Building a Foundation for Community Security Architecture in Afghanistan

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» SUMMARY OCTOBER 2014

BUILDING A FOUNDATION FOR COMMUNITY SECURITY ARCHITECTURE IN AFGHANISTAN

SUMMARY OF SECURITY & JUSTICE MAPPING IN KABUL AND NANGARHAR PROVINCE

BUILDING A FOUNDATION FOR COMMUNITY SECURITY ARCHITECTURE IN AFGHANISTAN

CONTENTS

INTRODUCTION ...... 2

METHODOLOGY & MAIN FINDINGS ...... 3

SECURITY & JUSTICE MAPPING IN KABUL ...... 4

Bagrami district...... 4

Istalif district ...... 7

SECURITY & JUSTICE MAPPING IN NANGARHAR ...... 9

Kama district ...... 9

Behsud district...... 11

ACRONYMES & GLOSSARY ...... 13

OCTOBER 2014 © CORDAID 1 BUILDING A FOUNDATION FOR COMMUNITY SECURITY ARCHITECTURE IN AFGHANISTAN introduction

INTRODUCTION

A crucial condition for peace and security in Afghanistan is a strong and functioning judiciary system; one in which all Afghans can exercise their right to justice. This document summarizes an in-depth mapping of the security situation and the access to justice that community members in four districts of eastern Afghanistan have. How do they seek justice when their rights are violated? What barriers do they face in pursuing justice? Rada Akbar Formal judiciary systems in Afghanistan, particularly in rural regions, are either weak or non-existent . Security Photo has deteriorated over the past few years and the Taliban gained renewed control . ‘The person who has weapons A judge in Behsud District on his side has the law on his side’, is how a resident from Bagrami who was interviewed for this research, put it . The security & justice mapping was conducted in support of the work of CSAs in the four districts in Kabul Cordaid is convinced that establishing a culture of and Nangarhar Province . The local security & justice justice starts at community level . In close collaboration dynamics differ per district . In Beshud, for example, an with our local partner organizations, Cordaid has overwhelming majority cited unpunished criminality, developed an intervention called Community Security such as theft and mugging, as the biggest threat to their Architecture (CSA) . A core element of CSA is the appoint- security . In Kama district, which is only 35 kilometers ment of Community Security Architects (CSAs), who are away, disputes over land proved to be communities’ from, and appointed by, their respective communities . biggest concern . Numerous interviews with community Together with community members, CSAs identify and leaders and hundreds of residents provided unique prioritize the security & justice needs that form the insights in these specific contexts . This summary basis of action plans . These local-led action plans are includes the key findings and highlights the main shared with relevant authorities, such as the local observations . government, the police and judiciary actors . Many Afghans are already familiar with local-led initiatives Cordaid is grateful to Afghan Women Resource Centre to improve their own security situation . As another (AWRC) and The Liaison Office (TLO) who have been resident from Bagrami put it: ‘security is provided by the our core partners in conducting this research and people themselves’ . He was referring to civilian patrols implementing the Community Security Architecture that try to keep the streets safe at night . CSAs work to program . ensure that such initiatives, often born out of sheer necessity, are embedded in formal systems and properly Hetty Burgman aligned with authorities . Director Security & Justice

2 OCTOBER 2014 © CORDAID METHODOLOGY & MAIN FINDINGS BUILDING A FOUNDATION FOR COMMUNITY SECURITY ARCHITECTURE IN AFGHANISTAN

