linking state and non-state justice systems in afghanistan
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Dr Ali Wardak, University of South WalesTRANSCRIPT
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