Jirga
Ajirga(Pashto:جرګه,jərga) is an assembly of leaders that makes decisions by consensus according toPashtunwali,thePashtunsocial code. It is conducted in order to settle disputes among the Pashtuns, but also by members of other ethnic groups who are influenced by them in present-day Afghanistan and Pakistan.
Historically, aloya jirgaor a "great council" has been convened in order to elect a new head of state, approve a new constitution or resolve critical issues.[1]Loya jirgashave reportedly been organized since the rise to power of theHotak dynastyin the early 18th century. In July 1747, Afghan chiefs assembled inKandaharto elect a new king, choosing the 25-year-oldAhmad Shah Durrani,who is credited with founding the modern state of Afghanistan.[2]
From 11 to 14 March 2022, the inaugural meeting of thePashtun National Jirgawas held inBannu,Khyber Pakhtunkhwato discuss the critical issues faced by the Pashtuns in Pakistan and Afghanistan.
Etymology
[edit]![](https://upload.wikimedia.org/wikipedia/commons/thumb/9/99/Wiktionary-logo-en-v2.svg/40px-Wiktionary-logo-en-v2.svg.png)
The wordjirgais cognate toMiddle Mongolnoun,ǰerge(originally meaning rank and order), referring to a large assembly of men forming a very broad circle, initially intended for laying siege aroundgamesor animals to be hunted for food or sport.[3][4][5]Pashtun elders also typically sit in a circle when debating and hearing a given dispute during a tribal jirga.
In Pashto, a grand jirga is known asloya jirga(لویه جرګه,lōya jərga). A mini-jirga is calledjirgagai(جرګګۍ,jərgagəy).
Origin and historicity
[edit]The institution, which is centuries old, is a similar idea to the Islamicshura( "consultative assembly" ).[1]
It is thought that the ancientIndo-Iraniantribes, also known as Arya orAryans,practiced a sort of jirga system with two types of councils –simiteandsabhā.Thesimite(summit) comprised elders and tribal chiefs. The king also joined sessions of thesimite.Sabhāwas a sort of rural council. In present-dayIndia,they are still referred to asSamitiandSabha.
In Afghan society, the jirga is still maintained and favored, mostly by tribal leaders to solve internal or external disputes with other tribes. In some cases it functions like atown hall meeting.When the Afghans took power they tried to legitimize their hold with such a jirga. While in the beginning only Pashtuns were allowed to participate in thejirgas,later other ethnic groups likeTajiksandHazaraswere allowed to participate as well. The member of thejirgaswere mostly members of the royal family, religious leaders and tribal leaders of the Afghans. KingAmanullah Khaninstitutionalized the jirga. From Amanullah until the reign ofMohammed Zahir Shah(1933–1973) andMohammed Daoud Khan(1973–1978) the jirga was recognized as a common meeting of regional Pashtun leaders. The meetings do not have scheduled occurrences, but rather are called for when issues or disputes arise. There is no time limit for a jirga to conclude, and the meetings often take time because decisions can only be made as a group and arguments can drag out for days. Various issues can be addressed such as major disaster, foreign policy, declaration of war, the legitimacy of leaders, and the introduction of new ideas and laws.
Functioning methodology
[edit]The community council meaning is often found in circumstances involving a dispute between two individuals; a jirga may be part of thedispute resolutionmechanism in such cases. The disputants would usually begin by finding amediator,choosing someone such as a senior religious leader, a local notable, or a mediation specialist (akhanorməshər). In tribal Pashtun society, the maliks serve asde factoarbiters in local conflicts, interlocutors in state policy-making, tax-collectors, heads of village and town councils and delegates to provincial and national jirgas as well as delegates to Parliament. The mediator hears from each of the two sides and then he forms a Jirga of community elders, taking care to include the supporters of both sides. The jirga then considers the case and, after it discusses the matter, it comes to a decision about how to handle it, which the mediator then announces. The jirga's conclusion is binding.
Afghanistan
[edit]1709loya jirga
[edit]Aloya jirgawas gathered byMirwais Hotakin Shari Safa near Kandahar in 1709.[6]
1747loya jirga
[edit]A jirga atKandaharwas attended by Afghan representatives who appointedAhmad Shah Durranias their new leader.
