By Manan Ahmed
Wednesday, April 15, 2009
Informed Comment: Global Affairs
Group blog on Current Events
Before we get there, I want to review a couple more things about Pakistan and its relationship with its constitutive parts. Swat merged with Pakistan, constitutionally speaking, in 1969. However, it has retained the status as a "Special Area" granted under the Yahya Khan One Unit proclamation of 1955. This special status was recorded into the '73 Constitution, Article 247. According to this status, they are free to make their own laws and govern themselves. The President can, from "time to time", give some directions to the Governor but the Parliament, Supreme Court or any High Court has no jurisdiction. So, the Swat "Shari'a" deal is a capitulation insofar as Pakistan has never amended its Constitution to make the FATA territories squarely under its law. Additionally, the Swat deal seems to be the only way to curb Maulana Fazlullah, at the moment. If Obama is going to talk about "good Taliban" in Afghanistan, Pakistan certainly has the right to make political negotiations to get a cease-fire. The human impact of the last 3 years on Swat valley has been intense - over 300,000 have fled.
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