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The Frontier Crimes Regulations (FCR) were a special set of laws of
British India The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...
, and which were applicable to the
Federally Administered Tribal Areas , conventional_long_name = Federally Administered Tribal Areas , nation = Pakistan , subdivision = Autonomous territory , image_flag = Flag of FATA.svg , image_coat = File:Coat of arms ...
(FATA). They were enacted by in the nineteenth century and remained in effect in Pakistan until 2018. They were extended to the
Gilgit Agency The Gilgit Agency ( ur, ) was an agency of the British Indian Empire consisting of the subsidiary states of the princely state of Jammu and Kashmir at its northern periphery, mainly with the objective of strengthening these territories against ...
in
Jammu and Kashmir Jammu and Kashmir may refer to: * Kashmir, the northernmost geographical region of the Indian subcontinent * Jammu and Kashmir (union territory), a region administered by India as a union territory * Jammu and Kashmir (state), a region administered ...
in 1901 and to
Baltistan Baltistan ( ur, ; bft, སྦལ་ཏི་སྟཱན, script=Tibt), also known as Baltiyul or Little Tibet ( bft, སྦལ་ཏི་ཡུལ་།, script=Tibt), is a mountainous region in the Pakistani-administered territory of Gil ...
in 1947, remaining in effect till the 1970s. The law stated that three basic rights are not applicable to the residents of FATA – ''
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
'', ''wakeel'' and ''daleel'' (the right to request a change to a
conviction In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is cons ...
in any court, the right to legal representation and the right to present reasoned evidence, respectively). Following the passing of the Twenty-Fifth Amendment to the Constitution of Pakistan by both Houses of Parliament and the
Provincial Assembly of Khyber Pakhtunkhwa The Provincial Assembly of Khyber Pakhtunkhwa is a unicameral legislature of elected representatives of the Pakistani province of Khyber Pakhtunkhwa, which is located in Peshawar, the provincial capital. It was established under Article 106 of ...
,
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Mamnoon Hussain Mamnoon Hussain ( ur, ; 22 December 1941 – 14 July 2021) was a Pakistani politician and industrialist who served as the 12th president of Pakistan from 2013 to 2018. He was first appointed Governor of Sindh in June 1999 by President Rafiq ...
abolished the FCR and replaced it with the
FATA Interim Governance Regulation, 2018 The FATA Interim Governance Regulation, 2018 was a law signed by the President of Pakistan on May 28, 2018, which replaces the Frontier Crimes Regulations (FCR) and outline how the Federally Administered Tribal Areas will be governed "within a ti ...
, which lays out the future for FATA being merged with
Khyber Pakhtunkhwa Khyber Pakhtunkhwa (; ps, خېبر پښتونخوا; Urdu, Hindko: خیبر پختونخوا) commonly abbreviated as KP or KPK, is one of the four provinces of Pakistan. Located in the northwestern region of the country, Khyber Pakhtunkhwa ...
and placed FATA under direct federal administration, removing its semi-autonomous status.


