The contemporary era has seen merger, integration and unification currents in the 1990s. Out of three integration processes- the German reunification case was more successful with a relatively smooth merger of the two states as the German Democratic Republic (the former East) merged into the Federal Republic of Germany (the former West). The integration and merger process that characterized the unification of Germany was the close and interlinked efforts of the stakeholders and institutions particularly
the legislative and judicial partnership in bringing political, economic, social and legal change. The KP-FATA merger case in many aspects is analogous to the East and West Germany, the micro analysis of the two cases shows visible political, economic, and social divide among the integrating units. One of the most difficult internal challenges KP government will face (like the Germany unification and integration process) is integrating the FATA population into KP society. The KP Judiciary in this regard can play a pivot role in the integration of FATA people with the rest of the country. But there is general confusion over the contours of the “Riwaj Act” and its consonance with the traditional Jirga system and the local justice system. The confusion amplifies over the proposed extension of local legal system to an area with conservatism as its core belief system- the case in this regard will be the extension of family courts to FATA. In this respect discourse between the two principle institutions i.e. provincial judiciary and provincial legislature is needed to mutual identify the impediments to the extension of local justice system and work out legal modalities for the smooth extension of local justice system that is more compatible with ‘Riwaj Act’ and that it may not ensue in conflict with the fundamental rights as well as other substantive laws extended to FATA.
The main objective of the workshop was to initiate a discourse on the future of legal setup in FATA vis a vis the “Riwaj Act” and Jirga System. Identification of issues and challenges in the duplication of local legal system to FATA and the legislative role in solving the impediments to the extension and working of the local justice system to FATA. The expected outcome will be clarity on the legal setup to be extended to FATA. Identification of issues and their legislative solution in the duplication process – extending the local legal system to FATA.