A facebook conversation between two friends on the Status of FATA
[Please note that these are strictly personal opinions of the persons involved in the conversation and is published with the consent of both the persons involved]
Muhammad Saleem Facebook Status:
Azad Qabail as per PkMAP Manifesto. In which world they live?
Muhammad Arif What exactly is wrong in this?
Muhammad Saleem Calling FATA as Azaad and KhudMukhtar and want to protect this Azaad and KhudMukhtar status of FATA
Muhammad Arif If I call Pakistani parliament as independent, would you agree?
Muhammad Saleem Yes, I will agree if we go by the Constitution of Pakistan. FATA is not even independent as per our constitution. de jure vs de facto is a different debate, altogether.
Muhammad Arif How is it constitutionally dependent?
What exactly has changed after the British?
What exactly has changed after the British?
Muhammad Saleem FATA & PATA is in 'social contract' via Article 1, 246 & 247 of the constitution of Pakistan. This make FATA enslaved, where their own elected MNAs, MPAs and Senators cannot decide for their own people. This make it constitutionally dependent on President and Governor. The rest of Pakistan is independent where their own elected representatives can make law for them. Let me know if you need to an illustration of this with a very valid example!
Muhammad Arif I don't think FATA' senators and MPAs are there to make laws for FATA. The Tribal Jirga/Jirgas is supposed to make law and dispense justice. The senators and MNAs are merely honorary positions.
In 2013, KP assembly passed a law called Right To Information (RTI) law. The law empowers the citizens of the province with the right to know about the action of public office holders. This law instantly become an act in the settled districts of KP (in my Swabi) but is still not implemented in PATA (Swat, Malakand, Dir Upper, Dir Lower, Chitral) as Governor/President has not yet extended it to PATA. PATA is Provincially Administered Tribal Areas. When the law was passed in the Provincial Assembly, MPAs from Swat, Malakand, Dir Lower and Upper, Chitral voted in its favor. These MPAs passed a law which cannot be extended to the residents who voted them in the assembly. The reason: Article 246 & 247. This is called slavery which PkMAP want to call Azadi.
[Please see the link that RTI is not yet extended to PATA http://www.dawn.com/news/1239876]
Muhammad Arif I'm merely trying to understand the constitutional position.
Muhammad Saleem Check out the example. Let me know if something is not clear in the example. I will give other examples.
Muhammad Arif I think we need to be specific about FATA.
Muhammad Saleem In fact, both FATA/PATA are governed through Article 246 and 247 but let me give you an example on FATA as well.
Muhammad Saleem If tonight, Governor KP or President of Pakistan think that any adult person in Khyber Agency has to wear a hat and if not then he will killed on the spot then he can pass a law to that effect without the consent of parliament. This will be completely constitutional. He however cannot pass such a law for my home district, Swabi.
Muhammad Saleem The relevant articles are here http://www.pakistani.org/pak.../constitution/part12.ch3.html
Muhammad Arif Lol. He can't make such a law. This is not constitutional.
Muhammad Saleem lol. This is constitutional. Read the above two articles.
Muhammad Arif Just copy and share the line here.
Muhammad Saleem Article 247(5): Notwithstanding anything contained in the Constitution, the President may, with respect to any matter, make regulations for the peace and good Government of a Federally Administered Tribal Area or any part thereof.
Muhammad Saleem I will be more than happy if you have any question in this regard. I will try my utmost to give you answer to the best of my knowledge and understanding of the constitution. Please feel free to ask any question.
Muhammad Saleem Muhammad Arif: If you want to read something in detail then here is a link to a study on it. Do read it http://c-gpa.org/.../federally_administered_tribal_area...
Muhammad Arif Why would an elected and democratic president order such law that may harm the interest of the tribals?
Muhammad Saleem He can have a bad dream. No one can stop him from implementing his bad dream because it will be un-constitutional to stop him. Remember 58(2)b?
Muhammad Arif 58 (2) B was not an example of bad dream. It was manipulation of the law by the establishment.
Muhammad Saleem 58(2) b was constitutional until 18th Amendment throw it out from the constitution.
Muhammad Saleem Read Article 247 (5) again:
"Notwithstanding anything contained in the Constitution, the President may, with respect to any matter, make regulations for the peace and good Government of a Federally Administered Tribal Area or any part thereof."
Muhammad Saleem President can tomorrow pass a law (and it will be completely constitutional) that all adult men in FR Peshawar should wear a turban; if they don't comply they will be put in prison. Yes he CAN do it.
Muhammad Arif I've read 247(5) article several times. To me it make perfect sense.
Muhammad Saleem da oos ta ziyatay kay roor jana.
Muhammad Arif I skimmed through the document.
Could you explain footnote 23?
At one place the document mentions FATA having special status while on the other hand it tells us FATA is part of Pakistan. Isn't it contradictory.
The remaining points are least relevant to our discussion as it is not law or fcr that is the real culprit.
Muhammad Saleem FATA is part of Pakistan (Article 1). FATA has special status of no rights (Article 246 & 247). Yes this is contradictory & That is what I am arguing. FATA people and their elected representatives have no say in the affairs of Pakistan or of FATA as per our constitution. Governor and President is all powerful.
Muhammad Saleem FCR is a tiny issue as compared to the bigger issue of shameful articles of 246 and 247 which take away all the rights from people of FATA and PATA and their elected leaders are powerless.
Muhammad Arif Reforms may be brought to FATA with or without merging it with KP. Hence PMAP stance is valid.
Muhammad Saleem We are not talking about merger or separate province here. We are talking about : Is FATA free and independent as per PkMAP Manifesto? Let's focus on the topic. Merger or Separate province bandey ba bal time bahas oko