If they Can Amend the FCR As: • The jurisdiction of the Supreme Court, Parliament and High Courts should be extended to FATA by amending Article 247 of the Constitution. Lower courts should be established in FATA, i.e. Session Courts, District Courts, as per the law of Pakistan. • Either FATA should have its own Chief Minister or the CM KP may have authority to exercise power over the region. The role of Governor must be reduced as in the four provinces of Pakistan. The prime minister of Pakistan should have authority to execute business in FATA. • The FCR should be repealed and FATA should be governed under the Constitution of Pakistan and international norms of justice, including safeguards for fundamental human rights, such as freedom of expression and association, rule of law, access to justice, and sanctity of life and property, etc. for residents of FATA. • The laws of Pakistan should be made applicable to the whole of FATA, in their entirety, including the JJSO and the judiciary should be separate from the administration. • Though in a number of cases, the Supreme Court and High Courts have exercised jurisdictional powers in FATA and have demanded that the FCR be repealed, the High Courts and Supreme Court of Pakistan should be extended to the tribal areas. Each of the seven agencies should have their own courts, like district courts in settled areas of Pakistan, which serve as the court of first instance for the settlement of disputes on the basis of civil law and criminal law. • A special FATA Bench of the Peshawar High Court should be constituted to hear appeals of the people. Questions of law and interpretation of the Constitution would be dealt with by the Supreme Court of Pakistan. • In each agency of FATA, at least one parole officer and one probation officer should be appointed for legal cases pertaining to children. • An educated and trained police force should be established in FATA, who would be equipped to deal with both victims and offenders in keeping with basic norms of human rights. • Either FATA may have its own Assembly or the region should be provided seats in the provincial Assembly of KP province as well as have representation in the NA and Senate. • Employment generation schemes must be introduced so that the population, most especially local youth, may not become prey to obscurantist forces. • Extensive investment should be made in education, health, and transport in order to stabilize the economy of the region and assure the good health and well being of the people of FATA.
Posted on: Sat, 08 Nov 2014 15:30:54 +0000
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