“Social transformation in FATA: Tribal Areas Rural-to-Urban Centre Conversion Initiative and Local Governance”
“Social transformation in FATA: Tribal
Areas Rural-to-Urban Centre Conversion Initiative and Local Governance”
By
Muhammad
Abid Majeed
*(written in end 2013-Jan 2014 as Research Paper)
*(written in end 2013-Jan 2014 as Research Paper)
Executive Summary
The areas inhabited by tribesmen on the north-west border of
Pakistan, called the Federally Administered Tribal Areas, have been in the
state of continued flux and uncertainty since the last over 130 years. Their
geo-strategic location more a curse the tribesmen are governed as second-class
citizens by the State of Pakistan even after independence under the colonial
era Frontier Crimes Regulation, 1901. The Political Agent remains as mighty a
demigod, if not more, as he was during the British times. Resultantly they are
the most backward in Pakistan with abysmally low literacy rates, social
indicators, poverty, infrastructure and service delivery.
However it is evident that fault lies not with the tribesmen
but with the government’s efforts to treat them at par with any other
Pakistani. Indicative is the fact that when the same tribesmen reside in any
other area except FATA they are as contributive, mainstreamed and conscious
citizens of that area as others. The best of scientists, academicians, civil
servants, generals, ambassadors, sportspersons etc. have come out of the tribal
areas. There is no dearth of talent and yearning to excel.
Since the turn of the Century sizable funds have been
allocated to FATA by Federal Government as well as through donors’ initiatives.
However, the funds have either been mis-spent or utilized in small schemes in
rural areas with no visible impact. Resultantly, the government launched the
TARUCCI initiative to provide urban facilities in the towns in FATA, induce
urban migration and socially transform its people. However, over a period of
around three years the successors in government have, seemingly, lost interest
in the initiative with no formal oversight, absence of participatory approach
and the least of allocation of funds for the purpose. Donors’ intervention is
also not there.
Another essential of the initiative was the launch of local
and participatory governance initiative in FATA starting from urban hubs. The
draft law took two years to finalize and is now awaiting approval of the
President of Pakistan since the last one year. The law also contains loopholes
primarily due to the fact that it only caters to urban hubs through Municipal
Committees and totally disregards the local government structure at the Agency,
Tehsil and Union Council level. Also, the Governor enjoys arbitrary powers in
the provisions contained in the draft law.
What is now required from the government is a serious effort
towards actualizing the purposes of TARUCCI through allocation of substantial
financial resources through its own coffers as well as foreign aid and
consensus-based amendments in the draft law on local government to reflect the
true aspirations of the people of FATA.
But what seems to be more required is for the government to
develop a stand on what its strategy actually is towards FATA, its development
and the future of its people. Without that, and apparently there is an absolute
lack of direction and understanding in that regard at the highest level, the
abject state of affairs in FATA would continue – leading to disastrous
consequences in the not so distant future.
Glossary of Terms
ADP
|
Annual Development Plan
|
|
DC FR
|
Deputy Commissioner Incharge of Frontier Region
|
|
FATA
|
Federally Administered Tribal Areas
|
|
FCR
|
Frontier Crimes Regulation, 1901
|
|
FR
|
Frontier Regions
|
|
FS
|
FATA Secretariat
|
|
FUCP
|
FATA Urban Centres Project
|
|
FY
|
Financial Year
|
|
IDPs
|
Internally Displaced Persons of FATA
|
|
KP
|
Khyber Pakhtunkhwa Province (formerly NWFP)
|
|
LC
|
Local Council
|
|
LG
|
Local Government
|
|
LGR
|
Draft Local Government Regulations for FATA submitted to
the President of Pakistan under Article 247 of the Constitution
|
|
MC
|
Municipal Committee
|
|
MDTF
|
Multi Donors Trust Fund
|
|
Mil
|
Million
|
|
PA
|
Political Agent
|
|
PCNA
|
Post Crisis Need Assessment for KP and FATA sponsored by
World Bank
|
|
PKR
|
Pakistani Rupee
|
|
SDP
|
FATA Sustainable Development Plan (2006-15)
|
|
TARUCCI
|
Tribal Areas Rural to Urban Centres Conversion Initiative
|
|
TC
|
Town Committee
|
|
US$
|
United States Dollars
|
|
UNDP
|
United Nations Development
|
|
WB
|
World Bank
|
|
Contents
Introduction
|
Statement of Problem
|
Significance and scope of study
|
Review of Literature
|
Research Methodology
|
Organization of the Paper
|
Section 1 – Social Transformation in FATA
|
Section 2 –Tribal Areas Rural to Urban Centres
Conversion Initiative
|
Section 3 – Local Governance in FATA
|
Conclusion
|
Recommendations
|
Bibliography
|
Appendices
|
Introduction
There is growing body of knowledge on
social transformation and local governance. FATA is the poorest region of the
country as it lags behind on almost all the socio-economic indicators as
compared to others parts of the country. Tribal culture coupled with historical
neglect and poor governance has led FATA to social and economic deprivation. FS
launched TARUCCI to transform tribal society from within in 2009. FS also got
drafted a local governance law in 2011, initially for the Urban Hubs to be
established under the TARUCCI. The draft law was discussed with state-holders
in two interactive sessions and then recommended for approval of the President
under Article 247 of the Constitution.
However, since the last year or so
there is a growing dissatisfaction expressed by inhabitants of FATA through
various non-government and community organizations and the press regarding the
pace and efficacy of measures taken by government to achieve participatory
governance and social transformation. This paper strives to assess whether the
government input is appropriately emphasized towards achieving that goal.
Statement of the
Problem
Government’s intervention for social transformation of FATA
through establishment of urban hubs and introduction of formal local governance
may not be enough to socially transform FATA as envisaged.
Significance and Scope
of the Study
Government’s initiative to replicate the social
transformation essentials of urban environment with standard service delivery, enterprise
development opportunities, employment avenues and signature development projects
has been under TARUCCI – an urbanization concept never tried in FATA.
Furthermore, the system of administration over the last 120
years has not led to sustained development and peace building. A basic reason
has been lack of popular participatory governance. The Political Agents have
more been ruthless administrators at best where they should have been managers.
The FATA LGR has been framed for that purpose and, if properly implemented,
would create continuous and engrained stakes of the people in the State of
Pakistan and its systems including a federal, parliamentary democracy.
Government has not launched any assessment or study to
actually gauge effectiveness of its reforms program on the above accounts as
well as the reforms carried out through amendments in the FCR as well as
extension of the Political Parties Order to FATA. The present study is
therefore an effort to carry out a detached situational analysis and arrive at
implementation challenges, impediments and the fine tread line between the two.
The study has been limited to the TARUCCI and any other initiative or support
towards urbanization or development interventions in urban hubs in FATA.
Review of Literature
Frankly, there is not much literature on FATA let alone
essences of social transformation or urbanization therein. Literature does
cover its history and problems but when it comes to actual data, reliance has
to be almost hundred percent on government sources. One reason could be that
the area has been, in geographical blocks, not always accessible to the
community and non-government organizations. Even in public sector data
management FATA being not a province has not got the serious attention it
deserved. Heavy reliance has therefore been made to the reports and documents
of FATA Secretariat and World Bank, the latter more so on the subject of
urbanization, disaster management through peace building efforts and the FUCP.
The referred to literature includes the FATA Sustainable
Development Program, the TARUCCI concept booklet, the draft LGR FATA, the
Annual Development Plans for FY 2010-11, 2011-12 and 2012-13, reports and grant
agreements of World Bank under the MDTF and other allied reports.
Most of the literature, in shape of reports and documents,
has been obtained from FS and, only for reference purposes the official
websites have been quoted. More often than not reference has been made to
personal experience in directly dealing with matters related to FATA affairs in
official capacity in past four and a half years backed up by citations to cover
the requirements of research at Senior Management Wing.
Research Methodology
This is a qualitative and quantitative research,
with emphasis on descriptive and analytical research methodology. To do justice
with the subject of this research paper, every effort was made to reach
relevant data sources both primary and secondary. The list of sources is
enumerated in the bibliography segment. Research was based on the literature
available in shape of reports as well as on the internet, especially on the
FATA Secretariat website and other official websites. Furthermore, interviews
of various officers in public sector and WB were taken on telephone and in
face-to-face meetings. Experience of assignment in FATA Secretariat especially
dealing with the nascent stage of both the reforms was also fully utilized.
