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1. The Politics of Dispute Resolution and Continued Instability in Afghanistan

Author:
Noah Coburn
Publication Date:
08-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
There are numerous sources of local conflict in Afghanistan today, but the majority cluster around a few issues: disputes over land and water rights; family disputes, particularly inheritance; and disputes over control of local positions of authority. Lack of capacity or resources in the formal justice systems has been blamed for the lack of effective dispute resolution. But the fact that disputes were resolved more regularly in Afghanistan before the war years, when the formal justice system had even fewer resources, indicates that other causes are involved. Lack of political and personal security of dispute-resolution practitioners and the increased power of local commanders, whose authority is not community-based, have undermined the traditional dispute-resolution system. At the same time, corruption and inefficiency have delegitimized the formal justice system in the eyes of many disputants. Afghans and foreign donors alike note that Afghanistan has both state (court-based) and nonstate (based upon a combination of customary and religious law) justice sectors, and it is often assumed that these systems solely compete with each other for dispute-resolution authority. USIP research shows that, contrary to assumptions, successfully resolved disputes rely on a combination of formal and informal actors. Indeed, it is common for disputes to move between formal and informal venues and to be considered by a series of local elders and, more rarely, government officials.
Topic:
Conflict Resolution, Security, and War
Political Geography:
Afghanistan

2. Informal Dispute Resolution in Afghanistan

Author:
John Dempsey and Noah Coburn
Publication Date:
08-2010
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Faced with difficulties establishing legitimate, effective rule of law and the predominance of informal or traditional justice mechanisms in Afghanistan, the Afghan government and the international community have increasingly focused on engaging informal justice systems to resolve both civil and criminal disputes. While informal systems vary across the country, they are generally based upon restorative justice and the preservation of communal harmony. They currently resolve the vast majority of legal disputes and other conflicts in the country, particularly in rural areas. Engagement with informal systems and linking such systems to state institutions present some of the more effective opportunities for resolving conflicts and increasing access to justice for all Afghans because they are familiar, locally available, and involve relatively low costs. Such engagement, however, also faces significant logistical, cultural, political, and legal challenges. When engaging informal systems and/or implementing programs to link them to the state, it is important to have sound understanding of local power dynamics and how local dispute resolution systems function. The United States Institute of Peace (USIP) has been working on informal justice in Afghanistan since 2002 and has run pilot projects in six districts that test ways of designing or strengthening links between the state and informal systems to increase access to justice. Some of the best practices identified from the pilot projects include the importance of regular and substantive communication between informal and state justice actors, the promotion of the use of written records of decisions by informal systems, and the monitoring of decisions to ensure applicable Afghan laws and international human rights standards are upheld.
Topic:
Conflict Resolution, Security, and Counterinsurgency
Political Geography:
Afghanistan and United States