This document summarizes the activities and goals of the Community Appraisal & Motivation Programme's (CAMP) Rule of Law Programming in Pakistan (RLPP) project for Phase IV. The project aims to reform the tribal Jirga system through advocacy, sensitization workshops, research studies, and other awareness raising activities. Key goals include extending training sessions to Khyber Pakhtunkhwa and Balochistan, addressing honor crimes through advocacy and research, and continuing to publish the quarterly 'Jirga Monitor' newsletter. The phase will work to minimize honor crimes and sensitize local stakeholders on human rights issues regarding the Jirga system and informal justice mechanisms in Pakistan.
Understanding Justice Systems of Khyber Pakhtunkhwa, FATA & Balochistan: The ...fatanews
This report is an expression of Community
Appraisal and Motivation Programme’s (CAMP)
mission to understand the Pakistani Pakhtun
perspective on access to justice and their way
of resolving conflict.
This report is based on both qualitative
and quantitative data. For the qualitative
information, twenty-four focus-group
discussions (half male and half female) and sixty
key informant interviews were used to gather
insights and opinions. Minutes were recorded,
analysed and utilised to both write this report
and to inform the design of questionnaires.
Because the FGDs were used to inform the
design of the final survey questionnaire, not
all of the questions in the survey were asked
or discussed in the focus groups. Background
and historical material used in the report came
from a review of historical books, newspapers,
reports, articles, journals, and the experience of
CAMP programmes.
The quantitative part was planned to
incorporate the perceptions of 2,400 men
and women on different aspects of justice
and dispute resolution affecting the life of the
people of KP and the Pakhtuns of Balochistan.
The statistics were drawn from interviews and
included the perceptions of 50.27% men and
49.8% women. The objective was to sample
enough adult males and females, urban and
rural, to achieve, a 95% confidence level, a
2% confidence interval for their opinion on
key issues related to Jirgas and the system of
justice for the people of KP and Balochistan.
The newsletter ‘Jirga Monitor’ is an activity of CAMP’s project titled ‘Rule of Law Programming in Pakistan’ (Phase IV: ‘Reforming the Jirga System through Evidence based Advocacy and Sensitisation’), funded by Foreign Office of the Federal Republic of Germany.
In this Issue
Jirga Decisions
Women Rights and Traditional Jirga
Treading the Unknown
Download the complete Jirga Monitor below
CAMP brings you yet another diverse and interesting issue of its periodical newsletter ‘Jirga Monitor’ comprising of major developments and commentaries on the traditional
Pakhtun dispute resolution system.
The Supreme Court of Pakistan recently urged the government to initiate an awareness campaign by involving educational institutions, the media and NGOs to make sure that women were not exchanged to resolve disputes through the Jirga system.
Electoral Conditions in FATA (DRI report, English, April 2013)fatanews
Report also available in Urdu: http://www.slideshare.net/fatanews/electoral-conditions-in-fata-dri-report-urdu-april-2013 --- The report reveals a continuing failure to bring FATA’s electoral conditions in line with constitutional and international obligations and details the many challenges to holding genuine elections that persist in the region. DRI's recommendations identify both the immediate measures and the long-term reforms needed to provide basic political and electoral rights to population of FATA.
The research report presents a comprehensive, first ever analysis of 10-year (2008-2018) legislative performance of the both house of the bicameral parliament.
Second Bi-Annual Progress Report - Ghana aAPRM NPoA (Jan - Jun 2007)Dr Lendy Spires
This report presents the findings and conclusions on a Monitoring and Evaluation survey of the status of implementation of Ghana’s National Program of Action. The overall purpose of the survey is to assess the extent to which various stakeholders have implemented the recommendations raised in the National Program of Action.
During the period under review, NAPRM-GC conducted a number of dissemination workshops aimed at promoting dialogue and obtaining feedback on the progress of implementation of the NPOA. The Council also used the opportunity to distribute copies of the 2006 Annual Progress Report to stakeholders.
Understanding Justice Systems of Khyber Pakhtunkhwa, FATA & Balochistan: The ...fatanews
This report is an expression of Community
Appraisal and Motivation Programme’s (CAMP)
mission to understand the Pakistani Pakhtun
perspective on access to justice and their way
of resolving conflict.
This report is based on both qualitative
and quantitative data. For the qualitative
information, twenty-four focus-group
discussions (half male and half female) and sixty
key informant interviews were used to gather
insights and opinions. Minutes were recorded,
analysed and utilised to both write this report
and to inform the design of questionnaires.
Because the FGDs were used to inform the
design of the final survey questionnaire, not
all of the questions in the survey were asked
or discussed in the focus groups. Background
and historical material used in the report came
from a review of historical books, newspapers,
reports, articles, journals, and the experience of
CAMP programmes.
The quantitative part was planned to
incorporate the perceptions of 2,400 men
and women on different aspects of justice
and dispute resolution affecting the life of the
people of KP and the Pakhtuns of Balochistan.
The statistics were drawn from interviews and
included the perceptions of 50.27% men and
49.8% women. The objective was to sample
enough adult males and females, urban and
rural, to achieve, a 95% confidence level, a
2% confidence interval for their opinion on
key issues related to Jirgas and the system of
justice for the people of KP and Balochistan.
The newsletter ‘Jirga Monitor’ is an activity of CAMP’s project titled ‘Rule of Law Programming in Pakistan’ (Phase IV: ‘Reforming the Jirga System through Evidence based Advocacy and Sensitisation’), funded by Foreign Office of the Federal Republic of Germany.
In this Issue
Jirga Decisions
Women Rights and Traditional Jirga
Treading the Unknown
Download the complete Jirga Monitor below
CAMP brings you yet another diverse and interesting issue of its periodical newsletter ‘Jirga Monitor’ comprising of major developments and commentaries on the traditional
Pakhtun dispute resolution system.
The Supreme Court of Pakistan recently urged the government to initiate an awareness campaign by involving educational institutions, the media and NGOs to make sure that women were not exchanged to resolve disputes through the Jirga system.
Electoral Conditions in FATA (DRI report, English, April 2013)fatanews
Report also available in Urdu: http://www.slideshare.net/fatanews/electoral-conditions-in-fata-dri-report-urdu-april-2013 --- The report reveals a continuing failure to bring FATA’s electoral conditions in line with constitutional and international obligations and details the many challenges to holding genuine elections that persist in the region. DRI's recommendations identify both the immediate measures and the long-term reforms needed to provide basic political and electoral rights to population of FATA.
The research report presents a comprehensive, first ever analysis of 10-year (2008-2018) legislative performance of the both house of the bicameral parliament.
Second Bi-Annual Progress Report - Ghana aAPRM NPoA (Jan - Jun 2007)Dr Lendy Spires
This report presents the findings and conclusions on a Monitoring and Evaluation survey of the status of implementation of Ghana’s National Program of Action. The overall purpose of the survey is to assess the extent to which various stakeholders have implemented the recommendations raised in the National Program of Action.
