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Civil Secretariat FATA




FATA Institutional Strengthening Project (FISP)
                               .
Report – Consultation meeting with FATA Parliamentarians on
                        FATA Local Government Regulation 2012



                                    Table of contents

S#        Topic                                                            Page #

     1.   FATA Local Government Regulation- An overview                    1

     2.   Opening remarks by Secretary SAFRON                              2

     3.   Presentation on FATA Local Government Reglations 2012            3

     4.   Discussion/comments by the FATA Parliamentarians                 3

     5.   Remarks by Spokesperson to the President                         4

     6.   Concluding remarks by Governor Khyber Pakhtunkhwa                5

     7.   Annexure I (Press clippings)                                     6

     8.   Annexure II (list of participants)                               7

     9.   Annexure III (Presentation by Mr.Rashid Ahmad)                   8
FATA Local Government Regulation 2012- An overview
Article 140 of the Constitution of Islamic Republic Pakistan directs for the constitution of
Local Governments comprising of elected representatives of the people. In accordance
with provision of the Constitution, Local Government law has been framed in all
Provinces and Islamabad Capital Territory since long, however it has never been
extended to FATA. Local Governments have worked in all provinces in particular
brackets of time but due to absence of law, FATA has never endeavoured on this
system. The present government has taken numerous initiatives for political
empowerment of the people in FATA. In this regard major initiatives are; meaningful and
far-reaching amendments in Frontier Crimes Regulation 1901, extension of Political
Parties Order 2002 to FATA, setting up a FATA Tribunal with appellate jurisdiction and
giving a proper structure and terms of reference to FATA Levies.
In continuation of its reforms agenda, the government has now decided to extend the
Local Government System to FATA in a phased manner. In phase-1, the Municipal
Committees represented by local populace in fourteen (14) urban hubs in seven
agencies of FATA will be made functional. That will enable the tribesmen to address
local problems and issues at the grass root level through their elected Municipal
Committees, empowering them with regard to their immediate needs and ensuring their
participation in decision making. Subsequent to that more urban areas may also be
included in the Local Government System.
Development of appropriate Systems is one of the key components of the FATA
Institutional Strengthening Project; thus, the FISP planned to support the FATA
Secretariat and extended necessary assistance in preparation of Legal Framework and
Model Financial Plan of the Local Government System in FATA. The draft regulation
was prepared in consultation with stakeholders in FATA Secretariat and shared with
FATA parliamentarians and media for comments. The consultative meeting with FATA
legislators was also supported by the FISP.
Once approved by the President of Pakistan, the regulation will be notified by the
Federal Government. The Governor would then extend the Regulation to urban hubs in
a phased manner to ensure proper preparation and homework is carried out
beforehand. Further support will also be required in drafting of procedures, rules, by
laws for efficient working of the Municipal Committees to provide strong footing for the
newly established Municipal Committees in FATA. FISP may continue to provide that
support as well.
Communication support to the FATA Secretariat was also extended by the FISP
communication team. A press release of the event was developed and shared with the
news media through FATA Information Directorate, which has been published widely by
leading national newspapers. (Press clippings attached as annexure-I)




                                                                                          1
Report – Consultation session with FATA Parliamentarians on
                                FATA Local Government Regulation 2012


    The   Ministry    of   State   and    Frontier    Regions
    (SAFRON), Government of Pakistan arranged a
    consultative session on the draft FATA Local
    Government        Regulation      2012     at         Khyber
    Pakhtunkhwa House, Islamabad on August 02, 2012.
    Barrister   Masud      Kausar,       Governor,        Khyber
    Pakhtunkhwa       chaired   the   consultative        session
    whereas the members of Senate and National
                                                     Assembly belonging to FATA,          representatives of
                                                     Ministry of Law and Parliamentary Affairs, Ministry
                                                     of     SAFRON,        Government    of   Pakistan    and
                                                     Additional Chief Secretary FATA as well as senior
                                                     officers   of   the    Governor’s   office   and    FATA
                                                     Secretariat also participated in the session. Senator
                                                     Farhatullah Babar, Spokesperson to the President
                                                     of Pakistan was also present on this occasion.
                                                     (Participants’ list attached as annexure-II)