METHODOLOGY & MAIN FINDINGS

RESEARCH AREAS SECURITY & JUSTICE MAPPING

kama behsud

kabul

afghanistan nangarhar

istalif

bagrami

Methodology ▪▪ In both peri-urban and rural areas, disputing parties currently ▪▪ 3 months of data collection (November 2013 – January 2014) have a preference for non-state forums for dispute resolution . ▪▪ 4 communities in 2 provinces ▪▪ Most interviewees, while clearly preferring non-state ▪▪ 70 interviews with community leaders forums, also expressed a desire for a stronger and less corrupt ▪▪ 24 interviews with women’s leaders state apparatus . And if such an apparatus existed, they might ▪▪ 24 interviews with development actors even prefer it to non-state forms of dispute resolution . ▪▪ 20 interviews with government officials ▪▪ Within the study areas insurgent presence is limited . ▪▪ 8 group discussions in Kabul And while insurgent connections certainly exist among ▪▪ 10 group discussions in Nangarhar the target populations (including some power holders), none of the areas have a long-term or large-scale insurgent Research area presence . The research areas are the two rapidly developing peri-urban ▪▪ Within peri-urban areas the most common cause of major areas of Bagrami on the outskirts of Kabul, and Behsud on the disputes appears to be alleged land grabbing by power outskirts of Jalalabad in Nangarhar Province and the two rural holders, or land grabbing done with their backing . districts of Kama in Nangarhar province and Istalif in Kabul ▪▪ In all areas the barriers to accessing security and justice province, both of which have relatively easy access to major institutions are significantly higher for women than they urban centers . are for men . However, women in the Kabul areas appear to enjoy greater freedom of movement, and hence institutional Main findings access, than their counterparts in Nangarhar do . However, The findings in this assessment confirm the importance of women’s access cannot be considered equal in any of these carrying out comprehensive groundwork in Afghanistan . areas . The intensity and complexity of the conflict contexts in the four research areas proved to be very diverse . Follow-up research In Behsud district, for example, an overwhelming majority Based on the results of the assessment Cordaid has started cited unpunished criminality, such as theft and mugging, as up an in-depth research initiative in collaboration with the the biggest threat to their security . In Kama district, on the Van Vollenhoven Institute (VVI), which is currently funded by other hand, disputes over land proved to be communities’ the Netherlands Organization for Scientific Research (NWO) . biggest concern . Equally diverse mechanisms for resolving The research initiative is entitled ‘Supporting Primary Justice conflicts were discovered . In Bagrami, meanwhile, more in Insecure Contexts: South Sudan and Afghanistan’ . Cordaid and more people are turning to formal systems, like courts and VVI met in the Netherlands’ Ministry of Foreign Affairs’ and judges . Contrast this with Behsud, where 96 percent of Knowledge Platform ‘Security and Rule of Law’ . The NWO conflicts in are brought before traditional village shuras . funding is provided in the context of a research agenda called ‘Embedding Justice in Power and Politics’, which contributes Highlights: to innovations for people-centered and context-sensitive ▪▪ The main security threat in all study areas arises from rule-of-law reform programs in fragile and conflict-affected nominally pro-government power holders undermining both countries . Cordaid has also used the outcome of the assessment security and justice institutions . Although present in all report to pinpoint two areas for the training of female magistrates areas, this threat appears to be considerably more pronounced in Afghanistan, namely property and inheritance rights . in Behsud and Bagrami than it is in Kama and Istalif .

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SECURITY & JUSTICE MAPPING IN KABUL Cordaid / Rada Akbar Photo

An interview with a female resident of Behsud district

BAGRAMI DISTRICT Three types of land grabbing and occupation in Bagrami Facts 1 . Shahraks (loosely translated as ‘townships’) is the name ▪▪ 30 minutes’ drive from Kabul city given to the settlements of powerful individuals and ▪▪ 50 – 60 percent of the population are Pashtun, 40 – 50 private companies on government land . Members of the percent are Tajik and a very small minority are Turkmen government are often suspected of being involved in ▪▪ 75 villages and a population of approximately 150,000 establishing Shahraks . After 2001 there was only limited ▪▪ The government is the main employer, while 10 percent of administrative control of the new government in the population work in sharecropping Bagrami . During that period, former commanders and ▪▪ After the fall of Taliban, new settlers from neighboring power brokers resettled in the district and are now districts and provinces migrated to Bagrami known to be the strongmen that rule these Shahraks . ▪▪ Districts surrounding Bagrami have a strong Taliban 2 . Legal occupation of land under a Presidential Decree presence (2012), which stated that certain land plots are to be allocated to Kuchi families (nomads) . Security situation 3 . Illegal occupation of land under a Presidential Decree (2012), which stated that certain land plots are to be Main security threat: Local power brokers and their private allocated to Kuchi families (nomads) . militias are involved in land grabbing . Due to widespread corruption, criminals in Bagrami district enjoy impunity . ments, the exact definitions of land ownership are unclear . Conflicts about land are at the heart of the most serious and Out of the 817 surveyed conflicts and disputes in Bagrame longstanding conflicts between families and communities district, 286 (35 percent) dealt with land-related issues . in Bagrami district . Due to the massive falsification of docu- Residents said there is a general lack of security in Bagrami

