Barriers in the Formalization of Land Records in Erstwhile FATA, Pakistan

Abstract

The formalization of land records in Pakistan’s former Federally Administered Tribal Areas (FATA), now integrated into Khyber Pakhtunkhwa Province of Pakistan, has faced resistance and systemic barriers. This qualitative case study aims to explore issues and challenges in land reforms in District Kurram, using in-depth interviews and focus group discussions with tribal elders, local residents, judicial officers, police officers, public prosecutors and lawyers. Thematic analysis identified key challenges, including a lack of historical land records, disputes over collective land ownership, reliance on traditional dispute resolution (Jirga), and widespread mistrust of formal institutions. Women’s systematic exclusion from inheritance rights and share in land further complicates the process. The association of shared land with shared identify of the clan is another barrier in the way of land reforms. The study recommend community engagement initiatives and policies that integrate local customs with formal legal frameworks to achieve equitable land governance in post-merger FATA.