Conflict, Governance and Prospects for Peace in Pre-Merger Federally Administered Tribal Areas (FATA) of Pakistan

Abstract

The Federally Administered Tribal Areas (FATA) of Pakistan have been witnessing violent conflicts since the British colonial era. The recent cycle of violence emerged as a consequence of militant infiltration into tribal areas. The lack of governance allowed the Taliban to establish their network and carry out attacks inside Pakistan, and across the border in Afghanistan. Pakistan security forces conducted counter-militancy operations to root out the Taliban network and establish the writ of the state. Although this military campaign was carried out establish peace, it also resulted in the displacement of millions of people from their homes, and the collapse of sources of livelihood and physical infrastructures. While the recent form of conflict dominated the contemporary socio-political landscape of the region, long before this the Frontier Crimes Regulation (FCR), a British colonial legal instrument used as a governance and regulatory mechanism, overshadowed the socio-political arena and was a source of contention amongst the local populace. It was considered draconic and a source of socio-political estrangement before its abolishment in May 2018. Against this backdrop, this research examines the correlation between FCR governance and conflict in former FATA, and analytically explores the nexus of the FCR and conflict in pre-merger FATA. It theorizes FCR through the theoretical perspective of governance, especially the regulatory theory of governance in the postcolonial context. Additionally, the relationship between FCR and conflict is also decoded through atheoretical model constructed as part of the research. Methodologically, the research is guided by a mixed method approach of qualitative and quantitative data gathering. While elaborating the various components of FCR governance, the study found it as a major factor contributing to conflict in the tribal areas, long before the menace of the Taliban. The study found that FCR was a centralized and exclusive system of governance that accumulated executive, judicial, and administrative powers in one hand. It denied human rights and public participation and established political repression and exclusion. There was no mechanism in FCR to monitor the executive who was emboldened and empowered by financial liberty over the budget allotted for these areas. Lack of financial accountability offered wide chances of corruption and embezzlement of developmental funds under FCR. The colonial judicial structure could not meet the standards of justice, and the weak security structure failed to maintain order. Socio-economic insecurities embedded in the FCR stagnated progress of the region and problems like poverty, illiteracy and frustration Mushroomed in the most volatile region of the country. Consequently, all the above-mentioned factors made the region a breeding ground for terrorism. The study contributed to the existing epistemic discourse on the subject, in the form of theoretical model. The study further shed light on the merger process of former FATA into Khyber Pakhtunkhwa province. It also described initial phase of the post-merger transitional period. It additionally explained the progress of, and challenges to the new transitional governance.