Mainstreaming of FATA into Pakistani Media Legal Framework

Why political reforms in FATA will not work without media reforms

A Briefing Paper produced by INTERMEDIA

Muhammad Aftab Alam and Adnan Rehmat

Islamabad, November 2011

Listening to the Radio in Waziristan – Photo by Aurangzaib Khan

Backgrounder

F

What this Briefing Paper is About

Why the Need for a Briefing Paper?

ederally Administered Tribal Areas (FATA) is a semi-autonomous tribal region in the northwest of Pakistan, lying between the province of Khyber Pakhtunkhwa and Afghanistan. Due to its special status in the Constitution of Pakistan, it has been governed through a special

governance structure since 1901. As a result the people of the region do not have the same rights in promise or practice as those the people in the rest of the country. The main reason behind this is the non-existence of various legal structures essential for the FATA residents to exercise their fundamental rights as enshrined in the Constitution. One of these legal structures, which have not been extended so far to the areas, is the Pakistan Electronic Media Regulatory Authority (PEMRA), which can guarantee access to information as enshrined in Article 19A of the Constitution and freedom of expression as stipulated in Article 19.

Unlike the rest of Pakistan where stupendous growth of media since the opening up of the airwaves to private ownership in recent years has radically changed the dynamics of how a pluralist media accesses, processes, generates and distributes information, absence of an electronic media licensing or regulatory authority for FATA has resulted in continued ‘information darkness’ in the area relative to the rest of the country. The existing native and legal media in FATA – which is only radio as there is no local newspaper or TV – is state-run and extremely limited in outreach, virtually blanks out community voices and operates in practical denial of conflict that is consuming the lives of the region’s residents. Also mostly not available to people is news and information about local development projects and public works and the efforts to resolve people’s problems with assistance from both local and international resources.

FATA is the theatre of conflict between Pakistani and international forces and militants of Taliban and Al Qaeda. The militancy, including military operations, in the region have displaced hundreds of thousands from the FATA agencies and added a major socio-economic dimension to the regional conflict. In such a situation, absence of independent, verifiable, relevant, pluralist and local information articulated by locals mostly generates rumors, unverified word-of-mouth information and outsider accounts of local issues that may not be representative of the ground situation.

This Briefing Paper aims at identifying the causes of the relative ‘information darkness’ in FATA in the absence of indigenous independent local media and exploring mechanisms to improving awareness and providing support to bring FATA into the fold of mainstream media in Pakistan so that residents are guaranteed freedom of expression and access to information as enshrined in the Constitution.

The Briefing Paper also attempts to explore the options to introduce private electronic media, particularly FM radio stations and TV channels, and the required regulatory structure in the FATA region. This paper will be distributed to participants of a series of advocacy roundtables scheduled in the last quarter of 2011 to serve as a backgrounder on the subject and to inform the overall advocacy effort planned in this project.

This Briefing Paper is part of a series of media development activities under a project, funded by the

The State of Media Freedoms in FATA and its Impact on Political Freedoms: Problems and Solutions

1

Backgrounder

F

What this Briefing Paper is About

Why the Need for a Briefing Paper?

ederally Administered Tribal Areas (FATA) is a semi-autonomous tribal region in the northwest of Pakistan, lying between the province of Khyber Pakhtunkhwa and Afghanistan. Due to its special status in the Constitution of Pakistan, it has been governed through a special

governance structure since 1901. As a result the people of the region do not have the same rights in promise or practice as those the people in the rest of the country. The main reason behind this is the non-existence of various legal structures essential for the FATA residents to exercise their fundamental rights as enshrined in the Constitution. One of these legal structures, which have not been extended so far to the areas, is the Pakistan Electronic Media Regulatory Authority (PEMRA), which can guarantee access to information as enshrined in Article 19A of the Constitution and freedom of expression as stipulated in Article 19.

Unlike the rest of Pakistan where stupendous growth of media since the opening up of the airwaves to private ownership in recent years has radically changed the dynamics of how a pluralist media accesses, processes, generates and distributes information, absence of an electronic media licensing or regulatory authority for FATA has resulted in continued ‘information darkness’ in the area relative to the rest of the country. The existing native and legal media in FATA – which is only radio as there is no local newspaper or TV – is state-run and extremely limited in outreach, virtually blanks out community voices and operates in practical denial of conflict that is consuming the lives of the region’s residents. Also mostly not available to people is news and information about local development projects and public works and the efforts to resolve people’s problems with assistance from both local and international resources.

