SUMMARY
In many parts
of the world, significant and increasing contributions to conflict
transformation and peace building are being made by local practitioners
concerned about peace and stability of their communities, using locally
integrated, indigenous, conflict transformation institutions and
practices. These practices are often suitable to the circumstances in
which they operate as they satisfy the aspirations of the people
concerned. They are often as successful – or more so – than
contemporary institutions and practices. These indigenous institutions are
sometimes more useful than the modern systems, yet we know little about
them. Many of these institutions are undocumented. Methodical and academic
presentation of these structures can provide us with credible tools of
intervention and enable the coming generations of peace builders to
benefit from such documentations.
It
is in this perspective that this team wishes to explore the dynamics of an
indigenous Afghani/Pakistani institution called Jirga. The world has
witnessed the importance of this institution in the aftermath of September
11th, when questions of Afghan rehabilitation and governance
was subject to Jirga, a term unknown to most contemporary societies.
Jirga may be defined as a council of elders from amongst a community, appointed
by the general consent of the community or by the special recommendations
of the parties in dispute to deliberate upon issues to reach a consensus
based on the precedents and in line with the social, ethical and religious
order of the community/society. The
institution of Jirga is practiced mainly in the Pushto speaking areas of
north western and western Pakistan and mainframe Afghanistan. “The
literal meaning of the word is an assembly, which addresses questions
between parties.” As Spain has observed, “the Jirga is the closest thing to the Athenian democracy
that has existed since the original”. The Jirga is responsible for maintaining order in every social
frame of life, from national and international affairs, to individual as
well as collective. It may well be compared to the British Constitution,
which remains unwritten and still effective and organic.
This
project will research the history of Jirga, develop a conceptual
framework, define main principles, compare them with contemporary
structures and document them as a resource and training manual for the
ongoing and forthcoming work on peace building. The work will be a continuation previous work by Mr. Larry King, a
US official of the superior judiciary, who conducted a comparative
research between the tribal institutions of Afghanistan and the United
States in year 2001, and work done by Dr. Patricia Omidian, Medical
Anthropologist and consultant for Afghanistan and Pakistan, with Mr. Ali
Gohar, then Additional Commissioner, Social Welfare Cell for Afghan
Refugees at Pakistan. Mr. Hassan M. Yousufzai, in his capacity as
Assistant Political Agent, organized and facilitated a seminar on the
topic of Reinvigorating the Tribal Jirga in 2001 attended by 500
tribal elders. Gohar and Yousufzai, the principle researchers for this
project, are Fulbright Scholars with a Masters Degree in Conflict
Transformation Program (CTP) from Eastern Mennonite University, Virginia. As part of their studies, Mr. Gohar and Mr. Yousufzai continued
research on Jirga, and presented papers on the Dynamics of Jirga; History
and Philosophy of Afghan Culture and Modern Jirga with focus on
gender issues.
STATEMENT
OF NEED
Pukhtoon
tribal Jirga is one example of the presence and viability of traditional
institutions, which was most recently realized in the aftermath of
September 11, when the term “Loya Jirga” was repeatedly heard through
the media. Such was the importance of the term that the new government was
to be set up through Loya Jirga. But -- what is Jirga? Why is Jirga important to the Pukhtoons? What are the tasks and
responsibilities of the Jirga? Why, when and how does a Jirga succeed or
fail? The present political arrangement in Afghanistan came about after
the international community called Jirga members to a meeting in Bonn. The
future Afghani government will also be set up through a Loya Jirga. Will
the efforts succeed in bringing peace?
The institution of Jirga is the oldest and the most dominant component
of the Pukhtoon culture and yet, so far its history, structure and
activities remain unwritten. In fact this is the only institution that
works as a driving force behind the entire lives of individual Pukhtoons
as well as their tribes. It is the one and only tool for dispute
resolution and consensus building in all areas of life. It works like a
social body, a judicial court, a watchdog, a democratic legislative body
and a diplomatic mission, all at one time. Most of the social institutions
of Pukhtoon life rely heavily on the institution of Jirga for the routine
working of their lives. The
concept of Jirga is uniform in the breadth and length of the Pukhtoon
society spread over a large territory comprising central, southern and
eastern Afghanistan and western and northern Pakistan.