Opening remarks by Secretary SAFRON
U




The Secretary SAFRON, Government of Pakistan Mr. Habibullah Khan briefed the participants
regarding the need of introducing the Local Government system in FATA. He said that presently
legal framework for introduction of Local Government
    system is non-existent in FATA and all matters are
    governed through an executive order. He added that
    though Local Governments do not exist anywhere in the
    country, however, constitutional requirement for such a set
    up is there and various provinces are either in the process
    or have already approved new Local Government laws. He
    explained the need for the introduction of Local Government system in FATA and said that
    through this system the common people will have the opportunity to participate in the
    government system. Under this system, local issues will be resolved at the local level whereas

                                                                                                            2
the major ones will be referred to the FATA legislators at national level. He clarified that an
process of consultations has been initiated on the draft law to bring all stakeholders including
Parliamentarians, political parties, CSOs, media, lawyers and the general citizens on board and
the draft would be amended suitably to cater to all suggestions down the line. He congratulated
all those who have worked on it. He added that this was also discussed during the June 13
consultative seminar on FATA political reforms held under the chairmanship of the Governor,
Khyber Pakhtunkhwa. During that session, the Governor had promised to share the draft with
the FATA parliamentarians and in was in the vein of that consultative process that the present
gathering was deliberating it In addition the document is loaded on the FATA website for
comments of all the stakeholders. Explaining salient features of the LG Regulation in FATA, he
said that the Municipal Committees would comprise of directly elected Members on general
seats and indirectly elected Members on reserve seats for women, minorities, peasants etc. The
powers of the Governor to suspend, dissolve a Committee or to give it directions could be
regulated through a Committee comprising Parliamentarians, Chairmen of Committees and
    officers of FATA.




Presentation on FATA LG Regulation by Mr. Rashid Ahmad
U




Following these introductory remarks, Mr. Rashid
Ahmad, the Short Term Technical Assistance hired by
the FATA Institutional Strengthening Project (FISP)
gave a presentation on the draft LG regulation. He
explained various clauses of the draft LG regulation
with details regarding the objectives and important
features of the regulation, Composition of the
Municipal Committees in FATA, the executive and
financial powers, major compulsory and optional functions, finances; budgeting, funds, taxation,
resources etc. (copy of presentation attached as annexure-III). At the end of the presentation,
he invited the participants to participate into an open discussion, point out any short comings in
    their opinion in the proposed draft, raise any questions and give suggestions for improvement of
    the draft.

Discussion/comments by FATA Parliamentarians
U




                                                                                                  3
Akhunzada Chittan MNA appreciated the efforts of the
                                   Governor Khyber Pakhtunkhwa and the PPP government at
                                   the federal level for initiatives on the empowerment of people
                                   in FATA. However, he expressed concerns regarding Sections
                                   13, 16 and 91of the draft LG regulations which empower the
                                   Governor to dissolve the elected Council and allocate funds to
                                   MCs.

The Secretary SAFRON, Mr. Habibullah Khan, clarified that these Articles are exceptions, rather
than the rule and would only come into the equation in case of a deadlock or impasse in the
working of the Council. The consultative process provides an opportunity to deliberate various
aspects of the new LG Regulation and suggest alternate measures in case there is any
observation by any legislator. FATA Secretariat is already working on having a Committee to
whom cases of alleged irregularities of MCs are referred to and the Committee then carries out
inquiry and submits its report to Governor. Any alternate mechanism could also be worked
upon.

Mr. Noorul Haq Qadri MNA said that all democratic
initiatives in FATA are well received by the inhabitants of
FATA, however the consultative process should be more
comprehensive and taken to the Agency level. He said that
Local Government system in FATA requires further
consultation and consensus. He suggested that the
proposed announcement of the regulation may be delayed
till the consultation process with all the groups is completed. He was of the view that elections of
the Chairman and Vice Chairman of the Council may be held directly.

Mr. Munir Orakzai, MNA asked a question about the geographical jurisdiction of the LG
Regulation and the ACS FATA informed that the 14 Urban Centers notified by the Fata
Secretariat under the Tribal Areas Rural to Urban Centres Conversion Initiative (TARUCCI)
shall be governed by the new regulations. Mr. Orakzai expressed his satisfaction with this
proposal and felt that there was no need to delay the announcement of extending Local
Government system in FATA.

Akhunzada Chittan MNA supported the remarks of Mr Munir Orakzai and said that the Local
Government is essential for the development and prosperity of FATA. The people of FATA have

                                                                                                  4
suffered a lot and the Local Governments are an ideal system to address their issues at the
grass root level.

