Unity through Legal Reform in former FATA 

Sineen Afridi 

Peshawar: The 25th Amendment to the Constitution of Pakistan marks a significant milestone in the country’s legal and administrative landscape, particularly concerning the former Federally Administered Tribal Areas (FATA). 

Historically governed by separate laws and regulations, the integration of FATA into mainstream Pakistan under this amendment aimed to bring about long-overdue reforms and empower the region’s inhabitants.

Before the 25th Amendment, the region existed under the Frontier Crimes Regulation (FCR), a colonial-era legal framework criticized for its lack of fundamental rights and due process. The region’s integration was a complex and sensitive process, requiring careful consideration of tribal customs, local governance structures, and socio-economic dynamics.

Key provisions of the 25th Amendment included the merger of FATA with the adjacent province of Khyber-Pakhtunkhwa (KP), thereby extending the jurisdiction of Pakistani laws and the provincial government into the former tribal areas. 

This integration aimed to provide FATA residents with the same legal rights, political representation, and access to services as other Pakistani citizens, fostering greater inclusivity and equality.

The reform also included the abolition of the FCR, replacing it with the regular judicial system of Pakistan. This change was pivotal in ensuring the protection of human rights and establishing a fair legal framework for the people of ex-FATA, aligning with modern democratic principles.

Moreover, the amendment mandated the establishment of a transitional period during which necessary administrative, political, and economic adjustments could be made to facilitate a smooth transition. This phase included measures to strengthen local governance structures, improve infrastructure, and enhance socio-economic development in the newly integrated regions.

Overall, the 25th Amendment represents a bold step towards national cohesion and equity within Pakistan, bridging historical divides and laying the foundation for a more unified and inclusive nation.

While challenges remain in fully realizing the benefits of integration, the amendment stands as a testament to Pakistan’s commitment to justice, democracy, and the empowerment of all its citizens.

As Pakistan moves forward, it is imperative to remember that the success of this integration depends not only on legislative changes but also on the continuous and dedicated efforts to uplift the socio-economic conditions of the newly integrated regions.

The 25th Amendment is not just a legal reform; it is a promise of a better future for the people of ex-FATA and a step toward a more just and equitable Pakistan.

The writer has done MSc in Peace and Conflict Studies.