1928loya jirga
[edit]In September 1928, a jirga was called byKing AmanullahatPaghmannear Kabul, the thirdloya jirgaof his reign (1919–1929) to discuss reforms, during which King Amanullah askedQueen Sorayato remove her veil in order to gain support for his modernizing policies. However, this was too much for the delegates, some of whom instigated a revolt.[1]Resistance against Amanullah's reforms eventually led to theAfghan Civil War (1928–1929).
2002loya jirga
[edit]InJune–July 2002,Hamid Karzaielected to oversee aloya jirga.This was only possible because in the fall of 2001, Karzai was able to successfully lead one of the largest tribes in southern Afghanistan in an uprising against the draconian rule of theTaliban.Theloya jirgawas organized by the interim administration of Hamid Karzai, with about 1,600 delegates, some of the delegates were selected during elections which were held in various regions of the country, and other delegates were selected by members of various political, cultural, and religious groups. It was held in a large tent on the grounds of the Kabul Polytechnic on June 11 and it was scheduled to last about a week. It formed a newTransitional Administrationthat took office shortly thereafter.
More than 1,000 of the participants were elected in a two-stage procedure. Each district elected 20 members, who then elected one person who would represent the entire district in a secret vote. At least one member was allocated to each of the country's 362 districts, with an additional seat being allocated for every 22,000 people. No one was barred from the meeting with the exception of people who were accused of engaging interrorism,people who were suspected of being involved in the illegal drug trade, people who committed human rights abuses, people who committedwar crimes,people who committed pillage, and people who committed theft of public property. Additionally, nomads, refugees, intellectuals, representatives of cultural institutions, representatives of social organizations, and religious scholars were all in attendance. Of the remaining seats, a total of 160 seats were allocated to women.[1]
2003loya jirga
[edit]On14 December 2003,a 502-delegateloya jirgawas convened in Kabul to consider theproposed Afghan Constitution.Originally planned to last ten days, the assembly endorsed the charter by January 4, 2004.
Other historical jirgas
[edit]Some other historical jirgas in thehistory of Afghanistanare:
- September 1930– A jirga of 286 called byMohammed Nadir Shahto confirm his accession to the throne.
- 1941– Called byMohammed Zahir Shahto approve neutrality in World War II.
- July 26, 1949–Afghanistan-Pakistan relationsrapidly deteriorated over a dispute, officially declared that it did not recognize the 1893Durand Lineborder any longer between the two countries.[7]
- September 1964– A meeting of 452 called byMohammed Zahir Shahto approve a new constitution.
- July 1974– A meeting with Pakistan over the Durand Line.
- January 1977– Approved the new constitution ofMohammed Daoud Khanestablishing one-party rule in theRepublic of Afghanistan.
- April 1985– To ratify the new constitution of theDemocratic Republic of Afghanistan.
- May 1990– To ratify a new constitution of the Republic of Afghanistan underMohammad Najibullah,amendments includes providing for multiple political parties.
- September 2001– Four differentloya jirgamovements anticipating the end ofTalibanrule. Little communication took place between each of them.
- The first was based inRomearoundMohammed Zahir Shah,and it reflected the interests of moderate Pashtuns from Afghanistan. The Rome initiative called for fair elections, support forIslamas the foundation of the Afghan state, and respect for human rights.
- The second was based inCyprusand led byHomayoun Jarir,a member of theIslamic Partyof his father-in-law,Gulbuddin Hekmatyar.Critics of the Cyprus initiative suspected that it served the interests ofIran.The members of the Cyprus initiative, however, considered themselves closer to the Afghan people and regard the Rome group as too close to the long-isolated nobility.
- The most significant was based inGermany,which resulted in theBonn Agreement (Afghanistan).This agreement was made underUnited Nationsauspices, established the Afghan Interim Authority and paved the way for the later jirgas that established theConstitution of Afghanistan.
- 2006– Afghan president Hamid Karzai said that he and the Pakistani president will jointly lead aloya jirgato end a dispute over border attacks.[8]
- December 2009– after his disputedre-election,President Hamid Karzai announced to move ahead with a plan for aloya jirgato discuss theTaliban insurgency.The Taliban was invited to take part in this jirga,[9]but they declined.
