Pashtoon Jirga system: A Traditional Approach to Justice

Abstract

This paper examines the history, cultural significance, and legal issues of the Jirga system, with particular regard to the way it compares to the international human-rights frameworks. The major issue with Jirgas is that they are unofficial. Universal Declaration of Human rights (UDHR), international covenant on civil and political rights (ICCPR), conventions on elimination of all forms of discrimination against women (CEDAW) all international human-rights treaties also denounce the Jirga system. Such international documents emphasize fairness, equality and due process-ideas that are usually disregarded by the traditional Jirga ruling. These are issues, but Jirgas continue to play a significant role in the life of the tribes. Reforms are becoming necessary in order to strike a balance between tradition and law protection. One of the solutions that are promising is an alternative dispute resolution (ADR) mechanism of taking Jirgas into the formal legal framework. The Quran places strong emphasis on justice and equity and reads, "O you who believe! Stand out firmly for justice, as witnesses to Allah, even if it be against yourselves, or your parents, or your kin, or the rich or the poor." (Quran 4:135), ideals which should direct any dispute resolution system.