While
working on the earlier research, mentioned above, as well as on our work
at CTP, we, the principle researchers, have realized, following extensive
research on materials available in Pakistan, Europe, and the US, that
almost no material exists on this, the oldest and the most dominant
institution of Pukhtoon culture. While
several historians have written passing comments about Jirga (see
bibliography), no credible study is done to understand its dynamics. We do
know from reliable academicians that there is a dire need to document the
principles and codes of Jirga. The institution has passed from generation
to generation in the typical and traditional oral mode and its dynamics
are difficult for outsiders to understand.
Currently,
there is a growing interest by the international community to understand
Afghan society and to assist in stabilizing the peace. In addition, it is
important for NGOs and other social organizations to adopt professional
methods of interventions to keep their work sustainable in the field. Therefore we want to take up this responsibility to document the
principle of Jirga in a methodical way, to compare the Afghan traditions
of peace work with those of the outside world and to present the work as a
resource and training manual for peace building in Afghanistan for the
present and next generations of peace builders.
PROJECT DESCRIPTION & METHODOLOGY
The
proposed project will produce a resource and training manual Towards
Understanding Jirga (working title), focusing on intermediary roles
and conflict transformation for organizations working at community level
as well as academicians. Parts of the study have already been done,
through our research as part of our Fulbright-sponsored graduate programs,
and by earlier, preliminary work done in Pakistan. We have also done some
academic research on the subject and we will continue to explore major
libraries in the US, UK, and Pakistan for all the relevant material.
In
July, 2002 we conducted a workshop with a wide range of field workers
(about 120) to determine the most useful tribal elders (based on
diversity) to be interviewed for the purpose.
The
work shall comprise of collection of the most authentic history of Jirga
and its principles through selected elder professionals from NWF Province
of Pakistan and Afghanistan, by means of at least 30(over60) qualitative interviews
with important tribal and Jirga elders.
Various
individuals and organizations will be engaged to assist the process at
different stages. These include qualified consultants from the Afghan
refugees Commissionerate, members of the coalition for peace (an
Afghan-based group of past students of EMU and other peace building programs), and prominent peace practitioners and NGOs from Afghanistan and
Pakistan. The questionnaire and methodology for the interviews was
developed and refined during a workshop with representatives of about ten
NGOs and some academicians, in January 2003.
Extensive
interviews were conducted (in Pushto, the language of the Pukhtoon
people) by Mr. Gohar and Mr. Yousufzai, over a four-month period with
approximately 64 well-respected Pukhtoon elders in NWFP, Baluchistan
provinces of Pakistani and
Afghanistan. The interviews
will be transcribed and relevant portions translated into English.
The
results of the interviews will then be presented at two workshops with
other tribal and Jirga elders for verification of contents. The outcome
will then be compared with the modern concepts of conflict transformation
and presented to representatives of NGOs and faculty of the Area Study
Center at Peshawar University for assessment. Finally the draft of the
reference and training manual will be presented to the faculty and staff
of Eastern Mennonite University, under the direction of Dr. Jantzi,
project director, for technical analysis and final approval for
publication. Each chapter will be followed with most frequently asked
questions on the subject for assistance of the reader. The manual will be published in both English and Pushto languages. Hard-copy, CD-ROM, and web versions of the manual will provide for
wide distribution and easy accessibility by practitioners and
academicians.
OBJECTIVES
The
manual will seek to fulfill the following objectives.
-
It will document the dynamics of Jirga in its
totality.
-
It will define the principles of Jirga.
-
It will compare the components of Jirga with
contemporary institutions
-
It will serve as a handbook for the outside peace building, humanitarian, and development workers for a better
understanding of the cultural dogmas of the Afghan society.
-
It will serve as a training manual for the grassroots peace building
for the Afghan children, youth and women.
-
it will serve as a handbook for professional Jirga
members
PRELIMINARY
OUTLINE
Since
the manual will be developed collaboratively with the contributing
organizations, on-ground interviews with at least thirty known experts on Jirga and a series of feedbacks and data evaluation, the following outline
is tentative. Each chapter of the manual will end with a series of most
frequently asked questions.
CHAPTERS
1. Introduction
2. Definitions and historical background
3.. Spiritual and inherent roots of Jirga.
4. Essentials of Jirga
5. Intermediary roles of Jirga
-
Proactive appeal
-
Preventive intervention
-
Facilitation
-
Mediation
-
Arbitration
6. Transformations, Reconciliation and Restoration within the Jirga
7. Roles of Jirga
Judicial
8. Efficacy and Distinctive nature of Jirga
Role of religion, role of law, role of society, role of
tradition and Spiritual/inherent roots of Jirga
WORK PLAN
Work
done prior to grant project:
1. Available books and previous research on the subject. The two primary researchers and the program manager will
write an academic research paper by July, 2002.