During the period under review, NAPRM-GC conducted a number of dissemination workshops aimed at promoting dialogue and obtaining feedback on the progress of implementation of the NPOA. The Council also used the opportunity to distribute copies of the 2006 Annual Progress Report to stakeholders.
Third Annual Progress Report: Ghana-NPoA 2008Dr Lendy Spires
This Report is the Third Annual Progress report submitted by the National African Peer Review Mechanism - Governing Council (NAPRM-GC) to the APR Panel. The Report covers the period January – December 2008 and provides an overview of Ghana’s progress in implementing the National Programme of Action. The period under review will witness an election which will transfer power from one government to another government. This comes as a result of the current government having successfully served two consecutive 4-‐year terms. The election will be an acid test to the steadfastness of governance institutions in the country, particularly for the Electoral Commission and security institutions as well as for political parties. These institutions have to date performed creditably and it is the hope and wish of Ghanaians that they continue to do so.
The China Pakistan Economic Corridor and Civil-Military Relations in PakistanIndraStra Global
AIDN0020420160052
April 20, 2016
Author: Dr. Siegfried O. Wolf
Cite the Article:
Wolf, SO. "THE PAPER | China-Pakistan Economic Corridor and Civil-Military Relations in Pakistan" IndraStra Global, Vol.002, Issue No: 04, (2016), 0052, http://www.indrastra.com/2016/04/PAPER-CPEC-and-Civil-Military-Relations-in-Pakistan-002-04-2016-0052.html | ISSN 2381-3652
FATA Local Governance Reforms: Long Road to Nowhere? (report, October 2012, U...fatanews
Summary
Pakistan’s Federally Administered Tribal Areas (FATA) remain mired in an archaic century-old system of indirect governance that provides space in which militant movements have thrived.
President Asif Ali Zardari recently announced the FATA Local Governance Regulation 2012, establishing a system of local councils in the troubled tribal region.
Although the regulation is disappointingly vague, and retains the sweeping prerogatives of the central government, it appears to have been driven in part by the army’s interest in building civilian governance capacity in conflict-torn areas.
The governments of Pakistan and the United States, along with local and international stakeholders, should advocate for continuity of implementation, insist on party-based local council elections, encourage experimentation within the bounds of the regulation, link the new councils to existing development structures, press the government to articulate a longer-term political vision for the FATA, and be realistic about the necessity of the army’s active involvement in shaping governance policy in the tribal areas.
About this Brief
Joshua T. White was a 2011–12 Jennings Randolph Peace Scholar at the U.S. Institute of Peace. He holds a Ph.D. from Johns Hopkins University, and conducted a portion of this research in conjunction with a generous grant from the American Institute of Pakistan Studies. Shuja Ali Malik received his M.Sc. in International Relations from Quaid-e-Azam University, and works as a producer at an Urdu-language news service in Islamabad. The views expressed in this brief do not necessarily reflect the views of the U.S. Institute of Peace, which does not take policy positions. Subscribe to our email newsletter at http://eepurl.com/qnf75
Міжнародний GR форум – це комунікаційний майданчик для обговорення сучасних бізнес-тенденцій, питань ефективної взаємодії бізнесу та влади, лобіювання інтересів української бізнес-спільноти на вітчизняному та міжнародному ринках. Учасники матимуть змогу отримати професійну консультацію експертів, почути готові рішення, підвищити власний професійний рівень, налагодити ділові контакти з партнерами, представниками влади найвищих рівнів, ключовими практиками галузі. Для обговорення проблем та актуальних питань, що виникають в процесі взаємодії бізнесу та влади на форумі зустрінуться провідні українські та зарубіжні експерти у сфері GR та Public Affairs, керівники компаній, представники органів державної влади, спеціалісти у сфері PR та маркетингу, представники наукового та експертного середовища.
The presentation sets out how a substantive rule of law is key for strengthening State-society relations and engagements thereby enhancing stability and State legitimacy.
ROLE OF HUMAN RESOURCE TRAINING AND PERFORMANCE APPRAISAL IN OFFERING LEGAL S...AkashSharma618775
The study was focus on the employees training programs provided to enhance the offering of legal
services and employee’s appraisal system encountered in offering legal services in Kilimanjaro courts.
Questionnaires were used to collect primary data from Kilimanjaro courts. A cross-sectional survey research
design was used in this study. Data were collected from 136 employees of Kilimanjaro courts using simple
randomly sampling. Descriptive analysis was employed to analyze significance between variable. Results of the
study indicate that majority of participants agree that training have contribution in offering legal service. Results
shows that employee training have impact in offering legal services in the study area. At the same time,
respondents agree that appraisal system for staff have more contribution in the overall organizational value. It’s
concluded that employee training and appraisal system have a significant relationship with employee performance
in offering legal services. It is recommended that, more training should be done to upgrade employee in the court
system of Tanzania, but also the feedback for the appraisal should be given to staff as early as possible when the
process is over. This will help staff to make much more efforts in areas where they have not scored higher grades
for their career development.
Third Annual Progress Report: Ghana-NPoA 2008Dr Lendy Spires
This Report is the Third Annual Progress report submitted by the National African Peer Review Mechanism - Governing Council (NAPRM-GC) to the APR Panel. The Report covers the period January – December 2008 and provides an overview of Ghana’s progress in implementing the National Programme of Action. The period under review will witness an election which will transfer power from one government to another government. This comes as a result of the current government having successfully served two consecutive 4-‐year terms. The election will be an acid test to the steadfastness of governance institutions in the country, particularly for the Electoral Commission and security institutions as well as for political parties. These institutions have to date performed creditably and it is the hope and wish of Ghanaians that they continue to do so.
The China Pakistan Economic Corridor and Civil-Military Relations in PakistanIndraStra Global
AIDN0020420160052
April 20, 2016
Author: Dr. Siegfried O. Wolf
Cite the Article:
Wolf, SO. "THE PAPER | China-Pakistan Economic Corridor and Civil-Military Relations in Pakistan" IndraStra Global, Vol.002, Issue No: 04, (2016), 0052, http://www.indrastra.com/2016/04/PAPER-CPEC-and-Civil-Military-Relations-in-Pakistan-002-04-2016-0052.html | ISSN 2381-3652
FATA Local Governance Reforms: Long Road to Nowhere? (report, October 2012, U...fatanews
Summary
Pakistan’s Federally Administered Tribal Areas (FATA) remain mired in an archaic century-old system of indirect governance that provides space in which militant movements have thrived.
President Asif Ali Zardari recently announced the FATA Local Governance Regulation 2012, establishing a system of local councils in the troubled tribal region.
Although the regulation is disappointingly vague, and retains the sweeping prerogatives of the central government, it appears to have been driven in part by the army’s interest in building civilian governance capacity in conflict-torn areas.
The governments of Pakistan and the United States, along with local and international stakeholders, should advocate for continuity of implementation, insist on party-based local council elections, encourage experimentation within the bounds of the regulation, link the new councils to existing development structures, press the government to articulate a longer-term political vision for the FATA, and be realistic about the necessity of the army’s active involvement in shaping governance policy in the tribal areas.
