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Afghanistan Human Development Report 2007 AFGHANISTAN HUMAN DEVELOPMENT REPORT 2007 Center for Policy and Human Development The cover design, is based on two images. The upper part of the circle showing a formal court in session represents the less than 20% of disputes that are currently settled through the state court system in Afghanistan. The larger portion below signifies the more than 80% of cases settled through traditional justice bodies. When affordable access to the rule of law is viewed as the chief criterion for progress, a marrying of the two systems becomes possible for a transitional period. With support from the international community, awareness and recourse to justice can reach new levels to ensure basic Afghan freedoms and lay the foundations for a durable peace. Percentages drawn from Asia Foundation (2006) and “Justice for All” (2005). Disclaimer The views expressed in this report are attributable to the authors and do not necessarily reflect those of the United Nations Development Programme and Kabul University AFGHANISTAN HUMAN DEVELOPMENT REPORT 2007 Bridging Modernity and Tradition: Rule of Law and the Search for Justice Copyright ©2007 by the Center for Policy and Human Development Kabul University, Jamal Mena, Kabul, Afghanistan Published by Army Press, Islamabad, Pakistan All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of Center for Policy and Human Development. Cover concept: Sayed Ikram Afzali, Center for Policy and Human Development Design: Abdul Hadi Mansoor, Saboor Printing Press, Kabul, Afghanistan TEAM FOR THE PREPARATION OF Afghanistan Human Development Report 2007 Project Coordinator National Advisory Panel Humayun Hamidzada Mokamel Alokozai, Quadir Amiryar, Shukria Barakzai, Abdul Rashid Fakhri, Hafizullah Haddad, Mohamad Deputy Project Coordinator Farid Hamidi, Mir Ahmad Joyenda, Helena Malikyar, Sayed Ikram Afzali Shahmahmood Miakhel, Nilab Mobarez, Abdullah Main Authors Mojaddedi, Nargis Nehan, Hussain Ramoz, Assadullah Ali Wardak, Daud Saba, and Halima Kazem Walwalji, and Omar Zakhilwal International Expert Panel Research Assistants Antonio Donini, Nancy Dupree, Paul Fishstein, Jonathan Masoud Yama and Naeem Poyesh Goodhand, Omar Noman, and Barnett Rubin Project Advisor Background Paper Authors Richard Ponzio Abdul Bari Ghairat, Hafizullah Haddad, Sayed Yousuf Halim, Mohammad Farid Hamidi, Hussian Ramoz, Statistician Nader Nadery, Safia Milad, Nilab Mobarez, Zainab Peter Wingfield-Digby Mohaqeq, and Shahmahmood Miakhel Data Analyst Copy Editors Abdul Bari Ahmadzai Brooke Shawn and Shawna Tropp UNDP Program Officer Administrative Assistant Fakhruddin Azizi Fazelullah Stanekzai Foreword Since the publication of the first Afghanistan Afghanistan Human Development Report Human Development Report in 2004, we have 2004. Confronting terrorism, building continued making progress towards democ- effective security forces, creating jobs, ratization and development. Millions of countering narcotics, and combating Afghans participated eagerly in the parlia- corruption, in addition to building capacities mentary and presidential elections. The for good governance and rule of law remain revival of an independent judiciary comple- some of our most significant challenges. mented and completed the structure of our In analyzing the challenges of human young democracy. We built many roads, development and the rule of law, the schools, and hospitals. Provision of public Afghanistan Human Development Report services has improved significantly, and now 2007 advocates a bold and creative approach more people than ever have access to public to strengthening the justice institutions in services. A visible drop in infant mortality is Afghanistan. While remaining committed to an indicator that life is gradually improving universal principles of human rights and for many Afghans, who have seen so much Afghan laws, we believe that a more collabo- pain and misery in the past. rative relationship between the state and The income per capita has increased two- traditional justice bodies can help make fold since 2002, indicating that Afghans have justice and the rule of law more readily earned more and therefore will be able to available to Afghans. spend more. While this increase in income The Government of Afghanistan may not does not automatically translate into human agree with everything stated and argued in development, we are committed to comple- this Report, but it is pleased to see the menting our economic growth with social and constructive role that such an initiative can political development. play in facilitating informed debate on some of the most pressing challenges facing In 2006, we entered into a new Compact, Afghanistan