Senate passes FATA merger bill

ISLAMABAD, May 25 (APP):The Senate on Friday passed the constitutional amendment bill regarding the merger
of Federally Administered Tribal Area (FATA) with Khyber Pakhtunkhwa and Provincially
Administered Tribal Area (PATA) with their respective provinces.
Minister of Law and Justice Chaudhary Mahmood Bashir Virk moved the bill, to further
amend the Constitution Amendment Bill, 2018 in the House.
Seventy-one (71) lawmakers voted in favour of the bill and five voted against it. Earlier,
all the clauses (2 to 7) and preamble and title of the bill were passed by the House with more
than two third majority.
Two allies of the ruling party, the Jamiat Ulema-e-Islam-Fazl (JUI-F) and the Paktunkhwa
Milli Awami Party (PkMAP) opposed the Constitution (Amendment) Bill, 2018.
The bill will be further tabled in the Assembly of Khyber Pakhtunkhwa for the passage.
It is to mention that the bill aimed at integrating the Provincially Administered Tribal Areas
(PATA) with the respective provinces and the Federally Administrated Tribal Areas (FATA) with
the province of Khyber-Pakhtunkhwa and bringing the people of tribal areas in the mainstream.
In the article 1 of the Constitution which defines the territories of Pakistan, it seeks to omit
the paragraph “C” of sub-clause-2 of the Article-1 under which FATA is placed as separate
territory of the country like the four provinces. After the “C” omission, the federally administered
tribal areas shall form part of the territory of Khyber Pakhtunkhwa.
It also seeks to amend the clause-1 of the Article-51 which defines the number of seats in
the National Assembly as three hundred and forty-two. The draft bill seeks to reduce the number
of seats from 342 to 326 and also replaces the table which gives the seats division between
provinces and federal capital given in the clause-3 with a new one with total 326 seats.
It adds a new clause called “3A” after the clause 3 to give legal cover to the representatives
who will be elected from FATA in general polls 2018. They will continue as member of the national
assembly till dissolution of the National Assembly and thereafter this clause shall stand omitted.
It removes the word “Federally Administered Tribal Areas,” from the clause-5 under which
seats of the national assembly are allocated on population bases.
The bill also seeks changes in the Article-59 which deals with Senate. It reduces the number
of Senate members from 104 to 96. It omits the sub-clause (b) of the clause-1 of the Article-59
which gives 8 members to FATA thus FATA members will be deleted.
It also deleted the sub-clause (b) of the clause-3 of the same Article which states that 4 of
the Senators elected from FATA shall retire after three years and 4 four after next three years.
Under Amendment to Article 106 of the Constitution, new clauses (1 A) and 1 (B) are inserted
which deals with number of seats of FATA in the KP provincial assembly. Out of total 21 seats, 16
seats will be for general, four for women and one for non-Muslim. However, elections to the aforesaid
seats shall be held within one year after the General Election, 2018.
The Articles-246 which deals with tribal areas, the clause “C” which defines and names the
federally administered tribal areas is omitted. Furthermore, a new clause “d” is inserted which states
that the laws applicable in these areas, will remain applicable until repealed or changed by competent
authority.
Meanwhile, the bill also seeks to omit the Article 247 of the Constitution.
Opponents of the bill claimed it was denying the right of the people of FATA who should have right
to decide about their own fate.
They termed the amendment a disaster and warned that it would haunt the country in the days to
come.
Maulana Abdul Ghafoor Haidri while opposing the bill said that opinion of the people of FATA should
be sought before the passage of the bill.
Usman Khan Kakar termed it as black day and said his party was in favour to end FCR. “We want
identity of the people of FATA and reforms in the area”, he added.
He said that people of FATA are against the terrorism and rendered unmatched sacrifices in the
war against terrorism. He said hundred of elders of FATA had been killed by the terrorists.
Opposition leader in the Senate Sherry Rehman congratulated all the members on the passage
of bill and said time would prove it as a very good decision.
She said the bill would address the grievances of people of FATA to a great extent besides
removing the anomaly.
Mian Raza Rabbani said it was matter of satisfaction that a colonial system had been eliminated
from the country. He said this was not only the bill of merger but it had virtually eliminated the
differences, which were created between FATA and rest of the country.
He also appreciated the efforts of former lawmakers Farhatullah Babar and Afrasiab Khattak
for their contribution for the merger of FATA into KPK.
PTI Senator Azam Swati termed the passage of the bill as historic and said the merger will
bring happiness for the people of FATA.
Jamaat-e-Islami leader Sirajul Haq said lawful rights to the people of the Federally Administered
Tribal Areas (Fata) would be given after passage of this legislative proposal. He said that credit for
the merger of FATA into KPK goes to all the political parties.
He said that struggle was started by the Pakistan Peoples Party for the merger of in to KPK.