The M-Jirga

The Mobile Phone Jirga: Supporting Rule of Law in Afghanistan with Online Dispute Resolution August 2009 Contributors: Colin Rule, Chittu Nagarajan, Jin Ho, Sanjana Hattotuwa, Jeff Aresty, Dan Rainey

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The Importance of ROL in Afghanistan “ Afghans will only view their government as legitimate if it provides rule of law. The lawlessness and corruption of the Afghan government are often cited by Afghans as reasons for their disillusionment with the Afghan government and their growing sympathy for the Taliban. To deal with this problem, the United States should assist in the creation and support of a judicial sector strategy for addressing the absence of the rule of law.” Center for American Progress, 6/10/08 ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

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Judge Walks Eight Days For Rule of Law Training Kabul, Afghanistan | Tuesday, December 30, 2008 “ With little else other than a few changes of clothes, a judge from rural Afghanistan said he walked eight days from his isolated district in order to attend a judicial skills training program in Kabul organized by the USAID… “ As you can see, I am an old man,” says the judge, who walked 14 hours per day, sleeping in mosques and in homes of distant relatives and strangers. “Along the way, there were many problems. It was raining, there were no roads, and we had to cross mountains.” A judge for 16 years in the same, isolated district court, the judge said he knew his journey was worth the effort: “I was thinking, the road is so difficult, it is so hard, but the training is so important that it is worth the problems.” {…} “ No doubt, when I go back, I will try to implement the law in my district and make good decisions,” says the judge, smiling and putting away his glasses before looking up to add that he will have to walk another eight days home to do that.” ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

Community Cultural Centers provide information about access to justice and how to use the judicial system Kunduz, Afghanistan | Thursday, May 07, 2009 To bridge the gap between Afghans and the justice system, USAID has established 34 Community Cultural Centers in six of the country’s provinces. The newest center, located in Kunduz, was opened in February 2009. The centers rely on trained local volunteers to educate their fellow citizens about their legal rights and how to defend their rights in Afghanistan’s formal and informal justice systems. The centers reach out to the local communities that they serve. Using a variety of public education materials including comic books, pamphlets, and multimedia CDs, the centers spread information on access to justice, particularly for women and children, to schools, health clinics, local councils, police stations, and NGOs. Center volunteers also provide legal referrals and information on human rights and fair trial principles. The Community Cultural Centers have had a tangible positive impact on the lives of Afghans who seek information and resources there. ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

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Process Flow ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],PARTY A BEGINS JIRGA Complainant initiates the process by dialing the m-jirga line and making their case.

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[object Object],[object Object],[object Object],[object Object],[object Object],For instance, instead of being sent to prison for his crime, the culprit is asked to pay Poar, or compensation money to the victim or the victims' family and to ask for forgiveness. This special custom of seeking apology and eliminating enmity is known as Nanawati among Pashtooon and ‘Uzr among other communities. In the case of an intentional or accidental murder, one form of Nanawati requires that the aggressor go to the victim's house with some elders, Ulama, aged people, some Sadats and old ladies and also take with them a sheep.

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