FATA is the theatre of conflict between Pakistani and international forces and militants of Taliban and Al Qaeda. The militancy, including military operations, in the region have displaced hundreds of thousands from the FATA agencies and added a major socio-economic dimension to the regional conflict. In such a situation, absence of independent, verifiable, relevant, pluralist and local information articulated by locals mostly generates rumors, unverified word-of-mouth information and outsider accounts of local issues that may not be representative of the ground situation.

This Briefing Paper aims at identifying the causes of the relative ‘information darkness’ in FATA in the absence of indigenous independent local media and exploring mechanisms to improving awareness and providing support to bring FATA into the fold of mainstream media in Pakistan so that residents are guaranteed freedom of expression and access to information as enshrined in the Constitution.

The Briefing Paper also attempts to explore the options to introduce private electronic media, particularly FM radio stations and TV channels, and the required regulatory structure in the FATA region. This paper will be distributed to participants of a series of advocacy roundtables scheduled in the last quarter of 2011 to serve as a backgrounder on the subject and to inform the overall advocacy effort planned in this project.

This Briefing Paper is part of a series of media development activities under a project, funded by the

The State of Media Freedoms in FATA and its Impact on Political Freedoms: Problems and Solutions

1

Foreign and Commonwealth Office of the United Kingdom (the UK) and being implemented by Intermedia (www.intermedia.org.pk), a Pakistani media development organization that works on advocacy, research and training on media issues to promote freedom of expression, access to information and a professional media. The project, in part, aims to help enlarge the space for promoting local community information programming in FATA that promotes conditions for stability and development in the region. As a part of the activities, Intermedia is organizing a series of policy dialogues with the stakeholders of FATA to explore the option to bring the region into mainstream Pakistani media landscape. To make the dialogues result-oriented, this Briefing Paper has been developed to provide technical background and preliminary findings/information on the issue.

The first part of this Briefing Paper offers a short overview of the legal history of FATA and possible mechanisms to extend the operations of the laws of the land to the region. The second part provides an overview of the current state of media in FATA with an attempt to identify gaps between constitutional rights and guarantees and the ground situation and the triggers behind them. The third part of the paper explores practical options in legal terms that can possibly enlarge the conditions and guarantees of free and professional media space in FATA. A few preliminary recommendations are also offered at the end that can serve to inform the series of advocacy roundtables. These recommendations will be finalized after consultations with stakeholders and experts through a series of dialogues in the last quarter of 2011.

What the Briefing Papers Offers

FATA is situated between the Pakistan-Afghanistan border and the settled areas of Khyber Pakhtunkhwa (KP). FATA comprises seven tribal agencies and six FR (Frontier Regions). These agencies are: Bajaur, Mohmand, Khyber, Orakzai, Kurram, North Waziristan, and South

Waziristan. The FR regions are: FR Peshawar, FR Kohat, FR Bannu, FR Lakki, FR Tank, and FR Dera Ismail Khan. According to census data of 1998, FATA is home to a population of roughly 3.18 million. The population density stands at 117 persons per square kilometer. The average annual population growth is slightly lower than the KP average of 2.8 per cent and the national average of 2.7 per cent. The average household consists of 9.3 persons, compared to 8 persons in KP and 6.8 persons nationally.

Since 1849 FATA has had a unique administrative and political status. To ensure its control over the area, the colonial rulers imposed a series of laws during 1871 and 1876. These are known as the Frontier Crimes Regulations, or FCR. The FCR prescribing special procedures for the tribal areas is distinct from the criminal and civil laws that were in force elsewhere in British India. In 1893, the British government raised a demarcation with Afghanistan called Durand Line. In 1901, the British rule issued a new FCR that expanded the scope of earlier regulations and awarded wide powers, including judicial authority, to administrative officials.

Pakistan inherited this system and more or less continues with it even today. In fact, the accession did not subsume the political autonomy of the tribes. The instruments of accession, signed in 1948, granted the tribal areas a special administrative status. Except where strategic considerations dictated, the tribal areas were allowed to retain their semi-autonomous status, exercising administrative authority based on tribal codes and traditional institutions. This unique system, given varying degrees of legal cover in each of the country’s earlier constitutions, was crystallized in

iPakistan’s Constitution of 1973.

Under the Constitution, the President of Pakistan is the authority to enact laws for FATA. In mid-2011 President Asif Zardari signed two orders regarding Amendments in the FCR (2011) and Extension of the Political Parties Order 2002 to FATA, aiming to enact deep administrative, judicial and political reforms on the ground in the tribal areas. Through the reforms, amendments have been made in the FCR to this effect.

Article 01 of the Constitution of Pakistan, 1973, defines the territories of the republic. The Article provides that the territories of Pakistan shall comprise: (a) The Province of Balochistan, North West Frontier Province (now Khyber Pakhtunkhwa), the

Punjab, and Sindh;(b) The Islamabad Capital Territory, hereinafter referred to as the Federal Capital;(c) Federally Administered Tribal Areas.