About this Brief
Joshua T. White was a 2011–12 Jennings Randolph Peace Scholar at the U.S. Institute of Peace. He holds a Ph.D. from Johns Hopkins University, and conducted a portion of this research in conjunction with a generous grant from the American Institute of Pakistan Studies. Shuja Ali Malik received his M.Sc. in International Relations from Quaid-e-Azam University, and works as a producer at an Urdu-language news service in Islamabad. The views expressed in this brief do not necessarily reflect the views of the U.S. Institute of Peace, which does not take policy positions. Subscribe to our email newsletter at http://eepurl.com/qnf75
Міжнародний GR форум – це комунікаційний майданчик для обговорення сучасних бізнес-тенденцій, питань ефективної взаємодії бізнесу та влади, лобіювання інтересів української бізнес-спільноти на вітчизняному та міжнародному ринках. Учасники матимуть змогу отримати професійну консультацію експертів, почути готові рішення, підвищити власний професійний рівень, налагодити ділові контакти з партнерами, представниками влади найвищих рівнів, ключовими практиками галузі. Для обговорення проблем та актуальних питань, що виникають в процесі взаємодії бізнесу та влади на форумі зустрінуться провідні українські та зарубіжні експерти у сфері GR та Public Affairs, керівники компаній, представники органів державної влади, спеціалісти у сфері PR та маркетингу, представники наукового та експертного середовища.
The presentation sets out how a substantive rule of law is key for strengthening State-society relations and engagements thereby enhancing stability and State legitimacy.
ROLE OF HUMAN RESOURCE TRAINING AND PERFORMANCE APPRAISAL IN OFFERING LEGAL S...AkashSharma618775
The study was focus on the employees training programs provided to enhance the offering of legal
services and employee’s appraisal system encountered in offering legal services in Kilimanjaro courts.
Questionnaires were used to collect primary data from Kilimanjaro courts. A cross-sectional survey research
design was used in this study. Data were collected from 136 employees of Kilimanjaro courts using simple
randomly sampling. Descriptive analysis was employed to analyze significance between variable. Results of the
study indicate that majority of participants agree that training have contribution in offering legal service. Results
shows that employee training have impact in offering legal services in the study area. At the same time,
respondents agree that appraisal system for staff have more contribution in the overall organizational value. It’s
concluded that employee training and appraisal system have a significant relationship with employee performance
in offering legal services. It is recommended that, more training should be done to upgrade employee in the court
system of Tanzania, but also the feedback for the appraisal should be given to staff as early as possible when the
process is over. This will help staff to make much more efforts in areas where they have not scored higher grades
for their career development.
In S e a r c h o f t h e B e lo v e d C o m m u n ity.docxterirasco
In S e a r c h o f t h e B e lo v e d
C o m m u n ity
b y R o b e r t L. R h o d e s , Jr.* **
a n d T re m a in e R e e s e *
T his A rticle describes th e process by w hich th e G eorgia Appleseed
C e n te r for Law & J u s tic e (Georgia Appleseed) h a s engaged G eorgians in
crucial conversations about critical issues concerning th e re la tio n sh ip
am ong law enforcem ent officers a n d th e com m unity m em bers th ey serve.
We also discuss how G eorgia A ppleseed is w orking to have th e co n ten t
of th e se conversations foster change to law a n d policy designed to
en h an ce police com m unity relations.
T his is a story h a lf told. As of th e d a te of publication of th is Article,
th e fac t-g a th erin g a n d legal re se a rc h described below will have been
com pleted a n d public advocacy for change will have commenced. Time
will tell th e r e s t of th e story.
I. T h e C a l l
The lita n y of n am es is now sadly fa m iliar-M ic h a el Brown, W alter
Scott, F reddie Gray, a n d S a n d ra B land. Less fam iliar nam es b u t closer
to hom e in G eorgia a re N icholas Thom as of S m y rn a a n d A nthony Hill
of DeK alb County. These rec e n t d e a th s following police encounters w ith
com m unity m em bers—m ost often m en a n d wom en of color—a n d th e
su b seq u e n t u n r e s t trag ically h ig h lig h t th e need for action.
“B u t w h a t can we do?” This is th e question t h a t plagued m any
concerned citizens, in cluding th e s ta ff of G eorgia A ppleseed b eginning in
* Director of Projects, Georgia Appleseed Center for Law & Justice. Emory University
(B.A., with honors, 1969); University of Virginia School of Law (J.D., 1972). Member,
Georgia, Florida, and the District of Columbia Bars.
** Director of Community Operations & Affairs, Georgia Appleseed Center for Law &
Justice. Albany State University (B.S., 2003); Georgia College and State University
(M.P.A., 2005); Florida A & M University College of Law (J.D., 2012). Member, Georgia
and Florida Bars.
617
618 MERCER LAW REVIEW [Vol. 67
the late summer of 2014. At least a partial answer came in a call from
a Georgia mayor asking our organization to assist in a police community
relations outreach in the mayor's community. Honored by th at request
but recognizing the statewide scope of these issues, Georgia Appleseed
decided to engage the community on a much broader scale.
Thus, in the spring of 2015, Georgia Appleseed began a process
designed to seek the views of Georgia community members—law
enforcement personnel, prosecutors, defense lawyers, neighborhood
associations, faith leaders, political leaders, nonprofits, and others—both
to help in assessing the nature of police community relations in our state
and to seek recommendations for changes to laws, policies, and practices
th a t could improve or enhance them.
II. T h e o r y o f C h a n g e
Georgia Applese ...
In S e a r c h o f t h e B e lo v e d
C o m m u n ity
b y R o b e r t L. R h o d e s , Jr.* **
a n d T re m a in e R e e s e *
T his A rticle describes th e process by w hich th e G eorgia Appleseed
C e n te r for Law & J u s tic e (Georgia Appleseed) h a s engaged G eorgians in
crucial conversations about critical issues concerning th e re la tio n sh ip
am ong law enforcem ent officers a n d th e com m unity m em bers th ey serve.
We also discuss how G eorgia A ppleseed is w orking to have th e co n ten t
of th e se conversations foster change to law a n d policy designed to
en h an ce police com m unity relations.
T his is a story h a lf told. As of th e d a te of publication of th is Article,
th e fac t-g a th erin g a n d legal re se a rc h described below will have been
com pleted a n d public advocacy for change will have commenced. Time
will tell th e r e s t of th e story.
I. T h e C a l l
The lita n y of n am es is now sadly fa m iliar-M ic h a el Brown, W alter
Scott, F reddie Gray, a n d S a n d ra B land. Less fam iliar nam es b u t closer
to hom e in G eorgia a re N icholas Thom as of S m y rn a a n d A nthony Hill
of DeK alb County. These rec e n t d e a th s following police encounters w ith
com m unity m em bers—m ost often m en a n d wom en of color—a n d th e
su b seq u e n t u n r e s t trag ically h ig h lig h t th e need for action.
