This brief is based on recent discussions USIP held in Kabul on traditional dispute resolution (TDR) and women’s rights. Based on these discussions and USIP’s research, it outlines recommendations on how to increase access to justice for women. Sylvana Q. Sinha served as rule of law adviser in USIP’s Kabul office from November 2010 to November 2011.

pb 117

Summary

  • At least 80% of all disputes in Afghanistan are resolved through traditional dispute resolution (TDR) mechanisms, principally community councils called shuras or jirgas. TDR is therefore impossible to ignore as the primary justice institution in the country.
  • Still, most women’s groups in Afghanistan tend to oppose international donor or Afghan government support for TDR because they generally exclude women from participation and are known to issue decisions that violate women’s rights.
  • In the spring of 2011, the U.S. Institute of Peace in Kabul hosted meetings to examine the broader question of how women can gain greater access to justice.
  • The outcome of the conversations was a more nuanced view of TDR and women in Afghanistan and a recognition that creative engagement rather than condemnation is a more productive approach to resolving deficiencies in women’s rights in TDR venues.

About This Brief

This brief is based on recent discussions USIP held in Kabul on traditional dispute resolution (TDR) and women’s rights. Based on these discussions and USIP’s research, it outlines recommendations on how to increase access to justice for women. Sylvana Q. Sinha served as rule of law adviser in USIP’s Kabul office from November 2010 to November 2011.


Related Publications

How Afghanistan’s Economy Can Survive Shrinking Shipments of U.N. Cash Aid

How Afghanistan’s Economy Can Survive Shrinking Shipments of U.N. Cash Aid

Thursday, November 14, 2024

Afghanistan’s precarious economy is facing a new set of multidimensional risks as humanitarian aid — delivered in massive shipments of U.S. cash dollars — shrinks rapidly amid competing demands from other crises around the world. The dollar inflows, moved under U.N. auspices, have helped stabilize the Afghan economy, cover its mammoth trade deficit, and inject monetary liquidity into commerce. With much smaller cash infusions, in line with a general reduction in aid, the suffering of Afghanistan’s poverty-stricken population is likely to increase.

Type: Analysis

EconomicsGlobal Policy

Where is Afghanistan Three Years into Taliban Rule?

Where is Afghanistan Three Years into Taliban Rule?

Thursday, September 19, 2024

Lacking formal recognition from all member states, the Taliban will not be present at the U.N. General Assembly next week. Their absence speaks volumes about how the international community struggles to constrain a regime that has repeatedly defied U.N. treaties, sanctions and Security Council resolutions. Three years into Taliban rule, the Afghan people are beset by a host of human rights, economic and humanitarian challenges, with women and girls particularly impacted. Meanwhile, the international community still has no clear approach to dealing with the Taliban, with the regime rejecting a U.N. Security Council resolution calling for a special envoy to develop a roadmap for normalizing Afghanistan’s relations with the international community.

Type: Question and Answer

EconomicsGenderGlobal PolicyHuman Rights

What an ICC Case on Mali Means for Prosecuting Taliban Gender Crimes

What an ICC Case on Mali Means for Prosecuting Taliban Gender Crimes

Wednesday, September 18, 2024

Since the Taliban took power in August 2021, the situation for Afghan women and girls has dramatically deteriorated. Yet there has been little international action, as many in the international community lament the lack of legal, and other, avenues to hold the Taliban accountable for these draconian measures. However, a recent case at the International Criminal Court (ICC) may provide a legal roadmap to prosecute the Taliban.

Type: Analysis

GenderHuman RightsJustice, Security & Rule of Law

View All Publications