2. Consultations and Identification of Potential Interviewees. The principle researchers are in consultation with a number of
NGOs, prominent practitioners of Jirga, and member of Civil Society, to
get a continuous feed back on the process and the outcome of the effort.
Work plan
for (January 2003 – September 2004)
1. Develop questionnaire for interviews through group
discussions with representatives of NGOs, field workers and resource
people. (January 2003)
2. Qualitative interviews with 64 prominent / elderly Jirga elders
both from Afghanistan and Pakistan. (February-July 2003)
3. Transcription, partial translation and assessment of
interviews. (August 2003 to February 2004)
4. First draft of manual and preliminary editing. (March 2004)
5. Review workshops on draft findings by locals/elders. (April
2004)
6. Compilation of revised draft manual and technical review by
Project Director Vernon Jantzi and others at the Conflict Transformation
Program at Eastern Mennonite University. (May 2004)
7. Review of work by professionals/academicians at
Area Study Centre, Peshawar University. (February 2004)
8. Final Draft analysis at EMU (March-Mid April 2004)
9.
Translation in Pushto and Printing/ Publication. (April-July 2004)
10. Circulation (August-September
2004)
EVALUATION
Several methods will be employed to measure the usefulness of the manual
both during development and following the publication.
-
A group of
academicians/intellectuals and the ten contributing NGOs (both from
Afghanistan and Pakistan) have contributed in development of the
questionnaire and they provide ongoing critique of the manual during
development stages, in terms of appropriateness in their particular
context, allowing for revision and improvement during the writing process.
-
The transcripts of the 64 qualitative interviews will be
evaluated at two separate workshops with other tribal/Jirga elders.
-
The rough draft of the manual shall be presented to the
group of intellectuals for evaluation.
-
The faculty of EMU will evaluate a final draft under the
supervision of the project director Dr. Vernon Jantzi.
DISTRIBUTION
OF FINAL PRODUCT
The work shall be presented in two languages, i.e. Pushto
and English.
The work shall be available for free circulation to various
international libraries and net works of peace building organizations.
1. Hard Copies and CD ROMs
2. Web Page of CTP, www.emu.edu
3. Web pages of other organizations.
RESOURCE
PEOPLE
The
Project Director, Dr. Vernon E. Jantzi is the Director of Conflict
Transformation Program at Eastern Mennonite University. The two major
collaborators are Hassan M. Yousufzai, who worked as Assistant Political
Agent at Bajaur Agency and Ali Gohar who worked as Additional
Commissioner, Social Welfare Cell at Afghan Refugees Commissionerate (a
UNHCR initiative). Amongst the prominent collaborators is, Larry J.
King, Esq., who currently practices personal injury and employment law in
Olympia, Washington and serves as appellate judge for Northwest
Inter-Tribal court system. He was awarded a Fulbright Scholarship to teach
and study in Pakistan. Based in Islamabad, September 2000 through January
2001, Judge King, in addition to his tribal Jirga studies, also spent
considerable time in traditional courts with Pakistani judges and lawyers.
List of resource
people is as under and will be revised on availability and willingness of
individuals to patronize and review the work, and help the principal
researches with their valuable contributions which will then form a part
of the final product.
-
John Dixon
-
Larry King, Appellate judge for northwest inter tribal
court system.
-
Usman Yaqub, Commission for Afghan Refugees.
-
Dr. Patricia Omidian, Anthropologist
-
Howard Zehr, Director Conflict Transformation Program,
EMU
-
John Paul Lederach, Professor, University of
Rotterdam.
-
Janice M. Jenner, Director Institute of Justice and
Peace.
-
Swiss Aid, Director, Dr. Batin Shah Safi
-
Javed Akhtar, A senior community based development
practitioner.
-
Nadia Khan, Research Associate
-
Noor Akbar, Research Associate.
PRELIMNARY
/TENTATIVE LIST
* We will appreciate if you like to support our effort
through your feed back or getting us connected to the right people who can
tell us things on Jirga.
DAVID
M HART, GUARDIAN OF THE KHYBER PASS, VANGUARD BOOKS , 1985,PAGE 71
JAMES W SPAIN, THE WAY OF THE PATHANS , OXFORD, 1962 PAGE 50
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