The debate about supremacy of the constitution and the parliament is once again in the limelight, thanks to the recent protests going on in Islamabad. We saw the duo of Inqilab and Azadi marches giving tough time to the law enforcement agencies, whose job is to ensure security of the sensitive state installations, and then turning violent. The mob not only reached to the gates of the Prime Minister House and Parliament but also suspended transmission of the state television for a short time. Amid the chaotic protests and the clouded political atmosphere around the Constitutional Avenue, the Parliament held some of the most active sessions in its history. The people outside demanded the Prime Minister to resign while inside the house, parliamentarians praised democracy and the constitution and assured the PM that the house stands with him.
The buzzwords and jargons of the never ending debates during these political developments in Islamabad mean nothing to me. The questions regarding democracy, supremacy of the Parliament, upholding the constitution on one hand, and bringing about change, electoral reforms, and re- elections on the other hand, do not concern me. People are worried about the possibility of a military coup. But frankly speaking, it again means nothing to me. None of the above could attract me.
But hold on. Do not get me wrong. I am a liberal person who believes in democracy and constitutionalism. I stand with democracy, parliament and the constitution. My reasons for dissociating myself from these protests are different.
I hail from FATA. The present political crisis means nothing to me and to the millions of people living in FATA. No matter what the outcomes may be for the rest of Pakistan, but the current crisis holds nothing for the most repressed region of the country.
To live in the so-called tribal areas of Pakistan is to live under a constitutionally sanctioned dictatorship. The Constitution of 1973 is a facetious kind of document when it comes to FATA. The tribal areas are considered to be a part of Pakistan under Article 1, while Articles 51 and 59 provide for a mandate of 20 seats in both houses of the parliament. But Article 247 of the same document takes away everything and leaves millions of people of the tribal areas at the mercy of one person – the President of Pakistan. In spite of hosting 20 members, the parliament of Pakistan cannot legislate for FATA. The President rules FATA as he pleases. What is the point of having a member of the parliament who cannot legislate for us? And by the virtue of this fact, FATA is run by the Frontier Crimes Regulation (FCR) – a black law imposed by the British in 1901. It was slightly amended in 2011 by President Zardari which brought some cosmetic changes with no substantial alteration.
The constitution lists fundamental rights and gives superior judiciary the job of ensuring the protection of these rights but thanks again to Article 247 (7), neither the Supreme Court nor a high court have any jurisdiction in FATA.
Unlike the rest of Pakistan, FATA is ruled by men and not by law. The President is the judiciary, the legislature and the executive – all in one – for FATA. The President then rules through Governor KPK and a Political Agent in each tribal agency.
In Islamabad, some might be looking forward to a Naya Pakistan and others may continue to praise the parliamentary setup and the constitution, but neither of them has got anything for us – the tribal people. All I got to say is;
All you tribal people! Hail to the President.
It is only he who matters.
One Response
Malik sb we are hoping for few more. Best of luck…