Remarks by Senator Farhatullah Babar
U




Presidential      Spokesperson,      Mr.   Farhatullah   Babar,
congratulated FATA authorities, especially the Governor
KP, for making such a fine effort to introduce participatory
    governance and ownership of the state system in FATA.
    He however noted that the draft regulation was in nascent
    stage and further work was required for its fine tuning. Its
significance is however crucial with reference to the
Political Parties Order, a step in planting the seeds of true democracy in the Tribal Areas. Issues
may come up on funding of the Local Government; one possible option could be to allocate
some of the development funds for the O&M until the MC's become self-sufficient. The powers
of Governor to dissolve the Council needs to be reviewed and an appropriate modus operandi
may be suggested. He was also of the opinion that its announcement should not be postponed
beyond the proposed date of August 14th 2012.
                                            P   P




    Secretary SAFRON Mr. Habibullah Khan and Secretary to
    the Governor, Mr. Abid Majeed explained the homework
    done regarding the financing of the MCs until they are in a
    position to sustain themselves. The Secretary to Governor
    added that Section 1(3) of the draft provided that the
    Governor may by notification extend particular clauses to
    particular areas of FATA and therefore passage of the
    Regulation did not automatically make it applicable across
    FATA. The Governor would examine the enabling circumstances and fulfillment of requirements
    including delimitation of wards, provision of HR and infrastructure and other essentials before he
    extends the system to any of the urban hubs.

                                     Engineer Shaukatullah, Minister SAFRON, said that the Tribal
                                     People are inherently democratic and this endeavour will bring
                                     about much needed change in governance structure. He
                                     pointed out the need to ponder over the ramifications of this
                                     regulation for those areas not included in the notified urban

                                                                                                    5
centers. Mr. Sajid Turi gave full support to this initiative, its announcement and extension
throughout FATA. He stated that there was no need to wait for perfect environment for
undertaking reforms in FATA as in the past such waiting had proved counter productive.

Concluding remarks by Governor Khyber Pakhtunkhwa
U




Barrister Syed Masood Kausar thanked the FATA
Parliamentarians, Senator Babar, Secretary SAFRON,
rep of Law Division and other officers of FATA for
attending the meeting and giving meaningful inputs on
the draft LG regulation. He said that the present
government wanted to take this evolutionary process
    to its logical end. It was the PPP government which
    had introduced adult franchise in FATA previously and
    the present government had not only carried out meaningful amendments in Frontier Crimes
    Regulation after a century but also extended the Political Parties Order to FATA. He added that
    there are hardships; however, the President and he are committed to implement reforms in
FATA so that the common citizens’ participation in the governance system is ensured and they
are able to struggle for, and bring positive changes to, their socio-economic conditions and
general environment. The views and comments shared today by the Parliamentarians are
important and will go a long way in determining the final draft of LG Regulation. We will ensure
that the input of all stakeholders are included and continue the consultative process, he
concluded.




                                                                                                 6
Annexure-I
                                                 Press Clippings

Meeting proposes more consultation on Fata LG system
Saturday, August 04, 2012
PESHAWAR: A high-level meeting at the Fata Secretariat hailed the draft Local Government Regulation for the Federally Administered Tribal
Areas (Fata) but suggested more consultation with stakeholders to ensure that the system meets the civic needs of the tribal people.
Governor Masood Kausar presided over the review meeting attended by the Fata legislators, senior officers of the Law Division, Safron
Division and the Fata Secretariat. Spokesperson for the president Senator Farhatullah Babar was also present.
A presentation was given to the participants on the structure of future local government system in Fata.Fata Parliamentarians Munir Orakzai,
Maulana Noor ul Haq Qadri and Akhunzada Chittan praised the draft Local Government Regulation as that would give self-rule to the people.
However, they suggested that more deliberations were needed to improve the proposed system.
Senator Farhatullah Babar said the regulation could complement the Fata reforms process carried out by the government. He stressed the
need for taking all the Fata groups on board before submission of a final draft to the federal government for approval of the local government
system.
 The governor thanked the Fata legislators for attending the consultative meeting and called for evolving consensus among all the stakeholders
over smooth execution of the Fata local government system.