“B u t w h a t can we do?” This is th e question t h a t plagued m any
concerned citizens, in cluding th e s ta ff of G eorgia A ppleseed b eginning in
* Director of Projects, Georgia Appleseed Center for Law & Justice. Emory University
(B.A., with honors, 1969); University of Virginia School of Law (J.D., 1972). Member,
Georgia, Florida, and the District of Columbia Bars.
** Director of Community Operations & Affairs, Georgia Appleseed Center for Law &
Justice. Albany State University (B.S., 2003); Georgia College and State University
(M.P.A., 2005); Florida A & M University College of Law (J.D., 2012). Member, Georgia
and Florida Bars.
617
618 MERCER LAW REVIEW [Vol. 67
the late summer of 2014. At least a partial answer came in a call from
a Georgia mayor asking our organization to assist in a police community
relations outreach in the mayor's community. Honored by th at request
but recognizing the statewide scope of these issues, Georgia Appleseed
decided to engage the community on a much broader scale.
Thus, in the spring of 2015, Georgia Appleseed began a process
designed to seek the views of Georgia community members—law
enforcement personnel, prosecutors, defense lawyers, neighborhood
associations, faith leaders, political leaders, nonprofits, and others—both
to help in assessing the nature of police community relations in our state
and to seek recommendations for changes to laws, policies, and practices
th a t could improve or enhance them.
II. T h e o r y o f C h a n g e
Georgia Applese.
this group assignment is covering the following topics:
1. Applied research study on Pakistan based business
2. Gallup’s procedure of poll conduct
3. International Communications Research, note on its services on problem definition process.
4. six stages of problem definition process (based on your own business idea)
Nigeria’s first National Youth Policy1 (NYP), the framework that guides all matters related to youth development in Nigeria, was first formulated in 1989. This was followed up with a new National Youth Policy under a democratic dispensation in 2001 by the Federal Ministry of Youth and Sports. The 2001 NYP made provision for a review every 5 years. A revised one was developed and adopted by the Federal Ministry of Youth Development in 2009. In 2016, the Federal Ministry of Youths and Sports Development (FMYSD) — the ministry responsible for youths in Nigeria — kick-started a review process that is two years late. Nevertheless, for such a document to be comprehensive, it is important that Nigerian youths, for whom the policy was originally designed, are part of the process.
This document is the detailed report on observations of the 2015 general elections in Nigeria. The observation was focused on the inclusivity and accessibility issues in the conduct of the general elections.
Struggle for Rights and Reforms in Pakistan Tribal Areas (Nov 2014 Report)fatanews
Link: http://bit.ly/fatareport | As Printed in the November 2014 Report: FATA Faces FATA Voices.
Shackled for more than one hundred years under an outdated British law, the Federally Administered Tribal Areas (FATA) of Pakistan has been plagued by instability extending well beyond its colonial-era border with Afghanistan. Excluded from essential provisions of the Constitution of the Islamic Republic of Pakistan, the tribal areas are administered through a legal and administrative regulation known as the Frontier Crimes Regulation (FCR), originally imposed in 1901. No act of the Parliament of Pakistan applies to FATA unless extended by special orders from the President of Pakistan. Furthermore and despite the continuous struggle of the people there, FATA enjoys no elected representation at local or provincial levels, and until 1996 tribal citizens had no universal voting rights in elections for the National Assembly of Pakistan.
Link: http://bit.ly/fatareport | Reports and Photographs from the Federally Administered Tribal Areas (FATA) in Pakistan.
Published in November 2014, the report features photos taken by young photographers from FATA, examples of everyday life in Mohmand, Khyber, Kurram and South Waziristan agencies. Images of the iconic Khyber Pass and many towns along the border with Afghanistan lend a real-life dimension to this largely unknown, and often ignored or misrepresented region of Pakistan. In a part of the world where photography is uncommon, these photographs depict subtle interactions of FATA citizens at work, at school and during informal moments throughout the tribal areas.
The report text, entitled "The Struggle for Rights and Reforms in Pakistan's Tribal Areas" describes the history and trajectory of reform demands made by Pakistani citizens, civil society groups and the people of FATA. Also included are quotes from citizens and political leaders, collected to show opinions and visions for the future of FATA. Voices included demonstrate a strong desire for equal rights and equal participation in the context of Pakistan's evolving democracy.
For those who know the tribal areas well, this report may serve as a reminder of the great number of Pakistanis working for a brighter future for FATA. For those previously not aware of the political activities in FATA, the report may provide a new and unique glimpse at the diverse richness of the culture and people in Pakistan's tribal areas.
The 75 photographs were carefully selected from over 1,000 that were submitted for review. All are from young photographers between the ages of 17 and 30, from varied socio-economic backgrounds in FATA. Without their efforts and talent, the report would not have been possible. Many thanks to the photographers--and those featured in their work--for the privilege of sharing these images and the stories they tell.
Photographers: Alimgir Khan, Ammad Ahmed Khan, Azmatullah, Faryal Mohmmand, Faisal Khan, Huma Gul, Irfan Ali, Jebran Yousefzia, Rizwan Bhittani, Rohida, Saba Rehman, Sara Qayum, Seema Gul and Shah Jehan.
Notice to NGOs to Hire Staff from FATA (SAFRON Ministry, 11 Nov 2014)fatanews
After receiving direction from the SAFRON Committee in the National Assembly, the SAFRON Ministry has informed NGOs working in FATA that they should hire the maximum number of employees with FATA domicile and not with Khyber Pakhtunkhwa domicile.
FATA Governance Reforms: Issues and Way Forward (Urdu, CGPA Policy Brief, Oct...fatanews
English version available at: https://www.slideshare.net/fatanews/cgpa-fata-reforms-policy-brief-2014-october --- CGPA policy brief for Pakistan lawmakers to inform debate on legal and political reform for the Federally Administered Tribal Areas (FATA). A timely report when the Senate considers a constitution amendment bill and MNA discussions are underway.
This FATA Reforms News Summary is a 37-page document containing a selection of opinion and news articles regarding recommendations for further reforms in Pakistan's Federally Administered Tribal Areas (FATA). The summary document contains articles, legal documents and other resources from June to October 2014.
The reforms priorities in the document include a Constitution amendment bill presented in the Senate of Pakistan to extend the jurisdiction of High Court and Supreme Court to FATA, a resolution put forward in the National Assembly to shift legislative powers for FATA from the President to the parliament, a new policy brief on FATA reforms by the Centre for Governance and Public Accountability (CGPA), a FATA Committee press release urging equal rights for North Waziristan IDPs, a summary and analysis of the recent Peshawar High Court judgment regarding FATA jurisdiction, and others.
CGPA FATA Reforms Launch Invitation (21 Oct 2014)fatanews
A Center for Governance & Public Accountability (CGPA) policy brief for Pakistan lawmakers to inform debate on legal and political reform for the Federally Administered Tribal Areas (FATA). FATA Governance Reforms: Issues and Way Forward is a timely report as the Senate considers a constitution amendment bill and MNA discussions are underway.
