This brief is based on recent discussions USIP held in Kabul on traditional dispute resolution (TDR) and women’s rights. Based on these discussions and USIP’s research, it outlines recommendations on how to increase access to justice for women. Sylvana Q. Sinha served as rule of law adviser in USIP’s Kabul office from November 2010 to November 2011.

pb 117

Summary

  • At least 80% of all disputes in Afghanistan are resolved through traditional dispute resolution (TDR) mechanisms, principally community councils called shuras or jirgas. TDR is therefore impossible to ignore as the primary justice institution in the country.
  • Still, most women’s groups in Afghanistan tend to oppose international donor or Afghan government support for TDR because they generally exclude women from participation and are known to issue decisions that violate women’s rights.
  • In the spring of 2011, the U.S. Institute of Peace in Kabul hosted meetings to examine the broader question of how women can gain greater access to justice.
  • The outcome of the conversations was a more nuanced view of TDR and women in Afghanistan and a recognition that creative engagement rather than condemnation is a more productive approach to resolving deficiencies in women’s rights in TDR venues.

About This Brief

This brief is based on recent discussions USIP held in Kabul on traditional dispute resolution (TDR) and women’s rights. Based on these discussions and USIP’s research, it outlines recommendations on how to increase access to justice for women. Sylvana Q. Sinha served as rule of law adviser in USIP’s Kabul office from November 2010 to November 2011.

Related Publications

Dismembering Afghanistan’s Ministry of Finance

Dismembering Afghanistan’s Ministry of Finance

Tuesday, March 31, 2020

By: William Byrd

In Afghanistan, where corruption and ineffective government have hampered efforts to build a functioning state, the Ministry of Finance has been a standout performer. Competently run since as early as 2002, the ministry collects substantial revenue, manages aid inflows, pays public employees, funds key public services and has won the confidence of donors. Now, all that is threatened. The Afghan government is eviscerating the ministry—carving out key constituent parts, putting them directly under the presidential palace, and gravely weakening one of the country’s most effective institutions. It’s a move that’s bad for Afghanistan’s governance and financial viability. It will harm the country’s development and jeopardizes the sustainability of peace if an agreement is reached with the Taliban.

Type: Analysis and Commentary

Economics & Environment

Coronavirus Poses Yet Another Challenge to the Afghan Peace Process

Coronavirus Poses Yet Another Challenge to the Afghan Peace Process

Tuesday, March 24, 2020

By: Scott Smith

The Afghan peace process has been at a stalemate for weeks, as President Ashraf Ghani and the Taliban remain far apart on the logistics of prisoner releases. Intra-Afghan talks that were tentatively scheduled for March 10 have not got off the ground. Meanwhile, the disputed presidential election has led to two rival camps claiming the legitimacy to govern. U.S. Secretary of State Mike Pompeo’s effort this week to bring the parties together failed and led the U.S. to reduce aid to Afghanistan. Amid all this uncertainty, Afghanistan is beginning to see the signs of a coronavirus outbreak, which could devastate the country given its poor health infrastructure and pollution problems. USIP’s Scott Smith explains how the coronavirus could further exacerbates an already complex situation.

Type: Analysis and Commentary

Peace Processes

Taliban Fragmentation: Fact, Fiction, and Future

Taliban Fragmentation: Fact, Fiction, and Future

Monday, March 23, 2020

By: Andrew Watkins

For years, the U.S. military pursued a "divide and defeat" strategy against the Afghan Taliban, attempting to exploit the supposedly fragmented nature of the group. Drawing on the academic literature on insurgency, civil war, and negotiated peace, this report finds that the Taliban is a far more cohesive organization than a fragmented one. Moreover, Taliban cohesion may bode well for enforcing the terms of its February 29 agreement with the United States, and any eventual settlement arising from intra-Afghan negotiations.

Type: Peaceworks

Peace Processes

Afghanistan: Can This Be a Real Peace Process?

Afghanistan: Can This Be a Real Peace Process?

Monday, March 23, 2020

By: Sharif Shah Safi

Like every Afghan, I’m watching with fear and hope to see what will emerge from last month’s agreement between the United States and the Taliban. My hope is that it can help end more than 40 years of war. My fear is that the current process may not result in a just and dignified peace where all Afghans are considered equal citizens, regardless of gender, race or ethnicity. I fear that the Taliban’s rigid interpretations of Islamic laws will undermine our country’s gains of the past 18 years: an open media, women’s presence in public spheres, and more.

Type: Blog

Gender; Peace Processes; Youth

View All Publications