Though the bicameral national parliament has representatives from FATA in both of its houses, the President of Pakistan holds direct executive authority on the area. Laws framed by the National Assembly do not apply here unless so ordered first by the President. The FATA has a special status in the Constitution. The area is governed under Article 247 (3) of the Constitution under which the President has the authority to legislate for the area. Moreover, the President has the authority to extend the operation of any law of the land to these areas. Till the latest legal reforms for the area introduced through a presidential order in August 2011, FATA continued to be governed primarily

PART 1: Constitutional Status of FATA

32

Foreign and Commonwealth Office of the United Kingdom (the UK) and being implemented by Intermedia (www.intermedia.org.pk), a Pakistani media development organization that works on advocacy, research and training on media issues to promote freedom of expression, access to information and a professional media. The project, in part, aims to help enlarge the space for promoting local community information programming in FATA that promotes conditions for stability and development in the region. As a part of the activities, Intermedia is organizing a series of policy dialogues with the stakeholders of FATA to explore the option to bring the region into mainstream Pakistani media landscape. To make the dialogues result-oriented, this Briefing Paper has been developed to provide technical background and preliminary findings/information on the issue.

The first part of this Briefing Paper offers a short overview of the legal history of FATA and possible mechanisms to extend the operations of the laws of the land to the region. The second part provides an overview of the current state of media in FATA with an attempt to identify gaps between constitutional rights and guarantees and the ground situation and the triggers behind them. The third part of the paper explores practical options in legal terms that can possibly enlarge the conditions and guarantees of free and professional media space in FATA. A few preliminary recommendations are also offered at the end that can serve to inform the series of advocacy roundtables. These recommendations will be finalized after consultations with stakeholders and experts through a series of dialogues in the last quarter of 2011.

What the Briefing Papers Offers

FATA is situated between the Pakistan-Afghanistan border and the settled areas of Khyber Pakhtunkhwa (KP). FATA comprises seven tribal agencies and six FR (Frontier Regions). These agencies are: Bajaur, Mohmand, Khyber, Orakzai, Kurram, North Waziristan, and South

Waziristan. The FR regions are: FR Peshawar, FR Kohat, FR Bannu, FR Lakki, FR Tank, and FR Dera Ismail Khan. According to census data of 1998, FATA is home to a population of roughly 3.18 million. The population density stands at 117 persons per square kilometer. The average annual population growth is slightly lower than the KP average of 2.8 per cent and the national average of 2.7 per cent. The average household consists of 9.3 persons, compared to 8 persons in KP and 6.8 persons nationally.

Since 1849 FATA has had a unique administrative and political status. To ensure its control over the area, the colonial rulers imposed a series of laws during 1871 and 1876. These are known as the Frontier Crimes Regulations, or FCR. The FCR prescribing special procedures for the tribal areas is distinct from the criminal and civil laws that were in force elsewhere in British India. In 1893, the British government raised a demarcation with Afghanistan called Durand Line. In 1901, the British rule issued a new FCR that expanded the scope of earlier regulations and awarded wide powers, including judicial authority, to administrative officials.

Pakistan inherited this system and more or less continues with it even today. In fact, the accession did not subsume the political autonomy of the tribes. The instruments of accession, signed in 1948, granted the tribal areas a special administrative status. Except where strategic considerations dictated, the tribal areas were allowed to retain their semi-autonomous status, exercising administrative authority based on tribal codes and traditional institutions. This unique system, given varying degrees of legal cover in each of the country’s earlier constitutions, was crystallized in

iPakistan’s Constitution of 1973.

Under the Constitution, the President of Pakistan is the authority to enact laws for FATA. In mid-2011 President Asif Zardari signed two orders regarding Amendments in the FCR (2011) and Extension of the Political Parties Order 2002 to FATA, aiming to enact deep administrative, judicial and political reforms on the ground in the tribal areas. Through the reforms, amendments have been made in the FCR to this effect.

Article 01 of the Constitution of Pakistan, 1973, defines the territories of the republic. The Article provides that the territories of Pakistan shall comprise: (a) The Province of Balochistan, North West Frontier Province (now Khyber Pakhtunkhwa), the

Punjab, and Sindh;(b) The Islamabad Capital Territory, hereinafter referred to as the Federal Capital;(c) Federally Administered Tribal Areas.

