*Originally published in The Nation.
There is no shortage of the absurd in the land of pure.
In continuity of the norm of absurdity, the returning IDPs of North Waziristan were recently required to sign a certain “Social Agreement North Waziristan 2015”. The document requires the reaffirmation of their allegiance and loyalty to the Constitution of Pakistan, the Frontier Crimes Regulation, along with a host of other things including that protection of government institutions as the responsibility of the tribes.
A report in Dawn mentions some contents of Agreement: ‘If a tribe fails in fulfilling its responsibilities mentioned in FCR, then the government will withdraw all incentives of the tribe or clan including cancellation of national identity card, passport and other documents. Their properties including houses would be confiscated or demolished or they will be barred from the area. The people would be responsible for maintenance of peace, security of the government bodies and action against anti-statement elements.’
The agreement, a compulsory and non-negotiable prerequisite for all returning families and tribes, is alarming in all its character. By placing doubt on the loyalty and allegiance of a people who made the greatest sacrifice and abandoned everything for a war proclaimed in the name of Pakistan; and by placing immense responsibility on them for preventing elements on their land, that caused them such hardship in the first place, is but a travesty that stands as a deplorable testament to the Pakistani state today. The obligation upon the people of North Waziristan to “keep their soil free of anti-state elements” is a clear reversal of traditional roles of the state and the people with the former responsible for the security, safety and protection of the nation. It is a denial and disavowal of the state’s responsibility by the state itself.
However, the origins of such obligations and requirements are not new, rooted deeply in a product of British colonialism of 1901 that still prevails in FATA and upon its people in the 21st century: the Frontier Crimes Regulations.
Formulated to rein in Pashtun opposition to British colonialism, the FCR has only been nominally amended since. Legislation passed by the Pakistani parliament is invalid in FATA due to Article 247 of the Constitution which invalidates the application and operation of laws made by the Parliament, and removes FATA from the jurisdiction of Pakistani courts.
It truly is shocking how a colonial relic is very much alive in governing the people of an independent country in the 21st century. And while the rest of Pakistan may debate over the progress of democracy, civil liberties and rights, the people of FATA are still virtually colonial subjects, governed by a colonial set of relations, barred from the share of any political, social or economic development and participation in the rest of the country. The prevailing existence of the FCR in Pakistan is, but a stark reminder of the bleak credibility and character of democracy in the country; and the character of the state and country itself.
The Agreement proceeds to further say that, “You will not become part of any action intended against peace and security of Pakistan and will prevent enemies of the state, Constitution and institutions or local and foreign terrorists from using your soil against the country”.
While the part about not becoming part of any action intended against the peace and security of Pakistan seems fairly clear and innocuous, a second glance reveals the opposite. Since compliance with the FCR has been the main component of the allegiance, challenging the draconian system of laws would naturally constitute a challenge to the state; a disruption to the peace and security of Pakistan. Conflating the FCR with the state, which virtually doesn’t exist in FATA, and Pakistan, is farcical at best. It is also precisely because FATA is virtually removed from Pakistan in every aspect, that the region is open as a fertile ground to local and foreign actors, along with powerful organs of the state, their machinations and plays – a state within the state – all at the expense of the people of the region.
The formulation of this Agreement thus, leaves no room for hope against bringing the people of FATA in the mainstream of the country with full citizenship rights; and attempts to subdue the utmost necessity of doing so. The Agreement is also indicative of the lack of intent prevalent in the corridors of power in Pakistan regarding the reform, repeal of the FCR, or any relief for the people of FATA.
During President Zardari’s tenure, a number of amendments were made to the FCR which included the extension of the Political Parties Order of 2002 allowing the operation of political parties in the region, the right of appeal against decisions of the political agent; and changes in the Collective Responsibility Clause for women, children and senior citizens in cases of arrests and detentions. However, their practical implementation is subject to much debate today; as the amendments themselves remain bound within the FCR framework that still holds FATA in its grip.
The FCR is a chief instrument of the dehumanization of the people of FATA who are daily witnesses to myriad difficulties and horrors, which barely make the margins of our news, let alone national and political consciousness. The late Justice Cornelius is said to have famously remarked that the FCR is “obnoxious to all recognised modern principles governing the dispensation of justice”. And his words resound even more loudly today.
Perhaps it would be more prudent if our lawmakers, leaders and media persons discussed and debated the conditions of FATA and Balochistan as vigorously as Pakistan’s possible role in a conflict in the Middle East.
For Pakistan cannot move an inch forward with such shards sticking painfully in its heel.
~ Hafsa Khawaja