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Complainants in honour killing cases to pay Rs3 million in fine: Waziristan Jirga


Waziristan Jirga

Tahir Ali

ISLAMABAD: Five years after the 25th constitutional amendment that promised the mainstreaming of former Federally Administered Tribal Areas by extending basic human rights to its residents, consecutive governments have failed to complete, and at times even initiate, the deliverables.

While militancy is at its peak again and is widely being reported, there are drastic social fissures appearing at a pace that might become difficult to control in the future. In a striking return to past practices in North Waziristan tribal district of Khyber Pakhtunkhwa (KP), a grand jirga of local tribes is taking questionable decisions, one after another, affecting thousands of lives and with one victim more obvious than others – writ of the state. 

Utmanzai Jirga

One such case is a jirga, dubbed “Qaumi Ittifaq”, that is issuing a highly controversial 10-point declaration consisting of restrictive clauses and a promise of their rigorous enforcement upon locals. 

One clause states, “If a First Information Report (FIR) is lodged regarding an honour killing, it shall be withdrawn within 15 days. Failure to do so will result in a Rs3 million fine imposed on the complainant (of the FIR).” 

These proposals emerged from a month-long consultation in Razmak, overseen by ‘Chief of Waziristan’ Malik Nasrullah Khan, and ironically, they have been formalised on a legal paper issued by a notary public, with the endorsement of 31 tribal elders.

Another clause, touching upon murder, stipulates “a murderer will face a Rs1.5 million fine, and his house shall be demolished”. However, there’s a glaring exception: “No fine will be imposed for murders stemming from a dispute with the brothers in the mountains (Taliban),” the document reads. And while murderers can be absolved through a fine that wouldn’t even fetch a decade-old mediocre sedan, the jirga asserts that “no leniency will be granted to individuals accused in cases of honour”, implicitly endorsing honour killing.

The Utmanzai jirga’s decisions become more astounding as they grant blanket amnesty to all those accused of murders in the past. 

These individuals have been formally cleared of their crimes, and “they’re free from any fears and can return home without threats. Moreover, they will not be subjected to any form of vengeance within the territories of Waziristan, Janikhel, or Bakka Khel,” meaning their lives will be safe from vengeful victims from the past.

Former parliamentarian and the founding member of National Democratic Movement (NDM) Bushra Gohar said, “such jirgas are illegal and against the constitution”. She emphasized that an FIR should be registered against those who have signed the document, as it “threatens local of consequences”.

Human rights activist, Erfaan Hussein Babak, also shared the concerns and maintained that such decisions could encourage those who commit honor killings, ultimately leading to an increase in such cases. “Section 311 of the Pakistan Penal Code designates honour killings as non-compoundable offenses, requiring the state or police to act as complainants in these cases,” he added.

“The jirga’s decision seems to aim at by-passing the criminal justice system and instead resolving honor killing cases through their own proceedings.”

The jirga has also caution members against interacting with higher-ranked officials- civil or military- in personal disputes or those of a sub-clan of the Utmanzai tribe. “Anyone approaching a government official above the rank of an assistant commissioner or a military official above a rank of a major will face a Rs2 million fine,” it reads. Moreover, the tribe’s participation in official jirgas convened by the district administration has expressly been forbidden.

Just three days after the document was signed on August 4, a group of elders from Waziristan attended a gathering in Peshawar attended by top-tier officials. Confirming adherence to their new rules, an elder declared on video, “Upon their return, we will impose the specified fine, as documented on the stamped paper.” The footage is in possession of Hum News English.

Polio vaccination boycott

The jirga is not the only controversial initiative of Malik Nasrullah. An FIR was also lodged against him for obstructing a polio campaign. It stated that, “without clear justification, he declared a boycott of the ongoing polio vaccination drive in 11 Union Councils on August 8”, thus imperilling the health of thousands of children in the district.

Copy of the FIR

The decision was challenged from within the tribe too. Speaking at a press conference in Miranshah, Malak Muhammad Ayaz Madakhel said, “rejecting polio vaccination leaves the children of Waziristan vulnerable to the crippling polio disease while observing Independence Day with black symbols amounts to treason.” Ayaz pointed out that while Nasrullah leads one faction of the tribe, the other half stands in support of him. 

“I cannot allow him to misuse the tribe’s name for his own personal interests”.

The second point in the presser pertained to Nasrullah’s decision that came to light on August 14, when he asked his tribe and followers to hoist black flags on their houses and vehicles, and not to come out on independence day.

Waziristan

Nasrullah’s Ahmadzai tribe with black flags

“Black flags will fly on our houses, shops, vehicles, and even electricity poles. Everyone will remain within their homes, and in exceptional situations, those stepping out must decorate their vehicles with black flags. Failure to comply might result in fines being levied,” he warned his fellow tribesmen.

Backlash

Former parliamentarian and Kabal Khel tribe elder, Muhammad Nazir and former provincial minister Iqbal Wazir openly challenged the ‘Chief of Waziristan’ by commemorating Independence Day with high-ranking military officials. Leading a group of his clan, Nazir joined hands with GOC North Waziristan, Maj-Gen Hafiz Muhammad Naeem Akhtar, in celebrating the occasion amidst tribespeople.

Waziristan

Kabal Khel Wazir Tribe celebrating 14 August with GOC

Speaking to HUM News English, District Police Officer (DPO) North Waziristan, Saleem Riaz, staunchly asserted the ‘unwavering commitment’ of the police to upholding human rights in the area. “Laws are made in assemblies, not by jirgas. We stand firm against any unauthorised jurisdictional overreach.” The DPO also added that the jirga blatantly defied Section 144 of the Criminal Procedure Code (CrPC) that bans public gatherings.

Local journalist, Rasool Dawar, says, “the increase in the popularity of the jirga over the last 40 days in North Waziristan is rooted in the fact that it initially came out to demand peace and restoration of order in the district – especially putting an end to target killings. It also aims to unite tribes including Utmanzai Wazir and Dawar.” But he claims that contradictory decisions “like banning polio vaccination, marking 14 August as Black Day, and his ban on the Kabal Khel clan’s entry into tehsils of Miranshah and Mir Ali have sparked widespread divisions among tribes that might escalate the existing conflicts between them.”

Government capacity

Despite the 2018 celebration of the reforms legislation in Islamabad and Peshawar, funding and implementation remain a challenge for both governments. With a tight budget and limited capacity, the centre still owes KP over Rs500 billion for the social uplifting of the troubled areas under National Finance Commission. The FATA Reforms document, co-authored by Sartaj Aziz and Arbab Shehzad, highlights Pakistan’s lack of commitment to addressing the suffering of its people.

In absence of the promised reforms, adhoc jirgas will remain a perpetual headache for the state.

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