Though the bicameral national parliament has representatives from FATA in both of its houses, the President of Pakistan holds direct executive authority on the area. Laws framed by the National Assembly do not apply here unless so ordered first by the President. The FATA has a special status in the Constitution. The area is governed under Article 247 (3) of the Constitution under which the President has the authority to legislate for the area. Moreover, the President has the authority to extend the operation of any law of the land to these areas. Till the latest legal reforms for the area introduced through a presidential order in August 2011, FATA continued to be governed primarily

PART 1: Constitutional Status of FATA

32

through the FCR 1901. The Governor of KP, as an agent to the President of Pakistan, under the overall supervision of the Ministry of States and Frontier Regions in Islamabad, supervises the functions of the administrative authorities in FATA.

Unlike the rest of Pakistan where growth of media in recent years has changed the dynamics of how media accesses, processes, generates and distributes information, absence of an electronic media licensing or regulatory authority for FATA has resulted in the region missing out on the media reforms enacted through the PEMRA Ordinance 2002 in mainstream Pakistan, and keeping it relatively ‘information dark’. The existing indigenous and legal media in FATA is only state-owned, which does not have the mandate, capacity or resources to act as a professional watchdog of public interest focused on local news, information, education and entertainment. There are no newspapers or any other current affairs journals published in FATA or any local TV channels. The sole 3 legal radio stations – a mix of FM and AM broadcasts operated by FATA Secretariat – do not carry news or much information about terrorism, militancy and the state’s own efforts to combat them, thereby missing out even on the small window of opportunity of a dialogue between the citizen and the state.

There being no independent, legal radio stations or TV channels in FATA is a consequence of the jurisdiction of the national broadcast law, Pakistan Electronic Media Regulatory Authority (PEMRA) Ordinance, 2002, not being extended to FATA. This lacuna allows militants to run hate-spewing pirate stations and hijack both the political and development narrative in the region. The only legal Pakistani media available in the region is owned by the FATA Secretariat and the bureaucracies running the radio stations are neither trained to treat information as a fundamental right nor have the capacity to offer and package information even about the government’s development efforts in a way relevant to the citizens needs and to generate ownership and support of government policies in the region.

Since 2001, a discernible but slow political reforms process has been underway for FATA. The FATA Secretariat was set up, headed by the Secretary FATA, in 2002. The Civil Secretariat FATA was established in 2006 to take over decision-making functions, with an Additional Chief Secretary, four

iiSecretaries and a number of Directors. In 2011, President Asif Zardari signed two orders regarding Amendments in the FCR (2011) and Extension of the Political Parties Order 2002 to FATA, which many agree could be a prelude to far-reaching administrative, judicial and political reforms on the ground in the tribal areas. Through the reforms, amendments have been made in Frontier Crimes Regulations (FCRs) and repressive laws of the colonial era are abolished and the normal laws of the land are will be

iiiapplicable to FATA as well.

In view of the new push for active reforms, it is imperative to introduce similar steps to help enlarge the media space and independent media in FATA for promoting greater openness to allow for an informed local citizenry. Only by promoting a regime of media independence, pluralisms and cultural expressions can inclusivity, support and ownership of policies be facilitated. If FATA is part of Pakistan then its residents have the same rights to access information guaranteed under Article 19A of the constitution and to stay informed. Capacities should be created and consolidated on a priority basis to improve the quantity and quality of a community information environment that will discourage rumor and hate speech and crowd out the radical soundbites otherwise propagated by non-representative groups, which distort the political and religious narrative in FATA. For too long FATA residents have lived in relative information darkness and deserve to join the information age that mainstream Pakistan is reaping dividends from. In this backdrop, it is important to understand the existing state of media in FATA before identification of the key problems and exploration of the options to resolve them.

54

With the growth of media in Pakistan in recent years and the increase in numbers of journalists, the dynamics of how media accesses, processes, generates and distributes information and how people consume it have changed. Much information is being

consumed in real time and as conflict and militancy has grown in FATA and KP the mainstream media is almost completely dominated by conflict soundbites. This has drowned out news and information about development and public works in FATA in particular and the government’s attention to resolving people’s problems both with local and international resources.

There are currently only three legal radio stations in FATA which function as AM and FM operations. One is in Khyber Agency, which is ahead of the pack by dint of its recent willingness to focus on some community information. It has an operational newsroom and a group of reporters trained to produce daily bulletins and other information-based programming. Khyber Agency is strategically important as it is adjacent to Peshawar and, for administrative purposes, the gateway to FATA. The other two stations are both in North Waziristan Agency in the towns of Razmak and Miranshah. This agency has been in the thick of militancy for several years now. The two stations here are behind Khyber Radio for reason of remoteness and active conflict in the region. They are, however, encouraged by the big success of Khyber Radio and seek to develop similar capacities and re-brand the stations from virtual government-propaganda broadcasters to local community stations. Under technical assistance of the project of which this Briefing Paper is a part, the last few months have seen the three stations for the last few months broadcast daily community information programmes that promote local voices focused on development activities. The feedback to these programmes is tremendous and demonstrates a distinct need to establish more radio stations and generate more such interactive community dialogue and voices.

