annoyed with this decision and we had a scuffle in a hotel.

We were called to by administration and put into prison. This was Malik Ameer Jan who is 62 years of age. He was illegally put into prison under collective responsibility even after the reforms in FCR. He was put into prison until he gave power to Jirga to decide his fate. Very severe guarantee was sought from me and now I cannot even visit my own school. I am bound by the term of Jirga. We were alleged to have fought in a official place. Although it was only a trivial scuffle and nobody was injured.

We were put into prison. He says that administration did not take care about my age and grey hairs. According to Jirga we were to be paid seventy thousand rupees by the other party. But this money is confiscated by the Political Administration. I went a few times but I was not given the money on the pretext that we had fought on government property. We spend some time in prison and were in great trouble.

But we can do nothing about it. We had given the school in charity to help our people. We did not do anything wrong with the government. After the amendments in FCR in 2011, there is restriction on the arrest of children and elderly people. But due to non awareness and ignorance about the law, several children and old people are still longing in prisons in FATA. Malik Ameer Jan is an example from those numerous people. Government and NGOs should pay their attention to this issue.

Abdul Hakeem: Dear listeners, welcome back after the report. One thing stuck me when he said that administration did not cared about my grey hairs?

Basheer Safi: There are thousands of such stories in FATA. He also talked about Jirga which was imposed upon him. Jirga is always called to decide a matter but it is always influenced by the Political administration. It is understood that Jirga will decide according to the will of the PA. We have to change FCR with independent judicial system. Otherwise such stories will multiply with the passage of time. The only solution is to end FCR.

Abdul Hakeem: Want the question that whether people have the right to approach High Court. Judiciary in settled area is very powerful. Has there been any effort on the part of the High court to give basic rights to FATA people?

Basheer Safi: Under section 247 clause 7 it is clearly mentioned that appellate courts not extended to FATA. We cannot use this forum.

The world looks at the constitution of Great Britain for inspiration but the same people have imposed FCR on us.

Caller: This is Ihsan Ullah. I will be brief. Islam has given rights to children and old people. But of look at tribal area, there are many hurdles in FATA to implement human rights. Political people do not make any efforts for them. There is nobody to take their case. This programme will make people aware about it. I want to ask Mr. Advocate that whether the affected person in that report has anything to redeem himself now?

Abdul Hakeem: Thank you for calling. Have the Non Governmental organization ever made any efforts to safeguard the rights of children and elders? Muneer: To be very frank I may say that no greater efforts have been made so far. The main responsibility now lies with the civil society to make people aware about this issue. It needs serious effort. Individual efforts are made but collective effort is needed.

Muneer: It is a matter of implementation. It is to see whether it is changed for real. I think the change is only on paper and ground realities are still very hard.

Basheer Safi: We have been maltreated. The world looks at the constitution of Great Britain for inspiration but the same people have imposed FCR on us. If we want to remove this law, we all have to come together to bring real change.

Abdul Hakeem: Mr. Muneer you said that when an elder is affected by FCR, his children are greatly affected. On one side an elder is arrested, on the other hand the future of our country is destroyed. What do you think?

Muneer: It is a matter of implementation. It is to see whether it is changed for real. I think the change is only on paper and ground realities are still very hard. We ourselves have to change it. It cannot be changed with talks and shows. Change starts from the mind but unfortunately there is no awareness.

A collective effort by the whole civil society is greatly required. Abdul Hakeem: There many powerful people in FATA. Muneer: Yes indeed if the political leadership and people in FATA come together and make sincere effort than it is quite possible.

The whole world calls it black law.

Abdul Hakeem: Does a child goes to militants when he is affected? Muneer: Naturally he will go there in the present scenario. Abdul Hakeem: What in your opinion should be done with FCR to give greater rights to children and elders? Basher: If there is anything which is good for people should be retained while the rest should be changed.

We have parliament and courts but sincere effort is needed. All educated, uneducated and civil society should make efforts to change this law. Abdul Hakeem: thank you so much for such wonderful talk with us. Dear listeners, I hope you appreciate our effort for today. It is good bye for now.

Source: https://archive.org/details/27DecemberMoongQabailRadioProgramAboutRightsOfChildrenAndElders

Series: CRSS Radio Program Series