0 Illaaq Ghair (Strange Land)

Illaaq Ghair (Strange Land)

By Ihsanullah

The word Tribal Area was first used by British which literally mean Qabaili Illaqa. The wording is still used very frequently in every part of the world due to the importance of the area. Interestingly the resident of the tribal area used another wording Ilaqa Ghair for tribal area which literally means alien, foreign or strange land. The terminology used by the residence of the tribal belt or most of the Pashtoons. If the word Illaqa Ghair is thoroughly examine it would be easily to find out that the way the rulers treated the area before and after creation of Pakistan it is the exact wording I think to use for the area in the present context. Under government of Pakistan jurisdiction separate rules and regulation i.e. Frontier Crime Regulation (FCR) is specified for the area which simply means that they treated the area strangely. Pakistan Government is right to their claim that the area is come in their jurisdiction but in practically they do nothing for the area or in the area. Now the question arise that if Pakistan government claims that FATA is in their jurisdiction then why they used separate rules and regulation for it and why they neglect the area? It simply means that they also behave the area strangely. Neither any government nor any leader of Pakistan give proper attention to the area in all respects whether that is economic, political or other developmental areas. They totally ignored the area and their residence till 80s.

British divided the whole tribal belt in four agencies (unsettled area) that includes Khyber, Kurram, North Waziristan, South Waziristan and six Frontier regions (settled areas). After the creation of Pakistan the other three agencies Orakzai, Bajauar and Mohmand were established to make easier the administration. The distribution of the region was made on tribal base in the specific region. They give the name of that particular tribe to that agency. During British rule Tribal area gives a tough resistance to British in their forward policy to conquer the area and enter in Afghanistan. After many attack they couldn't conquer the area which compel the British to sign agreements with tribal chiefs to keep tribal peaceful. In those agreement tribal chief ensure that they would keep the tribal peaceful but in return British would pay allowances to them. British agree but sadly those allowances were not enough to fulfill the all needs of the area. However tribal were happy to get some money because of no other opportunity in the area of earning money. British were also happy by keeping the tribal peaceful by giving a small amount of allowances. Despite those allowances, British deliberately can't take any interests in development of the area and keep the area underdeveloped.

After independence of Pakistan all barbarian treaties of tribal belt with British were abrogated under Indian Independence Act, 1947 but keeps intact the Frontier Crime Regulation. Constitutionally tribal belt became independent and now it was up to the new state, Pakistan to sign fresh agreements with tribal elders in their own way. As like British the new born country Pakistan also used the same tactics by signing treaties with tribal chiefs through their political agents of different agencies in 1947 which declare tribal belt as a part of Pakistan. It was ruled by the central government directly through the Khyber Pakhtun Khawa Governor which was a wrong decision. 1n 1951-52 Governor enhance the structure of those agreements to get greater control and authority in the Tribal belt. Pakistan government took the decision of keeping the tribal belt directly under their jurisdiction from the fear that it might be possible that tribal would join Afghanistan or Khyber Pakhtunkhawa province to make a new independent Pukhtunistan state. That is why central government couldn't make it a separate province or to join it with Khyber Pakhtun Khawa. In the same context Government of Pakistan also kept the area underdeveloped like British from the fear that if they were developed they might aware of their rights which might create problems for them in the near future. Following the foot step of British, Pakistan government gives some sort of special allowances to the tribal chiefs and keeps them silent misery of the area continue. To keep tribal unaware of their rights government couldn't allow the political activities in the area. In this case they also faviour Maliks by giving representation into National Assembly through Electoral College. After independence only one member from FATA can be elected for National Assembly of Pakistan and that member would be nominate by the political agent. Later on the number of tribal members for National Assembly would enhance to 8. The rules of electing those members were also changed. The new rule was called Electoral College. In this rule 35,500 maliks were registered out of which only 8 may be elected. Political agent (the most powerful man in the tribal area) can select the malik of the particular agency for the National Assembly. In 1996, almost 50 years after independence adult franchise (casting of vote right for every citizen) were introduced in FATA. In 2002 through Legal Frame Work Order (LFO) the number of seats fro tribal area was increased to 12. Under article 247 sub-sections 7 of 1973 constitution, Supreme Court of Pakistan are barred from exercising jurisdiction over FATA. The draconian FCR is the supreme law of the FATA which couldn't be challenges any where in Pakistan.  

If Pakistan government treated the area in such a rude and strange manner then what can be expect from the innocent tribal? They were regularly depressed in one or other way through out the history which compel the tribal to think negatively. Due to lack of professionalism, lack of industries, lack of education, lack of awareness tribal think for an alternatives profession to earn money. And finally they find an easy way to earn money by helping the foreigners to settle them in the area. This was started in 70s the situation was not good in neighbour Afghanistan. They just give shelter to the foreigners and get lot of money. Those foreigners prepared tribal for war against Russia in Afghanistan and termed it Jihad. Tribal also carried the arms from Pakistan to Afghanistan through mules and donkeys which also became a good source of income for them. In this way it became a very useful business for them. In short for earning money they were used to fight war in Afghanistan as Mujahideens. Later on they were declared terrorist, they turn against those who used them and the result is in their hands.

In short we can say that FATA is the most misunderstood land of the world. Neither Pakistan government nor any other country of the world tries to think about the fact that what is the problem with the tribal area? If Pakistan government and international community want to get rid of the violence in the tribal area they should take some sort of bold steps. They first indulge the tribal in some useful activities which not only give them a profession for earning money and kept them busy. This would save their time and they couldn't waste their times in thinking about wasteful activities. Their salary should be high because if they give the small amount of money they would think for another source of money and defiantly that source would be Talibans (foreigner’s agents). According to Crisis Group Report of October 2009, 'The Taliban’s rank and file reportedly receive a monthly salary of rupees (Rs.) 15,000 (almost $190), much more than many other occupations – including the tribal levies who earn a monthly salary of Rs. 3,500 (roughly $43).'

Secondly government should strict the immigration rules with Afghanistan. This could restrict the militants to the place where he is. In this way militant couldn't move freely in both Pakistan and Afghanistan.

Thirdly government should think properly to give a separate provincial status to tribal area. It might be two provinces due to its large area or government should add some adjacent area to Khyber Pakhtunkhawa in it and the other give a separate status. Avoid the addition of FATA totally in Khyber Pakhtunkhawa because it might create problems in administration.

Fourthly if international community wants to help Pakistan in handling FATA problem they should give opportunity to young educated tribal in their own countries.

Many other reforms may also be brought in FATA to handle the problem of violence in FATA. Most importantly Pakistan government should give time because it will take years to bring peace in the Pukhtoon region otherwise the plane may be destroyed and it will cost much more than the present destructions.