Numeric Data available in the Annual Development Plans was
painstakingly processed to bring out the required variables. This required
going through allocation of each scheme in each sector in the last three
Financial Years’ Plan to bifurcate schemes in the urban hubs and outside. Based
on that data the concerned officers were asked about the utilization of funds
as well as the utility of such expenditures.
Organization of the
Paper
In order to deal with both the diverse subjects which are
intertwined in not so visible parameters as well as the research methodology to
be followed in the NSPP the paper starts with a preface and executive summary
followed by ingredients of Introduction. The actual situational analysis has
been divided into three sections.
The first section deals with the background of FATA, its
social indicators and the rural urban divide. The second section starts with a
brief primer to concept of urbanization in FATA, its merits, and goes on to
elaborates the conceptual framework of TARUCCI, its financial requirements and
the government’s and donors’ efforts towards that end. The third section deals
with local governance, the existing MCs in FATA and their issues and culminates
on the write up on draft Regulation for LG in FATA now awaiting assent of the
President. The provisions of the proposed law have also been compared with the
LG law of KP and Punjab.
The paper focuses thereafter on a conclusion followed by
recommendations on the best way, in my opinion, to take the reforms forward.
The effort is culminated with the bibliography and appendices.
Best attempt has been made to keep the flow as consequential
and simple as possible to build argument in an easily understandable way.
Section – 1 Social
transformation in FATA
1.1 Historical background
During the British Raj in
Indian sub-continent, apprehension towards what they perceived as the
expansionist policies of Tzarist Russia in the late 19th and early
20th Century compelled the English to launch two wars on
Afghanistan, during 1839-42 and 1878-79 with the Pashtun tribal belt caught in
the middle of the confrontation. As a result of the latter war most of the
Pashtun tribal belt was brought under control but the British were abundantly
clear that they required their route to Kabul safe as against extending strict
administrative and legal jurisdiction on the tribesmen. After the British forced King Abdur Rahman
of Afghanistan to accept the Durand Line Agreement in 1893, the Pashtuns
inhabiting tribal region were divided into two parts controlled by the opposing
forces of Afghanistan and then India. The Pashtun tribes, who always resisted
control from outside, were granted autonomy in running their internal affairs
and were governed by the Frontier Crimes Regulation, 1901 promulgated by the
British, through appointed Political Agents and maliks, or headmen, appointed
in various tribes through internal mechanism. FCR was not exclusive to FATA but
was also extended to Gilgit-Baltistan in the North, the Malakand Division which
is now the Provincially Administered Tribal Area of Khyber Pakhtunkhwa and the
Province of Baluchistan. However it still remains in effect in FATA alone.
“Despite these efforts,
bolstered by repeated military campaigns, the colonial administration retained
what was at best a tenuous hold on the area until the British quit India in
1947. Soon after Independence, the various tribes in the region entered into an
agreement with the government of Pakistan, pledging allegiance to the newly
created state. Some 30 instruments of accession were subsequently signed,
cementing this arrangement. To the tribal agencies of Khyber, Kurram, North
Waziristan and South Waziristan were later added Mohmand Agency (in 1951), and
Bajaur and Orakzai (in 1973)”. The agreements continue the separate
administrative setup in FATA and the FCR which defines riwaj, customs built around Jirga and Pakhtunwali, the ten-points code, as the basis of their collective
behavior. Successive governments thereafter left FATA to its own devices,
leaving its people as a sociological curiosity and considering them as beyond
the pale of Pakistan.[1] This
continued indifference to the development needs of FATA till the 2000s have
left it with the worst socio-economic indicators in the area and a scattered,
rural population whose development needs cannot be satiated with the
developmental interventions more so due to their thin spread. Before 2006
informally, and 2007 formally, the affairs of FATA were dealt by the Federal
Government through the provincial government Departments of KP where separate
FATA ‘Sections’ existed to oversee FATA Directorates. FATA always got the lower
end of priority. It was in 2007 that FATA Secretariat was established as Local
Area Authority for FATA under direct control of the Governor, giving him
executive authority over FATA, that a specialized interface was recognized for
the problems and issues of the tribesmen.
1.2 Important social
indicators
The boundaries of FATA have
been defined under Article 246 of the Constitution. The mostly harsh,
mountainous terrain comprises of seven ‘political agencies’ and six smaller
zones, called ‘frontier regions’. Only 21.4 percent of the overall
population is literate with female literacy at 3 percent.[2]
Only 21 percent of all girls are in school while more than half of all children
who begin primary school leave before they complete class V.[3]
There is just one health facility for every 50 square kms area. Access to
reproductive health care is extremely limited [4]
and infant mortality is estimated to be high, at 87 deaths per 1,000 live
births, while maternal mortality is thought to be greater than 600 deaths per
100,000 live births.[5] Just 10 percent
of the population has access to adequate sanitation. Results from 1998 Housing
Census show that 37 percent of houses in FATA have “separate” latrines while 56
per cent have no latrines at all.[6]
While FATA’s economy is based on
agriculture it is only at the subsistence level. Less than 9 percent of the
total geographic area is cultivated. Only 38.15 percent is under irrigation
while the remaining farms rely exclusively on rainfall. While yields per
hectare for rice and maize are slightly lower than national figures, the yield
per hectare for wheat in FATA is just 38 per cent of the national average.[7]
Road density in FATA is low, at 0.17 kilometers per square kilometre of area,
compared to the national average of 0.26 kilometers. The per capita
government funded development investment in FATA (Rs. 905/- or US$ 11.30)
stands very low against the national per capita government funded development
investment (Rs. 2044/- or US$ 25.55). [8]
A comparison of select human
development indicators for Pakistan, KP and FATA as follows, highlights the
extremely poor indicators of FATA as under:*
Indicator
|
Pakistan
|
KP
|
FATA
|
Literacy (both sexes
percent)
|
43.92
|
35.41
|
17.42
|
Male literacy
|
54.81
|
51.39
|
29.51
|
Female literacy
|
32.02
|
18.82
|
3.00
|
Population per doctor
|
1,226
|
4,916
|
7,670
|
Population per bed
in hospitals
|
1,341
|
1,594
|
2,179
|
Road ( per square
km)
|
0.26
|
0.13
|
0.17
|
*Literacy rates
according to 1998 census; all other figures for 2003
|
It is evident that with the FATA ADP hovering in billions
since last 6 plus years, there is a clear imbalance between the funds spent and
the development actually taking place on ground. This could be attributed to
several factors including wrong selection of schemes, thin spread of resources,
corruption in civil work, mismanagement and lack of will of important
stakeholders to change the fate of FATA and its people.
1.3 Rural-Urban Divide
The Housing Census conducted during beginning of March 1998
indicates the extreme rural pattern of settlements in FATA. Out of the total
341114 houses, 38.62 percent have walls in baked bricks, blocks, or stones.
Rest are kacha walls of mud. In roof
construction, only 6.32 percent have cement blocks, Reinforced Concrete Cement
or iron sheets. Only 19 percent have piped water, in rural areas potable water
from wells is available to 35.1 percent of the houses. 30 percent of all houses
depend on kerosene oil for lighting purposes while as a cooking fuel ‘wood’ is
used in 92 percent of the houses. In urban areas it is 84.7 percent and in
rural areas 91.9 percent of houses utilize wood as fuel. [10][11]
Similarly, the recorded data of urban-rural divide in FATA,
as in below table (in thousands), also shows that the ratio to rural to urban
population is 5:1 and there has been no significant movement towards urban
areas in FATA over a period of half a century: [12]
1951
|
1961
|
1972
|
1981
|
1998
|
||||||||||
Total
|
Urban
|
Rural
|
Total
|
Urban
|
Rural
|
Total
|
Urban
|
Rural
|
Total
|
Urban
|
Rural
|
Total
|
Urban
|
Rural
|
1332
|
-
|
1332
|
1847
|
25
|
1823
|
2491
|
13
|
2478
|
2199
|
-
|
2199
|
6566
|
1569
|
4997
|
As has been pointed out in introduction and review of
literature the data on FATA is mostly inaccurate or there are visible
discrepancies. In the above statement while the 1972 data shows urban
population as 13000 the 1981 data puts it at zero while it shoots up to an
unbelievable 1.5 Mil in 1998 census – unbelievable in the sense that against
the trend so many people are classified to be living in urban areas.
