The document discusses linking state and non-state justice systems in Afghanistan. It provides background on Afghanistan's pre-war justice system and the impact of war. It then examines the current state of the state justice system, noting some achievements like capacity building but ongoing problems like low access and corruption. It also evaluates non-state justice systems like Jirga/Shura, pointing out positive aspects like accessibility but also negatives like excluding women. Finally, it proposes a hybrid model combining state and non-state justice systems in Afghanistan.

1. Dr Ali Wardak
University of South Wales
Asia-Pacific Regional Centre,
UNDP
Bangkok, Thailand
9-10 June 2014
Linking State and Non-State Justice Systems in
Afghanistan

2. I. Background
- Afghanistan’s Pre-war justice system and legal
order
- The long war and its impact on justice institutions
- International intervention and (re-) building post-
Taliban justice institutions

3. II. Current State of the State Justice
A. Main Achievements
- Capacity building and professional training
- Physical reconstruction of some key justice
institutions/facilities
- Legislation
- Legal reform

4. B. Main Problems
- Continued inadequacy of professional resources
- Low level of public access
- Low level of coordination among justice
institutions
- Corruption and nepotism
III. Current State of the State Justice ...

5. IV. Current State of Non-State Justice:
Jirga/Shura

6. V. Non-State Justice: Positive and
Negative Aspects
A. Positive Aspects
- More accessible
- Cost effective and speedy
- More transparent
- More public trust
- Restorative justice - rather than retributive justice

7. VI. Non-State Justice …
A. Negative Aspects
- Exclusion of women
- Occasional violation of Human Rights and Afghan law
- Occasional Influence of local warlords
- Lack of recognition by the state justice system

8. VII. A Hybrid Model of Afghanistan Justice
System

9. Dr Ali Wardak
University of South Wales
Asia-Pacific Regional Centre,
UNDP
Bangkok, Thailand
9-10 June 2014
Linking State and Non-State Justice
Systems in Afghanistan

10. Dr Ali Wardak
University of South Wales
Asia-Pacific Regional Centre,
UNDP
Bangkok, Thailand
9-10 June 2014
Linking State and Non-State Justice
Systems in Afghanistan