Jirga System and Its Role in Peacebuilding and Development in Pakistan’s Terrorism-Affected Pashtun “Tribal” Districts

Abstract

Pakistan’s erstwhile Federally Administered Tribal Areas (FATA) have suffered a lot due to terrorism and extremism after the 9/11 attacks in the United States because these areas were used by local and transnational militant groups as a haven after the U.S. invasion of Afghanistan in 2001. These groups attacked the security forces, the local tribal leaders, and all those who opposed them and killed, many of them to get control over these areas. This resulted in huge physical, economic, social, and psychological damages in the region. To bring the region back on the path of peace and development, Jirgas were held on the local and governmental levels. To explore the role of Jirga, this study used a qualitative method to identify and explain the factors of peace and development. This study also includes primary data where 25 participants, who are/were active and experienced in tribal customary matters, were purposively selected and interviewed through a semi-structured interview guide. Data analysis was performed by using thematic analysis techniques. This study explored that Jirga played an important role in peacebuilding and development in the form of policymaking for FATA; mobilisation for action, restoration, and rehabilitation; resolving local feuds; and the establishment of FATA University in the region. This study recommended that all reforms and efforts must be made under the priorities and needs of the people of former FATA.

Exploring indigenous conflict resolution mechanisms between the Awi and Gumuz ethnic communities in Zigem Woreda, Ethiopia

“…In contrast, it helps to remove division and it helps to bring a feeling of togetherness and tolerance. In line with this, the Jorga system in Pakistan played a significant role in peace-building and restoration in Pashtun tribal districts (Alam, 2021). Another study which was conducted in the Somali region of Ethiopia indicated that the majority of the respondents preferred to settle conflicts through indigenous mechanisms (Bouh and Mammo, 2008).…”

Analysis of effectiveness of dispute resolution council and expenses of the disputants in Mardan-Pakistan

“…and finally, the fee of the advocate. However, the DRC mechanism is totally free of cost and quick justice delivery system, only the transportation cost, were borne by the disputants, while no charges were filed against the mediator/advocate and the case (Alam, 2021). The study area, rural in nature, various kinds of cases/disputes were found between family/relative, friend/business partner, neighbor, community members, etc.…”

“…A research study carried out in Afghanistan points out that the judicial system involved in various illegal ways i.e. long delays in cases and corruption to resolve a conflicting situation resulted in people preferring to resolve their issues through mutual cooperation through Jirga or dispute resolution council/local council (Wardak, 2002; and Alam, 2021). One of the studies carried out in America and other regions concluded that due to the excessive cost and delay in the litigation system the people were inclined towards the ADR for resolution of their disputes, as the ADR was one of the alternates of the formal courts and also more efficient ways of providing access to justice (Burger, 1976; Woolf, 1996; and Khan et al ; 2020).…”

“…One of the studies carried out in America and other regions concluded that due to the excessive cost and delay in the litigation system the people were inclined towards the ADR for resolution of their disputes, as the ADR was one of the alternates of the formal courts and also more efficient ways of providing access to justice (Burger, 1976; Woolf, 1996; and Khan et al ; 2020). ADR and specifically the DRCs are the easiest mechanism to resolve conflicts, as it is cheaper and adopts a speedy process to resolve conflicts (UNDP, Access to Justice: Practice Notes, 2004; Tanveer, 2017; Ali and Geng, 2019; Alam, 2021: and Yousaf, 2021). Though the DRCs provide equal justice to both genders while playing roles as mediators between the conflicting parties, however, there is a need for proper training of the DRCs members on human rights and specifically in women rights to proactively resolve conflicts of women (Arusha Declaration, 2003).…”

“…The whole community widely accepted their decisions, and it is still practiced in the rural areas of Pakhtun culture in Afghanistan and Pakistan (Jirgas in Khyber Pakhtunkhwa, 2015; Yousaf, 2021). Alam (2021) found that the Jirga played an essential role in peacebuilding and development in the form of policymaking for the Federally Administrative Tribal Area (FATA) of Pakistan; mobilization for action, restoration and rehabilitation; resolving local feuds and the establishment of FATA University in the region. During the past two decades, after the invasion of terrorism and militancy, the traditional dispute and conflict resolution through reconciliation process had been destroyed in Khyber Pakhtunkhwa (KP) province.…”