Rule of Law Programme in Pakistan

Reforming the tribal jirga system in Pakistan’s tribal areas

Jirga is deeply rooted in Pakhtun society and has been used since times immemorial as the most preferred justice mechanism because it is conducted by respected elders; it dispenses quick justice, is cheap and has less likelihood of corruption or biasness. It also has an element of compensation for victims and it satisfies both the parties.

It is only recently that a debate on the flaws of the jirga has started. While the complete lack of involvement of women and minorities in the proceedings is one flaw, the other major drawback is the violation of human rights (especially women rights) due to the decisions made by jirga. Although decisions are considered objective (as the decision maker is nominated by both sides) and are based on tradition and religion, critics believe that decisions are made based on what it is acceptable to society, many times going against women and minorities.

Reforming the jirga would be a rather complex and time-consuming process. In order to initiate this process, CAMP proposes to undertake an in-depth assessment of the jirga system to understand the jirga mechanism, its dynamics and potential for bridging modernity with tradition. The comprehensive research would use various tools to collect data on the subject, which would include desk review, perception survey, consultative dialogues and case studies. The research project started on 1 July 2010.

Assessing the legal environment of Afghans in Pakistan

Pakistan has hosted one of the largest refugee populations in the world from neighbouring Afghanistan. Although no formal census of Afghans living in Pakistan was done until 2005, the refugee population was estimated to be over 5 million at the peak of the crisis. In 2010, there are 1.7 million registered Afghans residing in Pakistan.

The Afghan refugee issue in Pakistan is complex with different dimensions. Although much has been said and written about the socio-economic conditions of Afghan refugees, as well as their impact on Pakistan, there is not much awareness or understanding about their legal and protection environment. In the absence of refugee law or other laws dealing with refugees, CAMP aims to conduct a detailed research study to examine how Afghan refugees have approached the Pakistan legal system in the absence of refugee law, and what impact this local law has had on their lives as refugees or foreigners.

The comprehensive research would use various tools to collect data on the subject, which would include desk review, perception survey, consultative dialogues and case studies. The research project started on 1 July 2010