August 5, 2012
Kausar hails draft of LG Regulations for Fata Suggests more consultation with stakeholders
PESHAWAR: A high-level meeting at the Fata Secretariat hailed the draft Local Government Regulation for the Federally Administered Tribal
Areas (Fata) but suggested more consultation with stakeholders to ensure that the system meets the civic needs of the tribal people.
Governor Masood Kausar presided over the review meeting attended by the Fata legislators, senior officers of the Law Division, Safron
Division and the Fata Secretariat. Spokesperson for the president Senator Farhatullah Babar was also present.
A presentation was given to the participants on the structure of future local government system in Fata. Fata Parliamentarians Munir Orakzai,
Maulana Noor ul Haq Qadri and Akhunzada Chittan praised the draft Local Government Regulation as that would give self-rule to the people.
However, they suggested that more deliberations were needed to improve the proposed system.
Senator Farhatullah Babar said the regulation could complement the Fata reforms process carried out by the government.
He stressed the need for taking all the Fata groups on board before submission of a final draft to the federal government for approval of the
local government system.
The governor thanked the Fata legislators for attending the consultative meeting and called for evolving consensus among all the stakeholders
over smooth execution of the Fata local government system.




August 5, 2012
Governor goes over LG regulations
PESHAWAR: Governor Khyber Pakhtunkhwa Barrister Masud Kausar presided a review meeting graced by all the FATA legislators, senior
officers of Law Division, SAFRON Division and the FATA Secretariat.
Spokesperson to the President of Pakistan Senator Farhatullah Babar was also present at the moment.
A detailed presentation was given to the participants of the meeting regarding the future structure of Local Government system in FATA.
Speaking on the occasion FATA Parliamentarians Munir Orakzai, Maulana Noor ul Haq Qadri and Akhunzada Chittan valued the fast track
endeavors of the FATA Secretariat for bringing the tribal areas at par with the rest of the country.
They hailed Local Government Regulation Draft as another triumph, which would give realization to the people of FATA through its basic
principle of self-rule.
However, they suggested that more consultation with different FATA stakeholders be carried out so that it could rightly be commissioned to
meet the civic needs of the tribal populace.
Endorsing their perspective Senator Farhatullah Babar praised the energies that had been pooled to design a broad and all inclusive FATA
Local Government framework. He emphasized over the complementary role this regulation could play in FATA Reforms Process carried out by
the government. He stressed the need for taking all the FATA groups on board before the submission of final draft to the Federal Government
for approval.
Barrister Masud Kausar thanked the FATA legislators for attending the consultative meeting and expressed his desire for the development of
consensus among all the stakeholders for smooth execution of the local government system in FATA.
He referred to the popularity of local government system all over the world and stressed the need for participatory approaches in decision
making. He expressed his conviction that this regulation would bring progress and prosperity to FATA also. "There might be hardships faced in
the implementation of this system in FATA, we are committed to take this process to its logical end", he concluded.



                                                                                                                                            7
Annexure-II

                 Consultative meeting with FATA parliamentarians on
           FATA LG Regulation 2012 at Khyber Pakhtunkhwa House, Islamabad
                                 on August 02, 2012

                                    List of Participants
S#         Name                         Designation
     1.    Barrister Syed Masood        Hon’ble Governor Khyber Pakhtunkhwa
           Kausar
     2.    Engineer Shaukatullah        Minister SAFRON, Islamabad
     3.    Senator Farhatullah Babar    Spokesperson to the President of Pakistan
     4.    Mr. Munir Orakzai            MNA
     5.    Mr. Noorul Haq Qadri         MNA
     6.    Sajid Hussain Turi           MNA
     7.    Akhunzada Chittan            MNA
     8.    Mr. Bilal Rahman             MNA
     9.    Najmul Hassan                Senator
     10.   Mr. Hidayatullah             Senator
     11.   Mr. Habibullah Khan          Secretary SAFRON Division, Islamabad
     12.   Dr. Tasfeen Khan             Additional Chief Secretary, FATA
     13.   Mr. Abid Majeed              Secretary to Governor, Khyber Pakhtunkhwa
     14.   Capt ® Munir Azam            Secretary Admin & Coord; FATA Secretariat
     15.   Mr. Shakeel Qadir Khan       Secretary P&D, FATA Secretariat
     16.   Mr. Zahoor                   Director LG FATA
     17.   Mr. Zia ur Rahman            Section Officer, SAFRON, Islamabad
     18.   Mr. Zahid Siddiq             Deputy Secretary, SAFRON , Islamabad
     19.   Mr. Omar Khan                Project Director (TARUCCI), FATA Secretariat
     20.   Mr. Tasfeen Haider           Deputy Secretary Admin, FATA Secretariat
     21.   Mr. Zia ur Rahman            WSL Communication, FATA Institutional
                                        Strengthening Project (FISP)




