JIRGA: TRADITIONAL CONFLICT RESOLUTION MECHANISM – CHALLENGES AND PROSPECTS FOR REFORM
Keywords:
Jirga, Traditional Conflict Resolution, Pashtun Society, Transparency, Human Rights, Gender Discrimination.Abstract
The Jirga, which is a traditional system familiar in the conflict solving among the Pashtun tribal community, has, in the past been a effective tool in conflict transformation, and installation of order among the clans/tribes. This paper aims at describing the structure, functions, and importance of the Jirga and at the same time analyze the modern problems that it encounters. These are issues such as; absence of accountability, awareness and transparency, systemic corruption, constitutional indecision and gender discrimination where women are barred from decision making posts. However, these aforementioned deficits compromises the fairness and legitimacy of Jirga in a retrospective cultural and contemporary legal and human rights framework. This paper concludes that despite the importance of the Jirga, there is a need for major reforms to bring the institution to conform to the constitution, enhance its openness, and address gender issues. If the mentioned challenges are met, the Jirga potentially promises to become more fair and efficient mediation forum that would fill the gap between the traditional and the contemporary legal systems.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.