4 OCTOBER 2014 © CORDAID SECURITY & JUSTICE MAPPING IN KABUL BUILDING A FOUNDATION FOR COMMUNITY SECURITY ARCHITECTURE IN AFGHANISTAN and some areas are known to be completely out of the control “The young and older shura patrol together. (…) of the police . The lack of security forces on the ground has led to small-scale criminal activities such as pilfering, but there The young shura are armed. People take turns are also other, more serious, crimes, such as murder and drug to patrol with guns and the police just remain dealing . Trading in hashish is rife in Bagrami and most of the in their station. If the people didn’t act with the villages are engaged in its production . police nothing would be done. […] Security is, In some villages people who stand in the way of powerful land in effect, provided by the people themselves.” grabbers have been threatened and have suffered actual violence . One respondent explained how the head of a village The most widespread forums for dispute resolution in Bagrami called Kamari was murdered six months ago for opposing land are informal mechanisms at village level . This includes first grabbers . The respondent added that the police are conspicuous community or tribal shuras, individual elders or religious by their absence in the Kamari area . leaders, and the Ulema shura . Community members consider shuras at village level to be more competent in addressing their Respondents in Bagrami named at least 10 illegal checkpoints, grievances than the formal institutions . A substantial majority mainly set up by local power holders in Shahraks, that are of 80 percent of all 817 disputes and conflicts in Bagrami has manned by private militiamen and not the police . Women in been resolved at shura level . particular, expressed their concerns over the forced recruit- ment of young, unemployed men and an increase in the FIGURE 1: DISPUTES AND CONFLICTS SURVEYED proliferation of private militias in their area . FOR THIS STUDY AND RESOLVING INSTITUTIONS IN BAGRAMI Access to security and justice

Formal Security & Justice Institutions 1 (0.4%) There are only between 22 and 30 officers to police the entire 5 (5%) 12% 9% 3 (1%) Bagrami district . Respondents considered the ANP to be ineffective, understaffed and untrained . Moreover, they said 8% 10% that police officers are susceptible to pressure from higher ranks and positions . However, the biggest concern of Bagrami residents about the police is their perceived involvement in 50% unfair practices and corruption . Some respondents said they knew of police officers that had released criminals from jail 26% after the intervention of local power holders or government 80% Village Shura 259 authorities . (97%) District Shura District Court “I have been to the police, but I am not happy with their performance. The maliks and the government authorities have better relationships If shura members are unable to solve a dispute it can be with them. When the police capture a criminal referred to the formal justice institutions . However, a member of a village shura related what happens if they do so . they accept a bribe and let him go […]. When we report things to the police or ask them to do “We don’t inform the government at all if there something we do not expect much from them.” is a problem in the village. If the disputing party Justice actors in Bagrami include the District Attorney, the wants to bring his grievance to the government, Judge, the Head of Huqooq, the Provincial Council, the District it’s his decision. But most of the time, the case is Governor and the Chief of Police . Respondents perceive the Huqooq Department and the District Court to be understaffed just referred back to us for resolution.” and poorly equipped . The majority of the cases that reach these formal institutions are often referred straight back to the In addition to village and district shuras, some influential local village shuras . individuals are also involved in the resolution of disputes and conflicts . People living in the Shahraks of Bagrami, for exam- Informal Security & Justice Institutions ple, said they bring their grievances directly to their respective Because the residents of Bagrami do not trust the police to powerbrokers, rather than going to local shura . They fear that intervene efficiently, they have set up their own security decisions made by shuras will have little effect without the system called ‘Arbakai’ to assist the police in patrolling the support of the powerbroker or his militiamen . These militias villages . The Arbakai members carry light weapons or hunting have a free hand in exercising their power and are they not guns while they keep guard . held accountable for their crimes .

