Informal Justice and the International Community in Afghanistan by Noah Coburn - HTML preview

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These points of commonality are evidence of a long history in which shuras were an important consultative body for communities. his is not to say, however, that all shuras, because they are called shuras, are necessarily old or rooted in tradition. Chris Johnson and Jolyon Leslie suggest that many local-level shuras, often described as timeless entities by local community leaders, were actually set up in recent decades, many at the instigation of the international community.13

 

In other cases, given the Afghan peoples' experience with foreign involvement, communities were acutely aware that international development funds were more likely to go to those areas with a "representative council" than those not as organized politically, giving them an external incentive to establish such bodies.14 In recent years, too, shuras and jirgas have become a key aspect in the ways that international actors, ranging from humanitarian groups and foreign embassies to the international military, attempt to interact with local communities, with these interactions further changing them. Despite questions about the true historical roots of these types of bodies, it is clear that the concept of shuras and jirgas as representative bodies, vested with decision-making authority over disputes and other political issues, has become firmly embedded in how most Afghans describe local politics and dispute resolution processes.

 

Cultural Values and the Informal System

 

here are several key concepts that define the way informal justice functions across Afghanistan. One of these is islah, or "reconciliation," which is mentioned at several points in the Quran as an important religious virtue (see, for example, box 4).15 Beyond simple resolution of conflict, the concept implies the promotion of social harmony and justice. his religious value, as well as the fear of fitna, or social division or disorder, does much to shape the language and practice of informal dispute resolution. Elders often refer to these religious and social values during the deliberation process, and these values form a key element of the social pressure that motivates participants to accept certain decisions. his pressure is in ideal cases unspoken but nonetheless sufficiently present and accepted in order to ensure compliance. Any increase in coercive enforcement observed over the past