GO FCR GO #ABOLISH FCR, EXTEND CONSTITUTION TO FATA
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GO FCR GO
MAINSTREAM FATA, EQUALITY, LIBERTY, AND PROVISION OF FUNDAMENTAL RIGHTS TO THE TRIBESMEN
WE DEMAND: MAINSTREAMING OF FATA AND EQUAL CONSTITUTIONAL STATUS TO TRIBESMEN
The people of Federally Administered Tribal Areas (FATA) are deprived of the basic human rights enumerated in the constitution of Pakistan. we demand extension of constitution to FATA which is governed under the colonial law -Frontier Crime Regulation (FCR) for centuries . This colonial law denies basic human rights in the 21st century to millions of people of FATA. THE Pakistani government should abolish FCR and extend constitution to this lawless region and the people should be freed from the clinches of the prevailing draconian law.
FATA consist of Seven Agencies namely South Waziristan, North Waziristan, Kurram, Orakzai, Khyber, Mohmond and Bajaur and six Frontier Regions, FR Tank, FR Dera Ismail Khan, FR Bannu, FR Lakky, FR Kuhat and FR Peshawar, inhabiting millions of people.
The constitution of Pakistan does not guarantees liberty and social justice to the people of Federally Administered Tribal Areas (FATA) as it has been administered by a century old administrative system introduced by the British government in 1901. Under Article 1 of the 1973 Constitution, FATA is a part of Pakistan but constitution is not extended to this border region of Pakistan. Article 247 of 1973 Constitution deals with exercise of power in FATA. The President of Pakistan is the executive head of FATA and exercises his power through his agent, Governor of Khyber Pakhtunkhwa. underthe Governor, there is a Political Agent in each agency who commands political, executive, legislative and administrative authority in the agency. He is the judge, juror, police chief, prison official, local administrator and prosecutor. The Political Agent is the supreme head of the Agency with ultimate power and can be called an emperor without a crown. Constitutionally, no law of parliament is applicable to FATA until the President of Pakistan desires to implement it. FATA is represented in both the upper and the lower houses of the Pakistani Parliament but FATA parliamentarians cannot legislate for their region.
The denial of political and civil rights and liberty not only grounds for the backwardness of FATA but is the major cause of pushing the region into the present turmoil and violence.
In a democratic setup it is the utmost responsibility of the state to provide basic rights and guarantee security to its citizens. It is high time that the government should opt for political process and encourage political activities in FATA rather than military operation.
The prevailing system of justice under the FCR in FATA is miserably failed to protect life, property and liberty of individuals and tribes. The FCR provisions include confiscation of property, demolishing of houses, baring individual or tribe to enter the settle areas of Pakistan, expelling a person from his residency, imposition of fine on entire tribe of the accused or criminal, and no right to go to any court in the country against the inhuman and ultra-constitutional decision of Political Agents.
FCR articles include “seizure of property and arrest and detention of an individual without due process, barring a person in the tribal areas from entering the settled districts (Section 21); removing a person from his residence/locality (Section 36); imposition of fine on the entire community for crimes of an individual (sections 22, 23); prohibition on erecting village, walled enclosures and their demolition (sections 31-33); demolition of a house or building on suspicion of being used or populated by thieves or dacoits (Section 34); fines on relatives of a criminal and realization of fines by selling his property (Section 56); and, no right to go to courts against the Political Agent’s decision (Section 60)”.
Is there any place in the globe where such law administers justice? Obviously, the answer is in negative, and no one has heard about such a brutal law where law may enslave individual and tribe in 21st century contrarily human dignity. Is there any state where constitution bows before the ordinary law? Again, Pakistan is an exceptional case, where the FCR is more powerful in FATA than the constitution of the country.
ABOLISH #FCR, EXTEND CONSTITUTION TO FATA
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