In Pakistan, tribal laws under fire

Zarmineh Khan, a 2-year-old girl, has been sentenced to spend three years of her childhood behind prison bars in Pakistan. She and 15 relatives, including women and other children, have been in jail since May because of alleged criminal activity by Zarmineh's uncle, who has fled.

The family is a victim of an enduring practice of collective punishment set up by the British in the 19th century to control unruly Pashtuns in the semiautonomous tribal region bordering Afghanistan.

Zarmineh's case has been brought into focus by the spotlight on Pakistan's hunt for Al Qaeda in the region. Some 600 foreign militants are operating in South Waziristan, where it is believed that Osama bin Laden and his deputy, Ayman al-Zawahiri, may be hiding.

The recalcitrance of tribal leaders to help track down the foreigners has provoked increasingly harsh tactics from Pakistani authorities. Zarmineh's case has added to doubts about the fairness and efficacy of the tribal system of punishment, reigniting calls to reform or abolish the laws that govern the relationship between tribe and state.

"Under the tribal laws, the government has the absolute power to detain or even kill anybody," says Latif Afridi, a lawyer and former legislator. "It is a draconian law adopted by the British Raj and now needs to be changed."

Pakistan's federal laws do not apply in the tribal region. Instead, the area falls under the controversial Frontier Crimes Regulation (FCR). The executive authority of the state is exercised by the government-appointed "political agent," who simultaneously wears the hats of both the executive and the judiciary.

Traditionally, Pakistani military forces have not been allowed to operate freely in the region. Instead, the political agent's access to tribesmen is through maliks, or tribal elders, who work to persuade fellow tribesmen. The loyalty of some maliks is bought with monthly stipends and construction contracts.

To persuade tribesmen to hand over or withdraw support for Al Qaeda "guests," the government used maliks to offer both carrot and stick: Obedience would be rewarded with money, refusal would trigger collective punishment.

However, this time the malik system broke down.

"Some maliks and tribal elders would promise to take action against the militants in the jirgas [councils] in the morning and have lavish meals with militants in the evening," says tribesman Farid Khan.

When nothing concrete was done about the foreigners, out came the stick - and it was aimed collectively at the Yargul Khel clan.

The authorities levied heavy fines and economic sanctions against tribesmen, seizing their property and impounding vehicles. After the March military operation in the capital, Wana, bulldozers tore down homes of wanted local militants, families suspected of hosting foreigners, and their relatives.

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