The rural-urban divide is more emphasized in the comparison
of the urban-rural divide in the whole country as per 1998 Census, as detailed
below: [13]
Area
|
Area
in Sq km
|
Population
(in 000)
|
Density
(persons per sq km)
|
Urban
Population (percentage)
|
||
Total
|
Urban
|
Rural
|
||||
Pakistan
|
796095
|
132352
|
43036
|
89316
|
166
|
32.52
|
Punjab
|
205344
|
73621
|
23019
|
50602
|
359
|
31.27
|
Sindh
|
140914
|
30440
|
14840
|
15600
|
216
|
48.75
|
KP
|
74521
|
17736
|
2994
|
14742
|
238
|
16.88
|
FATA
|
27220
|
3176
|
85
|
3091
|
117
|
2.68
|
Baluchistan
|
347190
|
6566
|
1569
|
4997
|
19
|
23.90
|
Another factor contributing to the divide has been the
perpetual phenomenon of Internally Displaced Persons of FATA. With military
action in Bajaur and Mohmand, most of the families in the affected areas became
IDPs in adjoining districts. Mehsud IDPs are still lodged in Tank and DI Khan
as a consequence of military action to dislodge militants in South Waziristan
three years back. There has been a cross and inter-agency movement. With family
sizes in FATA averaging eight individuals, there is a lack of data on how many
of these IDPs went back and did some of them retain themselves in urban areas
of KP for economic reasons. Nowshera, Peshawar, Mardan, DI Khan and Charsadda
have taken the brunt of IDPs (72 percent of the overall) and IDPs from FATA
have gone even upto Karachi to seek protection and gainful employment. [14]
Section – 2 Tribal Areas Rural to Urban Centres Conversion
Initiative
2.1 Towards Urbanization - TARUCCI
It was in these circumstances that the FATA administration
decided on social transformation through urbanization. “Yet there remains a sense that FATA is still treated as a geo-political space,
frozen in time, rather than a part of Pakistan where its citizens live.[15]
Social transformation of FATA from a scattered Rural-Tribal society to a more
urbanized, cosmopolitan and progressive society is being undertaken through
establishment of urban centres at selected high population density areas
providing increased access to planned housing, quality education and health
care, municipal services, diverse economic opportunities for trade and
employment, social recreation and security.” [16]
The TARUCCI concept basically rests on the
creation of embryo urban hubs attracting tribesmen towards city life and
progressive introduction of land settlement. In housing sector residential
areas for government employees, commercial areas, space for private housing and
recreational areas have been included with proper building codes. In health
sector hospitals with Specialists, trauma centres and proper waste management
has been included with specialized services through public private partnership.
This is to be backed up with FATA Institute of Medical Sciences with a Medical
College and Nursing and Paramedic Training Institutes. In education sector,
quality English medium boarding schools and colleges have been included with a
FATA University and Virtual University planned. Technical Education includes up-gradation
of existing polytechnic institutes in Colleges of Technology and a proper skill
development initiative.
Local Industries have been proposed to be
strengthened for enterprise development at the urban hub and resultant job
creation. Local Industries use the strength of that particular area, be it
marble in primarily Mohmand, Bajaur and Khyber Agencies, coal in FR DI Khan,
mizzery products, trout farming and fruits in Kurram Agency, dry fruit and bus
body making in the Waziristans etc. Value addition at the hub instead of down
country is also planned. This is planned to be augmented with trade gateways
from FATA to Afghanistan and properly planned human and goods transport system.
This also includes custom clearing houses and immigration facilities at these
corridors. Agriculture, Fisheries and Livestock hinge on modeling farms
including seed farms, fruit orchards, broiler and layer farms, dairy farms and calf
fattening farms.
Salient features of implementation include the
stated fact that financial implications would be mitigated as 20 percent of the
schemes are already included in FATA ADP which has been re-oriented towards
TARUCCI and by the fact that education and health institutions already exist in
these urban hubs and need only to be upgraded. Commercial infrastructure such
as bus terminals, fruit and vegetable markets etc. can be through public
private partnership and phased over 5-7 years period. Special emphasis is on
energy sector with development of alternate and eco-friendly energy and women
empowerment initiatives.
The Implementation framework includes an
Oversight Committee headed by the Governor KP and a Steering Committee headed
by the ACS (FATA) with a Project Management and Implementation Unit. [17]
As an afterthought seemingly establishment of model ‘Dar ul Ulums’ has also
been included to integrate religious education with formal education. One Dar
ul Alum has been planned for each hub. [18]
The plan was also considered at Wilton Park and
its report states: “The KP Governor’s proposal for a program of Tribal Areas
Rural-to-Urban Centres Conversion Initiative (TARUCCI) provides an interesting
response to problems of access to public services. It encourages tribal people
to move from remote rural areas into more concentrated population centres, or
urban hubs, to benefit from improved facilities and services invested there.
Some donors have already indicated a willingness to support components of the
program although further technical and feasibility studies are required first.”
[19]
2.2 Financial Management within FATA Development
Framework
FATA’s development
portfolio has historically been influenced by local elites in shape of Maliks
and Parliamentarians. However, in 2006 the FATA Sustainable Development Plan
2006-15 (SDP) [20] was framed
to provide a larger merit based picture and as a response to the drivers of the
on-going conflict. Post Crisis Needs Assessment was also carried out in 2010. [21]
The FATA SDP, with total
outlay of US $ 2.0 billion spread over a period of nine year, targeted sectors
of human development, natural resources, communication and infrastructure, and
economic development. PCNA was carried out for KP and FATA by the Federal
Government in in partnership with World Bank, Asian Development Bank, European
Commission and United Nations. PCNA, a peace building strategy, is responding
to the drivers of conflict through four strategic objectives including to build
responsiveness of the state for restoring citizen’s trust, stimulate employment
and livelihood opportunities and ensure early delivery of basic services.
Under TARUCCI a financial implications analysis
based on present facilities and net requirement to upgrade them to the
standards determined was carried out. A statement on sites
selected for these urban hubs with cost analysis of required infrastructure and
inputs on the indicated sectors based on locational and economic advantage,
including present and future capacities for trade and commerce is added as Appendix-I.
In total, up-gradation of the eleven sectors of Education, Technical Education,
Health, Livestock & Dairy Development, Forestry, Municipal Services, Local
Industry, Minerals, Agriculture, Public Health and Housing across the planned
fourteen urban hubs to the standards notified for urbanization are estimated
cost of around Rs 33000 Million as per chart below (PKR in Mil): [22]

Pertinently, one of the foundations for arguing
financial viability of the initiative by the Government is that FATA ADP is
already aligned towards urban growth.[23]
The Government’s development interventions in the last three Financial Years
towards increased urbanization under the TARUCCI can be gauged from comparison
of ADP allocation in the important sectors of Education, Health, technical
education and local government including improving municipal services.