Policy Brief PDF Link: http://bit.ly/cgpafata
FATA Governance Reforms: Issues and Way Forward (CGPA Policy Brief, October 2...fatanews
Urdu version available at: http://www.slideshare.net/fatanews/fata-governance-reforms-issues-and-way-forward-urdu-cgpa-policy-brief-october-2014 --- CGPA policy brief for Pakistan lawmakers to inform debate on legal and political reform for the Federally Administered Tribal Areas (FATA). A timely report when the Senate considers a constitution amendment bill and MNA discussions are underway.
Peshawar High Court FATA Judgment Analysis (2014)fatanews
Article 1(c) of the Constitution of the Islamic Republic of Pakistan defines the Federally Administered Tribal Areas (FATA) as part of the Republic’s territories in addition to the four provinces of Balochistan, Khyber Pakhtunkhwa, Punjab, Sindh and the Islamabad Capital Territory. Chapter 1 (Articles 8-28) of the Constitution guarantees Fundamental Rights to the citizens in the territories of the Republic. The Fundamental Rights, inter alia, include the security of person, safeguard as to arrest and detention, the right to fair trial, freedom of movement, assembly, association, speech, and equality of citizens. Article 8 of the Constitution provides that any law, custom or usage having the force of law, which is inconsistent or in derogation of the Fundamental Rights is void.
In contrast to the spirit of the Constitution and the Fundamental Rights contained therein, there exists no judicial forum for the enforcement of Fundamental Rights in FATA. Justice in FATA is dispensed through a quasi-judicial system in accordance with the provisions of a colonial law known as the Frontier Crimes Regulation (FCR) 1901. The FCR concentrates all judicial and executive powers in the office of the Political Agent/Deputy Commissioner, a senior civil servant of the federal government. In contravention of due process of law, citizens in FATA have no right to fair trial and have little safeguard against arbitrary arrest and detention.
Because of its geographical proximity to Khyber Pakhtunkhwa, , the people of FATA often approach the Peshawar High Court (PHC) for the enforcement of their Fundamental Rights, despite the bar of jurisdiction of the High Courts under Article 247(7) of the Constitution. Several petitions relating to FATA were filed in the PHC during 2013 and 2014, related to four broad categories: 1) illegal detentions by political agents in FATA, 2) service matters of the employees working in FATA, 3) contract matters, and 4) Fundamental Rights. In order to address these petitions in accordance with constitutional provisions, the PHC constituted a “larger bench” for the hearings. The Court also appointed seven eminent amicus curiae to assist it on eight specific points.
The Court, after hearing arguments from counsels for the parties and submissions of the amicus curiae, wherein all the previous judgments of the superior courts were exhaustively discussed (see annex for details), considered the matter and passed its judgment on April 7, 2014. The judgment highlights the contradictions in the enforcement of Fundamental Rights and safe administration of justice in FATA. The Court arrived at the conclusion that it has no jurisdiction in areas that constitute FATA except in relation to the terms and conditions of service of the civil servants, development contracts and detentions that violate Section 86-A of the Criminal Procedure Code of Pakistan.
The mandate of the commission is to formulate and propose clear strategic objectives, strategies, policies and action plans and put forward recommendations for the approval of the Governor Khyber Pakhtunkhwa. The Commission will also overview the implementation of the reform initiatives and propose “mid-course corrections” as and when required.
Mapping PCNA Investments in FATA (January 2014)fatanews
A report of the Post-crisis Needs Assessment implementation support unit for FATA, this document details the previous and ongoing investments in the tribal areas, particularly focusing on areas of work and reform identified in the PCNA document. Complete PCNA document can be found here: http://www.slideshare.net/fatanews/postcrisis-needs-assessment-pcna-for-fata-and-khyber-pakhtunkhwa
Post-crisis Needs Assessment (PCNA) for FATA and Khyber Pakhtunkhwa (Septembe...fatanews
As assessment of needs in FATA and KP as part of the World Bank-implemented Multi-donor Trust Fund project. The document includes concrete recommendations for administrative, political and legal reforms for Pakistan's tribal areas.
The FATA Reforms news update below is a 16-page document containing a selection of opinion and news articles regarding recommendations for further reforms in Pakistan's Federally Administered Tribal Areas (FATA). The summary document contains articles from April to May 2014.
The reforms priorities in the document include the establishing of a new FATA Reforms Commission by recently appointed Khyber Pakhtunkhwa Governor Sardar Mehtab Ahmed Khan, the historic April 7, 2014 judgment of the Peshawar High Court regarding FATA jurisdiction and Article 247 of the constitution, and calls for greater transparency in the tribal areas and others.
Details previous elected National Assembly deputies as well as electoral roll data for the May 2013 elections. Briefing courtesy of http://www.slideshare.net/tayyebafridi
Peshawar High Court Judgment on FATA Jurisdiction (April 2014)fatanews
MAY 6, 2014: The Peshawar High Court (PHC) on Monday advised the federal government to submit a reference in the Parliament for suitable amendments to the Constitution with an aim to protect fundamental human rights in the tribal region. The advice was given by a larger bench in a detailed judgment over matters related to illegal detentions and issues of government servants.
The PHC on Monday issued a 46-page judgment related to Fata, in which a larger bench comprising the then PHC chief justice Mian Fasihul Mulk, present Chief Justice Mazhar Alam Miankhel, Justice Yahya Afridi, Justice Qaiser Rasheed and Justice Malik Manzoor Hussain declared that the high court had jurisdiction to hear cases of the employees of provincial and federal governments serving in Fata.
About arrest of people from settled areas by the political administration, the bench declared that the high court could assume its jurisdiction in illegal arrest by the political administration. The bench stated that the arrest would be illegal if political administration did not fulfil procedure under section 86-A of the Criminal Procedure Code (CrPC), before shifting the arrested persons to tribal areas from the settled areas.
The bench declared that the high court had jurisdiction to hear the cases if the incident or any other agreements on business and other matters took place in settled areas between private parties and action was taken by the political authorities.
The bench said the court would decide its jurisdiction in the service maters of those employees who were directly appointed by the political authorities when such cases come to the court for hearing.
However, the bench declared that the high court had no jurisdiction to hear cases related to various matters occurring in Fata and illegal arrests of tribal people there.The judgment said the political agents’ basic duty was to run the administrative affairs of various tribal agencies, but at the same time they also act as judge and sentenced the tribal people under the FCR.
The bench declared that there was no system to control the unlimited powers of the political agents and that was why they were committing serious violations of fundamental human rights and giving decisions on their own free will and under sub-Article 7 of Article 247 of Constitution their divisions are not challenged in the high court.
Therefore, the court declared sub-article 7 of Article 247 of the Constitution inconsistent with articles related to fundamental rights and advised the federal government to submit a reference in the parliament for suitable amendments to the said article.
