The distinguished “John William Kaye” described the whole narrative of FCR’s hallmark in such a words; “We cannot rein wild horses with silken braids”, which are not quite convincible, because human being is the product of environment in which they lives. On the other hand, the man of outstanding sensations “Emile Durkheim” articulated in such words; Society is, above all, a consciousness; it is the consciousness of the collectivity.
So, FATA, according to the statement of ED, is a conscious society, by virtue of its having traditional values, customs, cultural, moralities and so on and forth. Therefore, as far as the FCR (Frontier Crime Regulation) is concern, which is the dirt left by British, is in violation of the Universal Declaration of Human Rights and the Constitution of Pakistan. Broadly speaking, every trait of FCR is gruesome, but the most irritating one is the “Collective Responsibility Clause”. Under this clause, which is the worst aberration of the FCR, a collective punishment is imposed on anyone in the tribal area for a crime committed by his or her relative, spouse, or even a person from the same tribe and area.
The voice of FATA’s people is not much enough to pave the better way for the better future.
The roots of FCR can be found in the Murderous Outrages Regulation act of 1867 implemented by British to further increase the power of government. In addition, the demarcation of the Durand Line in 1893 by the British compounded the already bad situation. Thereupon, a new act was implemented in 1901 which is FCR. The FCR was implemented to some specific area i.e. FATA. Tellingly, FATA was made as a buffer zone amid the ‘Cold War’ between Russia and British.
Moreover, if we look back into the history of West we will find many such instances which played out the social harmony. Europe, for instance, was on the path of disintegration, particularly after the Roman fall, had owed it to presence of three types of laws: the civil law, the cannon law and the customary law. Each one of the mentioned laws performs different role and hence divided the social fabric into different sphere.
The roots of FCR can be found in the Murderous Outrages Regulation act of 1867 implemented by British to further increase the power of government.
The Civil laws, which were rooted in the laws of Roman Civilization, were just conducive to the rulers of the time; on the other hand, the cannon laws, which were opposite to the civil laws, were the laws conducive to theologians. In addition, which is compulsory to mentioned, the Customary Laws; these were laws conducive to common people. Therefore, the journey of disintegration of European social fabric further exacerbated by the enforcing many laws in one integration. Consequently, the integration of Europe transformed into disintegration in which one of the foremost factors was the presence of different laws.
In the same way, FATA is experiencing different laws from that of the entire Pakistan. Likewise, the amendments in the FCR are not only a dream of FATA’s people but, without any exaggeration, a dream for what they live for.
FATA MNAs, without any mercy, exploiting the tribal elders and common people and use them to impose their autocratic decisions.
In short it is an everyday debate of their life. Though some amendments in the FCR are done by the former president Asif Ali Zardari, which without any doubt, made the FCR little bit a human friendly; in which men above 65 years and children blow 16 years have been exempted from jail, but a lot more need to be done. Notwithstanding, however, all the elected MNAs (Members of National Assembly) of FATA are either from the bureaucratic or the elite families, who without any mercy, exploiting the tribal people and the MALIKS (tribal elders), moreover, use them to impose their autocratic decisions. So how can one expect that they will abolish FCR or amend the parts which are causing violation of basic Human Rights?
After Independence, and the birth of a sovereign Pakistan, it was hoped that the Constitution of 1973 would herald a new era of freedom for the people of this country to flourish and progress. However, unlike the rest of Pakistan, the Constitution was not applied to the region of FATA.
Constitutional rights were not applied to the tribal regions when rest of the country was given such rights.
Here are some instances which are the following:
According to SPARC’s annual report 2009, in December 2009, it was reported that 14 children were detained under the FCR. In 2004, the annual report of SPARC had reported that about 70 children had been detained under the same law. In 2004, during a visit to Haripur Central Prison, the SPARC team met with 21 women and children who were members of a fugitive’s family. The women and children had been convicted under section 40 of the FCR. They were arrested after the wanted man had escaped arrest.
In the same order, the Lahore High Court directed the release of Qimat Gul of the FATA who had been detained for about two-and-a-half years without any right to defend. The Political Agent of Bajaur Agency had implicated him under the FCR and had detained him when he protested against forcibly grabbing of his land by some influential persons in the village.
Children and women are also the victims of the FCR law without any right to defend themselves legally
Above all is the current tragedy of disappearance of some of government’s official and thereupon, according to the FCR the Suleman Khel tribe is responsible and hence 22 elders are arrested by the political administration of South Waziristan, in spite of the fact that these areas were recently proclaimed clear of every type of terrorism. In addition, the arrested people recently kicked out to their villages, and it was not been a year even, that, unfortunately, they once again set out on the path of great misfortune.
Finally, which is not the least to mention, the voice of FATA’s people is not much enough to pave the better way for the better future. And without the support of concern authorizes, they are neither sane nor insane.