- June 2010– at Kabul, in which around 1,600[10]delegates of all ethnic groups attended for a peace talks with the Taliban.[11]
- 17 November 2013– at Kabul, in which around 2,500 Afghan elders approved the presence of a limited number of US forces beyond 2014.[12]
- April 29 – May 3, 2019– at theBagh-e Bala Palacein Kabul, held to agree a common approach to peace talks with the Taliban, amidnegotiations between the Taliban and the United States.The jirga was chaired byAbdul Rasul Sayyafand over 3,200 delegates attended. The Taliban refused to attend.[13]
- 7–9 August 2020– held to decide the fate of 400 Taliban prisoners accused of serious crimes, who were supposed to be freed as part of the Afghan peace process.[14][15]
Pakistan
[edit]1947 Bannu jirga
[edit]On June 21, 1947, inBannu,aloya jirgawas held consisting ofBacha Khan,his brotherChief MinisterDr Khan Sahib,theKhudai Khidmatgars,members of the Provincial Assembly,Mirzali Khan(Faqir of Ipi), and other tribal chiefs, just seven weeks before thePartition of India.Theloya jirgadeclared theBannu Resolution,which demanded that the Pashtuns be given a choice to have an independent state ofPashtunistancomposing all Pashtun territories of British India, instead of being made to join either India or Pakistan. However, theBritish Rajrefused to comply with the demand of this resolution, in response to which the Khudai Khidmatgars boycotted the1947 North-West Frontier Province referendumfor merging the province into Pakistan.[16][17]
2006loya jirgafor Balochistan
[edit]In April 2006, formerBalochistanChief MinisterTaj Muhammad Jamalioffered to arrange a meeting betweenPresidentPervez Musharrafand aloya jirgafor peace inBalochistan.[18]Aloya jirgawas held atKalatin September 2006 to announce that a case would be filed in theInternational Court of Justiceregarding the sovereignty and rights of theBaloch people.[19][20][21][22]
Quasi-legal function
[edit]The jirga was also used as acourtin cases of criminal conduct, but this usage is being replaced by formal courts in some settled areas of Pakistan and Afghanistan, elsewhere it is still used as courts in tribal regions.
The jirga holds the prestige of a court in the tribal areas of Pakistan. Although a political agent appointed by the national government maintains law and order through theFrontier Crimes Regulation(FCR), the actual power lies in the jirga. The political agent maintains law and order in his tribal region with the help of jirgas. The jirga can awardcapital punishment,such asstoningto death in case of adultery, or expulsion from the community.
In the recent military operations againstal Qaedaand theTalibanin Pakistan's restive southern tribal agencies bordering Afghanistan, jirgas played a key role of moderator between the government and the militants. The tradition of jirga has also been adopted by Muslims in theKashmir valleyofIndian-administered Kashmir.[23]
Alternative Dispute Resolution Act 2017
[edit]As per 2017 political dispensation in Government, unofficial Jirga and Panchayats are very popular among masses, so formal recognition of the same will help make the system more transparent and responsible, while left leaning political dispensations in opposition expressed their apprehension that weaker sections will suffer whilefeudalismwill benefit.[24]The Alternative Dispute Resolution Act, 2017 of Pakistan makes provision for selection of neutral observing arbitrator from Government approved panel agreed by parties. If a dispute is resolved amicably the court will formalize judgement, and if not parties can choose to opt-in further formal judicial administration for their grievances.[24]Basit Mahmood criticizesthe bill's provisions allowing the government to appoint "neutrals" to each jirga not being sufficient since the so-called "neutrals", who must approve their verdicts would most likely be consisting of retired judges and religious scholars of conservative nature and that will put principle of neutrality upside down and with a substantially effect on the lives of women across the Pakistan.[25]Basit Mahmood also criticizes United Kingdom's donor agency Department for International Development for funding of misogyny protecting ADR tribunals.[25]
Contested justice and human rights violations