                                                                                             8
Annexure-III

PRESENTATION - FATA LOCAL GOVERNMENT REGULATION 2012 (DRAFT)




                                                               9

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FATA Parliamentarians Consultation on Draft Local Government Regulation (August 2012)

  • 1. Civil Secretariat FATA FATA Institutional Strengthening Project (FISP) .
  • 2. Report – Consultation meeting with FATA Parliamentarians on FATA Local Government Regulation 2012 Table of contents S# Topic Page # 1. FATA Local Government Regulation- An overview 1 2. Opening remarks by Secretary SAFRON 2 3. Presentation on FATA Local Government Reglations 2012 3 4. Discussion/comments by the FATA Parliamentarians 3 5. Remarks by Spokesperson to the President 4 6. Concluding remarks by Governor Khyber Pakhtunkhwa 5 7. Annexure I (Press clippings) 6 8. Annexure II (list of participants) 7 9. Annexure III (Presentation by Mr.Rashid Ahmad) 8
  • 3. FATA Local Government Regulation 2012- An overview Article 140 of the Constitution of Islamic Republic Pakistan directs for the constitution of Local Governments comprising of elected representatives of the people. In accordance with provision of the Constitution, Local Government law has been framed in all Provinces and Islamabad Capital Territory since long, however it has never been extended to FATA. Local Governments have worked in all provinces in particular brackets of time but due to absence of law, FATA has never endeavoured on this system. The present government has taken numerous initiatives for political empowerment of the people in FATA. In this regard major initiatives are; meaningful and far-reaching amendments in Frontier Crimes Regulation 1901, extension of Political Parties Order 2002 to FATA, setting up a FATA Tribunal with appellate jurisdiction and giving a proper structure and terms of reference to FATA Levies. In continuation of its reforms agenda, the government has now decided to extend the Local Government System to FATA in a phased manner. In phase-1, the Municipal Committees represented by local populace in fourteen (14) urban hubs in seven agencies of FATA will be made functional. That will enable the tribesmen to address local problems and issues at the grass root level through their elected Municipal Committees, empowering them with regard to their immediate needs and ensuring their participation in decision making. Subsequent to that more urban areas may also be included in the Local Government System. Development of appropriate Systems is one of the key components of the FATA Institutional Strengthening Project; thus, the FISP planned to support the FATA Secretariat and extended necessary assistance in preparation of Legal Framework and Model Financial Plan of the Local Government System in FATA. The draft regulation was prepared in consultation with stakeholders in FATA Secretariat and shared with FATA parliamentarians and media for comments. The consultative meeting with FATA legislators was also supported by the FISP. Once approved by the President of Pakistan, the regulation will be notified by the Federal Government. The Governor would then extend the Regulation to urban hubs in a phased manner to ensure proper preparation and homework is carried out beforehand. Further support will also be required in drafting of procedures, rules, by laws for efficient working of the Municipal Committees to provide strong footing for the newly established Municipal Committees in FATA. FISP may continue to provide that support as well. Communication support to the FATA Secretariat was also extended by the FISP communication team. A press release of the event was developed and shared with the news media through FATA Information Directorate, which has been published widely by leading national newspapers. (Press clippings attached as annexure-I) 1
  • 4. Report – Consultation session with FATA Parliamentarians on FATA Local Government Regulation 2012 The Ministry of State and Frontier Regions (SAFRON), Government of Pakistan arranged a consultative session on the draft FATA Local Government Regulation 2012 at Khyber Pakhtunkhwa House, Islamabad on August 02, 2012. Barrister Masud Kausar, Governor, Khyber Pakhtunkhwa chaired the consultative session whereas the members of Senate and National Assembly belonging to FATA, representatives of Ministry of Law and Parliamentary Affairs, Ministry of SAFRON, Government of Pakistan and Additional Chief Secretary FATA as well as senior officers of the Governor’s office and FATA Secretariat also participated in the session. Senator Farhatullah Babar, Spokesperson to the President of Pakistan was also present on this occasion. (Participants’ list attached as annexure-II) Opening remarks by Secretary SAFRON U The Secretary SAFRON, Government of Pakistan Mr. Habibullah Khan briefed the participants regarding the need of introducing the Local Government system in FATA. He said that presently legal framework for introduction of Local Government system is non-existent in FATA and all matters are governed through an executive order. He added that though Local Governments do not exist anywhere in the country, however, constitutional requirement for such a set up is there and various provinces are either in the process or have already approved new Local Government laws. He explained the need for the introduction of Local Government system in FATA and said that through this system the common people will have the opportunity to participate in the government system. Under this system, local issues will be resolved at the local level whereas 2