According to the FATA Communications Strategy report of 2009, over 80% adult men and over 70% adult women in FATA regularly listen to radio. No local print publication is produced in FATA due to a virtual ban. Literacy rates are extremely low so not even KP-produced print media is consumed in any significant quantity. Watching TV is an expensive proposition – both in terms of affordability and because militant groups discourage it, although a FATA-focused TV channel can be its own advertisement for progress and openness. Severe power shortages also make this difficult. This leaves radio as the primary medium for information in FATA. There is a need, among other things, to build on the limited media space and radio-based information for local communities to help them

ivjoin the mainstream Pakistani media space and benefit from it.

The following is an outline SWOT analysis for media in FATA produced by Intermedia:

PART 2: The State of Media in FATA

through the FCR 1901. The Governor of KP, as an agent to the President of Pakistan, under the overall supervision of the Ministry of States and Frontier Regions in Islamabad, supervises the functions of the administrative authorities in FATA.

Unlike the rest of Pakistan where growth of media in recent years has changed the dynamics of how media accesses, processes, generates and distributes information, absence of an electronic media licensing or regulatory authority for FATA has resulted in the region missing out on the media reforms enacted through the PEMRA Ordinance 2002 in mainstream Pakistan, and keeping it relatively ‘information dark’. The existing indigenous and legal media in FATA is only state-owned, which does not have the mandate, capacity or resources to act as a professional watchdog of public interest focused on local news, information, education and entertainment. There are no newspapers or any other current affairs journals published in FATA or any local TV channels. The sole 3 legal radio stations – a mix of FM and AM broadcasts operated by FATA Secretariat – do not carry news or much information about terrorism, militancy and the state’s own efforts to combat them, thereby missing out even on the small window of opportunity of a dialogue between the citizen and the state.

There being no independent, legal radio stations or TV channels in FATA is a consequence of the jurisdiction of the national broadcast law, Pakistan Electronic Media Regulatory Authority (PEMRA) Ordinance, 2002, not being extended to FATA. This lacuna allows militants to run hate-spewing pirate stations and hijack both the political and development narrative in the region. The only legal Pakistani media available in the region is owned by the FATA Secretariat and the bureaucracies running the radio stations are neither trained to treat information as a fundamental right nor have the capacity to offer and package information even about the government’s development efforts in a way relevant to the citizens needs and to generate ownership and support of government policies in the region.

Since 2001, a discernible but slow political reforms process has been underway for FATA. The FATA Secretariat was set up, headed by the Secretary FATA, in 2002. The Civil Secretariat FATA was established in 2006 to take over decision-making functions, with an Additional Chief Secretary, four

iiSecretaries and a number of Directors. In 2011, President Asif Zardari signed two orders regarding Amendments in the FCR (2011) and Extension of the Political Parties Order 2002 to FATA, which many agree could be a prelude to far-reaching administrative, judicial and political reforms on the ground in the tribal areas. Through the reforms, amendments have been made in Frontier Crimes Regulations (FCRs) and repressive laws of the colonial era are abolished and the normal laws of the land are will be

iiiapplicable to FATA as well.

In view of the new push for active reforms, it is imperative to introduce similar steps to help enlarge the media space and independent media in FATA for promoting greater openness to allow for an informed local citizenry. Only by promoting a regime of media independence, pluralisms and cultural expressions can inclusivity, support and ownership of policies be facilitated. If FATA is part of Pakistan then its residents have the same rights to access information guaranteed under Article 19A of the constitution and to stay informed. Capacities should be created and consolidated on a priority basis to improve the quantity and quality of a community information environment that will discourage rumor and hate speech and crowd out the radical soundbites otherwise propagated by non-representative groups, which distort the political and religious narrative in FATA. For too long FATA residents have lived in relative information darkness and deserve to join the information age that mainstream Pakistan is reaping dividends from. In this backdrop, it is important to understand the existing state of media in FATA before identification of the key problems and exploration of the options to resolve them.

54

With the growth of media in Pakistan in recent years and the increase in numbers of journalists, the dynamics of how media accesses, processes, generates and distributes information and how people consume it have changed. Much information is being

consumed in real time and as conflict and militancy has grown in FATA and KP the mainstream media is almost completely dominated by conflict soundbites. This has drowned out news and information about development and public works in FATA in particular and the government’s attention to resolving people’s problems both with local and international resources.