“We are advising the federal government to submit a reference in the National Assembly and Senate for suitable amendments in sub-article 7 of Article 247 of the Constitution. People of Fata are citizens of Pakistan, but imposing restriction through this article of the Constitution against tribal people to get fundamental rights.
Local Government in FATA: Failures, Challenges, Prospects (FATA Research Cent...fatanews
ISLAMABAD, April 22, 2014: The tribal people demanded immediate extension of local governments system to tribal territories to mainstream the Federally Administered Tribal Areas both politically and socially with rest of the country.
This was the crux of a Study Report titled "Local Government in FATA: Past Failures, Current Challenges and Future Prospects" launched by Islamabad-based think tank - FATA Research Center - at a local hotel here on Tuesday.
The report is prepared after conducting extensive surveys, interviews and round tables conferences with different stakeholders including tribal people, elders, political and legal experts, academia, media men and government officials.
Speaking at a launching ceremony as a chief guest, Federal Minister for State and Frontier Regions (SAFRON) Lt Gen (R) Qadir Baloch, said the findings of the report are manifesting the fact that tribal people are politically aware and demanding participation in affairs of the state through democratically elected bodies.
The minister elaborated that we haven't decided yet about the date of conducting local bodies elections in entire of Pakistan and will introduce the local government system in FATA before its elections.
Local Government Reforms in Pakistan: Context, Content and Causes fatanews
This paper examines the recent decentralization reforms in Pakistan under
General Musharraf. We highlight major aspects of this reform and analyze its
evolution in a historical context to better understand potential causes behind this
current decentralization. Analyzing the evolution of local government reforms in
Pakistan is interesting because each of the three major reform experiments has
been instituted at the behest of a non-representative centre using a ‘top down’
approach. Each of these reform experiments is a complementary change to a
wider constitutional reengineering strategy devised to further centralization of
political power in the hands of the non-representative centre. We argue that the
design of the local government reforms in these contexts becomes endogenous to
the centralization objectives of the non-representative centre. It is hoped that
analyzing the Pakistani experience will help shed light on the positive political
economy question of why non-representative regimes have been willing
proponents of decentralization to the local level.
Impediments to Integrating FATA in Pakistan Mainstream (2009, Muhammad Tayyab...fatanews
This paper aims to analyze the impediments involved in integration of the FATA in the national mainstream of Pakistan with a view to make suitable recommendations. This paper briefly discusses the historical background and provides a short overview of the administrative, judicial, political and socio-economic aspects of the FATA. In assessing the underlying causes of the FATA problem, this paper suggests a significant change to the FATA’s status quo as an essential and effective measure. To understand the FATA conundrum, case studies of handling Pashtuns residing in the region of the NWF by British, Soviets and later by Pakistan have been done. It has provided a better understanding and apt analysis of the current situation. The paper also addresses the concerns of Pakistan on the involvement of foreign hand in destabilizing the situation inside the FATA and other parts of Pakistan. As the credibility of such like information is always difficult to ascertain; therefore, occasional release of related news in the media and comments of senior Pakistani officials and journalist have been used as base facts for drawing relevant conclusion.
The world at large and Pakistanis in particular have to unveil forces working behind the scenes in the FATA. In addition, an effective reform package with a potent media campaign is required to go in to the FATA, thereby not only making the locals aware of the sensitivity of the problem of extremism coupled with terrorism in their society but to make the reminder of Pakistanis also realize that the FATA requires a national effort of integration which cannot be left to only one component of government i.e. Army and other LEAs.
An astonishing, first-of-its-kind, report by the NYT assessing damage in Ukraine. Even if the war ends tomorrow, in many places there will be nothing to go back to.
01062024_First India Newspaper Jaipur.pdfFIRST INDIA
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‘वोटर्स विल मस्ट प्रीवेल’ (मतदाताओं को जीतना होगा) अभियान द्वारा जारी हेल्पलाइन नंबर, 4 जून को सुबह 7 बजे से दोपहर 12 बजे तक मतगणना प्रक्रिया में कहीं भी किसी भी तरह के उल्लंघन की रिपोर्ट करने के लिए खुला रहेगा।
In a May 9, 2024 paper, Juri Opitz from the University of Zurich, along with Shira Wein and Nathan Schneider form Georgetown University, discussed the importance of linguistic expertise in natural language processing (NLP) in an era dominated by large language models (LLMs).
The authors explained that while machine translation (MT) previously relied heavily on linguists, the landscape has shifted. “Linguistics is no longer front and center in the way we build NLP systems,” they said. With the emergence of LLMs, which can generate fluent text without the need for specialized modules to handle grammar or semantic coherence, the need for linguistic expertise in NLP is being questioned.
हम आग्रह करते हैं कि जो भी सत्ता में आए, वह संविधान का पालन करे, उसकी रक्षा करे और उसे बनाए रखे।" प्रस्ताव में कुल तीन प्रमुख हस्तक्षेप और उनके तंत्र भी प्रस्तुत किए गए। पहला हस्तक्षेप स्वतंत्र मीडिया को प्रोत्साहित करके, वास्तविकता पर आधारित काउंटर नैरेटिव का निर्माण करके और सत्तारूढ़ सरकार द्वारा नियोजित मनोवैज्ञानिक हेरफेर की रणनीति का मुकाबला करके लोगों द्वारा निर्धारित कथा को बनाए रखना और उस पर कार्यकरना था।
31052024_First India Newspaper Jaipur.pdfFIRST INDIA
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1. JJIIRRGGAA
MMOONNIITT RR
March – May 2013 | Issue 8
Community
Appraisal & Motivation
Programme
www.camp.org.pk www.understandingfata.org
QQuuaarrtteerrllyy
2. EDITORIAL
Dear Readers,
Welcome to a brand new edition of Jirga Monitor bringing you a wide range of the
project’s news and interesting updates, as well as case studies pertaining to the Jirga’s
role in dispute resolution and justice dispensation across the Pakhtun belt of Pakistan.
Phase IV began in March 2013 and includes a new component, ‘Addressing Honour
Crimes through Local Stakeholders in Pakistan’ which involves a research study and an
advocacy campaign based on the findings aimed at minimising such crimes across the
country, implemented through local partners and stakeholders. An overview of the
honour crimes component is provided on the following pages.
The component titled ‘Reforming the Jirga System through Evidence based Advocacy
and Sensitisation’ aims to extend its activities to KP and Balochistan through a series of
various activties. In addition, CAMP will continue publishing the Jirga Monitor on a
quarterly basis which will report on various Jirga decisions utilising its existing network
of civil society organisations. A summary of proposed activities in Phase IV is included
on page 4.
Other contents of this edition include a commentary on the FCR (or official) Jirga which
is often accused of tending towards the political administration; in fact it is perceived
as a way for the Political Agent (PA) and his supporters to exercise control over the
public. For a full analysis of perceptions regarding the FCR Jirga, please refer to page 5.