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“The person who is backed up by weapons has the There are reportedly 26 women’s shuras in Bagrami . These shuras, however, can rarely take initiatives independently, and law on his side, no one accepts the law and no one they usually defer to men’s village shuras for assistance . When cares about the law.” it comes to formal institutions, none of the female respondents in Bagrami have ever directly filed a complaint at a police station . The only female police staff member in the district is Machalga reportedly working on petty administrative tasks, and she does Machalga is a practice used during informal dispute not file complaints or patrol the district . resolution processes in Afghanistan . A guarantee in cash or kind is provided by the disputing parties and this is A female respondent explained what happened when a woman returned to them once the dispute has been resolved and from Bagrami went to the District shura to complain about her both have agreed to the resolution . The practice is not father-in-law, who refused to give her a promised dowry . widely used in Bagrami, but respondents said Pashtuns in the district recently used it to solve some of their disputes . “She went to the district court but no one listened to her. Nothing happened. If there is a conflict Security and justice for women no one listens to women, even when they leave their houses. If a woman reports a conflict she is Main threat for women in Bagrami: domestic violence and the harassment of girls on their way to and from school . threatened and her family’s name is blackened.”

6 OCTOBER 2014 © CORDAID SECURITY & JUSTICE MAPPING IN KABUL BUILDING A FOUNDATION FOR COMMUNITY SECURITY ARCHITECTURE IN AFGHANISTAN Cordaid / Rada Akbar Photo

The district court in Behsud district

ISTALIF DISTRICT Although respondents insisted there were few security threats in the district, they conceded there was the occasional robbery at Facts night . The causes for crime were said to be rooted in poverty and ▪▪ 60 - 70,000 residents unemployment . Gambling and drug abuse (mainly hashish) were ▪▪ 90 percent Tajik, less than 10 percent Sunni Hazara and cited by women as activities that negatively affect their security . 1 Pashtun village ▪▪ Significant winter migration of men to Kabul Access to security and justice ▪▪ Main sources of income are agriculture and crafts, such as pottery Formal Security & Justice Institutions ▪▪ People there earn an average 5,000 Afghanis ($ 87) a month The Afghan National Army (ANA) and international forces are (only half the average wage in Bagrami) not present in Istalif, which means that the ANP is responsible for keeping the peace and maintaining security . Respondents Security situation were unanimous in their satisfaction with the performance of the police . Based on several accounts by both male and female Main security threat: The security situation is reported to be interviewees, there appears to be extensive collaboration relatively good with only a limited level of insurgency and drug between the district residents and the ANP . However, this trafficking taking place . However, there have recently been apparent satisfaction with the ANP seems to be a recent thing water conflicts between communities and historic rivalries and is said to coincide with the arrival of the current Chief of between jihadi commanders in Istalif persist . Police a month ago .

Disputes in Istalif are mainly over land, water rights and The police in Istalif cooperate with village shuras, who keep inheritance . Given that most Istalifis have a high reliance on the police informed of threats and crimes . The Chief of Police agriculture for their income, these three causes are often insisted that he consulted the elders on a weekly basis to hear inter-related . The majority of inheritance disputes are over land about their complaints and address their problems . shares or disputes over water rights stemming from the need to properly irrigate agricultural land . Most of these disputes However, the residents said the police lack awareness of arise between individuals, although a few of them involve legalities and they insisted that both the villagers and police entire communities . officers should have a better understanding of criminal law .

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Formal judiciary processes in Istalif are reputed to be exces- Security and justice for women sively lengthy and corrupt . One respondent explained that Despite accounts of more freedom of movement for women, they can also be costly . compared to other areas of Afghanistan, female respondents pointed out that this freedom is limited to a small group of “I know of a conflict between two truck drivers educated and influential women . In communities in Pashtun and Hazara, for instance, women are rarely allowed to go who could not agree about whose truck should outside . be loaded first. This triggered a conflict and they both went to the provincial authorities to solve There are no female police officers in the district and security issues are mainly addressed by women’s shuras . The influence it. A year later I saw one of them and asked him of the latter, however, was reported to be relatively limited, whether the conflict had been solved. He replied with their role being mainly one of acting as an intermediary that he’d spent 400,000 Afghanis and that the to contact male shuras .

case was still pending.” The head of the district women’s shura is said to be responsible Stories like these have led to an overall reluctance to involve for the entire district and she reports problems faced by women formal authorities in the resolution of conflicts . to the District Development Assembly, in which she is the only female member . Informal security & justice institutions Conflict resolution relies heavily on traditional elders and maliks, who are involved in the resolution of 95 percent of conflicts . Village shuras are the main institutions for resolving disputes . In Istalif religious actors, mullahs and mosques play an important role in dispute resolution . Both male and female respondents insisted that consulting the local mullah was a key initial stage of dispute resolution, and religious figures are systematically involved in shuras when resolving a dispute .