[edit]In a January 2019 on petition fromNational Commission on the Status of Women (NCSW)judgementSupreme Court of Pakistanruled that, beyond permissible limits of the law to the extent of acting as arbitration, mediation, negotiation or reconciliation forums between parties involved in a civil dispute who willingly consent to the same; rest of practices and attempts by Jirgas to adjudicate on civil or criminal matters is not lawful, and that unlawful practices of Jirgas are violate Articles 4, 8, 10-A, 25 and 175(3) of the Constitution of Pakistan, and also that "operation of jirgas/ panchayats, etc violates Pakistan's international commitments under theUDHR,ICCPRandCEDAW,which place a responsibility on the state of Pakistan to ensure that everyone has access to courts or tribunals, (and all people) are treated equally before the law and in all stages of procedure in courts and tribunals ".[26]
According to correspondent I.A. Rehman, In January 2019 Pakistani government law officials from provinces and federal confirmed governments-made commitments to Supreme Court of Pakistan to not to allow Panchayat and Jirga platforms for illegal practices of violating fundamental constitutional rights of women by honour killings, wani, swara, karo kari, and that the governments are committed toCEDAW[26]
Instances of jirga judicial overreach
[edit]In January 2018, Basit Mahmood criticized 2017 Pakistan act for Alternative Dispute Resolution saying that it creates scope for a parallel justice system which eventually can undermine states' authority.[25]As per Dilawar Wazir's June 2020 news report in Pakistani news dailyDawnand subsequent editorial, district administration in Pakistan's tribal area was struggling to see one Ahmadzai Wazir tribe avoids to implement its jirga ruling of raising a parallel armed force (lashkar) of around 2,400 people to demolish houses of left-leaning political opponents.[27]To make the tribal jirga to submit to a financial compromise, the district administration had to call in elite security force, and make victim submit to demand of 1 million rupees plus four rams as reparation from victim and his clan.[28]
As per a June 2020Tribune Pakistanreport, a jirga (a type of quasikangaroo court) attempted ruling to give up a 13-year-old minor girl in marriage to a 41-year-old married man asSwara(punishment) for her brother's alleged disliked relation with his cousin, the Jirga's attempt was foiled by a close relative of the boy with help of police.[29]
In another 2020 June incident in Sindh Pakistan, police struggled to clamp down on a jirga which declared two sisters to be ignoble 'Karis' fined father of the girls for one million rupees plus ordered killing of the sisters (an outlawed but prevalent practice of declaring 'Kari's-literal black spot on honour of the family or community – subjectable to severe punishments includinghonour killingmany times for alleged compromising on expectations of modesty and chastity out of suspicions).[30]
Historic jirgas and women
[edit]The Sindh High Court imposed a ban on the holding of jirgas in April 2004[31]because of the sometimes inhumane sentences which were imposed on people, especially on women and men who married of their own free will. The ban, however, has been ignored.[32]
An all-female jirga or a Khwaindo jirga (a "sister's council" ) was held in Pakistan, and it had a total of 25 members.[33]It was headed byTabassum Adnanwhich helped 11 women get justice as of 2013.[33][34]
2022 Pashtun National Jirga
[edit]On 11–14 March 2022, the Pashtun National Jirga, or Bannu Jirga, was held atMirakhelinBannu,Khyber Pakhtunkhwain order to defend the rights of the Pashtuns in the country. The critical issues which were faced by the Pashtuns were discussed during the jirga in a bid to suggest solutions to them.[35]The Bannu Jirga endorsed the declarations of two earlier Pashtun Jirgas, one of which was organized on 10 March 2020 at Bacha Khan Markaz,PeshawarbyAsfandyar Wali Khanof theAwami National Party(ANP),[36][37]while the other was hosted on 7 August 2021 inHashtnagar,CharsaddabyAfzal Khamoshof theMazdoor Kisan Party(MKP).[38][39]
