of violence it had put in circulation – giving rise to the TTP. Between 2004 and 2014, the Pakistan
army engaged in a series of military operations to quell TTP militant activity in the region, which
had spread across Pakistan, targeting major military bases and civilian centre.28
The detainees discussed in this report were abducted, detained, and repatriated as these military
operations were carried out. Until 2010, however, there was no official reporting on FATA residents
disappearing across the border, abductions, or that they were being held captive by American
authorities. Military activity in the region was not limited to targeting identified outfits of militant
activity. It also wreaked havoc across the agencies in North and South Waziristan, creating over 5
million IDPs attempting to escape indiscriminate violence.29 Yasir Wazir described how impossible
it was to live as a listed suspected terrorist under the Fourth Schedule status.30 His movement
was so restricted that he could not find employment outside a certain radius, nor shift his family
to better housing. Upon arrival in Pakistan, many detainees were placed in jails and internment
camps by authorities, again without charges. This was possible due to The Actions (in Aid of Civil
Power) Regulation, 2011 which allowed for the creation and use of internment centers for FATA’s
residents.31 Indiscriminate and harsh punishment for presumed suspicion of terrorist leanings and
links introduced new forms of surveillance to FATA, informed detainees’ and their families’ major
and daily decision-making, and routinized the effects of violence on their lives, including daily
symbols and reminders of fear, limitations, and uncertainty.
FATA as a state of exception
Following 9/11, the international legal order was contorted to acquiesce to the demands of an
American legal system undergoing modification based on the idea that the existing framework
could not deal with the new ‘threat to national security’. To facilitate and ideologically support
the war on terror, the US Congress passed The Patriot Act, which increased the capacity of law
In 2004, Pakistan’s army began small-scale operations against militant outfits in South Waziristan. By 2009, a
full-scale operation titled Rah-e-Nijat was launched in South Waziristan and Rah-e-Rast to contain the spill-over of
militant groups and activities into Swat, Khyber Pakhtunkhwa. Then, in 2014, following the Army Public School attack in
Peshawar, operation Zarb-e-Azb came into effect in North Waziristan.
29
Saad Sayeed and Radha Shah write about how dispossession and repatriation in 2016 in FATA involved stories of
surveillance and harassment. During the operations, residents reported routine mistreatment at the hands of the army
and entire villages were held responsible for harboring and abetting suspected terrorists, under the continued use of
the colonial era Frontier Crimes Regulation of 1901 (FCR), a special set of laws to address criminality and punishment
in FATA. Sayeed, Saad & Shah, Radha. “Displacement, Repatriation, and Rehabilitation: Stories of Dispossession from
Pakistan’s Frontier.” Stiftung Wissenschaft und Politik German Institute for International and Security Affairs. April 2017.
30
Under the 1997 anti-terrorism act, wide legislation was introduced to apprehed anyone suspected of terrorist
activities. This included a list known as the Fourth Schedule to which names of suspected terrorists could be added,
requiring listed individuals to report regularly to police, and which prevented and restricted their travel around and
outside the country, public gatherings, and speech, and stripped them of CNICs and froze their assets. One could remain
on the list for three to an indefinite number of years. Shigri, Afzal, A. “A Flawed Anti-Terrorism Law,“ Dawn. Dec. 23, 2016.
31
Amin, Akhtar. “Notices Issued As PHC Moved Against Internment Centres,” The Express Tribune. March 2019.
https://www.thenews.com.pk/print/478621-notices-issued-as-phc-moved-against-internment-centres
28
12