Comparative statement investment on
urban hubs [24]
Sector
|
Item
|
FY 2011-12
|
FY 2012-13
|
FY 2013-14
|
||||||
Total
|
In Urban
|
%
|
Total
|
In Urban
|
percent Age
|
Total
|
In Urban
|
%
|
||
Education
|
No of Schemes
|
234
|
49
|
20.9
|
260
|
51
|
19.6
|
217
|
38
|
18
|
Allocation (in Mil)
|
2873.3
|
795.5
|
27.7
|
3644.9
|
790.3
|
21.7
|
3676
|
966.6
|
26.2
|
|
Health
|
No of schemes
|
126
|
30
|
23.8
|
140
|
31
|
22.1
|
138
|
31
|
22.4
|
Allocation (in Mil)
|
1448
|
477.7
|
33
|
1450.7
|
500.4
|
34.4
|
1568
|
466.1
|
29.7
|
|
Technical Education
|
No of schemes
|
8
|
7
|
87.5
|
15
|
12
|
80
|
24
|
16
|
66.6
|
Allocation (in Mil)
|
56.9
|
42
|
73.8
|
44.7
|
37.5
|
84
|
139.4
|
99.1
|
71.1
|
|
Livestock and Dairy
Dev
|
No of Schemes
|
82
|
8
|
9.7
|
80
|
3
|
3.75
|
94
|
4
|
4.2
|
Allocation (In Mil)
|
183.9
|
32.3
|
17.6
|
153.2
|
34.1
|
22.2
|
328.5
|
37.1
|
11.29
|
|
Local Govt &
Rural Dev
|
No of Schemes
|
32
|
13
|
40.6
|
39
|
8
|
20.5
|
94
|
4
|
4.2
|
Allocation (In Mil)
|
197.4
|
46.9
|
23.79
|
253
|
40.3
|
15.9
|
126
|
34.9
|
27.6
|
The above assessment indicates that in
Education, Health and Livestock sectors FATA administration continues to thin
spread the resources in small, diversely located schemes in the periphery
instead of the urban hubs. It is only in technical education where smaller
institutes cannot be established in the rural areas that the contribution looks
significant but is a clear case of Hobson’s choice. Local Government fares the
worst. Despite the paradigm shift towards Municipal Administration, only around
20 percent of the total funds are being allocated to establishment of Municipal
Services.
As a case in point when education and health are
taken as sample sectors, and the requirement of urbanization are set at Rs
4684.3 and Rs 11724.5 Mil respectively - at the present pace and size of allocation
at Rs 966.6 Mil and Rs 466.1 Mil it will take 10 and 25 years respectively to
achieve the goal of provision of urban facilities. This calculation is less
inflation and other factors. It can therefore be deduced that while
urbanization may have been a priority on papers the system of allocation of
funds has not been re-oriented towards it properly. Small schemes in the
periphery where civil work cannot be monitored and ensured properly and human
resource goes unchecked are still being reflected in the ADP – purportedly on
the whims of Parliamentarians. Even the FATA ADP for FY 2013-14 allocates Rs 50
Mil each to every Parliamentarian, Rs 434.3 Mil under Governor’s Directive in
27 schemes. Pitching the ADP at around Rs 12 Billion, this direct allocation
coming to 1.4 billion is 12 percent of the ADP. These are over and above the
schemes indicated in each sector by MNAs and Senators from FATA where it is a
perception that the Parliamentarians and their blue-eyed contractors are the
beneficiaries [25] and schemes
ostensibly classified as “all FATA” schemes. This is more so excessive when the
FATA ADP has seen a significant increase since last 5 years. In FY 2007-08 the
allocation for FATA was Rs 6600 Mil, Rs 7616 Mil in FY 2008-09, Rs 10350 Mil in
FY 2009-10, Rs 12514 Mil in FY 2010-11, Rs 13072 Mil in FY 2011-12 and Rs 13003
Mil in FY 2012-13.
2.3 Response of Donors and International Community
The plan was quite often presented to donors
including the US, British and German organizations. While USAID initially
showed interest, its limited envelope had other strategic schemes in waiting so
any formal flow of funds has not been forthcoming. Under the German
Debt for Development Swap–V (2010-13) three state of the art
hospitals in 3 urban hubs including up-gradation in Landikotal and Wana and
construction of new Agency Headquarter hospital in Orakzai Agency are underway.
[26]
[27]
WB initiated support to TARUCCI under the MDTF. MDTF
was established in 2010 for KP, FATA and Baluchistan as one of the key
instruments to support the reconstruction, rehabilitation, reforms and other
interventions needed to build peace and create the conditions for sustainable
development in the aftermath of the 2009 crisis. The MDTF is administered
by the World Bank and supported by eleven donors - Australia, Denmark, European
Union, Finland, Germany, Italy, Netherlands, Sweden, Turkey, UK, and the USA. [28]
However, only a small segment in Bajaur is being supported pertinently based on
the fact that urbanization has also been shown as panacea to post-conflict
sustainable peace requirement. [29]
Urban economies play a key role in recovery
after war. The economic role of cities in generating post-conflict recovery has
been emphasized by a study conducted by the Massachusetts Institute of
Technology (MIT) and UNDP.[30]
The World Bank is also of the opinion that Government policy is more towards
urban development following conflict instead of building new cities. The
population internally displaced moves towards large urban centres where they
acquire prolonged exposure to the services, civic amenities, and general
peacefulness. This makes it harder for the IDPs to return to their rural areas
of origin, more so due to loss of infrastructure, economic livelihoods formerly
available, and the gradual, drawn-out and difficult rehabilitation and recovery
period that is expected on return. The urban centres should therefore be
developed as instruments to facilitate sustainable recovery through better
infrastructure and services, particularly education and health and expectations
of new inhabitants regarding jobs and livelihoods. A vibrant local economy is
one of the key elements in sustainable recovery and development.
Similarly,
in order to reduce vulnerability and ensure crisis mitigation, good urban
governance is critically required. Such governance should be based on equity,
efficiency, transparency, civic engagement and security. Truly participatory
local and national governments able to address issues in the post conflict
phase are a critical element in the development of sustainable relief
strategies. Spatial Planning and Development of Housing Sector become essential
with rights of ownership in urban areas especially those acquired by DPs. Policy should include the key elements of protecting
the land and property rights of displaced persons, and developing longer term
solutions for land and property dispute resolution. [31]
However,
the WB’s intervention under the MDTF has only been limited to providing solar
lights in one of the fourteen proposed urban hubs. At such a pace it will take
a lifetime to get anything meaningful out of this initiative.
2.4 FATA Urban Centres Project
A Project Agreement was signed between the World Bank and
FATA Secretariat on 12 April 2012 with closing date as 30 June 2015 for grant
proceeds of US$ 7.0 Mil for FUCP. The object of the project is to improve urban
services and management in Khar, Bajaur Agency and develop a framework for
urban management in rest of the planned urban hubs in FATA. The project
consists of Priority Infrastructure investments including rehabilitation,
reconstruction, expansion and upgrading of urban municipal infrastructure and
services such as water supply, sanitation, solid waste management, street
lights, drains, roads, fire fighting and a general bus terminal, in Khar,
through the acquisition of goods and the carrying out of works for which US $
6.0 Million have been allocated. It also includes US$ 1.0 Million as Technical
Assistance and Implementation Support for design and development of an overall
urban management frame-work for FATA, including development of a conceptual
framework, an implementation roadmap and guidelines in relations to areas such
as structural and spatial planning and demarcation of urban boundaries,
strengthening of institutional structures such as FS and development of
communications strategy. [32]
WB has prepared an
Environmental and Social Screening and Assessment Framework (ESSAF) and an ESMP
has been prepared in pursuance of the environmental and social assessment
requirements defined in the ESSAF.[33]
A Grievance Redressal and Complaint Handling Mechanism is a part of this ESMP. [34]
To ensure participatory approach to the project a Jirga was also held in
Bajaur, attended by the public, elders, Parliamentarians from the area
including the then Minister SAFRON as well as other stake-holders. [35]
[36]
Officers with vast
experience of service in FATA generally say that migration of tribals
from lesser-developed areas towards urban centers may present mixed trends in
each agency. While in northern part of FATA, comprising Mohmand, Bajaur and
Khyber agencies, more people are likely to migrate; trend in southern agencies
may be different. In search of better lives for their families, many Tribal of
northern FATA have already migrated to cities like Peshawar and Charsadda being
in closer geographical proximity to these agencies. Following the trend, large
segment of rural population from these agencies would also like to take their
families, where they could have a better living. However, increased cost of
life in bigger cities is probably the principle reason for preventing them for
doing so. In case urban centres are established within the agencies, there is
every likelihood that this segment of rural population migrates towards these
urban centers, where their families could have benefits of an urban town at a
relatively lower cost while being nearer to their areas of origin.
