In Pakistan, the legal framework addressing the rights of indigenous and tribal persons is shaped by a combination of international conventions, national laws, and customary practices. Pakistan ratified the International Labour Organization (ILO) Convention No. 107 on Indigenous and Tribal Populations in 1960, which remains the primary international legal instrument guiding its policies in this area. Despite this ratification, the implementation of the convention has been limited, mainly to some service delivery in tribal areas, and Pakistan has not yet ratified the updated ILO Convention No. 169, which offers more robust protections for indigenous and tribal peoples. In 2007, Pakistan supported the United Nations Declaration on the Rights of Indigenous Peoples, reflecting its formal commitment to the rights of these communities on an international level.
Domestically, the legal status of indigenous and tribal persons is notably complex and varied across different regions. In areas such as the former Federally Administered Tribal Areas (FATA) and Provincially Administered Tribal Areas (PATA), traditional and customary laws have historically governed local matters, with limited intervention from central or provincial governments. The Frontier Crimes Regulation (FCR), which was in place until its repeal in 2018, allowed for significant autonomy in these regions, reinforcing customary legal practices and tribal leadership roles in governance. The integration of FATA into Khyber Pakhtunkhwa (KP) province aimed to bring these areas under the purview of the national legal system, but the transition has been fraught with challenges, including resistance from local tribal leaders and complexities in implementing national laws in regions accustomed to self-governance.
The Kalash people in Chitral represent one of the most distinct indigenous groups in Pakistan. They are renowned for their unique cultural and religious practices, which include the worship of ancestral spirits and nature. However, the Kalash face pressures from religious conversions and socio-economic changes, which threaten their traditional way of life. Legal protections specific to the Kalash are minimal, and their situation underscores the broader challenges of safeguarding indigenous cultures within a predominantly different socio-religious national context.
Overall, while Pakistan has made some strides in recognizing the rights of indigenous and tribal persons through international commitments, the translation of these commitments into effective legal protections and socio-economic benefits remains a significant area for development. The integration of tribal regions into the national legal framework continues to pose substantial challenges, requiring a sensitive balance between respecting traditional practices and ensuring the equitable application of national laws.
The legal framework governing indigenous and tribal persons in Pakistan is complex and nuanced, largely influenced by colonial-era laws and limited contemporary legal recognition. The Government of Pakistan does not formally recognise indigenous peoples as a distinct category; instead, it references them as “tribal” populations. Consequently, there is no specific policy aimed at protecting the rights of indigenous and tribal peoples.
Local Laws:
Historically, the administration of tribal areas has been governed through regulations enacted during British colonial rule. These laws include:
- The Frontier Crimes Regulations, 1901 (Regulation III of 1901): This regulation was designed to suppress crime in certain frontier districts, including the divisions of Quetta and Kalat, the district of Lasbela, the Nasirabad Sub-Division of Jacobabad district, the added areas of Hazara and Mardan districts, and the former excluded areas of Upper Tanawal and the Baluch area of Dera Ghazi Khan. The regulations provided for a system of justice distinct from the rest of Pakistan, often criticised for its draconian measures and lack of due process.
- The Pakistan (Punjab Boundary) Order 1950: This order integrated the Baluch tribal area of the Suleiman mountains into Punjab (specifically into the district of Dera Ghazi Khan) as a de-excluded area, thereby extending the jurisdiction of Punjab’s laws to this region.
International Treaties:
Pakistan has ratified several international treaties and conventions that touch upon the rights of indigenous and tribal populations:
- ILO Convention No. 107 on Indigenous and Tribal Populations (1960): This is the only international convention specific to indigenous and tribal peoples that Pakistan has ratified. However, the implementation has been limited, mainly to service delivery in tribal areas. Pakistan has not ratified the more comprehensive ILO Convention No. 169.
- United Nations Declaration on the Rights of Indigenous Peoples (2007): Pakistan voted in favour of this declaration, signaling its formal support for the rights of indigenous peoples at the UN General Assembly.
Core International Human Rights Instruments Ratified by Pakistan:
- International Covenant on Economic, Social and Cultural Rights: Signed on 3 November 2004 and ratified on 17 April 2008.
- International Convention on the Elimination of All Forms of Racial Discrimination: Signed on 19 September 1966 and ratified on 21 September 1966.
- International Covenant on Civil and Political Rights: Signed on 17 April 2008 and ratified on 23 June 2010.
- Convention on the Elimination of All Forms of Discrimination against Women: Acceded on 12 March 1996.
- Convention on the Rights of the Child: Signed on 20 September 1990 and ratified on 12 November 1990.
- Biological Diversity Act, 2007 (Access to Biological Resources and Community Rights Act 2007): This act, though not specific to indigenous peoples, includes provisions relevant to the rights of communities over biological resources.
In summary, while Pakistan has taken some steps toward recognizing the rights of tribal populations through international commitments, the domestic legal framework remains inadequate. The integration of tribal areas into the national legal system continues to face significant challenges, including resistance from local communities and the complexities of transitioning from customary laws to formal legal structures
Local Laws
Basically, the Government of Pakistan does not recognize indigenous peoples in Pakistan. Any reference to them is made with the term “tribal”. As such there is no specific policy on the indigenous and tribal peoples. Under special administrative arrangement in FATA and PATA, the Government has been running the affairs of some tribal areas through regulations or laws enacted during the British rule.
These laws are as follows:
The Frontier Crime Regulations, 1901 (Regulation III of 1901) provide for the suppression of crime in certain frontier districts (i.e. divisions of Quetta and Kalat, district of Lasbela, Nasirabad Sub-Division of Jacobabad district, the added areas of the Hazara and Mardan district, and former excluded areas of Upper Tanavaland, the Baluch area of Dera Ghazi Khan).
The Pakistan (Punjab Boundary) Order 1950 merged the Baluch tribal area of Suleiman mountains into Punjab (district Dera Ghazi Khan) as a de-Excluded Area.
International treaties on indigenous people and environmental issues (including declarations and conventions) which have been ratified by Pakistan
The only international convention specific to indigenous and tribal peoples which Pakistan has ratified (in 1960) is the “ILO Convention on Indigenous and Tribal Populations” (Convention No. 107). The implementation of the convention, however, could not go beyond some service delivery in tribal areas. Pakistan has so far not signed the updated the ILO Convention 169 on indigenous and tribal peoples. In 2007 the country voted for the approval of the United Nations Declaration on the Rights of Indigenous Peoples by the UN General Assembly.
The core international human rights instruments, treaties and conventions signed and ratified by Pakistan are:
- International Covenant on Economic, Social and Cultural Rights (Signed on 3 November 2004 and ratified on 17 April 2008).
- International Convention on the Elimination of All Forms of Racial Discrimination (Signed on 19 September 1966 and ratified on 21 September 1966).
- International Covenant on Civil and Political Rights (Signed on 17 April 2008 and ratified on 23 June 2010).
- Convention on the Elimination of All Forms of Discrimination against Women (Accession on 12 March 1996).
- Convention on the Rights of the Child (Signed on 20 September 1990, ratified on 12 November 1990).
- Biological Diversity Act, 2007 (Access to Biological Resources and Community Rights Act 2007).