We have also included an account of a girl who was saved from being given away in
‘Sawara’; this case study has been shared by a training participant who attended
capacity building workshops. It is indeed heartening to note that our training
participants are making an effort to identify such practices within their areas and
reporting them. We also owe a note of thanks to our Jirga elders who are putting the
ban enforced by CAMP’s May 2012 Jirga into practice and responding effectively to
such cases. The full story appears on page 6.
For the new phase, we hope and pray that we can continue our previous successes and
bring about real change in people’s attitudes and behaviour in relation to anachronistic
traditions and social evils to ensure positive progress in Pakistani society.
We at CAMP expect to carry on our efforts in sensitising people and implement our
activities successfully at the grass roots level with the cooperation and help of our
government and civil society partners.
Barrister Irum Ali Khan
Editor and Advocacy Coordinator,
CAMP Office, Islamabad
In this Issue
Editorial .................... 2
A review of RLPP........ 3
Capacity Building
Workshop in Phase III
The Rule of Law
Programming............... 4
in Pakistan (RLPP)
Phase IV - ‘Reforming
the Jirga System
through Evidence
based Advocacy and
Sensitisation’
FCR Jirga: Fast
Losing ....................... 5
Public Support
‘Jirga: A Protection ... 6
Mechanism’
Community
Appraisal &
Motivation
Programme
www.camp.org.pk
www.understandingfata.org
MMOONNIITT RR
March – May 2013 | Issue 8
JJIIRRGGAA
Compiled by: RLPP Team, CAMP Layout design: M. M. Tahir Saeed
The newsletter ‘Jirga Monitor’
is an activity of CAMP’s project
titled ‘Rule of Law
Programming in Pakistan’
(Phase IV: ‘Reforming the Jirga
System through Evidence
based Advocacy and
Sensitisation’), funded by
Foreign Office of the Federal
Republic of Germany.
To subscribe or send your
feedback, write us at:
Email: camp@camp.org.pk
For information:
www.camp.org.pk &
www.understandingfata.org
3. March – May 2013 | Issue 8JJIIRRGGAA mmoonniittoorr
3
AA rreevviieeww ooff RRLLPPPP CCaappaacciittyy
BBuuiillddiinngg WWoorrkksshhoopp iinn
PPhhaassee IIIIII
In Phase III, a total of 105 participants were
provided with capacity building training on
‘Reforming the Tribal Jirga system through
Sensitisation on Fundamental Rights’. A brief
evaluation of the training is included below, which
was gathered from pre and post evaluation forms:
1. 100% participants agreed that their level
of information has increased on the topic
of ‘Reforming the Jirga’ after attending the
training sessions.
2. A large majority, 79% of the participants,
believed that training sessions’ objectives
were ‘achieved’ while 21% said that the
objectives were achieved ‘to some extent’.
3. 59% of participants believed that three
days were enough for this training, while
20.95% were of the view that it was too
long, and 20.05% stated it was too short
to cover all the topics.
4. 100% of participants found that group
discussions were useful, which reflects on
the content as well as training
methodology. Meanwhile, 68.57% stated
that the duration of these discussions was
acceptable, while 32% were of the view
that they were quite short.
5. 100% of participants were satisfied with
the trainers’ knowledge and information
they provided and all participants were
also satisfied with the overall training.
6. 79% were of the view that the length of
sessions in training was sufficient while
10.67% found it quite short and the same
percentage found it too long.
7. 68.57% of participants were satisfied with
the logistical arrangements for training
workshops, while 31.48% found it more
than satisfactory.
8. 89% of the participants were very happy
with the trainers’ attitude, while 10.67%
expressed satisfaction.
4. March – May 2013 | Issue 8JJIIRRGGAA mmoonniittoorr
4
RRuullee ooff LLaaww PPrrooggrraammmmiinngg
iinn PPaakkiissttaann ((RRLLPPPP)) PPhhaassee IIVV
‘Reforming the Jirga System through
Evidence based Advocacy and
Sensitisation’
In Phase IV of the RLPP project, CAMP intends to
continue advocating for reforms in Jirga at the
grassroots level; sensitise stakeholders on Human
Rights issues; undertake a comparative research study
of other informal justice systems in Pakistan; and,
organise policy dialogues by generating debate on
informal justice systems and the state of Human Rights
in Pakistan. A total of four advocacy sessions will be
organised relating to different themes of the Jirga
aiming at raising awareness on the Jirga and its positive
aspects as well as suggestions for reform to help
incorporate the rights of women and minorities and
make it more inclusive and accessible to such
vulnerable groups.
Taking a step further, during Phase IV, training sessions
will also be extended to parts of Khyber Pakhtunkhwa
and Balochistan as a follow up to the comprehensive
comparative study conducted in the previous phase on
the Pakhtun Jirga system in these two provinces.
Moreover, the project will continue to organise radio
programmes so as to create more awareness on the
Jirga’s pros and cons, and also give the public an
opportunity to ask questions related to this age old
institution. A total of 10 programmes will be broadcast
during this phase.
Addressing ‘Honour Crimes through
Local Stakeholders in Pakistan’
As a culmination of views and opinions gathered from
research, CAMP aims to address the issue of ‘honour
crimes’ in Pakistan. CAMP will build on its past research
on the Jirga and link the issue of honour crimes with
informal justice mechanisms across Pakistan. All the
activities under this component are designed to deliver
a ‘quick impact’, in particular awareness and advocacy
activities.
CAMP aims to compile a comprehensive national level
research by mapping perceptions of local stakeholders
regarding different forms of honour crimes and the
role of informal justice systems in addressing these
crimes in Pakistan through qualitative and quantitative
data utilising various research tools. A desk review of
the available literature, a perception survey of
representative sample size and interviews with key
informants will be conducted to gather the data. The
report will be published and made public through a
national launch in Islamabad.
Four advocacy sessions will also be held in Pakistan’s
major cities, covering all provinces. Briefing papers will
be produced so as to formulate and present strong and
persuasive arguments to minimise honour related
violence through local stakeholders in Pakistan for this
purpose.
CAMP will engage a theatre group to sensitise and
educate the masses regarding honour crimes and
fundamental rights of women in Pakistan. Two bi-
annual newsletters titled ‘Honour Crimes Watch’ will
be published to circulate data on honour related
crimes across Pakistan.
Other IEC material including calendars, posters,
brochures, and material portraying messages relating
to the themes of the project will be published and
widely disseminated.
5. March – May 2013 | Issue 8JJIIRRGGAA mmoonniittoorr
5
FFCCRR JJiirrggaa:: FFaasstt LLoossiinngg
PPuubblliicc SSuuppppoorrtt
By Ibrahim Shinwari
Despite widespread respect and acceptability for the all
important institution of Jirga as a conflict resolution
mechanism within the Federally Administered Tribal Areas
(FATA) of Pakistan, tribesmen by and large express
reservations about fair and judicious functioning of the
officially nominated Jirga, commonly known as Frontier
Crimes Regulation (FCR) Jirga.