History

The
Murderous Outrages Regulation The Murderous Outrages Regulation (or Act) refers to several pieces of legislation in 19th century British India (which then included modern Pakistan) that gave the colonial government additional powers to prosecute serious crimes such as murder. ...
was enacted in
British India The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...
(which included modern-day
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
) in 1867 to give the colonial government additional powers to prosecute serious crimes such as murder. It was re-enacted in 1873 with minor modifications, and again in 1877 as the "Ghazi Act" for its use in the Pashtun-inhabited frontier districts. The 1893 unilateral demarcation of the
Durand Line The Durand Line ( ps, د ډیورنډ کرښه; ur, ), forms the Pakistan–Afghanistan border, a international land border between Pakistan and Afghanistan in South Asia. The western end runs to the border with Iran and the eastern end to th ...
by
Mortimer Durand Sir Henry Mortimer Durand, (14 February 1850 – 8 June 1924) was a British Anglo-Indian diplomat and member of the Indian Civil Service. Background Born at Sehore, Bhopal, India, he was the son of Sir Henry Marion Durand, the Resident of ...
as the border between
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is borde ...
and British India, which divided Pashtun tribes across the border, caused further animosity among the Pashtun. In 1901, the Frontier Crimes Regulations were enacted in British India. In 1947, the
Pakistani government The Government of Pakistan ( ur, , translit=hakúmat-e pákistán) abbreviated as GoP, is a federal government established by the Constitution of Pakistan as a constituted governing authority of the four provinces, two autonomous territories, ...
added the clause to the act that residents could be arrested without specifying the crime. The BBC notes that "political activists term the FCR a black law because the accused cannot get bail in such cases." The FCR permits
collective punishment Collective punishment is a punishment or sanction imposed on a group for acts allegedly perpetrated by a member of that group, which could be an ethnic or political group, or just the family, friends and neighbors of the perpetrator. Because ind ...
of family or tribe members for crimes of individuals. It permits punishment to be meted out by unelected tribal jirgas and denies the accused the right to trial by judiciary. Tribal chiefs can also be held responsible for handing over suspects charged by the federal government without specifying an offence. Failure to comply can make the tribal chiefs liable for punishment.
Human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
activists and the superior judiciary have argued that the regulation violates basic
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
. The regulation denies those convicted of an offence by a tribal jirga the right to appeal their conviction in any court. It gives the federal government the right to seize private property in FATA and to convict an individual without due process. It lets the government restrict the entry of a FATA tribe member into a settled district in the rest of Pakistan. The discriminatory provisions of the regulation, both substantive as well as procedural - e.g. selection of jirga members (section 2), trial procedure in civil/criminal matters (sections 8 & 11), demolition of and restriction of construction of hamlet, village or tower in the
North-West Frontier Province The North-West Frontier Province (NWFP; ps, شمال لویدیځ سرحدي ولایت, ) was a Chief Commissioner's Province of British India, established on 9 November 1901 from the north-western districts of the Punjab Province. Followi ...
(section 31), method of arrest/ detention (section 38 & 39) security for good behaviour (sections 40, 42), imposition/collection of fine (sections 22-27), etc. are in violation of the
Constitution of Pakistan The Constitution of Pakistan ( ur, ), also known as the 1973 Constitution, is the supreme law of Pakistan. Drafted by the government of Zulfikar Ali Bhutto, with additional assistance from the country's opposition parties, it was approved by ...
. The FCR denies tribal residents: the right to be dealt with in accordance with the law; the security of person; safeguards to arrest and detention; protection against double jeopardy or self- incrimination; the inviolability of the dignity of man; prohibition of torture for the purpose of extracting evidence; protection of property rights; and the equality of citizens. Other articles of the
Constitution of Pakistan The Constitution of Pakistan ( ur, ), also known as the 1973 Constitution, is the supreme law of Pakistan. Drafted by the government of Zulfikar Ali Bhutto, with additional assistance from the country's opposition parties, it was approved by ...
, such as Article 247, ensure that FATA residents cannot overturn the FCR.


