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ICG Report – Pakistan: Countering militancy in PATA

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Brief Introduction

International Crisis Group’s latest report, assesses the impact of the military-led response to extremist violence on PATA’s security, society and economy. More than three years after military operations sought to oust Islamist extremists, the region remains extremely volatile.

The military’s continued control over the governance and administration of the region and the state’s failure to equip the Khyber Pakhtunkhwa (KPK) police with the tools they need to tackle extremist violence lies at the heart of security and governance challenges.

“While the militants continue to present the main physical threat, the military’s poorly conceived counter-insurgency strategies and failure to restore responsive and accountable civilian administration are proving counter-productive”, says Samina Ahmed, Crisis Group’s South Asia Project Director. “Neither the federal nor the provincial government is fully addressing the security concerns of residents”.

Although some serious efforts have been made to enhance police capacity, they remain largely insufficient, and the KPK force is still not properly trained or equipped and lacks accountability. The larger challenge remains the reform of the region’s complex legal framework, which makes upholding the rule of law a daunting task.

While formally subject to Pakistan’s basic criminal and civil law and falling under the provincial KPK legislature, PATA is governed by various parallel legal systems that have isolated it from the rest of the province. Instead of reforming a legal system that undermines constitutional rights and the rule of law, the military has been vested with virtually unchecked powers of arrest and detention. Pressing humanitarian needs remain unmet because of continued instability and short-sighted military-dictated policies that include travel restrictions on foreigners and stringent requirements for domestic and international non-governmental organisations.

Islamabad and Peshawar should end PATA’s isolation and fully integrate it into KPK, removing the region’s legislative and constitutional ambiguities and revoking all laws that undermine constitutionally guaranteed fundamental rights. The military’s control over the security agenda, governance and security must be replaced by accountable, responsive civilian institutions. A deteriorating justice system needs to be strengthened and the police force given the lead in enforcing the law and bringing extremists to justice.

“The state must restore the trust of PATA residents by convincing them of its sincerity, effectiveness and accountability”, says Paul Quinn-Judge, Crisis Group’s Asia Program Director. “Helping them to rebuild their lives and livelihoods, free of the fear of militancy, would go a long way toward inoculating them against extremism and should be at the heart of counter-terrorism strategy”.

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About Muhammad Haniff Hassan

Muhammad Haniff Bin Hassan is a Fellow. He holds a PhD and M.Sc. in Strategic Studies at the S. Rajaratnam School of International Studies (previously known as the Institute of Defence and Strategic Studies), Nanyang Technological University. He received his early education in Aljunied Islamic School. He then continued his tertiary education at the Faculty of Islamic Studies, National University of Malaysia, with honours in Syar`iah and Civil law. Mr. Haniff is also active in social activities as a member of the Islamic Religious Council Appeal Board, HSBC Insurance Islamic Advisory Board from 2000 to 2014, Association of Islamic Religious Teachers and Scholars of Singapore (PERGAS) and Management Committee of Al-Irsyad Islamic School. He writes extensively in Berita Harian (a local Malay newspaper) and has also published articles in The Straits Times. He has published six books in his name, co-authored a monograph and helped publish two books for PERGAS and the Islamic Religious Council of Singapore. His personal website in Malay is at www.haniff.sg

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