There are currently only three legal radio stations in FATA which function as AM and FM operations. One is in Khyber Agency, which is ahead of the pack by dint of its recent willingness to focus on some community information. It has an operational newsroom and a group of reporters trained to produce daily bulletins and other information-based programming. Khyber Agency is strategically important as it is adjacent to Peshawar and, for administrative purposes, the gateway to FATA. The other two stations are both in North Waziristan Agency in the towns of Razmak and Miranshah. This agency has been in the thick of militancy for several years now. The two stations here are behind Khyber Radio for reason of remoteness and active conflict in the region. They are, however, encouraged by the big success of Khyber Radio and seek to develop similar capacities and re-brand the stations from virtual government-propaganda broadcasters to local community stations. Under technical assistance of the project of which this Briefing Paper is a part, the last few months have seen the three stations for the last few months broadcast daily community information programmes that promote local voices focused on development activities. The feedback to these programmes is tremendous and demonstrates a distinct need to establish more radio stations and generate more such interactive community dialogue and voices.

According to the FATA Communications Strategy report of 2009, over 80% adult men and over 70% adult women in FATA regularly listen to radio. No local print publication is produced in FATA due to a virtual ban. Literacy rates are extremely low so not even KP-produced print media is consumed in any significant quantity. Watching TV is an expensive proposition – both in terms of affordability and because militant groups discourage it, although a FATA-focused TV channel can be its own advertisement for progress and openness. Severe power shortages also make this difficult. This leaves radio as the primary medium for information in FATA. There is a need, among other things, to build on the limited media space and radio-based information for local communities to help them

ivjoin the mainstream Pakistani media space and benefit from it.

The following is an outline SWOT analysis for media in FATA produced by Intermedia:

PART 2: The State of Media in FATA

76

PROBLEMS: Gaps between constitutional guarantees/rights and existing state

A

SOLUTIONS: Possible options to address the problems

s discussed earlier, the FATA has a special status in the Constitution of the Pakistan. The area is governed under the Article 247 (3) of the Constitution of Pakistan. Though the Parliament has representative from the FATA in both of its houses, the President holds direct executive

authority on the area. Laws framed by the National Assembly do not apply here unless so ordered by the President. Moreover, the President has the authority to extend the operation of any law of the land to these areas. The most recent example of such exercise of the power is the FATA Reforms,

vwhich is promulgated in August 2011.

Nevertheless, like rest of the country, the FATA does not have a regulatory framework, which can issue licenses for private – legal – cable TV operations and private FM radios in the area. In fact, the existing media regulator PEMRA is not authorized to grant licenses for private broadcast media in FATA. This legal situation has created a vacuum in tribal areas as legally-owned non-government media including TV channels or FM radio stations are not allowed or available. Filling the vacuum instead is a considerable presence of illegal cable operators and pirate FM stations and transmitters in the area. Most of the existing private [illegal] media outlets are being run by the banned outfits

viand militants.

According to Article 1 of the Constitution, FATA is part of Pakistan; therefore, the people of the FATA must have all the same rights enshrined in the Constitution. For the purpose of this paper – envisaging freedom of expression and access to information in FATA – the most important rights are given in Article 19 and 19A of the Constitution dealing with these two themes. In addition to these constitutional provisions, there are mainstream Pakistani laws that are necessary to implement in FATA to exercise these fundamental rights by the citizens of the tribal areas. These laws include, but are not limited to: the Pakistan Electronic Media Regulatory Authority (PEMRA) Law, Freedom of Information Law, and Press Registration Law.

Though these laws cannot be termed as ideal legislation – indeed various stakeholders in mainstream Pakistan have problems with them – they at least serve as tools to exercise fundamental rights. The August 2011 law reforms in FATA instituted by the President fall short at least in terms of granting equal rights to residents in tribal areas on the issues of freedom of expression and access to information. Without these laws, the principal objective of the recent reforms to bring the FATA residents on a par with the citizens of the settled areas will not be possible. The absence of such laws is equivalent to negation of the fundamental rights of the people of FATA.

Moreover, the absence of such legal and regulatory frameworks for FATA has created a vacuum that doesn’t allow legally licensed independent media in the region – a vacuum that is happily filled by extremist and radical groups. The situation necessitates initiating a holistic debate on extension of these mainstream Pakistani laws to the FATA territories and exploring additional ways to guarantee and ensure the fundamental rights of freedom of expression and access to information for the

viipeople of FATA.

