The merger

The proposed merger of Fata with Khyber Pakhtunkhwa, finally bringing its residents under the protection of the constitution, is now likely to go ahead after it was approved by the government. Prime Minister Nawaz Sharif will now present the merger to the federal cabinet for approval, after which it will be voted on by parliament. The vote seems a formality since all the political parties are in favour but there are still a lot of details to be worked out. The government has proposed giving Fata Rs100 billion a year under the federal divisible pool but there is no guarantee that provinces other than Khyber Pakhtunkhwa will agree to it. The provinces are already bickering over the National Finance Commission award and adding Fata to it means they will have to agree to cuts in the money awarded to them. An agreement will need to be reached, though, because bringing Fata into the mainstream is long overdue. Right now, Fata’s residents are under the mercy of the colonial-era Frontier Crimes Regulation and subject to such archaic practises as collective punishment. Putting Fata under the jurisdiction of the Supreme Court will give Fata residents the same rights the rest of us enjoy.

The government plan right now is to amend the FCR to merge Fata with Khyber Pakhtunkhwa while the original reforms committee looking at the issue has suggested gradually phasing out the FCR. A mechanism needs to be devised to settle disputes over landownership since there are no individual deeds to land, which is collectively owned by tribes. Right now land disputes are decided by jirgas but this authority should be transferred to regular courts after the merger. Either way, the FCR needs to be repealed since its provisions violate the fundamental protections offered by the constitution. The other issue which will have to be sorted is that of money. Fata has been relentlessly bombed; its residents need to be resettled and have new homes constructed. The money for this should be separate from the funds given under the NFC. The Pakhtunkhwa Milli Awami Party’s Mahmood Khan Achakzai has demanded the formation of a commission to check on the distribution of funds. His advice should be heeded and a commission – which must also include people from Fata – formed. After that, even once it is merged with Khyber Pakhtunkhwa, Fata will continue to need extra support for development. For the last 70 years, Fata has been given second-class status, without the political representation the rest of the country had. Putting the area on an equal footing will take time and lots of money.