Law and governance
Afghan Human Development Report 2007: bridging modernity and tradition: the rule of law and the search for Justice
Creative approaches to strengthening the justice institutions in Afghanistan
Authors:
; Center for Policy and Human Development
Publisher:
Center for Policy and Human Development, 2007
The central theme of this Human Development Report is that country's judicial system is a first line of defence to many social ills in any democracy, but particularly in war ravaged societies. Institutions such as the courts, police, and the legislature play a critical role in protecting citizens' rights. It argues that in Afghanistan, rebuilding the justice sector in a manner that bridges modern with traditional justice institutions holds the key to a successful political transition.
The report presents bold policy alternatives to strengthen the rule of law in Afghanistan, including through formal and informal systems of justice. It notes that by acting in isolation, state and non-state institutions of justice are missing an opportunity to improve significantly the delivery of justice in this war-affected country. It then presents the case for "a hybrid model of Afghan justice" that articulates, in detail, a collaborative relationship between formal and informal institutions of justice. According to this model, traditional justice institutions will cooperate with and work alongside the state justice institutions. Such an arrangement will harness the positive aspects of non-state dispute settlement institutions while ensuring that their decisions are compatible with the Afghan Constitution, Afghan laws, and international human rights standards. The report points out that utilizing such an approach to transform Afghanistan's justice system may offer Afghans a more efficient, effective, and fair outlet to resolve disputes peacefully.