In the wake of the above discussion, there is a clear need to explore options to come up with

PART 3: A Roadmap for Mainstreaming of FATA Media

76

PROBLEMS: Gaps between constitutional guarantees/rights and existing state

A

SOLUTIONS: Possible options to address the problems

s discussed earlier, the FATA has a special status in the Constitution of the Pakistan. The area is governed under the Article 247 (3) of the Constitution of Pakistan. Though the Parliament has representative from the FATA in both of its houses, the President holds direct executive

authority on the area. Laws framed by the National Assembly do not apply here unless so ordered by the President. Moreover, the President has the authority to extend the operation of any law of the land to these areas. The most recent example of such exercise of the power is the FATA Reforms,

vwhich is promulgated in August 2011.

Nevertheless, like rest of the country, the FATA does not have a regulatory framework, which can issue licenses for private – legal – cable TV operations and private FM radios in the area. In fact, the existing media regulator PEMRA is not authorized to grant licenses for private broadcast media in FATA. This legal situation has created a vacuum in tribal areas as legally-owned non-government media including TV channels or FM radio stations are not allowed or available. Filling the vacuum instead is a considerable presence of illegal cable operators and pirate FM stations and transmitters in the area. Most of the existing private [illegal] media outlets are being run by the banned outfits

viand militants.

According to Article 1 of the Constitution, FATA is part of Pakistan; therefore, the people of the FATA must have all the same rights enshrined in the Constitution. For the purpose of this paper – envisaging freedom of expression and access to information in FATA – the most important rights are given in Article 19 and 19A of the Constitution dealing with these two themes. In addition to these constitutional provisions, there are mainstream Pakistani laws that are necessary to implement in FATA to exercise these fundamental rights by the citizens of the tribal areas. These laws include, but are not limited to: the Pakistan Electronic Media Regulatory Authority (PEMRA) Law, Freedom of Information Law, and Press Registration Law.

Though these laws cannot be termed as ideal legislation – indeed various stakeholders in mainstream Pakistan have problems with them – they at least serve as tools to exercise fundamental rights. The August 2011 law reforms in FATA instituted by the President fall short at least in terms of granting equal rights to residents in tribal areas on the issues of freedom of expression and access to information. Without these laws, the principal objective of the recent reforms to bring the FATA residents on a par with the citizens of the settled areas will not be possible. The absence of such laws is equivalent to negation of the fundamental rights of the people of FATA.

Moreover, the absence of such legal and regulatory frameworks for FATA has created a vacuum that doesn’t allow legally licensed independent media in the region – a vacuum that is happily filled by extremist and radical groups. The situation necessitates initiating a holistic debate on extension of these mainstream Pakistani laws to the FATA territories and exploring additional ways to guarantee and ensure the fundamental rights of freedom of expression and access to information for the

viipeople of FATA.

In the wake of the above discussion, there is a clear need to explore options to come up with

PART 3: A Roadmap for Mainstreaming of FATA Media

mechanisms to bridge the gap between fundamental rights and constitutional guarantees and the situation of denial of these on the ground. As a first step, to get conversant with the real issues and forge an informed understanding and consensus on solutions thereof, there is a need to engage all the key stakeholders and seek their views and opinions on them in a series of focused group roundtables. In the light of the findings and recommendations from the roundtable discussions, practical actionable options may be identified. These options may include, but not limited to: • Introducing an independent regulatory framework for independent media in FATA (highly

desirable)• Extending the operation of existing mainstream Pakistani legislation to the area (desirable)• Empowering FATA Secretariat or provincial information department to grant licenses for private

media (least desirable)

This Briefing Paper is an attempt to articulate the state of media in FATA, the key themes of the problems related to it and their attendant impact on the region. Intermedia will be conducting a series of focused group roundtables with key stakeholders related to FATA, including authorities from FATA, KP and federal government, media, civil society, parliamentarians and media and legal experts to discuss how the constitutional guarantees of freedom of expression and access to information can be ensured for FATA and chart an action plan that can help in mainstreaming of FATA into Pakistani media legal framework.

A total of four advocacy roundtables will be held to lobby for extending the same legal, jurisdictional and regulatory rights for independent media in FATA as in the rest of Pakistan to empower local communities in the region through expanding media space and sources of information in the tribal areas.

Roundtable 1: Meeting of FATA stakeholders and experts in Peshawar to forge consensus on mainstreaming FATA into national media landscape.

Roundtable 2: Meeting of media sector stakeholders to review and endorse outcomes of Roundtable 1 and present to policymakers in Islamabad.

Roundtable 3: Meeting of media and legal experts in Islamabad to draft text on bringing FATA media rights and freedoms in mainstream Pakistan for presentation to federal parliamentarians.

