Rule of Law Programme in Pakistan (Phase II)

Rule of Law Programming in Pakistan-II

With financial support from the German Foreign Office, and technical assistance from the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany, Community Appraisal and Motivation Programme (CAMP), initiated a seven month research project titled ‘Rule of Law Programming in Pakistan’. In addition two detailed research assessments were also conducted under this project.

Jirga is the only formal justice system in Pakistan’s tribal areas. To prevent violation of Human Rights, especially those of women and minorities, 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 was a need to have an in-depth assessment of the Jirga system. Hence, CAMP took the initiative and a comprehensive research was conducted utilizing various research tools and the outcome of this research is ‘Understanding Jirga: Legality and legitimacy in Pakistan’s Federally Administered Tribal Areas’.

The second component of this research project dealt with the legal status of registered Afghans that has changed over time in Pakistan.  Initially they were granted prima facie status; later this status was withdrawn and they were dealt with under the provisions of the Foreigners Act, and later still they were deemed Afghan citizens temporarily resident in Pakistan, with legal authorization to be in the country under the terms of the Tripartite Agreement between the Government of Pakistan (GoP), UNHCR and the Government of Afghanistan (GoA).

In order to understand the legal protection environment for registered Afghans in Pakistan and in the absence of any refugee law, a detailed research study ‘Assessing The Legal Environment Of Afghans in Pakistan’ was conducted to examine how Afghan citizens have approached the Pakistan legal system in the absence of refugee law, and what impact this local law has had on their lives as non-citizens.

Based on these preliminary researches, CAMP intends to implement a project that is based on the recommendations of the assessment conducted in 2010.

For the Jirga Component, the next step for the year 2011 is to develop capacity of different stakeholders and to advocate reforms in tribal Jirga system. Below is the description of proposed activities;

 

• Development of Training Manuals on ‘Reforming Jirga’ For the Following Target Audience
• Three workshops: Three-day training programme for Jirgamaars/elders/members of the Jirga
• Three workshops: Three-day training progrmme for Traditional Qazis
• Three workshops: Three-day training programme for Tribal Youth

• Five one-day session with human rights activists/NGOs/Women groups in Pakistan
• Five one-day Round Table Discussions With Stakeholders
• Fifteen (15) Radio Talk Shows/Phon
  e Inns Program
  
  
  

  mes On Different Radio Channels

• Production of IEC Material
• Publication of Jirga Monitor (reporting on the Jirga Verdicts in FATA)

Similarly, based on the preliminary results of the assessment study, CAMP has identified the following areas for intervention: gaps in capacity amongst CSOs to increase the overall legal literacy of registered Afghans in Pakistan; gaps in capacity amongst CSOs with respect to accessing international human rights treaty body mechanisms; and gaps in research capacity and knowledge of refugee law and international human rights obligations amongst government actors. As a result, CAMP will be conducting the following follow-up activities for Refugee Law Component in the next phase;

• Development (and translation) of materials on the following topics:

• Guide No. 1: Achieving Justice for Registered Afghans in Pakistan: A Reference & Instructional Guide to Institutions, Laws and Procedures for CSO Workers. 
• Guide No. 2: Human Rights Protection for Non-Citizens in Pakistan: A Guide to International Mechanisms and Procedures for Civil Society Organizations (CSOs).  
• Guide No. 3: Determining Registered Afghans’ Needs: A Guide to Quantitative & Qualitative Research Methods for Government & Civil Society Organizations (CSOs).  

• Development & Delivery of Capacity-building Training for CSOs with Respect to Guide No. 1
• Development & Delivery of Capacity-building Training for CSOs & Government Officials with Respect to Guide No. 2
• Development & Delivery of Capacity-building Training for Government & CSOs with Respect to Guide No. 3