Residents explained that in Istalif dispute resolution went along the following lines. Cordaid / Lotte van Elp ▪▪ First of all the dispute is laid before the elders, who, in Photo consultation with the local mullah, try to find a solution based on conciliation between the two parties . Hasina Machbubi, the local head of the Istalif women’s shura and ▪▪ If the parties cannot agree to the proposed resolution, Community Security Architect and several attempts at resolution fail, the case is then referred to the District Governor’s (DG) office and the Huqooq . Female respondents indicated that they are reluctant to ▪▪ Disputes referred to the DG are invariably referred back participate in justice processes or follow up on cases . In to elders’ shuras for resolution . The DG is said to cultivate addition to a general ignorance about their rights and the strong links with most of the maliks and district elders . process itself, this is because they want to avoid jeopardizing their personal reputation and that of their family .

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SECURITY & JUSTICE MAPPING IN NANGARHAR Cordaid / Rada Akbar Photo

A focus group interview in Behsud district

KAMA DISTRICT There were incidental reports, especially by some of the women respondents, of passive Taliban support in the Facts district . Respondents complained about the increase of petty ▪▪ A 45-minute drive from Jalalabad criminality, such a theft, although there were occurrences of ▪▪ 250,000 residents in 59 villages more serious crimes as well, such as kidnapping for ransom, ▪▪ The majority is from the Pashtun tribe and even murder . According to the District Chief of Police, ▪▪ High proportion of residents work for the government violent confrontations between families are the root cause administration (30 percent) and NGOs (20 percent) of 85 percent of the security problems in Kama district . ▪▪ People migrating to Kama district are attracted by its infrastructure, services and potential employment Access to security and justice opportunities Formal security & justice institutions Security situation The Afghan National Police (ANP) and the Afghan National Army (ANA) are both present in Kama . Kama has a total of Main security threat in Kama: 36 percent of disputes in Kama 46 police officers and 8 lieutenants, which is considered by are about land rights . The number of land-related disputes has residents and by the District Chief of Police to be insufficient to increased recently, mainly because of burgeoning demographic cover Kama’s 59 villages . There are no women police officers at pressure and the increasing value of land . There is occasional district level . Respondents were skeptical about the police’s insurgent infiltration in Kama . However, all the male respond- capacity to address criminal and security threats, and its ents said there were no times of the day or areas in the district ability to engage fairly and effectively with the community . in which they felt insecure, and that all roads were open and Respondents were also concerned that they do not patrol at night . free for the circulation of people and goods . The Chief Of Police said that cooperation between the village elders and the police was crucial .

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“The police heard the house of an army official The relationship between formal and informal justice providers appears to be quite good and well established . However, this was about to be attacked. However, we could not is an exceptional characteristic in the landscape of justice do anything, because the road is unpaved and mechanisms in Afghanistan . The District Governor, for unsafe. We then called the elders to control the example appears to be the official with the greatest involvement in cases in the district, often intervening on a personal security situation of the road. The elders, in turn, basis more than an institutional one . warned their tribesmen who then controlled the roads so we could approach the house without Types of conflict & justice providers and duration any problems.” of resolving cases Respondents also raised concerns about the influence of Formal system: a six-to nine-month average for one case powerful individuals . For example, the interference of the Informal system: one to three months (consistent with Provincial Council (PC) in the election of the shuras was cited other areas of Nangarhar) . as a source of conflict . This was because PC members would Family & elders > family-related issues mobilize networks of supporters among tribesmen to uphold Village shuras > conflicts over land, water and the candidacy of a specific individual . family disputes . Ulema shuras > inheritance cases Informal security & justice institutions District authorities > mostly addressed in priority Respondents in Kama preferred using informal institutions for minor and major criminal cases, dispute resolution . That said, the proportion of cases referred although the District Governor is directly to formal institutions such as the district court and also involved in the resolution of District Governor, is higher than in the other three researched some land cases (albeit without districts . Unlike Behsud, for example, where most respondents any clear institutional mandate) . said they are dissatisfied with formal processes, some Kama residents said they were satisfied with the formal system . Of the 186 cases recorded as part of the village survey for this study, a little over 50 percent were referred to jirgas – with a Security and justice for women 100 percent resolution rate, 26 percent were referred to the Women in Kama can only resolve their grievances among their District Governor, 10 percent to the District Court (more than family members and have no access to shuras . half of which are still awaiting resolution), 9 percent to the District Chief of Police (most of which were automatically Kidnapping and harassment were notably cited as a serious transferred to the District Attorney or the court) and 5 percent area of concern, and one of the reasons why girls are prevented to the District Development Assembly . from leaving their homes to go to school .