There is another significant segment of
the tribal society, which would like to migrate to bigger towns, however,
adoption of an entirely new culture prevents them from doing so. This segment
of the society is likely to migrate to the urban centres within FATA as they
would avail facilities of urban centres remaining in their own cultural
environment. Furthermore, awareness level for provision of education and other
modern day facilities to the children and other members of the family is much
higher in these agencies being in closer geographical proximity to the bigger
cities as earlier mentioned. Establishment of urban centers would surely
persuade that segment of the population, which would like to avail benefits of an
urban town; and for now mere non-availability of any choice prevents them from
doing so. [37]
Section – 3 Local Governance in FATA
3.1 Evolution of Local
Government in Sub-continent
The first municipal corporation was set-up
in Madras in 1688 by the East India Company. [38]
In 1842, the Conservancy Act led to the formation of sanitary committees for
garbage disposal in Bengal Presidency. In Karachi, the Board of Conservancy was
established in 1846, while in Lahore and Rawalpindi, the Municipal Act was
passed in 1867. The 1935 Government of India Act allowed provincial autonomy
and permitted provinces to frame legislation on local government systems. [39]
After 1947 the military government
ruling for the period 1958 to 1969 developed an extensive elected system of
local government in the shape of Basic Democracies System. The system provided
for a new local government system across the country through which members were
elected. In urban areas, town committees were set up for towns having a
population of less than 14,000. Under the Basic Democracies Ordinance of 1959,
urban areas were defined as areas under the jurisdiction of a municipal body or
any other area that the government could declare as an urban area. Town
committees were expected to perform 37 functions ranging from measures for
promotion of social welfare and health to the maintenance of infrastructural
facilities. These committees could also levy taxes on 29 items that included
vehicles and trade.
General Zia’s regime implemented
elected local governments through the 1979 law under which there are four
levels of municipal government in the urban areas: town committees, municipal
committees, municipal corporations and metropolitan corporations. The Rural
Urban divide was abolished in the Local Government Ordinance of 2001. Now the
provinces have brought out their laws in 2013 and elections, already conducted
in Baluchistan, are expected in rest of the provinces within the next couple of
months.
3.2 Municipal Committees in FATA
Municipal Committees, as Town Committees, were introduced in
three urban hubs in FATA in the early 1960s. The Town Committee Sadda, Kurram Agency
was to have 7 Members to be nominated by Collector in consultation with Jirgas
with the tribes living in the Town and with APA Sadda as ex-officio Chairman. [40]
The Town Committee Parachinar was formed as a successor of Bazaar Fund Commitee
Parachinar [41]
and Town Committee Miranshah was formed in 1964. These Town Committees have
established properties in shape of shops and small houses to utilize their rent
as revenue and, while providing rudimentary street lighting as well as garbage
disposal, they collect very minor contribution from the shopkeepers and residents.
An example of the state of affairs is that the rent for shops and houses in
Parachinar, now a prime locality as far as FATA is concerned, is still the Rs
25 and Rs 150 per month it used to be around two decades back.
These Town Committees have been in perpetual problems during
the last decade, primarily due to lack of proper administrative setup, human
resource, financial discipline and revenue generation opportunities. The
foremost cause is that these were formed during one-Unit days and on revival of
Province of the then NWFP (now KP), FATA not being part thereof, these TCs lost
structured support. Octroi was their main source of revenue. The octroi and zilla tax were abolished in 1998 through a
resolution of Inter-Provincial Coordination Committee (IPCC). Following
abolition of octroi, the government increased rate of general sales tax from
12.5 to 15 per cent. The proceeds of 2.5 percent sales tax were given to the
provinces as compensation for the loss of octroi revenue. [42]
FATA was not given this compensation. In fact, FATA’s demand for
allocation of Rs 70.270 Mil annually in lieu of abolition of octroi was
declared unjustified. [43]
With octroi gone and very meager resources the MCs provide less and less
services while their liabilities increase manifold nearly each year.
With the piling up of liabilities on account of pay of staff
and reduction of services only to street lights and sanitation in main bazars
in Parachinar alone, Federal Government granted a one time reprieve in shape of
Rs 33.720 Mil in FY 2009-2010 to alley the financial liabilities of the
Committee. However, even after that only for Town Committee Sadda the shortfall
is piling up @ Rs 2.9 Mil annually. It was decided by FATA Secretariat on
11.5.2010 that octroi and sanitation staff will be let go, no vacant posts
towards Local Council Board staff would be filled and all daily wages workers terminated.[44]
Presently, including Parachinar, all three Town Committees are dysfunctional.
Meanwhile, with the approval of Governor KP, FATA
Secretariat has notified the 14 Agency and Tehsil headquarters identified for
urbanization under TARUCCI as Municipal Committees under administrative
arrangements. The Urban Growth Boundary has been set at 25 sq. km with the
exact villages to be notified. The system proposed an elected MC with a
transition and bridging period through a nominated one for an initial period of
3 years. It also included progress towards clear identification and delineation
of revenue sources, assets, expenditure heads, proper accounting system and
human resource structure. Till the time the Chairman was to be elected,
Political Agent was to act as Chairman.[45]
However, framing of by-laws, proper service structure and delimitation of wards
for elections have not had any worthwhile progress. If the FS has seriously
proposed extension of local government law to FATA it should already have dived
head long in the delimitation process.
Furthermore, in the last three years, out of an allocation
of Rs 576.4 Mil for Local Government and Rural Development only 122.1 Mil have
been allocated to strengthening and improvement of Municipal services including
provision of water, drains, sanitation, streetlights, fire-brigades and roads
which fall under the umbrella of Municipal services in all Agencies of FATA. In
that amount too, except for two fire brigades being purchased under Governor’s
Directives, no expenditure has been made on that account also. [46]
It has to be noted that all Parliamentarians get funds from Prime Minister
under the Tameer-e-watan program for
rural development. With the focus on urbanization and municipal governance it
would have been more advisable to spend the total allocation in this sector on
provision of service oriented infrastructure, logistics and human resource for
MCs.
3.3 Draft Local Government Regulation 2012
During this time, parallel to the extension of Political
Parties Order to FATA and the amendments in FCR 1901 in 2012 as part of reforms
package a number of other laws were also extended to FATA in addition to around
130 already applicable there. [47]
Most notable amongst these are the Voluntary Social Welfare Agencies
(Registration and Control) Ordinance, 1961, the Companies Ordinance, 1984, the
Pakistan Environmental Protection Act, 1997, The Higher Education Commission
Ordinance, 2002 and The Securities and Exchange Commission of Pakistan Act,
1997. The people of FATA themselves started demanding a local governance system
like the rest of the country.
Therefore, a need was felt at the Governor’s and FS’s level
that proper legislative instrument is required for FATA to introduce local
governance mechanism, in a phased manner, to the urban hubs and beyond. This
would have also taken care of the archaic arrangements in the three existing
MCs.
As an initial step a draft law was framed and placed before
a consultative meeting with FATA Parliamentarians on “FATA Local Government
Regulation 2012” on 2 Aug 2012 at Khyber Pakhtunkhwa House Islamabad. [48]
The Parliamentarians were informed that the law would introduce local self-governance
at grass root level and be a paradigm shift from patriarchal to participatory
approach in decision making. The LGs would complement fata reforms process and
provide nurseries for future leadership. The draft framed proper qualifications
for would-be councilors, had a standard term of 4 years, provided for reserved
seats for under-privileged, election of Chairman and Vice Chairman through
individual votes and a proper Election Commission. Compulsory functions of MCs
included public health, sanitation, garbage removal, water supply, drainage,
food and drinks, markets and slaughter houses, animals and cattle, education,
public safety, urban planning and building control, streets and traffic, sports
and cultural activities. Finances included public fund – all grants and taxes
(property tax, other taxes, cess, fees and fines), special fund – on direction
of governor for special purposes etc. and importantly use of property could
only be for public purposes and property could not be alienated.
Most importantly, Sec 1 sub-section (3) of the draft LGR
2012 provides that “It shall come into force on
such date as the Governor may, by notification in the official gazette
determine, and different dates and areas may be notified for different
provisions of this Regulation”. [49]
This provision is to phase-wise implement even the individual provisions of law
to various earmarked areas in FATA catering to the requirements of formation of
wards and bringing in a culture of payment of local taxes for acquiring
municipal services.[50] However KP,
where the Local Government law has been in existence since 1979 and was
followed by LGO 2001 and LG Act 2012, has also made such a provision in its LG
Act 2013. [51]
It is not clear why did KP require such a provision in its law. Similar
provision has actually also been provided in the Punjab law. [52]
In the KP law “local
council” has been defined as a District Council, Tehsil Council, Town Council,
Village Council or, as the case may be, Neighbourhood Council. However in the
draft Regulation for FATA the only definition of Local Council is a Municipal
Committee of a Town so declared. While the KP Law has the nomenclature of
‘Nazim’ and ‘Naib Nazim’ at the helm of affairs in LGs the equivalent
nomenclature in FATA has been designated as ‘Chairman’ and ‘Vice Chairman’. The
Punjab LG law also contains the nomenclature of ‘Chairman’ at the District
level except the Metropolitan Corporation, which is headed by a Mayor aided by
a Deputy Mayor. The Punjab’s law also contains a provision with clear
distinction between a rural and urban area, and the resultant LG structure.
