THE federal government’s proposal to revive the jirga system in the newly merged districts is being seen as a prelude to the restoration of the former tribal agencies’ semi-autonomous status. There may not be any specific plan on the table yet to revert to the old order, but the prime minister’s decision to form a committee headed by the Federal Minister for Kashmir Affairs and Gilgit-Baltistan to look into the matter has raised serious concerns.
A recent meeting of the committee members, comprising mostly federal government officials, stressed the need to revive the jirga system in the districts. According to media reports, ways were discussed to promote an effective alternative justice system in the former tribal districts. The jirga system, a traditional form of conflict resolution, was abolished after the merger of the seven tribal agencies in 2018 through the 25th Constitutional Amendment.
One fails to understand the objective behind such a regressive, unconstitutional move that will not only weaken the unity of the federation but also have serious implications for our national security. The KP government has rejected the committee’s formation, referring to it as federal interference in provincial matters, thus intensifying the stand-off between Islamabad and Peshawar.
Fata’s merger with KP in 2018 in the wake of rising militancy was viewed as a significant step towards bringing the lawless semi-autonomous regions into the mainstream and providing better governance and development to its population. But seven years on, the promise has not been fulfilled. The transition has faced numerous challenges mainly because of limited financial resources for the development of infrastructure in the merged districts and improvement in the lives of the people.
There’s something ominous about the centre’s efforts to revive the jirga system in former Fata.
Over the past seven years, the federal government has neither provided the promised development funds of Rs100 billion annually to the merged districts nor its three per cent share in the National Finance Commission award. The situation has worsened with the ongoing confrontation between the federal government and the PTI-led provincial administration. The resurgence of militancy in the region has also caused the complete collapse of governance in the merged districts.
Instead of addressing these challenges, it seems that the federal government is trying to revert to the old colonial structure, which was the main factor contributing to the backwardness of the former federally administered tribal areas called Fata.
The latter was governed by the controversial Frontier Crimes Regulation and political agents. Disputes were settled by local jirgas comprising tribal elders and maliks appointed by the federal government. The courts had no jurisdiction in the area, which was directly controlled by the centre. The provisions of the Constitution and the laws did not apply there.
For decades since independence, because of political and geostrategic reasons, there was no effort to bring the region into the mainstream. Fata’s semi- autonomous status provided the state plausible deniability when the region was turned into a centre for training and then launching militants from within the country and outside into Afghanistan to fight against the Soviet forces.
But this situation also resulted in Fata becoming a hub of militancy that threatened Pakistan’s own security. It also led to the complete collapse of state control over the strategically located region. The vacuum was filled by terrorist groups — such as the TTP — which took control of the area. While successive military operations largely cleared the area of militants, they also caused a huge humanitarian crisis as hundreds of thousands of residents were forced to leave their homes and businesses to escape the fighting.
Most of them might have returned to their devastated land, but many migrated to other areas in search of livelihood. One reason for integrating the tribal areas into the mainstream was to establish the writ of the state there and carry out development works in the conflict-devastated territory. But seven years on, the plight of the people in the districts has not improved. The administrative and justice system remain broken mainly because of lack of financial resources. This has added to the public’s discontent.
Most worrisome is the return of militancy in the merged districts with the weakening of the administration and justice system. The military is in the region fighting the insurgents. But the problem is that there is no realisation in Islamabad and Pindi that kinetic operations alone cannot bring peace and stability to the troubled areas. What is needed is the acceleration of the reform programme rather than reverting to the obsolete jirga system. There is an urgent need to strengthen the civil law-enforcement services and accelerate development work.
There was a broader consensus among the political parties, except for a few, on mainstreaming the former tribal territories. But this rethinking in the ruling party on reform is quite intriguing. Some reports suggest that there is move to bring back former Fata under federal rule thus allowing Islamabad to retake control of the mineral mines there.
In fact, the KP Assembly did not pass the mines and mineral legislation that would have given the federal government some control over the mines. The former tribal areas have huge deposits of rare earth and other minerals which has drawn the interest of the Trump administration.
There certainly is something sinister about the federal government rethinking ex-Fata’s reforms and the revival of the jirga system there. By denying the region its democratic and civil rights, the state is further alienating the tribesmen. It will be disastrous if the security pretext is used.
Some unconfirmed reports suggest that one reason behind the apparent move to backtrack on reforms are the security establishment’s concerns over the rising arc of insurgency in the region. But restoring the old order will only worsen matters. Any such move will strengthen the militants, further threatening our security. The state must respect the sentiments of the people who want to be fully part of the country.
The writer is an author and journalist.
Published in Dawn, July 9th, 2025