It is commonly believed across the entire tribal areas that
‘FCR Jirga’ is under the political administration’s influence,
and in most cases justice is denied to the aggrieved party. It
is also alleged that officially nominated members of FCR
Jirga accept bribes from influential and wealthy parties
and/or individuals.
Malik Asadullah, hailing from Kurram Agency believes that
FCR Jirgas have now become a lucrative business amongst
their officially nominated members.
He argues that an increasing number of appeals against FCR
Jirga decisions to the FCR Commissioner of the previous and
now newly established FATA Tribunal reflect a lack of trust of
the majority in the FCR Jirgas and its decisions.
Citing an example of a decision given by FCR Jirga in
Shalozan area of Parachinar in Kurram Agency, he lamented
that a poor labourer was denied justice despite the fact that
he presented witnesses in support of his charges against an
accused murderer of his younger brother. “Everyone in
Parachinar knows that Jirga members and local officials of
the political administration accepted bribes from the
accused’s family and thus he was set free”, Malik Asadullah
complained, adding that the poor labourer had no financial
resources to further challenge the decision of the official FCR
Jirga.
Alongside corruption, it is generally believed that official FCR
Jirgas are not independent in their functioning and there is
continually increasing interference from local political
administration.
Requesting anonymity, some officially nominated Jirga
members also conceded that in most cases they are dictated
decisions by the political authorities, particularly in favour of
the influential party, despite being guilty of a crime or
offense.
“I believe that Sarkar (political administration) becomes a
party in most cases and thus pressurises Jirga members to
give a verdict of their choice in favour of the party which the
Sarkar recommends to them”, said one such Jirga member
from Khyber Agency.
The increasing influence and pressure tactics applied by the
political administration have greatly affected the
performance of official FCR Jirgas and thus they are rapidly
losing their reputation.
Nawab Daud Khan of Bajaur Agency said that a 15 year old
dispute over the ownership of a natural-mines enriched
hillock between Jalakhel-Charmang and Kamangarha-
Tharkanri tribes in Nawagai tehsil of Bajaur has so far
claimed more than a dozen lives from both sides as the
official FCR Jirgas have been switching sides time and again
in favour of the tribe that ‘offers’ more money. Hence, the
dispute remains unresolved till date.
It was also learnt during investigations in relation to the
working of official FCR Jirgas that a good number of small
issues often escalate into serious matters and at times the
conflicting parties take up arms against each other as the
political administration tends to ignore what they term
‘petty cases’.
“The less influential and less resourceful are always at a
disadvantage and thus tribesmen mostly prefer the private
or Olasi Jirga instead of the official FCR Jirga”, observed a
Jirga member from Orakzai who also requested not to be
named.
On the other hand, Malik Pervaiz from Tehsil Landi Kotal of
Khyber Agency objected to all these allegations against the
Sarkari (official FCR) Jirga and argued that officially
nominated Jirga members employ extreme care while
investigating a case and deliberating.
Malik Pervaiz added that the losing parties always have the
option to appeal against the decision in the FATA Tribunal,
while there is no existing authority where the decision of an
Olasi Jirga could be challenged.
Malik Pervaiz also said that, with his colleagues, he was able
to resolve a dispute spanning over four decades between
two families of Landi Kotal within a period of just three
months to the full satisfaction of both parties. “At least three
private Jirgas had in the past failed to resolve the issue and a
bloody clash was feared had we not intervened”, he
contended.
“We have the full backing and support of the political
administration and thus there is every chance of
acceptability of our decision by contending parties”,
says Malik Pervaiz from Tehsil Landi Kotal of Khyber
Agency.
“Interestingly, these Jirga members have now fixed
price (Narkh in local parlays) for different types of
disputes and cases they resolve on a day to day
basis”, says Malik Asadullah of Kurram Agency
6. March – May 2013 | Issue 8JJIIRRGGAA mmoonniittoorr
6
‘‘JJiirrggaa:: AA PPrrootteeccttiioonn
MMeecchhaanniissmm’’
Background:
Mohammad Ilyas1
, hailing from village Agra in Malakand,
entered into marriage with Kulsom Bibi against her parents
will. As a consequence, Kulsom’s father, Imtiaz Ali lodged a
police complaint against Mohammad Ilyas claiming his
daughter had been kidnapped and coerced. During
investigations it was found that Ilyas was already married
and had an eight year old daughter, Palwasha from his first
marriage. However, during court proceedings, the case was
decided in favour of the couple as Kulsom Bibi was found to
be an adult and capable of making her own choice in
entering a marriage.
This led to more ill will amongst the parties and eventually
Mohammad Ilyas approached his father in law to reach a
settlement. When all efforts failed, Imtiaz Ali demanded
compensation in the form of an exchange – he agreed to
settle the dispute on the condition that Mohammad Ilyas’s
eight year old daughter be given to him in ‘Sawara’ as
compensation for the affront he claimed he had suffered.
Shockingly, Mohammad Ilyas agreed to this and handed over
his innocent daughter to him.
1
Names have been changed to protect the identities of parties involved
Jirga to the rescue!
When local elders of the community found out about this
decision, a Jirga was immediately formed to save the girl.
They contacted Sherzaman, President of a local community
based organisation who immediately contacted the local
press club and District Coordination Officer (DCO) Malakand
Levis for necessary action.
DCO Malakand responded immediately by sending the Levis
force to recover the girl and all concerned people were
arrested. The two parties, Mohammad Ilyas and Imtiaz Ali,
were summoned by the DCO to explain their actions. Imtiaz
Ali concocted a story by saying that there was never any
dispute with Mohammad Ilyas and that Palwasha was
visiting him and spending her summer vacations in his
house. However, when Palwasha was brought to submit her
statement, she informed the DCO and Jirga that she had
been confined within his house and was not allowed to meet
other children or leave the premises.
After detailed investigations, the truth was uncovered and
both parties were strictly reprimanded; they were made to
submit guarantees to abstain from such an act in future.
Mohammad Ilyas was warned that if he ever tried to do so
again, his daughter would be taken away and sent to a local
shelter, Dar-ul-Aman.
Both parties assured the DCO and Jirga elders that this
would never happen in future, and Palwasha’s well being
and protection would always be a priority for her family.
Thus an innocent eight year old girl was saved from the evil
practice of ‘Sawara’ and sent home.
Jirga as a protection mechanism
This case study illustrates that the Jirga system takes notice
of every day matters of people’s lives in addition to
dispensing justice. In this context, it served as a protection
mechanism for a vulnerable girl and performed its role by
proactively annulling a decision taken by two families,
keeping in view religious principles as well as norms of
Pakhtunwali. The implementation of a Jirga decision and
adherence by the parties involved is almost always
guaranteed as the elders are influential and wield
considerable authority amongst their communities in
maintaining peace and harmony.
When all efforts failed, Imtiaz Ali
demanded compensation in the form
of an exchange – he agreed to settle
the dispute on the condition that
Mohammad Ilyas’s eight year old
daughter be given to him in ‘Sawara’ as
compensation for the affront he
claimed he had suffered.