August 13, 2006
REVIEWS: Last rites for the jirga?
Reviewed by Muqaddam Khan
THE book, Towards Understanding Pakhtoon Jirga, is a good effort in getting us acquainted with the jirga system and its importance in Pakhtoon society. Its modernisation is vital to make it a cogent vehicle for the peaceful settlement of disputes and maintaining peace.
A jirga is a centuries-old institution used for the resolution of conflicts. Jirga is a Persian word meaning a gathering or consultation. Its literal meaning is a traditional institution. The jirga, in its current form, is neither a purely legislative body nor is it a judicial entity. The Pakhtoons see it as a peace-building process. It operates only in the tribal areas and a substantive part is governed by the code of Pakhtoonwali, under which the jirga finds its jurisdiction and authority.
The authors conducted 200 interviews in Federally Administrated Tribal Areas (Fata), NWFP, the Pakhtoon districts of Balochistan and a few provinces of Afghanistan, including Kabul.
The book is divided into seven chapters. The Pakhtoon culture, its various aspects, types and function of the jirga, its formation, procedure, Pakhtoon history, Pakhtoonwali, hujra (common guest house), nanawatay (regret over hostility), teega, (truce), melmastiya (hospitality), paighaur (taunt) and dushmani (enmity), dynamics of the jirga, transparency and its relations to law are elegantly elaborated.
However, in the last two decades, the jirga system declined rapidly. It failed to absorb new developments or found a natural space to grow and strengthen. “Of course, the system of jirga both at the community as well as the governmental level did not improve as much as it needed to in order to compete with the requirements of modern governmental systems.”
One great setback for the jirga is its unwritten nature. Our society’s journey towards development and that of the jirga occurred in two different directions. While the society became modern, the jirga declined steadily. The main hurdles to jirga are: the feeble economic position of Pakhtoons, continuous war in Afghanistan and the headstrong and arrogant nature of Pakhtoons.
The jirga, in its current form, is neither a purely legislative body nor is it a judicial entity. The Pakhtoons see it as a peace-building process
There is no doubt that traditional jirga laws violate human rights as defined by the international community. One example is the jirga recognition of traditions like Swara, where a girl is offered from one family to another as a means of reconciliation, with or without her consent. There is little room for free choice owing to strict adherence to the norms of society. The karo-kari decisions of the jirga in Sindh not only caught the attention of the media but defamed it further. However, the authors do not trace the history of Sindh’s jirga system, which is totally different from the jirga of the northern areas.
The law of the land does not endorse such verdicts and considers them a crime. The legal pundits argued that acceptance of the jirga rule means allowing many parallel systems of justice within the state. In modern times, a uniform system of justice for the entire population of a country is a prerequisite. The present jirgas only succeed in settling disputes temporarily, and do not provide justice. Despite that, the jirga is still a valuable institution for the settlement of disputes in tribal regions and also in Afghanistan.
The authors don’t identify the reasons why Pushto and hujra have been declined which are deeply connected to the status of the jirga and Pakhtoonwali.
Now if the jirga still enjoys a slightly respectable place in Pakhtoon culture, it is because of its previous track record. Jirga, in the past, has resulted in various just decisions even against the influential people as well as criminals. It protected the weaker section from exploitation. It also made quick decisions and kept the people away from getting trapping in the judicial web. Quick access to justice is still not guaranteed to the citizens, particularly those living in traditionally neglected rural areas.
In the old days, no one could even think of bribing the authorities concerned. The jirga members stood by their decision under all circumstances and were supported by the community. Everyone was considered to be equal before the jirga. However, now all these qualities are missing from the jirga which is why people say that the institution has changed. It needs growth and modification in order to adjust itself to the changes of the modern world. The jirga must come out from isolation and if it fails to do so, the emerging NGOs and CBOs will be the last nail in its coffin.
Towards Understanding Pakhtoon Jirga: An Indigenous Way of Peacebuilding and More…
By Hassan M. Yousufzai and Ali Gohar
Just Peace International, 201 City Towers,
University Road, Peshawar
Website: www.justpeaceint.org
ISBN 9698931007
112pp. For free distribution only
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