FATA-KP MERGER: DETAILS & ANALYSIS

History
Federally Administered Tribal Area (FATA) consists of seven tribal agencies and 6 frontier regions adjacent
to western provincial border of KP. FATA is linked with Afghanistan through North Western borderline. It
covers an area of 27,220 square kilometres. Since the colonial rule, these tribal areas remained free to
administer their internal affairs according to their unique tribal codes. For this purpose, in 1901, British
devised FCR “FATA Crimes Regulation” which was still in place in its modified form. The seven tribal
districts Bajaur, Khyber, Kurram, Mohmand, North Waziristan, Orakzai and South Waziristan - are home
to some eight million residents, mainly ethnic Pashtuns.
In the wake of changing security scenario and prevailing insurgency in region, FATA has become a source of
threat to national and international security as insurgents identified it as safe heavens and have used its
lands as their hideouts and training bases. As a response, government of Pakistan made “FATA Reforms” a
part of National Action Plan (NAP). In November 2015, Prime Minister constituted a six-member “FATA
Reforms Committee” to assess the situation and propose viable solution.
FATA Reforms
The six-member committee conducted a vigorous consultative process. Committee members travelled to all
tribal agencies and frontier regions to hold meetings with elected representatives, businessmen, tribal
leaders, educated youth, religious leaders and
members of civil society in addition to experts on FATA. It carefully reviewed prevailing security situation
in area in context of military Operation “Zarb-E-Azb” that has been successful in restoring peace and
stability in the region. Considering the unique features of tribal society, committee formulated following
guidelines to be the basis of their recommendations:
• It must be ensured that the reforms lead to an improvement in the lives of the tribes men
• The reforms must respect local Rewaj and Jirgas while formulating its recommendations
• These reforms are aimed at transforming a geo-political buffer and they must not be allowed to fail or
cause insecurity.
• FATA Reforms are a process and not an end in themselves and should be so recognized
• The situation must always be kept under constant review to prevent the emergence of risks that could
threaten reforms
• The government must make available the best officers to man the reform process and they should have
longer tenures to ensure success.
FATA reforms committee presented its report and recommendations in August 2016. After careful
consideration and discussion in cabinet meeting, PM approved 24 step action points to carry on FATA
reforms. Apart from few constitutional amendments and underlying supplementary activities, major steps
include:
1. FATA-KP Merger
2. Socio-Economic Development of FATA.
3. Legal Reforms and Strengthening of LEAs
4. Local Government Elections
5. Opportunities and Benefits
31st Constitutional Amendment Bill
The 31st Constitutional Amendment Bill, 2018 for merger of the Federally Administered Tribal Areas
(FATA) with Khyber Pakhtunkhwa was presented in the National Assembly on 24th May 2018.
Law Minister Chaudhry Mahmood Bashir Virk moved the bill. The constitutional amendment received
broad support from across the political spectrum in the National Assembly , with 229 voting to approve the
measure and one voting against it.
Jamiat Ulema-e-Islam-Fazal (JUIF) and Pashtoonkhwa Milli Awami Party (PkMAP) opposed the bill
however; MQM announced its support for the sake of political unity.
The legislation still needs final approval from the Senate and the signature of the president - a formality
that is all but guaranteed after receiving overwhelming support in the lower house.
The amendment will bring an end to colonial-era laws governing the Federally Administered Tribal Areas
(Fata), extend the writ of Pakistani courts to its districts and increase development assistance to its
residents. With the passing of the bill, KPK laws will be immediately enforceable in FATA and it would also
get Rs. 100 billion under NFC award.
Under the bill, the laws of Pakistan will be applicable in FATA. In addition, FATA will get Rs10 billion every
year for 10 years which will exclusivley be for development in FATA. Also, FATA will now be a part of KPK.
According to Barrister Zafarullah, 12 national and 6 provincial seats will remain intact till the elections of
2023. He further said that Frontier Crimes Regulations will be abolished and it will be replaced with an
interim governance system till the inclusion of the region with Khyber Pakhtunkhwa.
The seats of Khyber Pakhtunkhwa in the National assembly will be increased from 48 to 60 after the merger
of FATA. The seats for the Khyber Pakhtunkhwa assembly will increase to 147 from the current 126 after its
merger with FATA.
Amendments to Articles of the Constitution
The bill seeks an amendment to Article 1 of the Constitution, which defines the country’s territory and
mentions FATA as a separate entity along with other four provinces.
The bill also amends Articles 51 and 59, which specify the number of seats allocated to each of the
federating units in the national and provincial assemblies.
Once the bill is passed, the strength of the Senate will reduce from 104 to 96 members as Fata will no longer
have separate representation. Likewise, the number of seats in the National Assembly will be cut to 336
from 342.
Meanwhile, the KP assembly will have 145 seats, including 115 general, 26 reserved for women and four for
minorities. Fata will have 21 seats in the KP Assembly, including 16 general, four for women and one
reserved for non-Muslims "provided that elections to the aforesaid seats shall be held within one year after
the general elections 2018", according to the bill.
Articles 106 and 155 have also been amended.
The bill would also seek to repeal Articles 246 and 247, which place the tribal areas under the command
and control of the president. According to the bill, Article 246 has been
modified to reflect the merger of tribal areas with their respective provinces while 247 has been repealed.
Sources had earlier stated that most parties have agreed that the formal merger of FATA with KP should be
spread over a year with the allocation of seats in the KP Assembly.
As far as senators from FATA are concerned, they said, it had been decided that the incumbent eight
senators would be allowed to complete their six-year terms.
Half of the senators would retire in 2021 and the remaining four in 2024, after which there would be no
separate representation for Fata in the Senate.
It was initially unclear if the bill would be passed as members'
recent attendance in the assembly has been spotty at best. Official records show that on average, 175
members have attended the last 10 sittings of the assembly. The maximum presence of 222 members on
May 15 and 208 on May 18 was recorded when the house passed the federal budget.
According to the Constitution, an amendment bill can only be passed with a vote of 228 members, two-
thirds of the 342-member National Assembly, and political experts had believed that ensuring this number
would be a daunting task not only for the government, but also for the opposition parties.
Passing the bill in KP Assembly
Another daunting task for the political leadership is to get the bill passed with a two-thirds vote in the KP
Assembly before the expiry of its term on May 28, three days before the National Assembly’s dissolution.
As per Article 239(4) of the Constitution, the president cannot assent a constitutional amendment bill
which affects geographical boundaries of a province without approval by the assembly of that province.
Article 239(4) of the Constitution reads, “A bill to amend the Constitution which would have the effect of
altering the limits of a province shall not be presented to the president for assent unless it has been passed
by the provincial assembly of that province by the votes of not less than two-thirds of its total membership.”
If the bill does not get through the KP Assembly, then the fate of Fata merger will be in the hands of new
representatives to be elected in the coming general elections. Even after its passage from the National
Assembly and the Senate, the president will have to wait to give his assent till the installation of the new
assembly.
The National Assembly had already passed a bill on January 12 extending the jurisdiction of the Supreme
Court and the Peshawar High Court to Fata, as a first major step towards mainstreaming the tribal region
and its eventual merger with KP.
The bill was passed comfortably as the only opposition to it came from JUI-F lawmakers.