Federally Administered Tribal Areas

Federally Administered Tribal Areas, abbreviated as FATA, was a semi-autonomous tribal region located in north-western Pakistan. It existed from 1947 until its merger with the adjacent province of Khyber Pakhtunkhwa in 2018, facilitated by the Twenty-fifth Amendment to the Constitution of Pakistan. FATA comprised seven tribal agencies (districts) and six frontier regions, all governed directly by the federal government under a specific set of laws known as the Frontier Crimes Regulations (FCR).

On 24 May 2018, the National Assembly of Pakistan voted to amend the Constitution for the merger of FATA with Khyber Pakhtunkhwa, which was subsequently approved by the Senate the following day. Since this change impacted Khyber Pakhtunkhwa, it was presented for approval in the Khyber Pakhtunkhwa Assembly on May 27, 2018, where it passed with a majority. On May 28, 2018, the President of Pakistan signed the FATA Interim Governance Regulation, which outlined interim rules for the region until the official merger with Khyber Pakhtunkhwa within two years. The 25th Amendment was formally endorsed by President Mamnoon Hussain on 31 May 2018, marking the official integration of FATA into Khyber Pakhtunkhwa.

Historical overview

The British colonial authorities struggled to completely quell unrest in FATA, although the region served as a buffer against instability from Afghanistan. To manage the annexed tribal areas, the British implemented the Frontier Crimes Regulations, which conferred significant authority to local leaders along the North-West Frontier as part of an indirect governance strategy. The harsh, discriminatory provisions of the FCR led to its designation as the "black law".

After the creation of Pakistan

Following the creation of Pakistan in 1947, the annexed areas continued to be administered under the Frontier Crimes Regulations, remaining in effect through the Dominion of Pakistan and into the Islamic Republic of Pakistan established in 1956.

According to the United States Institute of Peace, the dynamics of the region began to change in the 1980s when Mujahideen fighters entered to oppose the jirgas, allied with the CIA’s Operation Cyclone against Soviet forces prior to the collapse of the Berlin Wall and the Soviet Union. In 2001, militants from Tehrik-e-Taliban began infiltrating the area. By 2003, Taliban forces based in FATA were crossing into Afghanistan to engage military and police targets following the U.S. invasion. Shkin, Afghanistan, became a focal point for these conflicts, housing a heavily fortified military base primarily occupied by American special operations forces since 2002, situated just six kilometers from the Pakistani border.

After the September 11 attacks in the United States in 2001, FATA emerged as a prominent battleground for militancy and terrorism. The Pakistan Army has conducted ten operations against the Pakistani Taliban since that time, with Operation Zarb-e-Azb in North Waziristan being particularly notable. These military operations resulted in the displacement of approximately two million residents from the tribal areas, with widespread destruction of schools, hospitals, and homes.

Encouraged by the United States, around 80,000 Pakistani troops entered FATA in March 2004 to hunt for al-Qaeda operatives, facing strong resistance from the Pakistani Taliban. Notably, it was the Pakistani Taliban—not the tribal elders—who negotiated a ceasefire with the army, indicating their substantial control over the area. Between 2004 and 2006, troops conducted eight additional operations in South and North Waziristan, encountering further resistance. Peace accords reached in 2004 and 2006 established agreements wherein local tribesmen would cease attacks on Afghanistan while the Pakistani military would refrain from major operations in FATA, release prisoners, and allow tribesmen to possess small arms.

On 04 June 2007, the National Security Council of Pakistan convened to address the situation in Waziristan, discussing political and administrative measures to counter the "Talibanisation" of the region. Chaired by President Pervez Musharraf, the meeting included Chief Ministers and Governors from all four provinces, focusing on the deteriorating law and order and the security threats posed to the state. The government resolved to intensify military and law enforcement efforts, take action against certain madrasas, and disrupt illegal FM radio broadcasts.

Merger with Khyber Pakhtunkhwa

On 02 March 2017, the federal government deliberated on a proposal to merge the tribal areas with Khyber Pakhtunkhwa and repeal the Frontier Crimes Regulations. However, some political factions opposed this merger, advocating instead for the tribal areas to become a separate province within Pakistan.

The proposal for merger was nearly finalised during a January 2017 meeting led by President Mamnoon Hussain at the Presidency. The Prime Minister subsequently approved the plan after consulting with various stakeholders. By March 2017, the federal cabinet officially sanctioned.