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1. Promoting Stability and Resolving Provincial Disputes in Afghanistan

Author:
Noah Coburn and Shahmahmood Miakhel
Publication Date:
06-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Currently numerous disputes at the local level are unresolved in Afghanistan, leading to local instability, a growing distance between the government and people and encouraging communities to turn to the Taliban. In March 2010, USIP began working with local elders, government officials (particularly governors and officials from the Ministry of Tribal Affairs) and religious figures to address a range of disputes in Nangarhar and Kunar provinces in eastern Afghanistan. These networks of elders, working closely with government officials and, in some cases, the international military, have addressed conflicts that include land disputes, criminal cases, and disputes involving the Taliban. Since 2010, USIP's Dispute Resolution Project has participated in and recorded the resolution of over 120 cases. The project suggests several methods for facilitating dispute resolution that rely on flexible networks of locally legitimate political figures which will strengthen the government, promote rule of law and decrease the appeal of the Taliban.
Topic:
Conflict Resolution, Peace Studies, War, and Insurgency
Political Geography:
Afghanistan and Taliban

2. 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

3. Traditional Dispute Resolution and Stability in Afghanistan

Author:
John Dempsey and Noah Coburn
Publication Date:
02-2010
Content Type:
Policy Brief
Institution:
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.
Topic:
Conflict Resolution, Terrorism, and War
Political Geography:
Afghanistan and Asia

4. Many Shuras Do Not a Government Make: International Community Engagement with Local Councils in Afghanistan

Author:
Noah Coburn and Shahmahmood Miakhel
Publication Date:
09-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The need to engage local Afghan leaders and support community decision making has recently been promoted as a key element of both development and counterinsurgency strategies in Afghanistan. The resulting proliferation of community councils—commonly called shuras or jirgas— sponsored by different actors within the Afghan government and international community has decreased the effectiveness of local governance and rule of law in many places. Traditional Afghan dispute resolution and governance bodies are most effective when they are formed by local residents and genuinely reflect the interests of the community. Their legitimacy decreases if international or government sponsors create shuras or jirgas to promote their own interests. This paradox creates a dilemma for programs designed to foster good governance: how to promote community self-rule that reflects traditional values and mechanisms and that develop locally, while adhering to rigid counterinsurgency and development timelines and strategies. These so-called 'traditional' political structures have an important place in local governance in Afghanistan, but the international community should not assume that such bodies fairly represent their respective communities. Rather, sound understanding of local dynamics and in-depth consultation with local government actors and community leaders are necessary to help ensure that such bodies are represented and thus, legitimate within the community. A more coherent, sustainable vision of long-term local governance and coordinated strategies between the Afghan government and international forces is necessary to bring both stability and development to Afghanistan. In particular, this Peace Brief supports the attempts to create a coherent long-term goal of local governance based on legitimate local actors, most likely selected through elections.
Topic:
Conflict Resolution, Development, War, and Counterinsurgency
Political Geography:
Afghanistan