However the FATA as well as the KP law does not make any such distinction.
In the KP law action against the Nazim is staggered into first
suspension and then removal, that too where the Local Government Commission
submits a report to the Chief Minister after due inquiry. In the draft LG
Regulation for FATA the powers of removal are vested in Government with the
review against such orders also lying before him. The Governor may even suspend
or dismiss a Local Council after a Committee comprising three Senators and
three MNAs from FATA and two officers of his choice submit a report to him
under Section 89 of the draft law. Punjab’s provisions towards similar ends
have a novel approach wherein under sub-section (3) of Section 64 of its LG Act
of 2013 the provincial government may delegate any powers of the Chairman or
the Mayor to their deputies on the recommendations of the Local Government
Commission through a simple notification.
The KP law empowers the provincial government to make bye-laws for
LGs. However the FATA draft law
authorizes the LC to make such bye-laws for itself. The KP law, in its Section
52, constitutes a high level and powerful Provincial Finance Commission to make
recommendations to the provincial government on the amount of grant for local
governments out of the proceeds of Provincial Consolidated Fund in a financial
year. Section 82 of the draft FATA law provides that the
Governor may constitute a Local Councils Finance Committee to examine demand
and apportion, on rational basis, share of each municipal committee from public
funds, as well as from other sources. This Committee is to then submit its
recommendations to the Governor for his approval.
The draft FATA LG Regulation contains
transitional provisions such as interim authorities, interim maintenance of
institutions, interim budget etc. However, while its Schedules include the
functions and taxes etc. it is essentially silent on the devolved offices to
the LG, primarily as the whole law is based on setting up MCs and not Agency
Councils equivalent to District Councils. Punjab’s law, on the other hand, in
quite an interesting manner, takes control of one of the primary functions of
the LGs through establishment of District Education and District Health
Authorities where the provincial government is to appoint technocrat members of
the Authorities as well as their Chairmen and Vice Chairmen. [53]
It, however, also contains provisions for transitional interim authorities,
maintenance of institutions, budget etc.
The justifications of extension of the law
include that it will arrest migration out of FATA due to deterioration in law
and order situation, improve services in health and education by creating
islands of excellence and fulfill the security needs of a population
concentration zone much more efficiently. It also argued that the
per capita cost of providing services is lower in urban areas or concentrated
population areas, and we should encourage agglomeration. The tribal character
of ancient population will also change and bring integration and pluralism.
This will lead to fostering Pakistani nationalism. The tribal structure and
local Jirga will be diluted, with better laws holding sway over those urban
areas. That will lead to development of institutions.
After due consultation the Governor has recommended the draft LGR to the President of Pakistan under the provisions of Article 247 of the Constitution where it is awaiting assent to become law. It is also pertinent to mention that since the beginning of 2013 not a single initiative has been taken by FS to either push for the approval of the Regulation or at least galvanize public support in the right places towards achievement of that end. It has been reported that all stakeholders are not in agreement to this endeavor, pointing towards the headquarters in Rawalpindi.
The Political Parties Joint Committee on FATA
Reforms established in 2010, comprising Awami National Party, Jamaat e Islami,
Mutahida Qaumi Movement, National Party, Pakistan Muslim League, Pakistan
Muslim League (N), Pakistan Peoples Party and Qaumi Watan Party has carried out
detailed assessment of the draft LGR and has observed that Governor’s powers to
dissolve local councils are not actual devolution of political, administrative
and financial powers. Instead of area by area implementation of the Regulation
the local government system should be extended to all FATA. 18 percent of local council seats should be reserved for women,
Local government elections should be held on a political party basis and Local
councils should approve all development projects.[54]
However, the government has, neither at the Governor’s nor at FS level, engaged
such an important forum for further deliberations.
Conclusion
It is evident from the study that the
politico-socio-economic reforms and development policy of the government is
rudderless and plagued with confusions running right across the vertical
hierarchy in the government. Nobody knows how to go about giving equal rights
to people of FATA. The worst possible social indicators for an area which has
been in the limelight since 1979, and has been ruthlessly used for great games
across the border, reveals a state of abject apathy of those in power towards
the people of FATA who so joyously and willingly joined the state of Pakistan.
It is more so unfortunate that the primary pillars of society in FATA, of rewaj and pashtunwali, have been used as an argument against change in status
quo and of absolution from all responsibilities.
FATA’s constitutional status as a special area under the
control of the Federal Government merited complete and meaningful attention in
the welfare of its people but by following the archaic FCR and a direct control
policy the government has infact frozen it as a showcase in a timeline in the
past. Now, with the reduction of Federal Government’s financial portfolio under
the National Finance Commission Award, and the dependence of finances of FATA
on the Federal Government being its area of jurisdiction, there is genuine fear
that meaningful development funds would be still harder to get.
The rural-urban divide in FATA evidently points towards the
lack of commitment of successive governments to provide quality living
standards to the people who are otherwise quite conducive to peace and
development in the rest of the country and even as immigrants in other
developing and developed countries where they are tax paying citizens
interested in acquiring education for their children including the girl child.
Efforts to urbanize the society in FATA through TARUCCI have
not been seriously handled. The concept was conceived at the highest level by
the then Governor aided by bureaucrats without any consultation with the people
or their elected representatives, albeit it being in public interest. This lack
of demand driven approach has obviously been unable to build public pressure on
the subsequent government(s) to fully support it. With the allocation of around
25 percent of the ADP resources to all important service delivery sectors in
the urban hubs it will take over two decades at the present rate to raise the
envisaged facilities. The thin spread of resources continues to discourage
people from coming to these urban hubs including the golden opportunity of
resettlement of the IDPs in these areas on their return from camps.
This is exacerbated with the fact that neither the Oversight
Committee of TARUCCI nor its Steering Committee has held formal meetings since
the last 18 plus months. The Urban Management Framework, which should have been
developed at the very on-set of the initiative, is now being framed with the
assistance of the WB. However, with a meager allocation under the FUCP and with
only street lights provided for in one of the hubs, i.e. Khar of Bajaur Agency,
it seems too little and that too, too late. It also points out to the fact that
the genuine interest shown by donor organizations initially and not
subsequently backed up by actual financial commitments is more to do with less
than meaningful efforts of FATA administration to stimulate their interest in
this all important initiative.
The draft Regulation for LGs in FATA have only concentrated
on one area; the provision of municipal services in urban hubs within 25 square
kilometers. The most critical essentials of an Agency setup of LG followed by a
Tehsil and Union Council set up have been overlooked. It could have been the
basis of a uniform development of all areas and actual devolution of power to
the elected representatives at the Agency level in contrast to the political
administration still calling the shots in the whole of Agency except the urban
growth boundary.
The law contains inherent dichotomies. The Governor’s powers
to suspend or dismiss the whole LC at his whims or on the recommendations of
the Parliamentarians who themselves have separate stakes at that level, renders
the system meaningless, or at best a continuity of what is directed from the
top instead of a grass-root level approach towards development and problems’ resolution.
The collective wisdom of the political parties and their support to
introduction of local governance in FATA, is yet to be tapped by the FATA
administration.
Most pertinently even if, despite the reservations of the
stakeholders in khaki, the President approves the law there is no preliminary
homework on ground. The LG sector is being allocated less than 20 percent in
ADP, existing MCs are running in perpetual losses and are practically
non-existent, the methodology for delimitations of wards etc. has not been
initiated, structure and by-laws for LGs have not been worked upon and there is
no focal point in the efforts of FATA Administration. At best the Governor’s
Secretariat, Parliamentarians and FATA Secretariat are oblivious to the
pre-requisites for implementation of the all important initiative of social
transformation of FATA through establishment of urban hubs and provision of
local governance to the people.
