The federal government is running an expensive ad campaign in the media patting itself on the back for what it calls an end to 100 years of injustice being perpetrated against the people of the tribal areas under the Frontier Crimes Regulation (FCR). At the centre of the ad campaign are measures that President Asif Ali Zardari promulgated into law in the middle of last month. Claiming to be in line with an August 14, 2009 reforms package that Zardari had promised for the Federally Administered Tribal Areas (Fata), these measures (a) allow political parties to operate in and from the tribal areas as well as permit tribesmen to become the members of the political parties of their choosing; and (b) create changes in the FCR to bring it in line with national and international laws on human rights.

The government may justify its ads by pointing out that its opponents, too, are praising it for the steps it has taken. Sirajul Haq, a central leader of the Jamaat-e-Islami, seems to be doing just that when he says “we appreciate [the changes] despite differences with the [ruling] Pakistan Peoples Party.” Senior lawyer and political activist Lateef Afridi is also happy with the government and sees the changes as a good first step. “This is a beginning,” he says. For Afridi, permitting political parties to work in Fata is more important than anything else. “It enables the people to join the mainstream. Their fundamental right to association has been accepted. Their problems and grievances can now be highlighted by the political parties,” he says.

Others are not too happy. Political analyst Dr Khadim Hussain says political parties working in Fata looks good on paper but then is it practically possible? “Will any political party be able to hold a public meeting in Bajaur or Orakzai or Waziristan?” he asks. “Allowing political parties in Fata will not be effective until you establish the writ of the state which constitutes both a sense of security among the people and the smooth working of state institutions.” According to him, both these things are absent in Fata today.

The federal government is running an expensive ad campaign in the media patting itself on the back for what it calls an end to 100 years of injustice being perpetrated against the people of the tribal areas under the Frontier Crimes Regulation (FCR). At the centre of the ad campaign are measures that President Asif Ali Zardari promulgated into law in the middle of last month. Claiming to be in line with an August 14, 2009 reforms package that Zardari had promised for the Federally Administered Tribal Areas (Fata), these measures (a) allow political parties to operate in and from the tribal areas as well as permit tribesmen to become the members of the political parties of their choosing; and (b) create changes in the FCR to bring it in line with national and international laws on human rights.

There are a number of reasons for not being euphoric about the changes but the biggest of them all is the way Zardari had to first issue two draconian regulations in June of this year before being able to announce his reforms package. There is a general perception in Peshawar that the federal government succeeded in convincing the army to allow changes in the FCR by appeasing it through the promulgation of Actions (in Aid of Civil Power) Regulation, 2011 for Fata and Actions (in Aid of Civil Power) Regulation, 2011 for the Provincially Administered Tribal Areas (Pata). It seems, says Haq, that changes in the FCR were made under political pressure and the regulations were issued to appease the security forces by giving them unbridled powers.

A comparison between the amended FCR and the two regulations reveals that the latter takes far too many human and legal rights away from the tribesmen than the former promises them. For instance, the regulations allow the armed forces to set up internment centres where the accused can be detained for an unspecified period. While the amended FCR says the law enforcers must produce an accused before the authorities concerned within 24 hours of arrest, the regulations empower the armed forces to detain an accused for an unspecified period without having to produce him anywhere.

The regulations — in a clear sop to the military to enable it to create garrisons in the Fata and Pata, empower the armed forces to possess and occupy any property with the approval of the governor. This is clearly a violation of the fundamental right to own and possess property. Still more troublesome is the provision that a statement or deposition by an armed forces officer, or anyone on his behalf, shall be enough to convict an accused. Similarly, all evidence, information, material collected, received and prepared by the military, or its officials, shall be admissible in evidence and shall be considered sufficient proof. This clearly flies in the face of the law of evidence and is aimed at convicting hundreds of people detained in Malakand division and tribal agencies under terrorism charges.

The president has allowed the regulations to become retrospectively effective from February 1, 2008 which is obviously aimed at providing legal cover to the military operations and arrests made in Fata during that period. The regulations also allow the armed forces to only internally investigate any misuse or abuse of authority by their personnel. Legal experts say this provision lets the armed forces judge themselves on the accusation of misuse of power.

It is because of these reasons that even some allies of the government are critical of the regulations. Akhun Zada Chittan, a member of the National Assembly from Bajaur Agency who sits on the treasury benches, says, “We [Fata parliamentarians] have not been taken into confidence while promulgating the regulations and, therefore, we feel apprehensive [about their impact].”