today. It will surely influence the with our partners from around the globe on consultative process now underway towards critical issues of security, governance, and the finalizing of the full Afghanistan National social and economic development. Our Development Strategy, particularly on issues preliminary strategy to achieve the time- related to the rule of law. bound benchmarks in the Compact is I would like to congratulate the Center for outlined in the Interim Afghanistan National Policy and Human Development at Kabul Development Strategy (I-ANDS). Earlier this University on the production of the 2007 year, Afghanistan became the newest member Afghanistan Human Development Report of the South Asian Association for Regional during its inaugural year. Cooperation (SAARC), and we continue to reach out to our neighbors to resolve issues of mutual concern. Commerce with neighbor- ing countries is growing exponentially, while a climate conducive to investment and limited industrialization is starting to take hold. Regrettably, the last six years have not been a period characterized by solid advances Hamid Karzai alone. We continue to face many of the President of the Islamic Republic of challenges outlined in my foreword to the Afghanistan v Preface The United Nations Development development, the theme of this report could Programme (UNDP) and Kabul University not be more timely. The long history of this (KU) entered into partnership in late 2005 to country is full of examples that bring establish the Center for Policy and Human together traditions with modern institu- Development (CPHD). The first Afghan tions and practices. Applied now, this policy research institution of its kind, CPHD approach can lead to broadening Afghan has become the focal point of human choices and strengthening national capabili- development and policy research, teaching, ties. and advocacy in the country. Afghanistan is well on its way to The first major outcome of the CPHD is showing significant progress towards the Afghanistan Human Development meeting the Afghanised Millennium Report 2007 (AHDR): Bridging Modernity Development Goals. This report demon- and Tradition: Rule of Law and the Search for strates that gradual steps towards improved Justice. This second Afghanistan HDR human development are being firmly taken. explores the importance of the rule of law to The Interim Afghanistan Development human development. Establishing effective Strategy is the means by which Afghanistan rule of law is essential to rebuilding the and its international partners have begun nation, restoring justice, shaping develop- moving towards the building of a prosper- ment and making it effective, and prevent- ous future for all Afghans. ing a chaotic relapse into conflict. Because While Afghanistan still faces significant Afghanistan is emerging as a modern state challenges, this report is itself a major step in a society still anchored in traditional forward, certainly as compared with the values, the simplistic approach of replicat- circumstances under which its predecessor ing existing systems of rule of law that was produced in 2004. Not only did the 2007 evolved elsewhere cannot work here. The AHDR benefit from increased awareness, country's unique characteristics and their greater data availability and additional intricate interdependencies require an resources; more significant, it represents a approach that is both complex and creative. wholly Afghan product, born of a young Bridging Modernity and Tradition argues institution housed at a premier Afghan that the rule of law in Afghanistan must be University. The team responsible for this widely accepted, enforceable, and consis- HDR were independent of both UNDP and tent with internationally accepted norms of Kabul University in their research, analysis, human rights. It suggests that in Afghani- and the production of this report. We are stan, this can be achieved by combining the confident that their insights will comple- best practices of the traditional institutions ment and inform other collective knowl- of justice with the strengths of the modern edge efforts now under way and that it will justice system. also support the development of the Afghan As Afghans continue to move forward in National Development Strategy (ANDS) their quest for democratization and and its finalization. vi Further, we hope that Bridging Tradition charged with making policy. and Modernity: Rule of Law and the Search for The United Nations Development Justice Afghanistan Human Development Programme and Kabul University are Report 2007 has marked only the first step proud to support CPHD in continuing its towards establishing an ongoing process of
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