Recommendations
The Federal Government has to initiate serious, sustained
and meaningful initiatives to correct the situation in FATA. It has to treat
FATA at par with the provinces by allocating special funds towards development
of FATA for which program has already been indicated in the FATA Sustainable
Development Plan as well as TARUCCI. Funds may be earmarked with a special
provision in the National Finance Commission Award on the pattern of award of 1
percent of the total funds to KP as FATA has been worst hit than KP due to
militancy. Similarly FATA should be declared a separate province to entitle it
to have a share formally under the Award.
The reforms launched through introduction of Political
Parties Order as well as amendments in the FCR should be backed with further
reforms by extension of more laws to FATA to bring its people at par with
people of the rest of the country and a gradual move from the FCR to the normal
laws of the land. For this purpose the institution of grand Jirga should be
initiated to finalize a road-map towards making FATA at par with the settled
areas including the administrative, financial, legislative, political and
judicial changes required. A definite timeline should be indicated as the
deadline for change of status of FATA.
The initiatives under TARUCCI have to be owned at the
highest level. The Governor and FATA Secretariat must ensure that the meetings
of the Oversight Committee as well as the Steering Committee are held quarterly
and other stake-holders including opinion leaders, notables, journalists etc.
are also invited to these meetings to develop consensus and support.
At least 70 percent of the ADP should be allocated to
initiatives under TARUCCI to fast track urbanization and also avoid thin spread
of resources. This will induce the tribesmen to move towards these urban hubs, encourage
enterprize development and job creation and also provide better security
environment in a manageable area.
FATA Secretariat should arrange a Donors’ Conference on the
initiative of TARUCCI and request the donors to re-orient their efforts towards
strengthening of urban centres alone. FATA Secretariat should also ensure that
the allocation under head of Local Government are not utilized for rural
development as the Parliamentarians are investing huge resources allocated
annually to them towards those areas.
The LG system proposed for FATA should be overhauled and
structured at the Agency, Tehsil, Town (for urban hub) and Union Council level.
There should be an Agency Council headed by a Nazim (or Chairman) followed by a
Tehsil and a Union Council. Town Councils over urban hubs should be named as
Municipal Committees. Furthermore, instead of exercise of arbitrary powers by
the Governor in cases of suspension and dismissal of local government
institutions such cases should be processed through a Local Government
Commission comprising, amongst others, majority independent Members who are not
likely to come under undue influence of the Parliamentarians or the Governor.
Political Parties and other stake holders should be fully
involved in all decision regarding local governance. This can be done through a
specially constituted Committee comprising heads of all political parties in
FATA, amongst others. Regular bi-monthly meetings may be held for the purpose.
The Local Government apparatus in FATA should immediately
commence work on the methodology for delimitations of wards, structure and
by-laws for LGs. An Urban Management Frame-work for all the 14 hubs may be
finalized and for that expertize of Consultant(s) may be hired to ensure
quality and time-efficiency.
Till the formal launch of the LG system in FATA the 3
existing MCs of Parachinar, Sadda and Miranshah may be re-vitalized through a
special package which ensures budgetary support on one hand and the development
of their actual assets including increase in rent-rates etc. on the other.
Bibliography
Commissionerate of Municipal Administration Tamil Nado,
“History of Municipal Administration”, http://cma.tn.gov.in//introduction.htm
DAI. "Pakistan FATA Capacity Buiding
Program - Agency Development Plan 2010." Draft, 2010.
FATA Development Authority. FATA
Development Authority - Bridging the Development Divide.
http:/www/fatada.gov.pk.
FATA Disaster Management Authority. FATA
Disaster Management Authority. http:/www.fdma.gov.pk.
FATA Secretariat. Consultation meeting
with FATA Parliamentarians on "FATA Local Government Regulation
2012". Government, FISP - USAID, 2012, 9.
"FATA Local Government Regulations,
2012 (DRAFT)." 2012. fata.gov.pk.
Welcome to FATA.
http://www.fata.gov.pk.
"Frontier Crimes Regulation
1901."
Haider, Murtaza, and Badami G Madhar.
"Urban & Local Governance challenges in Pakistan." Environment
and Urbanization Asia, 2010.
Khyber Pakhtunkhwa Local Government
Act 2013
Kilroy, Austin. "The role of cities
in post war economic recovery."
Planning & Development Department
FATA. Digest of Mega Projects. Government, FATA Secretariat,
Government of Pakistan, Peshawar: FATA Secretariat, 2008, 29.
Planning & Development Department FATA.
FATA Sustsinable Development Plan (2006-2015). Government, FATA
Secretariat, Government of Pakistan, Peshawar: FATA Secretariat, 2006, 161.
PMU TARUCCI, FATA Secretariat. "FATA
Urban Centres Project - Environmental and Social Management Plan."
Government, Administration, Infrastructure and Coordination, FATA
Secretariat, 2013.
Punjab Local Government Act, 2013
Saleem, Saadia, and Mughees Ahmad.
"Political and Administrative Structure of Local Bodies in Pakistan - A
case study of City DIstrict Government Faisalabad." Berkley Journal
of Social Sciences 2, no. 6-7 (June-July 2012).
UN Economic and Social Commission for
Asia and South Pacific, Local
Government in Asia and the Pacific:
A Comparative Study, http://www.unescap.org/huset/lgstudy/country/pakistan/pakistan.html
Appendix-I
Calculated
Financial Implications of various sectors in 14 Urban Hubs
Urban Hub
|
Municipal
Services
|
Education
|
Tech Edu
|
Health
|
Livestock/
Dairy Dev.
|
Forestry
|
Local Industry
|
Minerals
|
Agriculture
|
Public Health
|
Housing
|
Total
|
Khar, Bajaur
|
175.9
|
583.5
|
382.6
|
436.2
|
142.2
|
37.0
|
179.4
|
397.0
|
69.0
|
141.1
|
90.8
|
2634.8
|
Gillanai, Mohmand
|
261.1
|
429.6
|
140.6
|
891.1
|
119.6
|
78.6
|
700.0
|
80.0
|
73.7
|
200.0
|
90.8
|
3065.1
|
LandiKotal, Khyber
|
180.0
|
292.7
|
41.9
|
878.6
|
76.2
|
45.5
|
300.0
|
50.0
|
73.7
|
185.0
|
75.0
|
2198.7
|
Kalaya, Orakzai
|
201.2
|
288.6
|
41.9
|
1026.8
|
40.1
|
48.3
|
700.0
|
55.0
|
100.0
|
150.0
|
90.0
|
2741.8
|
Ghiljo, Orakzai
|
188.2
|
200.0
|
41.9
|
868.3
|
20.0
|
47.4
|
400.0
|
45.0
|
50.0
|
110.0
|
70.0
|
2040.8
|
Sadda, Kurram
|
206.2
|
269.5
|
292.5
|
894.2
|
107.3
|
54.8
|
250.0
|
50.0
|
55.0
|
120.0
|
70.0
|
2369.5
|
Parachinar, Kurram
|
189.0
|
161.4
|
120.8
|
808.7
|
73.0
|
77.4
|
710.0
|
40.0
|
64.8
|
125.0
|
90.0
|
2460.2
|
Miranshah, North
|
200.0
|
190.6
|
120.8
|
739.6
|
119.6
|
85.3
|
300.0
|
35.0
|
73.7
|
100.0
|
90.0
|
2054.5
|
Mir Ali, North
|
185.0
|
195.0
|
120.8
|
868.3
|
35.0
|
49.5
|
195.0
|
50.0
|
45.0
|
95.0
|
75.0
|
1913.6
|
Wana, South
|
191.2
|
515.3
|
128.8
|
839.7
|
201.0
|
65.0
|
300.0
|
90.0
|
123.5
|
341.8
|
99.0
|
2895.2
|
Sarwakai, South
|
180.0
|
852.0
|
120.8
|
868.3
|
40.2
|
53.6
|
150.0
|
50.0
|
50.0
|
85.0
|
70.0
|
2519.8
|
Darra Adam Khel, FR Kohat
|
200.0
|
199.0
|
41.9
|
868.3
|
30.7
|
50.7
|
500.0
|
50.0
|
50.0
|
125.0
|
60.0
|
2175.7
|
Darazinda, FR DI Khan
|
150.0
|
301.6
|
120.8
|
868.3
|
30.7
|
49.7
|
150.0
|
35.0
|
50.0
|
110.0
|
60.0
|
1926.1
|
Jandola, FR Tank
|
175.0
|
205.6
|
128.8
|
868.3
|
30.7
|
52.5
|
150.0
|
35.0
|
50.0
|
100.0
|
70.0
|
1865.9
|
Total
|
2682.8
|
4684.3
|
1844.9
|
11724.5
|
1066.5
|
795.4
|
4984.4
|
1062.0
|
928.5
|
1987.9
|
1100.7
|
32861.8
|
[3] FATA Secretariat, FATA in Figures 2009. Annual,
Planning and Development Department, FATA Bureau of Statistics, (Peshawar:
Government Printing Press, 2010)
[5] FATA Secretariat, FATA in Figures 2009. Annual,
Planning and Development Department, FATA Bureau of Statistics, (Peshawar:
Government Printing Press, 2010
[7] FATA Secretariat, FATA Agriculture
Statistics 2009-10, Report, Directorate of Agriculture, (Peshawar: 2010).