Roundtable 4: Advocacy meeting with federal parliamentarians to use outcomes of Roundtables 1, 2 & 3 to push for media legal reforms for FATA.

Roundtable Consultations with FATA Stakeholders

8

i The information in this part of the paper is taken from the http://fata.gov.pk/ without any major change. ii http://fata.gov.pk/index.php?option=com_content&view=article&id=50&Itemid=84 iii http://pakobserver.net/detailnews.asp?id=109149 iv Information darkness in FATA, MEDIA MATTERS-4, Adnan Rehmat, Islamabad Dateline – for Jun 3, 2011v http://www.dailytimes.com.pk/default.asp?page=2011%5C08%5C20%5Cstory_20-8-2011_pg3_5 vi http://www.globalmedialaw.com/blog/?p=329 vii http://www.dailytimes.com.pk/default.asp?page=2011%5C08%5C20%5Cstory_20-8-2011_pg3_5

mechanisms to bridge the gap between fundamental rights and constitutional guarantees and the situation of denial of these on the ground. As a first step, to get conversant with the real issues and forge an informed understanding and consensus on solutions thereof, there is a need to engage all the key stakeholders and seek their views and opinions on them in a series of focused group roundtables. In the light of the findings and recommendations from the roundtable discussions, practical actionable options may be identified. These options may include, but not limited to: • Introducing an independent regulatory framework for independent media in FATA (highly

desirable)• Extending the operation of existing mainstream Pakistani legislation to the area (desirable)• Empowering FATA Secretariat or provincial information department to grant licenses for private

media (least desirable)

This Briefing Paper is an attempt to articulate the state of media in FATA, the key themes of the problems related to it and their attendant impact on the region. Intermedia will be conducting a series of focused group roundtables with key stakeholders related to FATA, including authorities from FATA, KP and federal government, media, civil society, parliamentarians and media and legal experts to discuss how the constitutional guarantees of freedom of expression and access to information can be ensured for FATA and chart an action plan that can help in mainstreaming of FATA into Pakistani media legal framework.

A total of four advocacy roundtables will be held to lobby for extending the same legal, jurisdictional and regulatory rights for independent media in FATA as in the rest of Pakistan to empower local communities in the region through expanding media space and sources of information in the tribal areas.

Roundtable 1: Meeting of FATA stakeholders and experts in Peshawar to forge consensus on mainstreaming FATA into national media landscape.

Roundtable 2: Meeting of media sector stakeholders to review and endorse outcomes of Roundtable 1 and present to policymakers in Islamabad.

Roundtable 3: Meeting of media and legal experts in Islamabad to draft text on bringing FATA media rights and freedoms in mainstream Pakistan for presentation to federal parliamentarians.

Roundtable 4: Advocacy meeting with federal parliamentarians to use outcomes of Roundtables 1, 2 & 3 to push for media legal reforms for FATA.

Roundtable Consultations with FATA Stakeholders

8

i The information in this part of the paper is taken from the http://fata.gov.pk/ without any major change. ii http://fata.gov.pk/index.php?option=com_content&view=article&id=50&Itemid=84 iii http://pakobserver.net/detailnews.asp?id=109149 iv Information darkness in FATA, MEDIA MATTERS-4, Adnan Rehmat, Islamabad Dateline – for Jun 3, 2011v http://www.dailytimes.com.pk/default.asp?page=2011%5C08%5C20%5Cstory_20-8-2011_pg3_5 vi http://www.globalmedialaw.com/blog/?p=329 vii http://www.dailytimes.com.pk/default.asp?page=2011%5C08%5C20%5Cstory_20-8-2011_pg3_5

Intermedia Pakistan is a Pakistani independent media development and development communications organization. Intermedia's vision statement aims at “supporting freedom of expression, access to information and citizens making informed opinions and decisions as

a means of promoting an informed, democratic and tolerant society.” Intermedia's principal activities are centered on building technical and professional capacities and competencies of media organizations, including TV channels, radio stations and newspapers, and media rights bodies through trainings; promoting free media in Pakistan through fair media laws and reforms; and carrying out research, advocacy and analysis on democracy and media-related issues. Intermedia also focuses on building communications capacities of development organizations to help them improve their outreach. Intermedia focuses on improving the quality of civic and thematic dialogue and development communications critical to an open, pluralistic and democratic society by working with civil society groups and development sector organizations in improving their communications capacities in a dynamically evolving media sector.

About INTERMEDIA PAKISTAN – www.intermedia.org.pk

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DISCLAIMER: The views, opinions and analysis presented in this document are those of the authors and may not necessarily reflect the opinion and position of Intermedia or its supporters. The briefing Paper is aimed at educating stakeholders on the subject theme only.