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81. 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

82. A Review of the 2001 Bonn Conference and Application to the Road Ahead in Afghanistan

Author:
Mark Fields and Ramsha Ahmed
Publication Date:
11-2011
Content Type:
Working Paper
Abstract:
Ten years ago in Bonn, Germany, the United Nations Envoy to Afghanistan, Ambassador Lakhdar Brahimi, and U.S. Envoy to the Afghan Opposition, Ambassador James Dobbins, led a diverse group of international diplomats and warriors to consensus and charted the political course for Afghanistan well into the decade. The process that led to the Bonn Agreement (Bonn 2001, or Bonn I) reflects the best of U.S. and United Nations statesmanship and was the result of the effective application of military and diplomatic power.
Topic:
Conflict Resolution, Security, NATO, United Nations, War, and Peacekeeping
Political Geography:
Afghanistan, United States, and Germany

83. Constitutional Interpretation and the Continuing Crisis in Afghanistan

Author:
Scott Worden and Sylvana Q. Sinha
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The recent controversy in Afghanistan over the outcome of the 2010 parliamentary elections ultimately resolved the question of who sits in Parliament, but left a more fundamental question unanswered: "Who has the power to interpret the Afghan Constitution?" Ambiguities in the language of the Constitution make it difficult to determine who has the legal authority to interpret it. The Supreme Court maintains that the Constitution gives it the power of judicial review, but the Constitution also calls for the Independent Commission on the Supervision of Implementation of the Constitution (ICSIC), which the Parliament has mandated to decide constitutional issues instead. Without political and legal consensus over who has final authority to decide different types of constitutional claims, Afghanistan cannot achieve a rule of law where government activities are subject to consistent and transparent rules. Afghanistan must establish clear and unambiguous rules for constitutional interpretation to avoid damaging crises about political leadership and the separation of powers as the security transition and Presidential election approach in 2014.
Topic:
Conflict Resolution, Democratization, Islam, War, and Insurgency
Political Geography:
Afghanistan

84. Detained and Denied in Afghanistan

Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
In August 2010, General David Petraeus, Commander of the NATO International Security Assistance Force (ISAF) in Afghanistan, announced a shift in U.S. strategy. The United States “cannot kill or capture our way to victory,” he warned. Rather, we must earn the trust of the Afghan people.
Topic:
Conflict Resolution, Foreign Policy, Defense Policy, War, and Prisons/Penal Systems
Political Geography:
Afghanistan and Asia

85. Pakistan 2020: A Vision for Building a Better Future

Author:
Hassan Abbas
Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Asia Society
Abstract:
In recent years, Pakistan has stumbled from one crisis to another. A number of political and socioeconomic challenges threaten to further destabilize a country that already is reeling from insurgencies along its northwestern border. Pakistan's newest democratic government is struggling to maintain control over parts of its territory where militant religious groups are intent on challenging its authority and legitimacy. The country's conflict with India over Kashmir, now in its seventh decade, appears as intractable as ever, and the war in neighboring Afghanistan has deepened instability throughout Pakistan. The transition from a near-decade-long rule under a military dictatorship is slow and complicated, as rampant corruption and politicization of the bureaucracy present huge obstacles to the state-building process.
Topic:
Conflict Resolution, Foreign Policy, Democratization, Development, Economics, Education, and Health Care Policy
Political Geography:
Pakistan, Afghanistan, and South Asia

86. Afghanistan Ten Years After...

Author:
Slavomír HORÁK
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
Obrana a strategie (Defence & Strategy)
Institution:
University of Defence
Abstract:
The article focuses on the analysis of the internal politics of Afghanistan after 2001 and evaluates the results of state- and nation-building. The emphasis on internal politics is the only possible way to understand the processes in the country and work out the strategy for the country after the planned withdrawal (or limitation) of foreign troops from the country. In this context, the fragmentation and deepening cleavages among various social strata in the country (ethnic, sub-ethnic) is considered to be a crucial determinant of the development in the country. Several power groups define diverse attitudes towards the character of the future Afghan state. These circumstances could lead to the new round of the military conflict after the removal of foreign troops which are considered as a negative factor by a large part of the Afghan elite, albeit they serve as one of the stabilization factors in the country. However, the international community has (and will have) limited tools and influence to prevent any prospective conflict in the country.
Topic:
Conflict Resolution and Politics
Political Geography:
Afghanistan and Taliban

87. The Commander as Investor: Changing CERP Practices

Author:
Rebecca Patterson and Jonathan Robinson
Publication Date:
03-2011
Content Type:
Journal Article
Journal:
PRISM
Institution:
Institute for National Strategic Studies (INSS), National Defense University
Abstract:
Postinvasion Iraq and Afghanistan have compelled the United States to expand its focus on and capacity for conflict resolution and postwar reconstruction. Our strategic objective in both countries has become the transformation of dysfunctional and war-affected societies into stable, viable, and sustainable states. To this end, economic development and security are regarded as mutually reinforcing elements: without security, development cannot progress far, yet development is essential to attaining security. With civilian aid agencies impaired by prohibitive security conditions and burdensome bureaucratic requirements, the Department of Defense (DOD) has, for the first time in 60 years, become a dominant player in creating the conditions for economic growth in conflict areas
Topic:
Conflict Resolution
Political Geography:
Afghanistan, United States, and Iraq

88. 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

89. Peace and Development Efforts in Afghanistan: A Lost Decade

Author:
Patryk Kugiel
Publication Date:
12-2011
Content Type:
Policy Brief
Institution:
The Polish Institute of International Affairs
Abstract:
When international intervention put an end to the Taliban regime in Afghanistan in late 2001 thousands of Afghans went out to the streets to celebrate a new beginning. After 20 years of bloody civil wars in the country, many had hoped that a new era of stability and prosperity was about to begin. The devastating terrorist attacks in the U.S., which brought the international coalition to Afghanistan, was seen as a guarantee that the West would not abandon the country before it was put back in order. Afghanistan could have been a model of post-conflict reconstruction.
Topic:
Conflict Resolution, NATO, War, Law Enforcement, and Peacekeeping
Political Geography:
Afghanistan and United States

90. India in Afghanistan: Valuable Partner of the West

Author:
Patryk Kugiel
Publication Date:
10-2011
Content Type:
Policy Brief
Institution:
The Polish Institute of International Affairs
Abstract:
On 4 October 2011, India and Afghanistan signed the Agreement on Strategic Partnership, the first of its kind to be endorsed by President Hamid Karzai's government with any foreign country. This comprehensive deal envisages strengthening cooperation between both partners in four key areas: politics and security; trade and economy; capacity development and education; and social, cultural, civil society and people-to-people relations. It foresees more coordination in regional and international forums, including Afghan support for a permanent seat for India in the reformed UN Security Council; establishes a regular Security Dialogue to coordinate the fight against international terrorism, organized crime, illegal trafficking in narcotics and money laundering; calls for more trade, investments and the promotion of regional economic cooperation. Moreover, the deal stipulates joint efforts to develop the Afghan economy and civil service, improve women's rights and in other areas. The deal is the natural fruit of India's decade-long, low-profile engagement in Afghanistan. During these years, India was extending strong political support and significant development assistance to the Afghans. It has risen to the position of a major trade and investment partner of Afghanistan and an “all-weather” friend.
Topic:
Conflict Resolution, Security, Development, Peace Studies, War, and Bilateral Relations
Political Geography:
Afghanistan, India, and United Nations