Mahmood Khan Achakzai,Nawab Ayaz Jogezai,Abdul Rahim Ziaratwal,Abdul Qahar Wadan,Obaidullah Babat,Nasrullah ZayraiandArfa Siddiqof thePashtunkhwa Milli Awami Party(PMAP),Manzoor Pashteen,Mir KalamandWranga Loniof thePashtun Tahafuz Movement(PTM),Mohsin Dawar,Latif Afridi,Afrasiab Khattak,Bushra GoharandJamila Gilaniof theNational Democratic Movement(NDM),Khadim HussainandMaulana Khanzebof theAwami National Party(ANP),Afzal Khamoshof theMazdoor Kisan Party(MKP),Farhatullah BabarandAhmad Kundiof thePakistan Peoples Party(PPP),Sardar Yaqoob Nasarof thePakistan Muslim League(PMLN),Muhammad Khan SheraniofJamiat Ulema-e-Islam(JUI), Chief ofWaziristanGul Alam Wazir,historianParvesh Shaheen,and numerous other Pashtun,BalochandHazaraleaders were part of the Bannu Jirga. The resolutions were also endorsed by several Afghan political leaders, includingHamid Karzai,Haneef AtmarandAmrullah Saleh.[40]
Demands
[edit]Some of the most important demands of the Pashtun National Jirga, 11–14 March 2022, were:[41]
- This jirga should be an independent entity, and a committee of cooperation should be established to implement its decisions and objectives
- Apublic inquiryshould be set up to investigate the deaths ofUsman Kakar,Arif Wazir,Arman Loni,and all the Pashtuns murderedextrajudiciallyinfake encountersby thepolice forces in Pakistan
- Ali Wazir,Hanif Pashteen, Owais Abdal, Qazi Tahir and otherpolitical prisonersshould all be released
- Allmissing personsshould be presented before courts, andinternally displaced persons(IDPs) be resettled in their area and homes and be fully compensated for their losses
- Atruth and reconciliation commissionshould be set up to look into the extent of damages done to the Pashtuns in Pakistan
- If the Pakistani courts refuse to attend these inquiries, a mechanism should be set up to investigate these damages throughinternational courts[42]
- The draconian laws under the Action (in Aid of Civil Power) Regulation must be immediately abolished in Khyber Pakhtunkhwa, all the safety, security and administrative powers be entrusted to the civil administration, and intelligence agencies must stop interfering in politics
- ThePashtun regionis rich in natural resources including water and natural gas, but the Pashtuns are kept deprived in Pakistan; control over these resources needs to be regained[43]
- The diversion of theIndus Riverfrom its natural course by theGhazi-Barotha canalwas a transgression against international principles and the fundamental right to life of the people along the banks; the Indus should be rerouted to its original watercourse, and the Indus Water Apportionment Accord of 1991 should be revised to grant the Pashtun region a status of owner and stakeholder
- The jirga called for an immediate end to the occupation of the forests, mountains, lands and natural resources of the Pashtun region by the Pakistani military and government agencies
- A united Pashtun province consisting ofKhyber Pakhtunkhwa,South Pashtunkhwa (inBalochistan),AttockandMianwalishould be established
- Pashtoshould be proclaimed the Pashtun region's national, official and educational language, while speakers of the region's other languages should also have access to education in their native tongues
- The jirga rejected the fake results of the2017 Census of Pakistanand said that an independent, transparent and inclusive mechanism should be made for a new census under international principles
- Aloya jirgashould be organized in Afghanistan to form an inclusive government through ageneral election,and a mechanism should be put in place so that Afghan governments and their powers are notforcefully seizedin the future[42]
- The jirga vehemently rejected the Pakistani-builtbarbed barrieralong theDurand Line,and demanded that all historical trade routes along the line be ensured for trade and free movement of people without any paperwork[44]
See also
[edit]- Wolesi Jirga( "People's Jirga" ), thelower houseof theAfghan legislature
- Meshrano Jirga( "Elders' Jirga" ), theupper houseof the Afghan legislature
- All India Pakhtoon Jirga-e-Hind
- Afghan Peace Jirga 2010
- Nanawatai (nanawate),meaning "sanctuary"
- Shura,theArabicequivalent of jirga
- Panchayat,North Indian equivalent of jirga
- Khapequivalent of jirga of mainlyHinduJat people
- Kurultai,theTurkicandMongolequivalent of a jirga
- Kurultáj,the Kurultai of theHunsandHungarians
- Mislequivalent of jirga of mainlySikhJat peopleofPunjab
- Zail
- Kangaroo court
- Vani (custom)
- Presumption of guilt
- Show trial
References
[edit]- ^abcd"Q&A: What is a loya jirga?".BBC News.July 1, 2002.Archivedfrom the original on May 23, 2019.RetrievedMay 11,2010.
- ^Jon Krakauer (September 11, 2009)."To Save Afghanistan, Look to Its Past".New York Times.Archivedfrom the original on 2021-05-08.Retrieved2014-10-29.
