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1. The Kabul Courts and Conciliators: Mediating Cases in Urban Afghanistan

Author:
Zuhal Nesari and Karima Tawfik
Publication Date:
08-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
USIP observation in the Kabul court system shows that a significant number of legal disputes are being resolved through a combination of formal and informal justice mechanisms, contrary to the assumption that resorting to traditional dispute resolution bodies occurs only in rural areas where legal awareness and access to courts is low. Specifically, the Kabul courts frequently refer cases to conciliators who are not part of the formal judiciary. This yields benefits for both the courts and litigants: Conciliators reduce the courts'; caseload and litigants receive a cost-effective and expeditious alternative to trials. The Afghan civil and commercial procedural codes specifically allow decisions made between litigants and a conciliator to be formally registered with the court, which may provide a legal model for recognition of decisions by traditional shuras or jirgas. In practice, however, litigants are not uniformly provided with the option of settling their cases through conciliators. Therefore, increased public awareness of the legal option to refer cases to conciliators would provide litigants with the relevant knowledge they need to make an informed decision about the best way to resolve their disputes, and reduce the demand for the already overburdened formal justice sector.
Topic:
Crime and Law
Political Geography:
Afghanistan

2. Traditional Dispute Resolution and Afghanistan's Women

Author:
Sylvana Q. Sinha
Publication Date:
12-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
At least 80% of all disputes in Afghanistan are resolved through traditional dispute resolution (TDR) mechanisms, principally community councils called shuras or jirgas. TDR is therefore impossible to ignore as the primary justice institution in the country. Still, most women's groups in Afghanistan tend to oppose international donor or Afghan government support for TDR because they generally exclude women from participation and are known to issue decisions that violate women's rights. In the spring of 2011, the U.S. Institute of Peace in Kabul hosted meetings to examine the broader question of how women can gain greater access to justice. The outcome of the conversations was a more nuanced view of TDR and women in Afghanistan and a recognition that creative engagement rather than condemnation is a more productive approach to resolving deficiencies in women's rights in TDR venues.
Topic:
Conflict Resolution, Gender Issues, Human Rights, Foreign Aid, and Law
Political Geography:
Afghanistan, United States, and Asia