  • 5. the major ones will be referred to the FATA legislators at national level. He clarified that an process of consultations has been initiated on the draft law to bring all stakeholders including Parliamentarians, political parties, CSOs, media, lawyers and the general citizens on board and the draft would be amended suitably to cater to all suggestions down the line. He congratulated all those who have worked on it. He added that this was also discussed during the June 13 consultative seminar on FATA political reforms held under the chairmanship of the Governor, Khyber Pakhtunkhwa. During that session, the Governor had promised to share the draft with the FATA parliamentarians and in was in the vein of that consultative process that the present gathering was deliberating it In addition the document is loaded on the FATA website for comments of all the stakeholders. Explaining salient features of the LG Regulation in FATA, he said that the Municipal Committees would comprise of directly elected Members on general seats and indirectly elected Members on reserve seats for women, minorities, peasants etc. The powers of the Governor to suspend, dissolve a Committee or to give it directions could be regulated through a Committee comprising Parliamentarians, Chairmen of Committees and officers of FATA. Presentation on FATA LG Regulation by Mr. Rashid Ahmad U Following these introductory remarks, Mr. Rashid Ahmad, the Short Term Technical Assistance hired by the FATA Institutional Strengthening Project (FISP) gave a presentation on the draft LG regulation. He explained various clauses of the draft LG regulation with details regarding the objectives and important features of the regulation, Composition of the Municipal Committees in FATA, the executive and financial powers, major compulsory and optional functions, finances; budgeting, funds, taxation, resources etc. (copy of presentation attached as annexure-III). At the end of the presentation, he invited the participants to participate into an open discussion, point out any short comings in their opinion in the proposed draft, raise any questions and give suggestions for improvement of the draft. Discussion/comments by FATA Parliamentarians U 3
  • 6. Akhunzada Chittan MNA appreciated the efforts of the Governor Khyber Pakhtunkhwa and the PPP government at the federal level for initiatives on the empowerment of people in FATA. However, he expressed concerns regarding Sections 13, 16 and 91of the draft LG regulations which empower the Governor to dissolve the elected Council and allocate funds to MCs. The Secretary SAFRON, Mr. Habibullah Khan, clarified that these Articles are exceptions, rather than the rule and would only come into the equation in case of a deadlock or impasse in the working of the Council. The consultative process provides an opportunity to deliberate various aspects of the new LG Regulation and suggest alternate measures in case there is any observation by any legislator. FATA Secretariat is already working on having a Committee to whom cases of alleged irregularities of MCs are referred to and the Committee then carries out inquiry and submits its report to Governor. Any alternate mechanism could also be worked upon. Mr. Noorul Haq Qadri MNA said that all democratic initiatives in FATA are well received by the inhabitants of FATA, however the consultative process should be more comprehensive and taken to the Agency level. He said that Local Government system in FATA requires further consultation and consensus. He suggested that the proposed announcement of the regulation may be delayed till the consultation process with all the groups is completed. He was of the view that elections of the Chairman and Vice Chairman of the Council may be held directly. Mr. Munir Orakzai, MNA asked a question about the geographical jurisdiction of the LG Regulation and the ACS FATA informed that the 14 Urban Centers notified by the Fata Secretariat under the Tribal Areas Rural to Urban Centres Conversion Initiative (TARUCCI) shall be governed by the new regulations. Mr. Orakzai expressed his satisfaction with this proposal and felt that there was no need to delay the announcement of extending Local Government system in FATA. Akhunzada Chittan MNA supported the remarks of Mr Munir Orakzai and said that the Local Government is essential for the development and prosperity of FATA. The people of FATA have 4
