The Politics of Dispute Resolution and Continued Instability in Afghanistan

Date

2011-08

Journal Title

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Volume Title

Publisher

United States Institute of Peace

Abstract

This report argues that the assumed formal–informal dichotomy between justice systems in Afghanistan misdescribes the way in which most cases in the country are resolved. In fact, analysis in late 2010 of data from ongoing research and pilot projects sponsored by the United States Institute of Peace shows that most disputes have been handled by a combination of the two justice systems, with actors in each assuming different roles depending on the location and context of the dispute as well as on the parties involved, which has serious implications for many of the international programs recently created to engage the informal sector. Furthermore, this report suggests that the greatest barrier to local dispute resolution in Afghanistan is the current lack of security and political stability, which has made it more difficult for those involved in either formal or informal dispute-resolution systems to interact effectively.

Description

Keywords

Afghanistan, Afghanistan -- Politics and government -- 2001-, Dispute resolution (Law) -- Afghanistan., Justice, Administration of -- Afghanistan.

Citation

DOI