FIGURE 2: DISPUTES AND CONFLICTS AND Generally speaking, when tackling threats to women, particu- RESOLVING INSTITUTIONS IN KAMA SURVEYED larly domestic violence, it is perceived as shameful and detri- FOR THIS STUDY mental for the reputation of the family or community to voice concerns about them . This was something that all female respondents wanted to emphasize . Problems are therefore kept 1 (0.4%) secret and, ideally, resolved within the family and circle of 5 (5%) close relatives . 12% 9% 3 (1%)

8% 10% There are no women police officers at district level and there is no other governmental organ that women can turn to . There was one mention of a Family Response Unit, although none of 50% the other respondents or the district officials appeared to be aware of its existence . The establishment of a women’s shura 26% was notably cited as having been started up a few of years ago . Jirga 80% However, this initiative failed because of the opposition of District Governor 259 (97%)some elders . District Court District Chief of Police

10 OCTOBER 2014 © CORDAID SECURITY & JUSTICE MAPPING IN NANGARHAR BUILDING A FOUNDATION FOR COMMUNITY SECURITY ARCHITECTURE IN AFGHANISTAN Cordaid / Rada Akbar Photo

A women’s focus group interview in Behsud

BEHSUD DISTRICT Of the 268 disputes in 25 villages surveyed for this study, 79 were reportedly over land, 56 were both criminal and Facts civil disputes, and 54 were family disputes . Land disputes ▪▪ The most densely populated district of Nangarhar province in Behsud are often triggered by the growing pressure for ▪▪ Ethnic composition: Arabs 60 percent; Pashtun 31 percent; housing caused by the swelling flow of immigrants from Kuchi nomads & influential Pashai minority of 5 percent neighboring provinces and the rapid expansion of neighboring ▪▪ Well-connected, strong connectivity with the provincial centre Jalalabad city . and Pakistan as well as a paved highway to Kunar province ▪▪ 60 percent employed in the agricultural sector: main Respondents attributed day-to-day criminality to the adverse providers to Jalalabad and Kabul, 30 percent daily labor, 10 economic conditions, while the more serious crimes are percent private businesses attributed to networks tied to the government itself . Well- ▪▪ In the past 2 years, around 3,500 migrants arrived in Behsud connected individuals have sufficient leverage to manipulate from neighboring provinces and districts justice processes, creating very tense situations between communities . Security situation “The biggest threats to our security are the Main security threat in Behsud district: Behsud is almost entirely under government control and there is no day-to-day government and its authorities, as they hold active insurgency in the district . There are, however, strong a strong controlling position that can break or indications that the situation there has deteriorated during foster the unity among tribes.” the past two years . Murder, theft, mugging and the kidnapping of government officials, were cited as being endemic in the (…) district . The police are unable to deal with the sheer volume of crime and protect the criminals instead of the victims of crime . “After dark, I would never travel alone to the

Respondents reported threats from the Taliban, incidental district center of Behsud. I would make sure IEDs, and sporadic rocket attacks on the airport . However, I was accompanied by at least 10 to 15 other many government employees and powerful pro-government people.” people still live there, which tends to indicate that these are the exception rather than the rule .