- ^Noelle, Christine (1997).State and Tribe in Nineteenth-century Afghanistan: The Reign of Amir Dost Muhammad Khan (1826-1863).Milton Park:Routledge.p. 368.ISBN978-0700706297.
jirga(from Mongolian, 'circle')…
- ^Report of a Mission to Yarkund in 1873, Under Command of Sir T. D. F.,... With Historical and Geographical Information Regarding the Possessions of the Ameer, Etc. [By H. W. Bellew, E. F. Chapman, H. Trotter and Others. With Photographic Illustrations.].1875. p. 153.
…Jirga= "[h]unting cirlce," with power to punish according to rule those who infringed its regulations.
- ^Allsen, Thomas T. (2011).The Royal Hunt in Eurasian History.Philadelphia:University of Pennsylvania Press.p. 26.ISBN978-0812201079.
Jergehas the basic meaning of "rank," "order," "row," "column," and is used in that sense in theSecret History,the Mongols' own account of the rise of their empire. By extension, however,jergecame to mean "battue," "hunting circle," or an "incircling movement" in warfare.
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- ^H Johnson, Thomas;Zellen, Barry (2014).Culture, Conflict, and Counterinsurgency.Stanford University Press.p. 154.ISBN9780804789219.Archivedfrom the original on 2019-12-19.Retrieved2019-08-18.
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{{cite web}}
:CS1 maint: unfit URL (link) - ^"Jirga rejects mega projects"(PDF).The Nation.October 3, 2006. Archived fromthe original(PDF)on July 16, 2012.RetrievedNovember 21,2013.
- ^Akbar, Malik Siraj (October 4, 2006)."Baloch jirga to form supreme council to implement decisions".Daily Times.Archivedfrom the original on August 18, 2021.RetrievedAugust 18,2021.
- ^Muzaffar Raina (2006-10-30)."Justice rolls in Kashmir, Afghan-style - Jilted, sheep stolen' Some people in the Valley never go to police but pin faith on a time-tested tribal system to settle disputes and redress grievances".The Telegraph- Calcutta, India.Archived fromthe originalon June 23, 2007.Retrieved2013-11-26.
- ^abReporter, A. (2017-01-19)."Alternate Dispute Resolution Bill approved".DAWN.COM.Retrieved2020-06-27.
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- ^Wazir, Dilawar (2020-06-06)."Ahmadzai Wazir tribe convenes jirga to raise Lashkar".DAWN.COM.Retrieved2020-06-27.
- ^Editorial (2020-06-08)."When jirgas abet crime".DAWN.COM.Retrieved2020-06-27.
- ^Khan, Ahtesham (13 June 2020)."Jirga's attempt to give young girl in Swara foiled".Tribune Pakistan.
- ^"Karokari: Police order action against Jirga".thenews.pk.Retrieved2020-06-27.
- ^SBLR 2004 Sindh 918;excerpt
- ^SHC seeks official version against jirgas(2012-12-08)
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{{cite web}}
:|first=
has generic name (help) - ^Kakar, Javed Hamim (March 11, 2020)."Pakhtun Qaumi Jirga seeks end to meddling in Afghanistan"– via Pajhwok Afghan News.
- ^"Afghanistan's situation: Pakhtun Qaumi Jirga urges govt to revisit foreign policy".The News International.August 8, 2021.
- ^Shah, S. Muddasir Ali (August 8, 2021)."Jirga blames neighbours for meddling in Afghanistan"– via Pajhwok Afghan News.
- ^"Afghan leaders support Pashtun ethnic jirga in Pakistan's Khyber Pakhtunkhwa".Asian News International.March 17, 2022.
- ^"Pashtun National Jirga Bannu Issues its 25 points charter of Demands".The Pakistan Daily.March 14, 2022.
- ^ab"بنو کې د پښتنو قامي جرګه څلورمې ورځ ته وغځېده؛ پرېکړې او غوښتنې دوشنبې اعلانېږي".BBC Pashto(in Pashto).
- ^"Parties convene Jirga to defend rights of Pashtuns in Pakistan".Asian News International.
- ^"Jirga in Bannu discusses problems faced by Pashtuns".Mashriq TV.March 12, 2022.
- This article contains material from theLibrary of Congress Country Studies,which areUnited States governmentpublications in thepublic domain.(About this Collection | Country Studies | Digital Collections | Library of Congress)
External links
[edit]- Pakistan court bans all trials under Jirga system
- Afghan women push for inclusion in Peace Jirga
- Jirga system in tribal life