CIAO DATE: 11/2011
August 2011
United States Institute of Peace
There are numerous sources of local conflict in Afghanistan today, but the majority cluster around a few issues: disputes over land and water rights; family disputes, particularly inheritance; and disputes over control of local positions of authority. Lack of capacity or resources in the formal justice systems has been blamed for the lack of effective dispute resolution. But the fact that disputes were resolved more regularly in Afghanistan before the war years, when the formal justice system had even fewer resources, indicates that other causes are involved. Lack of political and personal security of dispute-resolution practitioners and the increased power of local commanders, whose authority is not community-based, have undermined the traditional dispute-resolution system. At the same time, corruption and inefficiency have delegitimized the formal justice system in the eyes of many disputants. Afghans and foreign donors alike note that Afghanistan has both state (court-based) and nonstate (based upon a combination of customary and religious law) justice sectors, and it is often assumed that these systems solely compete with each other for dispute-resolution authority.
Resource link: The Politics of Dispute Resolution and Continued Instability in Afghanistan [PDF] - 374K