The recognition of the Federally Administered Tribal Areas (FATA) as a semi-autonomous region is formalised in the constitution of Pakistan (article 1). Administration of these territories is prescribed in article 247 of the Constitution which states that ‘the executive authority of the Federation shall extend to the Federally Administered Tribal Areas’ and ‘no Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof, unless the President so directs.’ The same article bars the extension of superior courts to FATA unless the parliament so provides under law. Most laws have been incorporated into local governance systems, most notably the Frontier Crimes Regulation (FCR).
In August 2011, certain reforms to the FCR were formalised by the President of Pakistan. This included an amendment to the collective responsibility / arrest clause which granted exemption to women, children and the elderly. However implementation of fundamental human rights have still not been guaranteed in the FCR (Amended) 2011 and there remains no accepted mechanism for safeguarding residents of FATA from abuses, including children and women. Under the FCR, jirga is the only formal mechanism for dispensing justice and resolving conflicts in FATA, however the use of the alternative community-based Olasi Jirga by the population indicates a lack of trust in the official FCR jirga.
Pakistan is a signatory to the Convention on the Rights of the Child and is obligated to ensure the protection of the rights of all those living within its jurisdiction, including the residents of FATA. While a number of provincial laws on child protection have been passed throughout Pakistan, including the Khyber Paktunkhwa Child Protection and Welfare Act (2010), there is no child protection legislative framework applicable in FATA. The Child Protection Policy for FATA, approved by the Governor of KP in January 2012 and developed with UNICEF support, includes amongst its objectives to “make efforts for coherent legal and administrative reforms within conceptual framework of child rights and child protection” and to propose to the Federal Government to extend the laws serving the best interests of children to FATA.
UNICEF has a close partnership with the Social Sectors Department FATA, with whom UNICEF has signed the Child Protection Work Plan 2012, committing to support the government authorities to consolidate legal reviews and revisions in accordance with the domestic and international principles of the rule of law. . Other stakeholders include the Additional Chief Secretary FATA, Governor of Khyber Pakhtunkhwa (KP), and the Political Agents and Maliks of FATA.
Due to the specialized nature of work, the dedicated time, consultations and technical input required for reforming the FATA legislative framework pertaining to child protection, a consultant is required for 2 months to review the FCR, and other relevant Federal and provincial legislation in Pakistan, and to recommend changes to the FCR and application of other legal provisions, in accordance with the CRC and based on consultations with all stakeholders. A consultant with relevant background on the subject matter will be engaged for this task.
OBJECTIVE & EXPECTED OUTCOMES
The objective of the consultancy is to reform and improve the legislative framework for child protection in FATA. The output will be the review of the FCR and other relevant federal and provincial Child Protection laws and recommendations for amendments to the FCR and the extension of existing federal and provincial laws relevant to child protection, in accordance with the UN CRC and other international legal standards.
Duty Station: Meetings will take place in Islamabad and Peshawar.
1. Major tasks and Responsibilities to be accomplished:
- To analyse the FCR and other relevant laws in FATA relevant to protection of children from violence, abuse, exploitation as well as other child’s rights violation;
- To review and identify other federal and provincial child protection laws in Pakistan extendable to FATA, in accordance with CRC and other international legal standards;
- To arrange a consultative workshop with all stakeholders to present and discuss analysis of legal framework and areas of reform;
- To provide the first draft of the proposed amendments to FCR and other recommendations for extension of laws related to child protection; and
- Receive comments from stakeholders and provide a final draft of the proposed legislative framework.
1. Deliverables/End Products:
1Meetings with the representatives of SAFRON, FATA Secretariat, and other primary stakeholders to agree on the process for review, consultation and recommendations
2Technical comments, and analytical brief on FCR and extendability of other relevant laws
3Stakeholder consultative workshop and report
4First draft of the FCR review and related recommendations
5Final draft of the review and recommendations (after receiving comments from stakeholders and UNICEF)
Time-Frame: 2.5 months.
Consultants CV should be attached, with details provided of related work performed;
Demonstrates high competency, in legal research, drafting and team work;
Should have knowledge of UNCRC, the Pakistani child related laws, and knowledge of FCR and FATA legal system a clear asset;
Fluency in both written and spoken English and Urdu and knowledge of Pashto is desirable;
Familiarity with the country context, especially provincial governments, culture and people, including the operating systems of the government at different tiers;
Sensitivity to diverse opinions and difficulties arising from differing social and cultural perceptions and
Publications and research reports shall be considered as an advantage.