Jirga, Its Role and Evolution in Pakistan's Pashtun “Tribal” Society

Analysis of effectiveness of dispute resolution council and expenses of the disputants in Mardan-Pakistan

“…A research study carried out in Australia by Ruddock (2005) found that ADR and DRC are the most cost-effective methods adopted by people to resolve their conflict that saving millions of dollars for both the community and the government as well. Similarly, Durrani (2014) stated said that the purpose of establishing DRC in developing countries such as Pakistan was to resolve people’s disputes through the easiest, quick and cost-effective procedure that ultimately lead to the DRC effectiveness and peace in the world (Yousaf, 2021). Oduntan (2019) stated in the formal courts’ system three types of costs involved in resolving disputes whenever a case is submitted to a courts, initially the costs of direct litigation or case payments; second, the indirect expenses such as travel the venue (courts), case preparation, accommodation and meals, etc.…”

“…One of the studies carried out in America and other regions concluded that due to the excessive cost and delay in the litigation system the people were inclined towards the ADR for resolution of their disputes, as the ADR was one of the alternates of the formal courts and also more efficient ways of providing access to justice (Burger, 1976; Woolf, 1996; and Khan et al ; 2020). ADR and specifically the DRCs are the easiest mechanism to resolve conflicts, as it is cheaper and adopts a speedy process to resolve conflicts (UNDP, Access to Justice: Practice Notes, 2004; Tanveer, 2017; Ali and Geng, 2019; Alam, 2021: and Yousaf, 2021). Though the DRCs provide equal justice to both genders while playing roles as mediators between the conflicting parties, however, there is a need for proper training of the DRCs members on human rights and specifically in women rights to proactively resolve conflicts of women (Arusha Declaration, 2003).…”

“…In rural areas of Pakistan, people cooperate and facilitate each other in terms of accessing information about their disputes. Similarly, Alam (2021) reported that the Jirga practices overshadow the factors such as limitations in terms of illiteracy and low income in accessing justice through Jirga or informal justice system (Menkel-Meadow, 1995; Wanis-St, 2000; Alam, 2021: and Yousaf, 2021). The alternate dispute resolutions (ADR) and Jirga are the most economical, speedy and transparent mechanisms for resolving conflicts among conflicting parties.…”

“…The alternate dispute resolutions (ADR) and Jirga are the most economical, speedy and transparent mechanisms for resolving conflicts among conflicting parties. Also, the ADR and Jirga practices overshadow the factors like limitations in terms of illiteracy and low income in accessing justice through ADR in a low cost and easy way (Menkel-Meadow, 1995; Wanis-St, 2000; Alam, 2021: and Yousaf, 2021).…”

“…For the last so many decades, all the petty issues and disputes were resolved by the local elders of the tribes or families under the system of “Jirga.” Expert of Jirga members/mediators (Jargamar) and elders from the community/family usually listened to both disputant parties. The whole community widely accepted their decisions, and it is still practiced in the rural areas of Pakhtun culture in Afghanistan and Pakistan (Jirgas in Khyber Pakhtunkhwa, 2015; Yousaf, 2021). Alam (2021) found that the Jirga played an essential role in peacebuilding and development in the form of policymaking for the Federally Administrative Tribal Area (FATA) of Pakistan; mobilization for action, restoration and rehabilitation; resolving local feuds and the establishment of FATA University in the region.…”