Rule of Law Programme in Pakistan

With financial support from the German Foreign Office, and legal as well as technical assistance from the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany, CAMP  aimed at conducting two detailed research assessments

• ‘Reforming The Tribal Jirga System In Pakistan’s Tribal Areas’ and
• ‘Assessing The Legal Environment Of Afghans in Pakistan’.
  

The Afghan Citizens issue in Pakistan is complex and multifaceted as after hosting them for three decades both the Government of Pakistan and general public now consider them a burden on the country’s economy and resources. By this time many Afghanis have attained Pakistani nationality. Moreover, a considerable number of Afghan citizens was and is living in Pakistan without any legal document.

Closer investigation further shows that there are also several gaps when it comes to the legal issues or the protection environment of Afghans. This is particularly true for criminal cases, issues of nationality for inter-married couples and their children, birth and educational certificates, and other family cases. This leaves many Afghans vulnerable to the local legal system and often times in the hands of people who are not sensitized to Citizens issues. 

In order to understand the legal protection environment of Afghan citizens in Pakistan and in the absence of any Citizens law, a detailed research study needed to be conducted. Through this research, it is examined how Afghan citizens have approached the Pakistan legal system in the absence of Citizens law, and what impact this local law has had on their lives as citizens or foreigners. The research has reviewed all relevant provisions to determine if they are applicable, particularly if domestic law is in compliance with the constitution and with international treaties that Pakistan is a signatory to.

The second component of the research study dealt with “Reforming the Tribal Jirga System in Pakistan’s Tribal Areas”. Jirga is the only formal justice system in Pakistan’s tribal areas. To prevent violation of human rights, especially women and minorities’ rights, there is a need to recommend reforms in the Jirga system. It should be more sensitive to the universally accepted principles of Human Rights and international standards. However, before taking any steps recommending reforms in Jirga system or to generate dialogue within the policy circles, there is a need for in-depth assessment of the Jirga system.

The research study focused on conducting an in depth research on the Jirga mechanism and its potential capacity to bridge modernity with tradition.

Both the components of this comprehensive research study have used various tools to collect data on the subject, which included desk review, perception survey, consultative dialogues, focus group discussions and case studies. Principal Researchers of both the components are documenting all the research findings and final reports will be completed by June 2011.