  • 7. suffered a lot and the Local Governments are an ideal system to address their issues at the grass root level. Remarks by Senator Farhatullah Babar U Presidential Spokesperson, Mr. Farhatullah Babar, congratulated FATA authorities, especially the Governor KP, for making such a fine effort to introduce participatory governance and ownership of the state system in FATA. He however noted that the draft regulation was in nascent stage and further work was required for its fine tuning. Its significance is however crucial with reference to the Political Parties Order, a step in planting the seeds of true democracy in the Tribal Areas. Issues may come up on funding of the Local Government; one possible option could be to allocate some of the development funds for the O&M until the MC's become self-sufficient. The powers of Governor to dissolve the Council needs to be reviewed and an appropriate modus operandi may be suggested. He was also of the opinion that its announcement should not be postponed beyond the proposed date of August 14th 2012. P P Secretary SAFRON Mr. Habibullah Khan and Secretary to the Governor, Mr. Abid Majeed explained the homework done regarding the financing of the MCs until they are in a position to sustain themselves. The Secretary to Governor added that Section 1(3) of the draft provided that the Governor may by notification extend particular clauses to particular areas of FATA and therefore passage of the Regulation did not automatically make it applicable across FATA. The Governor would examine the enabling circumstances and fulfillment of requirements including delimitation of wards, provision of HR and infrastructure and other essentials before he extends the system to any of the urban hubs. Engineer Shaukatullah, Minister SAFRON, said that the Tribal People are inherently democratic and this endeavour will bring about much needed change in governance structure. He pointed out the need to ponder over the ramifications of this regulation for those areas not included in the notified urban 5
  • 8. centers. Mr. Sajid Turi gave full support to this initiative, its announcement and extension throughout FATA. He stated that there was no need to wait for perfect environment for undertaking reforms in FATA as in the past such waiting had proved counter productive. Concluding remarks by Governor Khyber Pakhtunkhwa U Barrister Syed Masood Kausar thanked the FATA Parliamentarians, Senator Babar, Secretary SAFRON, rep of Law Division and other officers of FATA for attending the meeting and giving meaningful inputs on the draft LG regulation. He said that the present government wanted to take this evolutionary process to its logical end. It was the PPP government which had introduced adult franchise in FATA previously and the present government had not only carried out meaningful amendments in Frontier Crimes Regulation after a century but also extended the Political Parties Order to FATA. He added that there are hardships; however, the President and he are committed to implement reforms in FATA so that the common citizens’ participation in the governance system is ensured and they are able to struggle for, and bring positive changes to, their socio-economic conditions and general environment. The views and comments shared today by the Parliamentarians are important and will go a long way in determining the final draft of LG Regulation. We will ensure that the input of all stakeholders are included and continue the consultative process, he concluded. 6
  • 9. Annexure-I Press Clippings Meeting proposes more consultation on Fata LG system Saturday, August 04, 2012 PESHAWAR: A high-level meeting at the Fata Secretariat hailed the draft Local Government Regulation for the Federally Administered Tribal Areas (Fata) but suggested more consultation with stakeholders to ensure that the system meets the civic needs of the tribal people. Governor Masood Kausar presided over the review meeting attended by the Fata legislators, senior officers of the Law Division, Safron Division and the Fata Secretariat. Spokesperson for the president Senator Farhatullah Babar was also present. A presentation was given to the participants on the structure of future local government system in Fata.Fata Parliamentarians Munir Orakzai, Maulana Noor ul Haq Qadri and Akhunzada Chittan praised the draft Local Government Regulation as that would give self-rule to the people. However, they suggested that more deliberations were needed to improve the proposed system. Senator Farhatullah Babar said the regulation could complement the Fata reforms process carried out by the government. He stressed the need for taking all the Fata groups on board before submission of a final draft to the federal government for approval of the local government system. The governor thanked the Fata legislators for attending the consultative meeting and called for