Traditional Dispute Resolution and Stability in Afghanistan
Date
2010-02-16
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United States Institute of Peace
Abstract
Stability in Afghanistan will remain elusive unless disputes between individuals and among
communities can be resolved through peaceful and equitable means. However, state justice institutions are barely functioning in much of the country and are
incapable of meeting many justice and dispute resolution needs of Afghans. Instead, the majority of Afghans turn to traditional justice mechanisms—including tribal
councils and village and religious leaders—to address both civil and criminal disputes.
In many parts of the country, including areas recently cleared of insurgents, the best way to
make signi cant, visible, short-term (12 to 18 months) gains in peacefully resolving disputes
is to work with community-based structures.
USIP has drawn important lessons from its work with Afghan partners to implement pilot
programs exploring links between the state and traditional justice systems in four provinces
across the country (in Nangarhar, Khost, Paktia and Herat).
Programs designed to create or strengthen existing links between traditional justice bodies
and state institutions can build mutual trust and harness the strengths of each.
Donor-funded traditional justice programs need to involve the Afghan government while also
accounting for the practical needs of communities to settle disputes in line with their own
traditions and procedures, as well as Afghanistan’s laws and human rights norms.
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Keywords
Dispute resolution (Law) -- Afghanistan., Justice, Administration of -- Afghanistan.