It was unfortunate that FCR amendments, they added, approved in 2011 could not be implemented in letter and spirit and still the old customs and traditions were followed. Both the experts stressed for changes and improvement in FCR so as to keep people of tribal areas at par with development of other parts of the country. Ajmal Mian told the committee that he was member of FCR Reforms Committee, which forwarded their recommendation in 2011. About FCR, he said there were three types of opinion the tribal elders wanted FCR as it was because it was related to their customs and traditions. The middle age people of Fata wanted changes in FCR laws while young blood wants complete removal of FCR while clerics demand enforcement of Sharia Law.
Under FCR, the Political Agent and Assistant Political Agent (PA&APA) are enjoying unlimited powers and they are considered as king of the agency. The committee in 2011 suggested that jirga system should be strengthened, the jurisdiction of Supreme Court and High Court would be extended to FATA and also allow parliament to make legislation for Fata, he said.
The Committee recommended 63 laws to be extended to Fata and wanted its implementation. However, Ajmal Mian said that if these laws were implemented abruptly, then it would create law and order situation as the case of Swat. Justice Mian further told the committee that the rich become richer and poor become poorer in Fata while poverty and illiteracy were main problems of tribal areas. The Taliban issue there was due to unemployment otherwise, he claimed that tribal people were more patriotic as compared to others.
According to the Constitution, Fata is the 5th Unit of the state but unfortunately they were never treated as equal citizen of the country. He suggested that any step taken for improvement in Fata, should be according to the will of the local people. He said massive funds were released in the name of Fata development but on ground there was nothing.
Former federal secretary Habibullah Khan questioned what would be the replacement of FCR, and which should be acceptable to people of the tribal areas. He said tribal people should be included in every reform process for tribal areas.
He said that the military operation continued in Fata, and the entire local administration was facilitating forces and in such situation reforms in Fata look very difficult. Concentration of powers with political and assistant political agents was the main problem, if it was separated then FCR law may be considered best one for tribal people. He claimed that tribal people would never accept the settled areas rules and regulation.
Khan said there were schools, hospitals, etc but no staff and it created a sense of deprivation among tribal people. The important matter for tribal people at the moment was return of Internally Displaced Persons (IDPs), their development, roadmap for future and all of it should be done simultaneously.