evolving consensus among all the stakeholders over smooth execution of the Fata local government system. August 5, 2012 Kausar hails draft of LG Regulations for Fata Suggests more consultation with stakeholders PESHAWAR: A high-level meeting at the Fata Secretariat hailed the draft Local Government Regulation for the Federally Administered Tribal Areas (Fata) but suggested more consultation with stakeholders to ensure that the system meets the civic needs of the tribal people. Governor Masood Kausar presided over the review meeting attended by the Fata legislators, senior officers of the Law Division, Safron Division and the Fata Secretariat. Spokesperson for the president Senator Farhatullah Babar was also present. A presentation was given to the participants on the structure of future local government system in Fata. Fata Parliamentarians Munir Orakzai, Maulana Noor ul Haq Qadri and Akhunzada Chittan praised the draft Local Government Regulation as that would give self-rule to the people. However, they suggested that more deliberations were needed to improve the proposed system. Senator Farhatullah Babar said the regulation could complement the Fata reforms process carried out by the government. He stressed the need for taking all the Fata groups on board before submission of a final draft to the federal government for approval of the local government system. The governor thanked the Fata legislators for attending the consultative meeting and called for evolving consensus among all the stakeholders over smooth execution of the Fata local government system. August 5, 2012 Governor goes over LG regulations PESHAWAR: Governor Khyber Pakhtunkhwa Barrister Masud Kausar presided a review meeting graced by all the FATA legislators, senior officers of Law Division, SAFRON Division and the FATA Secretariat. Spokesperson to the President of Pakistan Senator Farhatullah Babar was also present at the moment. A detailed presentation was given to the participants of the meeting regarding the future structure of Local Government system in FATA. Speaking on the occasion FATA Parliamentarians Munir Orakzai, Maulana Noor ul Haq Qadri and Akhunzada Chittan valued the fast track endeavors of the FATA Secretariat for bringing the tribal areas at par with the rest of the country. They hailed Local Government Regulation Draft as another triumph, which would give realization to the people of FATA through its basic principle of self-rule. However, they suggested that more consultation with different FATA stakeholders be carried out so that it could rightly be commissioned to meet the civic needs of the tribal populace. Endorsing their perspective Senator Farhatullah Babar praised the energies that had been pooled to design a broad and all inclusive FATA Local Government framework. He emphasized over the complementary role this regulation could play in FATA Reforms Process carried out by the government. He stressed the need for taking all the FATA groups on board before the submission of final draft to the Federal Government for approval. Barrister Masud Kausar thanked the FATA legislators for attending the consultative meeting and expressed his desire for the development of consensus among all the stakeholders for smooth execution of the local government system in FATA. He referred to the popularity of local government system all over the world and stressed the need for participatory approaches in decision making. He expressed his conviction that this regulation would bring progress and prosperity to FATA also. "There might be hardships faced in the implementation of this system in FATA, we are committed to take this process to its logical end", he concluded. 7
  • 10. Annexure-II Consultative meeting with FATA parliamentarians on FATA LG Regulation 2012 at Khyber Pakhtunkhwa House, Islamabad on August 02, 2012 List of Participants S# Name Designation 1. Barrister Syed Masood Hon’ble Governor Khyber Pakhtunkhwa Kausar 2. Engineer Shaukatullah Minister SAFRON, Islamabad 3. Senator Farhatullah Babar Spokesperson to the President of Pakistan 4. Mr. Munir Orakzai MNA 5. Mr. Noorul Haq Qadri MNA 6. Sajid Hussain Turi MNA 7. Akhunzada Chittan MNA 8. Mr. Bilal Rahman MNA 9. Najmul Hassan Senator 10. Mr. Hidayatullah Senator 11. Mr. Habibullah Khan Secretary SAFRON Division, Islamabad 12. Dr. Tasfeen Khan Additional Chief Secretary, FATA 13. Mr. Abid Majeed Secretary to Governor, Khyber Pakhtunkhwa 14. Capt ® Munir Azam Secretary Admin & Coord; FATA Secretariat 15. Mr. Shakeel Qadir Khan Secretary P&D, FATA Secretariat 16. Mr. Zahoor Director LG FATA 17. Mr. Zia ur Rahman Section Officer, SAFRON, Islamabad 18. Mr. Zahid Siddiq Deputy Secretary, SAFRON , Islamabad 19. Mr. Omar Khan Project Director (TARUCCI), FATA Secretariat 20. Mr. Tasfeen Haider Deputy Secretary Admin, FATA Secretariat 21. Mr. Zia ur Rahman WSL Communication, FATA Institutional Strengthening Project (FISP) 8
  • 11. Annexure-III PRESENTATION - FATA LOCAL GOVERNMENT REGULATION 2012 (DRAFT) 9