[9] fata.gov.pk
[10] FATA Development Statistics 2012, Bureau of Statistics
(FATA Cell), P&D Department FATA Secretariat, (Pages 117-121)
[11] History of FATA, FATA Secretariat official website, http://fata.gov.pk/index.php?option=com_content&view=article&id=85&Itemid=83 accessed on 16 Oct 2013
[12] FATA Development Statistics 2012, Bureau of Statistics
(FATA Cell), P&D Department FATA Secretariat, (Page 124)
[13] ibid (Page 125)
[14] Pakistan: IDP Population Movements and
Patterns, Internal Displacement Monitoring Centre, http://www.internal-displacement.org/idmc/website/countries.nsf/(httpEnvelopes)/A9B4B77CF630AEADC125778C006AE001?OpenDocument accessed on 25 Nov 2013
[15] Conference report: Advancing policy implementation in Pakistan’s Federally Administered
Tribal Areas (FATA) Sunday 24 – Wednesday 27 October 2010 | WP1048
(Wilton Park) https://www.wiltonpark.org.uk/wp-content/uploads/wp1048-report.pdf accessed on 14 Oct 2013
[16] TARUCCI booklet, fata.gov.pk/downloads
[17] TARUCCI booklet, fata.gov.pk/downloads
[18] FATA Secretariat A&C Department policy letter No.
FS/PD(TARUCCI)/01-01/769-75 dated 15 Nov 2010
[19] Conference report: Advancing policy implementation in Pakistan’s Federally Administered
Tribal Areas (FATA) https://www.wiltonpark.org.uk/wp-content/uploads/wp1048-report.pdf accessed on 14 Oct
2013
[21] Government of Pakistan. Post Crisis Needs
Assessment: Khyber Pakhtunkhwa and Federally Administered Tribal Areas. (Islamabad,
September 2010)
[22] TARUCCI booklet, fata.gov.pk/downloads
[23] TARUCCI booklet
[24] FATA Annual Development Plans for FY 2011-12, 2012-13 &
2013-14 (provision from local component and for CFY under consideration – OWN CALCULATION)
[25] Understanding FATA: 2011, Naveed Ahmad AhmadShinwari, http://www.understandingfata.org/uf-volume-v/Understanding_FATA_Vol-V-11.pdf accessed on 22 Nov 2013
[26] FATA Secretariat, Monthly Progress Report on Foreign Funded
Projects, Oct 2013
[27] 50 years of Pakistan-German Development
Cooperation, http://www.bmz.de/en/zentrales_downloadarchiv/laender/50_years_of_Pakistan-German_Development_Cooperation_20120116.pdf accessed on 23 Nov, 2013
[29] FATA Urban Centers Project (FUCP), The World Bank, http://www.worldbank.org/projects/P125414/fata-urban-centers-project-fucp?lang=en accessed on 23 Nov 2013
[30] Kilroy, Austin, “The
Role of Cities in Postwar Economic Recovery”, MIT and UNDP, December 2007.
[31] Shahnaz Arshad, Senior Urban Specialist, World Bank
Pakistan
[32] Schedule I Project Description, grant agreement KP / FATA /
Baluchistan Multi-Donor Trust Fund (FUCP) – Grant No. TF012150-PK
[33] Fata Urban Centers Project MC Khar Bajaur Agency, Fata:
Environmental And Social Management Plan
[35] The World Bank, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/SAR/2012/11/26/090224b0817a86a5/1_0/Rendered/PDF/Pakistan000FAT0Report000Sequence001.pdf accessed on 23 Nov, 2013
[36] Amir, Intikhab, Urban
Hub Project Finally Comes Alive in Bajaur, Dawn, 28 Jun 2012
[37] Mr Habibullah Khan-Secretary Ports & Shipping,
Sahibzada Anis (late), Dr Fakhr e Alam Irfan-Principal Secretary to Governor,
Mr Mutahir Zeb-Political Agent Khyber, Mr Islam Zaib-Political Agent South
Waziristan, Mr Shahab Ali Shah-Chief Economist KP, Mr Khushal Khan-Political
Agent Mohmand, Mr Shakeel Qadir Khan presently Government of Baluchistan, Dr
Kazim Niaz-Secretary Local Government Baluchistan
[38] Commissionerate of Municipal Administration Tamil Nado,
“History of Municipal Administration”, http://cma.tn.gov.in//introduction.htm accessed on 18 Oct 2013
[39] UN Economic and Social Commission for Asia and South
Pacific, Local Government in Asia and
the Pacific:
A Comparative Study, http://www.unescap.org/huset/lgstudy/country/pakistan/pakistan.html accessed on 21 Oct 2013
[40] Home and Tribal Affairs of the then NWFP Notification No.
16/206/SOTA.II(HD)/88 dated 5.10.1991
[41] Notification Secretary Basic Democracies and Local
Government Department No.SOI(BD)8-1/50 dated 29.11.1961
[42] Sindh’s case for restoration of octrio, Dawn 13-10-2008, http://dawn.com/news/839315/sindh-s-case-for-restoration-of-octroi accessed on 10 Nov 2013
[43] Minutes of the meeting of AFS(E) with FA(FATA) dated 28 Sep
2007 read with Government of NWFP Local Government, Elections and Rural
Development Department Letter No. AO-II/LCB/3-9/99 dated 28 Mar 1999
[44] Minutes circulated vide Director Local Government FATA
letter No. DF(RD)TC/2009-10 dated 28 Jul 2010
[45] FATA Secretariat A&C Department Notification No.
PD/TARUCCI/MCs/1-1/2010 dated 25 Nov 2010
[46] Mr Muhammad Zahoor, the then Director Local Government FATA
(presently Project Director TARUCCI)
[47] FATA Legislative Acts, http://fata.gov.pk/index.php?option=com_content&view=article&id=192&Itemid=165 accessed on 20 Nov 2013
[48] http://fata.gov.pk/fo/fata_lgr_2012.pdf
[49] Section 1(3) of the draft FATA Local Government Regulation
2012, http://fata.gov.pk/index.php?option=com_content&view=article&id=166&Itemid=154# accessed on 20 Dec 2013
[50] Sub-section (3) of Section 1 of the draft FATA LG
Regulation, 2012 refers http://fata.gov.pk/index.php?option=com_content&view=article&id=166&Itemid=154 accessed on 20 Dec 2013
[51] Sub-section (3) of Section 1 of the Khyber Pakhtunkhwa
Local Government Act 2013 (received from Mr Asghar Ali, Special Secretary LG
KP, through email on 18 Dec 2013)
[52] Sub-Section (3) of Section 1 of the Punjab Local Government
Act 2013, http://punjablaws.gov.pk/laws/2542.html accessed on 18 Dec 2013
[53] Section 17 of the Punjab Local Government Act 2013, http://punjablaws.gov.pk/laws/2542.html accessed on 21 Dec 2013
[54] FATA Reforms, http://www.fatareforms.org/fata-committee-local-government-recommendations/ accessed on 25 Nov 2013
Comments
Post a Comment