Dr Ali WardakUniversity of South Wales

Asia-Pacific Regional Centre, UNDP

Bangkok, Thailand9-10 June 2014

Linking State and Non-State Justice Systems in Afghanistan

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

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

B. Main Problems

- Continued inadequacy of professional resources

- Low level of public access

- Low level of coordination among justice institutions

- Corruption and nepotism

- Little public trust

III. Current State of the State Justice ...

IV. Current State of Non-State Justice:

Jirga/Shura

V. Non-State Justice: Positive and

Negative AspectsA. Positive Aspects

- More accessible

- Cost effective and speedy

- More transparent

- More public trust

- Restorative justice - rather than retributive justice

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

VII. A Hybrid Model of Afghanistan Justice System

Dr Ali WardakUniversity of South Wales

Asia-Pacific Regional Centre, UNDP

Bangkok, Thailand9-10 June 2014

Linking State and Non-State Justice Systems in Afghanistan