The government on 9th March 2017 approved a set of steps to be taken for proposed merger of the Federally Administered Tribal Areas (Fata) with Khyber Pakhtunkhwa and a 10-year reform package to bring the tribal region on a par with other developing areas of the country.
Over Rs110 billion development package, proposed by a six-member Fata reforms committee, has been approved for the seven agencies of the tribal region. Jurisdiction of the Supreme Court and the Peshawar High Court will be extended to Fata, where a new blend of judicial and traditional jirga system will provide justice to people.
In November 2015 the parliamentarians from Fata had submitted a bill and demanded the merger with KP. In this regard PM Nawaz Sharif formed a five-member Fata Reforms Committee under the supervision of his Advisor on Foreign Affairs Mr. Sartaj Aziz.
Fata is governed by the Frontier Crimes Regulations (FCR) made by the British. These laws give all powers to the political agent and they can punish the entire tribes and clans for the actions of individuals.
Constitution of Pakistan doesn’t allow parliamentarians from FATA to legislate for their area and Section 7 keeps the tribal region outside the jurisdiction of the Supreme Court of Pakistan and the high courts. In these reforms, the jurisdiction of the Supreme Court and the Peshawar High Court will be extended to this region.
Presently Fata has representation only in the National Assembly.
Downside
It was proposed in the reforms that FCR will be replaced with the local Riwaj Act, but there is no difference between the FCR and Riwaj, just a change of name. In simple words both FCR and Riwaj Act are the two sides of the same coin. There is no need of any other laws like Riwaj Act. What we need is implementation of Constitution of the country.
Following the merger Fata will completely lose its seats in the Senate. The people of the area will also lose their quota system in various departments, like their seats in central superior services and other competitive exams. Fata will also lose its share in the National Finance Commission and other shares of the finance.