Status in Pakistan

In August 2011, President Asif Ali Zardari enacted a presidential order to amend the FCR. Widely viewed as the most substantive changes in the 110-year history of the regulation, the reforms included new time limits on the amount of time local administration officials can wait before informing that they have taken someone prisoner. In addition, the 2011 amendments placed new restrictions on the collective responsibility clause in the regulation. Among others, changes included: * Protection of women, children below 16 and all people above 65 from collective responsibility arrest * Prohibition against arresting an entire tribe under collective responsibility * Time limits for disposing of cases * Provision for a more independent appeals process * Appellate authority power to review decisions * Strengthening of the FATA Tribunal * Power to transfer cases from political agent to assistant political agent * Concept of bail * Jail inspections * Voluntary reference to a council of elders and Qaumi Jirga (people's assembly) * Inclusion of local customs and traditions (Rewaj) * Fines on communities in case of murder * Forfeiture of public salary for involvement in crime * Arrest by authorities other than political agent * Checks on arbitrary power to arrest * Punishment and compensation for false prosecutions * No deprivation of property rights without compensation * Audit of political agent funds If implemented in true letter and spirit of the law, these changes could have had a significant impact on the civil and human rights of citizens in Pakistan's tribal areas. However, the changes have been widely criticized and the political administration accused of lacking the will to implement and enforce the FCR as revised in 2011. According to the FCR despite the presence of elected tribal representatives, the
Parliament of Pakistan The Parliament of Pakistan ( ur, , , "Pakistan Advisory Council" or "Pakistan Consultative Assembly") is the federal and supreme legislative body of Pakistan. It is a bicameral federal legislature that consists of the Senate as the upper ...
can play no role in the affairs of FATA. Article 247 of the Pakistani Constitution provides that no Act of Parliament applies to
FATA , conventional_long_name = Federally Administered Tribal Areas , nation = Pakistan , subdivision = Autonomous territory , image_flag = Flag of FATA.svg , image_coat = File:Coat of arms ...
, unless the
President of Pakistan The president of Pakistan ( ur, , translit=s̤adr-i Pākiṣṭān), officially the President of the Islamic Republic of Pakistan, is the ceremonial head of state of Pakistan and the commander-in-chief of the Pakistan Armed Forces.Chief Justice of the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, Justice
Alvin Robert Cornelius Alvin Robert Cornelius, HPk (8 May 1903 – 21 December 1991) was a Pakistani jurist, legal philosopher and judge, serving as the 4th Chief Justice of Pakistan from 1960 until 1968. In addition, he served as Law Minister in the cabinet of Yah ...
, said that the FCR is "obnoxious to all recognised modern principles governing the dispensation of justice" in the case of Sumunder vs State (PLD 1954 FC 228).) After taking a unanimous
vote of confidence A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or m ...
on 29 March 2008, then
Prime Minister of Pakistan The prime minister of Pakistan ( ur, , romanized: Wazīr ē Aʿẓam , ) is the head of government of the Islamic Republic of Pakistan. Executive authority is vested in the prime minister and his chosen cabinet, despite the president of Pak ...
,
Yousaf Raza Gilani Yusuf Raza Gilani (Urdu Urdu (;"Urdu"
'' Pakistan: New Government Announces Major Reforms In Tribal Areas
''
Radio Free Europe Radio Free Europe/Radio Liberty (RFE/RL) is a United States government funded organization that broadcasts and reports news, information, and analysis to countries in Eastern Europe, Central Asia, Caucasus, and the Middle East where it says tha ...
'', 3 April 2008


FATA merger with KP

The National Assembly of Pakistan on Thursday, 24 May 2018, passed a historical constitutional amendment seeking the much-awaited merger of the Federally Administered Tribal Areas (Fata) with Khyber Pakhtunkhwa (KP) with a 229-1 vote in favour. This negates the effect of FCR in FATA, rendering it liable to laws and regulations passed by the KP assembly and operating under the constitution of Pakistan, after an at most two years interim period during which the federal government will manage the transition.


See also

*
Faqir of Ipi Haji Mirzali Khan Wazir ( oru, حاجي میرزاعلي خان وزیر), commonly known as the Faqir of Ipi (), was a Ormur tribal chief and freedom fighter from North Waziristan in today's Khyber Pakhtunkhwa, Pakistan. After performing his '' ...
*
Murderous Outrages Regulation The Murderous Outrages Regulation (or Act) refers to several pieces of legislation in 19th century British India (which then included modern Pakistan) that gave the colonial government additional powers to prosecute serious crimes such as murder. ...
(1867, 1877, 1901) * Shoukat Aziz


References

{{Reflist History of Khyber Pakhtunkhwa Political history of Pakistan Human rights abuses in Pakistan Law of Pakistan Federally Administered Tribal Areas 1901 in law 1901 in British India Repealed Pakistani legislation Legislation in British India