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Access to security and justice institutions Of the 268 disputes that occurred during in the past year in the course of this study, 259 (nearly 97%) were reportedly addressed Formal security and justice institutions and solved by the village shura, five by the Districtshura (DDA), The Afghan National Army (ANA), Afghan National Police (ANP) three by the District Governor, and one by the District Court . and Afghan Local Police (ALP) are all present in the district . Some respondents considered police numbers to be insufficient The District Head of the Court reported that 75 disputes had in relation to the size of the population . Respondents made a been referred to it during the past year, of which 58 were clear distinction between higher-ranking authorities covering reportedly resolved . According to the District Head of the Court up for influential people, and police officers that claim to be the lengthy formal process is due to the intervention in many insufficiently aware of legalities . cases of powerful local people and the fact that the court has no proper building or electricity supply . If the police are unable to underscore the safety of the community, the elders in Behsud sometimes conceive their own Informal security & justice institutions security measures . Firing in the air, for instance, is considered But even when a dispute is referred to a formal institution, the as a nuisance that elders were able to stop by mobilizing the officials often refer it straight back to the tribal elders . The community to prevent such practices . Theft, another example, Elders in Behsud are credited with knowing more about the has been addressed by organizing community patrols in actual dispute than the government . The Head of the Court villages . himself emphasized that elders are better equipped for dispute resolution and he underlined the “vital” role that jirgas play in “Local people have now joined forces to eliminate insecurity justice processes . This trend was also confirmed by the Chief of from the district . The local elders gather every Friday so when Police, who said he referred an average of 20 cases a month, issues arise they decide how to solve them . And if anyone sending most of them back to the elders for resolution . ignores the elders’ decision they have to pay the price . For example, a youngster recently fired in the air and had to pay a fine of 20,000 Afghanis ”. Maliks Maliks in Nanagarhar, unlike in many other regions of Because of its reputation for slowness and the corruption of Afghanistan, hold an official letter of acknowledgement governmental justice institutions, there is an overriding from the state . Obtaining a letter from the local malik to reluctance to use the formal system to deal with criminality . verify a person’s identity is said to be compulsory for rural residents . Respondents said that the maliks in Behsud were “We cannot go outside our homes after 7:00pm. well respected and they are familiar with the jirga process . However, there were also rumors of corruption and favorit- A few days ago a villager had been heading home ism, notably among maliks who are the main informal from the mosque when he was robbed of his justice providers . This was something that women were cellphone and some cash. In fact, it’s pointless particularly insistent about . going to the governmental authorities for such crimes. The process is so slow and they are Security and justice for women demanded for bribes.”

FIGURE 3: DISPUTES AND CONFLICTS AND Biggest security threat for women in Behsud: female RESOLVING INSTITUTIONS IN BEHSUD THAT respondents notably insisted that inheritance and family- related disputes were rife . WERE SURVEYED FOR THIS STUDY

The women also highlightedbadal , a customary practice that involves the exchange of women between a perpetrator and the 1 (0.4%) victim’s family to resolve serious disputes and avoid revenge 5 (5%) 12% 9% 3 (1%) killings . Young women who are given up as badal have no say in either the acceptance or rejection of the deal . Despite being 8% 10% banned by the Afghan Civil Code and Sharia law, this practice is still common practice in most rural regions of Afghanistan .

50% Female respondents complained they did not have direct access to jirgas . If they don’t bring a male member of the family, 26% women risk being mistreated, because it is considered to be a 80% 259 Village Shura breach of the family honor . (97%) District Shura District Governor There are three female police officers in Behsud, but none of the District Court women who were interviewed were aware of their existence .

ACRONYMES & GLOSSARY

ALP Machalgah Afghan Local Police As part of the non-state dispute resolution processes, a guarantee in cash or kind provided by the disputing parties and ANA returned to them once the dispute has been resolved and both Afghan National Army have agreed to the relevant outcome .

ANP Mahram Afghan National Police A chaperone, usually a male relative, to accompany a woman on trips outside the home . Arbakai Generic term used to signify militia, usually pro-government Malik A traditional village/community leader serving as a represen DG tative of external interaction (such as with the state) . District Governor Mujahideen Haq ‘ul abd Fighters in the jihad Literally, “the rights of man”; as opposed to “the rights of God” (Haq-ullah) . The former generally overlaps with Western legal Mullah concepts such as civil law, i .e . disputes between private Islamic clergy usually affiliated to a particular mosque individuals . The latter generally overlaps with Western legal concepts such as the rights of the state, and the criminal law Shura enforced via the state prosecution system . Community council

Jirga Shahrak Traditional ad hoc conflict resolution mechanism Township established by local power brokers with private militias Jerib Traditional unit of surface area measurement, in Eastern Ulema Afghanistan equivalent to 0 .2 ha . A religious cleric or scholar

Jihad Waak “Holy” war against the Soviet Invasion of Afghanistan, Decision-making authority given by disputing parties to jirga and subsequent Afghan Communist state; 1979-1992 . members before the initiation of the jirga processes .

Kuchi Pashtun (semi-)nomadic group

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