MERGER OF FATA WITH KP AND ITS IMPACT ON THE EFFECTIVENESS OF JIRGA AS AN INDIGENOUS CONFLICT RESOLUTION MECHANISM

Abstract

After the FATA-KP merger, the federal judicial system has been extended to the erstwhile FATA region, thus putting an end to the former FCR law. This raises a question whether the Jirga will perform with the same effectiveness and relevancy in the region or will it get impacted with the merger? To understand the impact of 25th amendment and merger of FATA with KP on the Jirga as a conflict resolution mechanism, this study focuses on the historicity of legal reforms in FATA. Moreover, this research highlights how Jirga performs as a conflict resolution mechanism in the region. Lastly, this research compares the Jirga system with the case studies of Asian and African countries which have transformed their traditional dispute resolution mechanism to Formal judicial system. The research concludes that the merger of FATA with KP has great impact over the Jirga system in many aspects. With the merger, the autonomy and authority of the Jirga system have greatly compromised. With the abolition of Sarkari Jirga (Official Jirga), Jirga has become limited to the Qaumi Jirga (Unofficial Jirga) which lacks the will and autonomy to implement its decisions. Similarly, the people of erstwhile FATA face difficulties in getting speedy justice and resolving their conflicts efficiently and timely. Keywords: Informal Justice, Formal Justice, Tribalism, Pashtunwali, Judicial Reforms, Merger