Understanding the Dilemma of District Kurram: Extension of a New Social Contract Without Mainstreaming FATA

The 2024–2025 Kurram Conflict

What began as an agricultural land dispute between the Boshahra and Mali Khel Tribes turned into a cycle of retaliatory violence that engulfed nearly all the villages of Upper Kurram, including Kunj Alizai, Pewar, Balishkhel, Khar Kalay, Muqbal, and Para Chamkani among others. It ended with a short-lived ceasefire, but not after claiming the lives of 49 People. Tensions remained high, leading to the closure of roads and severely disrupting daily life, as schools and markets were also shut down. Even after the ceasefire, people had to use convoys to go from point A to point B. However, with all the security available, these convoys were targeted by extremists and terror groups. This resulted in a Muqbal convoy being attacked allegedly by Zaynabiyun Brigade near Nastikot on 12 October 2025, which claimed the lives of at least 17 individuals. Extremists vowed to take revenge and targeted a Shia convoy travelling from Parachinar to Peshawar on 21st November 2024. Among the victims were women, children, and the elderly. The local population gave some of the victims' refuge to save their lives. According to some reports, at least 100 people were killed in this attack. To avenge, on 22 November 2024, the tribal lashkar from Upper Kurram retaliated and burned down Bagan Bazar, Talo Kwanj, and Badshah Kot. However, it was later revealed that the torching of Talo Kwanj and Badshah Kot happened due to an ongoing land dispute between the Kurram tribes. Afterwards, the clashes started at Chardewal, Jalaimay and Irfan Kalay between Sunni and Shia armed groups. This led to the complete closure of roads, schools, and markets, which had a profound effect on Upper Kurram, as extremists in Lower Kurram blocked all convoys and attacked those transporting food, fuel, and medicinal supplies to the Upper Kurram. Meanwhile, due to the closure of roads, helicopters were used to transport essential medicines and evacuated the sick to Peshawar. Ironically, the local administration also failed to open a road and till to date, the fate of Kurram hangs on a thread that can tilt towards chaos at any time due to a lack of action against sectarian and extremist elements present in Kurram.

Historical Background

After the 1857 rebellion, Britain established direct governance over the Indian Subcontinent to consolidate more control over the territories. The tribal areas alongside the North-West Frontier Province were conquered and brought under British rule. Due to the resistance of these tribes, conventional colonial control proved ineffective. The British formalised a new administrative structure for these units, governed under a new set of laws distinct from the rest of British India. These new administrative units, called 'agencies', retained their cultural and tribal laws and customs while being under the indirect rule of the British. The aim was to use these agencies as a buffer zone to prevent Afghan or Russian penetration into India. This new setup included the present modern-day District Kurram, which was unique and distinct from the other agencies. It is the only agency that has land and revenue records, outlining land arrangements and rightful owners. However, Kurram has been plagued by conflicts between different tribes, mainly arising from unresolved land issues; these conflicts often spiral out of control due to a lack of legal enforcement of laws and the government's failure to address these problems.

The Frontier Crimes Regulation

Before 2018, the tribal areas were governed through a special set of laws called the Frontier Crimes Regulation, or FCR in short. These 'Black Laws', as known by the local populace, stripped people of their basic human rights through inhumane clauses in FCR, such as the infamous Clause 21 of Collective Punishment, which permitted holding individuals or their relatives accountable for offences committed in their tribal areas. Section 23 of the FCR holds the whole tribal community responsible for murder if a dead body is found in their village. Section 56 allowed the sale of an offender's property to recover the outstanding dues. These were some of the few clauses that have led to these laws being labelled as draconian or 'Black Laws'. After the formation of Pakistan in 1947, Kurram and Federally Administered Tribal Areas (FATA) in general were largely ignored by the Federal Government as they were under the indirect rule of the President through the Governor of Khyber Pakhtunkhwa and then Political Agents. These political agents held immense judicial and executive authority. During the British Raj, these political agents ensured that Britain ruled over these areas. In the context of the Kurram Agency, political agents held an even more critical position, as Kurram stood out from other agencies due to its proximity to Kabul and its huge fertile lands.

Land Disputes and Unjust Decisions

The records clearly show land allotted to the Government, tribe, and individuals. However, when a Jirga was formed by the Political Agents to solve land ownership issues, he would select two elders whom he favoured and would follow his command, and they were called 'Sarkari Mashraan' and were known by the people as well. The remaining two elders were elected by the opposing parties. However, as per land and revenue records, it mentions the ownership of the tribes and individuals. However, decisions were taken by the Jirga according to power dynamics. A decision would be given in favour of that person who would have more power and influence. Moreover, in some isolated cases, if a correct and just decision is taken, then it would face problems in the implementation process. The absence of a legal system and competent local administration gave birth to these conflicts in Kurram, which, with the passage of time and international conflicts, transformed into sectarian conflicts.

Extension of a New Social Contract — 25th Amendment

When FATA was merged with the province of Khyber Pakhtunkhwa through the 25th amendment, a new social contract was extended, and there was much hope and optimism. However, over the years, the situation has remained largely unchanged and has worsened over time. The judiciary was expanded to resolve disputes, but many cases remain unresolved due to non-implementation, rendering the judiciary ineffective. Bloodshed has persisted with minimal government involvement, with some even challenging the writ of the state. Before the merger, the FATA Reforms Committee, led by the late Sartaj Aziz, was formed to transform these agencies into the Newly Merged Districts but certain promises were made to mainstream FATA, such as a 3% share in the National Finance Commission in divisible pool and 2.1 billion PKR from the annual development program. Unfortunately, none of these promises were fulfilled, and the tribal areas continue to suffer due to underdevelopment and a lack of facilities. Similarly, the conflicts over land and resources between Ahle-Sunnat¹ and Ahle-Tashee² are still prevalent. There is no guarantee of security and safety due to the non-implementation of laws and the absence of effective legal enforcement. The Khyber Pakhtunkhwa Government has formulated plans for land records, such as through the "Settlement and Digitization of Land Record in Merged Districts" project with the United Nations Development Program (UNDP) serving as the pilot project, providing technical assistance to the Board of Revenue, Government of Khyber Pakhtunkhwa. They have digitized the land records of Alamsher and Dingeel in upper Kurram using a GIS-based digital system under the Merged Areas Governance Project (MAGP). Their effectiveness can be debated upon, but it is still considered positive steps towards institutional reform; however, the rest of the Kurram is waiting for digitalization and implementation. It is observed that the initial response to the merger was positive among the people; however, it has since become an utter disappointment due to poor governance and insecurity.

What Next?

It would be highly dishonest to claim that the merger had not brought any sort of positive outcomes. The amendment gave much-needed rights to women, including access to the courts. It also improved prospects for girls' education, introduced comprehensive district-level policing, facilitated ways to approach district administration in comparison to pre-2018, and led to the dissolution of FCR. To move forward, guidance should be taken from the FATA Reforms Committee Report (2016). Adequate funds should be released for development, and cases should be resolved according to merit to avoid further conflicts and sectarian divide.