After independence
FOLLOWING independence and until the passage of the 25th Amendment in 2018, the tribal areas in Pakistan’s northwest were federally administered. They only came into the limelight due to the USSR’s invasion of Afghanistan in 1979 and then the arrival of US-led coalition forces in 2001. Before the Pakistani state finally launched kinetic operations, the areas were a magnetic pole for militants.
Quaid-i-Azam Mohammad Ali Jinnah strongly desired the integration of the tribal areas in Pakistan. He supported a peaceful penetration policy, which was led by the establishment of schools and hospitals. This policy would not have conflicted with tribal customs. However, Jinnah’s death a year after independence lost us the opportunity to convert such ideals into reality. Instead, Jinnah’s successors continued with British policies contrary to his vision.
The Frontier Crimes Regulation (FCR) law was adopted after independence with minor changes. It reflected a contradiction as, on the one hand, it allowed Pashtunwali to exist as the primary law, and on the other, it entrusted suppressive powers to political authorities by empowering the political agent in a judicial capacity. Once the PA made a decision, no appeal could be made.
The FCR segregated the residents of Fata from people living in other parts of Pakistan. It was never intended to promote integration; indeed, the office of PA was envisioned to pacify Pakhtun tribes rather than establish state authority. Since most cases handled by the FCR were adjudicated by Pashtunwali, Fata was deprived of the benefits of rules enforced in other parts of the country.
The FCR was never intended to promote integration.
The tribal areas were administered under the British ‘malik’ system, which was based on making certain concessions, subsidies and allowances in exchange for total administrative control. Before their eventual merger, various governments tried to minimise the problems of the tribal people by offering similar incentives, but this failed to reduce poverty and strengthen state authority. Under the malik system, each tribe was governed by a malik. The title was traditionally passed down within a family, making it hereditary. Before the granting of adult franchise, maliks were also members of the National Assembly’s electoral college.
Maliks were not representatives of the people; indeed, they would not allow direct contact between the government and the people and put their interests before the state. This system invariably failed to bridge the gap between the state and the people and created an elite class that had no place in the egalitarian Pakhtun social fabric.
In 1955, as part of administrative reforms, the tribal areas were included in the One Unit plan in West Pakistan. However, the plan failed to foster a sense of integration among different ethnic groups. Apart from Punjab, the smaller provinces consistently advocated for the restoration of their pre-One Unit plan administrative status. The eventual dissolution of the plan was welcomed as it provided social benefits. The Pakhtuns in the tribal belt realised that having strong relations with the state of Pakistan was a better option than any other. Development programmes in Fata between 1972 and 1977 positively impacted the social sector. However, the Afghan war brought drugs and guns, which negatively impacted the socioeconomic dynamic of the tribal belt, reducing its dependence on government subsidies and allowances.
The Soviet invasion of Afghanistan impacted Pakistan’s policy for the tribal areas, resulting in the modification of policies focused on co-optation through penetration and in-tegration. Pakistan’s strategic interests then became the sole focus. Fata was finally merged into Kh-yber Pakhtunkhwa in 2018 as a consequence of the 25th Constitutional Amendment. This altered the provincial boundary and KP’s demographic balance and added new challenges.
Certain external and internal developments and policies provided space for violent extremists who take advantage of the tribal areas. Globally, for states bordering such areas, having strong defences is a top priority, which means ensuring economic development and social cohesion. This is not possible without a fully functional criminal justice system, strong local governance, and social empowerment.
The effects of globalisation, militancy, and kinetic operations have fostered awareness in these areas about human rights and encouraged comparisons with other areas. The merger has provided representation in the provincial legislature and dismantled the colonial legal and administrative apparatus. However, there is a need to develop stronger linkages and synchronise state and public interests.
The writer is the author of Pakistan: In Between Extremism and Peace.
Published in Dawn, October 9th, 2024