How would you describe the elders’ contribution towards conflict resolution and peacebuilding? Due to the prolonged, expensive, corrupt and win/lose character and situation of the criminal justice system, decisions taken in the court system result in hostility and enmity for years after, since in the official system there is no reconciliation. One of the best aspects of the “Muslahathi” (reconciliation) committees is that they can resolve, reconcile, rehabilitate and follow up the parties until full-fledged friendly, brotherly relationships are established, and enmities are finished once and for all.
Why “Muslahathi committees”? Muslahathi in our language means to make wrongs right, while adal, means justice done. So Muslahathi committees are concerned with making wrong right, preferably with reconciliation, while adal (justice) is done by the court.
Is it correct to say that these committees are a new “modernized version” of the jirga system of elder councils? Yes, the Muslahathi committee is a new version of the jirga. The jirga worked according to the traditional practices, but their decisions were verbal, and women were not allowed to participate. In contrast, the Muslahathi committee decisions are taken according to modern scientific principles of conflict transformation, peace building, and restorative justice. Every decision is written down and registered. Women are also trained (forming their own committees) and a connection is made to the male committees. However the women’s decisions mostly take effect at the community level because of the strict rules of cultural and religious traditional practices. Ali Gohar, MA ’02
How do you choose the elders? We choose people with good reputations. Since the police know the communities well, this is verified by the police intelligence agencies, and their track records are selected by the high police officials.
To view a video on the modern practice of jirga in Pakistan or for more information, visit the website of JustPeace International: www.justpeaceint.org
CASES HANDLED BY THE DISPUTE RESOLUTION COMMITTEES IN 2010 District/Nature of Case
Murder
Attempted Murder
Hurts
15
11
2
Abbottabad Mardan Swabi
Land Disputes
Money
Women Related/ Familial
236
249
89
84
45
12
17
Noshera kalan
2
2
43
Haripur
Juvenile
Altercation
Others
150
119
16
105
65
2
3
34
85
57
104
99
Mansehra
3
1
81
69
43
41
6
86
Peshawar
17
13
91
102
77
16
14
12
34
Total
37
27
174
636
471
192
38
569
317
18
■
peacebuilder spring/summer 2011
Referred by Courts
PHOTO by Howard Zehr
3
3