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Jirga: a Conflict Resolution Institution in Pukhtoon Society

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Jirga: a Conflict Resolution Institution in Pukhtoon Society JIRGA: A CONFLICT RESOLUTION INSTITUTION IN PUKHTOON SOCIETY 1Fakhr-ul-Islam, 2Khan Faqir & Malik Amer Atta3 1Pakistan Study Centre, University of Peshawar, Pakistan 2University of Science and Technology Bannu, Pakistan 3Institute of Education and Research, Gomal University, D.I.Khan ABSTRACT Jirga is a unique institution that exists in Pukhtoons social organization. It is a Pashtu word which means circle. (Gankoski and Malik, 2006). It is difficult to trace exact origin of Jirga. Nevertheless, it is as old as the community itself. In this paper the writer has dwelt upon origin and evolution of Jirga. How did Afghanistan and Pakistan adopt and accommodate the concept of Jirga as state institution has also been taken into consideration. Apart from consulting published material, the writer reached out to a number of people belonging to FATA (Federally Administered tribal Areas) and settled districts of Khyber Pakhtoonkhwa province of Pakistan for ascertaining their views on the subject. In this way, the paper contains up-to-date information and communal critique rather than review by a single writer. Key Word: Jirga, Pukhtoons, Tribe(s), disputes, verdict. INTRODUCTION off and on. Hassan and Gohar opine that Pukhtoons or Pathans (as called by other Pukhtoonwali not only provides equal races) are the significant and major ethnic opportunities to the community to settle group living in most parts of Afghanistan their squabbles but also generates self- and tribal belt of Pakistan. They are in confidence in Pukhtoons. Some elements majority in Afghanistan, Khyber of Pukhtoonwali may sound strange to rest Pakhtoonkhwa; second biggest ethnic of the world but Pukhtoons follow them group in Sindh’s capital Karachi and religiously. (Yousafzai & Gohar, 2005) occupy the most populous part of Different reasons responsible for conflict Balochistan. In Punjab, they are settled in may be summarized as: Mianwali and parts of Attock districts. In • Animosity India, they are scattered in various parts of • Badal(revenge) that vast country. They migrated to India • Taunt th during different points and times since 11 • Honour killing Century AD. Pukhtoons possess • Swara tremendous quality of adaptableness to • Chagha alien environment, they are therefore • Property disputes dispersed in various parts the world. • Other social evils The Pukhtoons social organization, tribal If on one hand, some traditions of structure and peculiar customs and Pukhtoons cause conflict, on the other traditions sometimes lead to disputes. In hand they have in their midst institutions fact, the age-old Pukhtoon code of life or which remove the strife. Of these Pukhtoonwali responds to situation arising institutions, Jirga is unique and distinctive Islam & Faqir, Jirga: A Conflict to Pukhtoons society. Jirga is a council of precarious situation, the Jirga ask the elders that intervenes in disputes arising of parties to give them Waak/ikhtiar intra-tribal clashes. It listens to parties and (mandate) which means they will accept passes judgments which are binding on all the verdict wholeheartedly. Finally the stakeholders. Although one may not case is decided on merit strictly define Jirga but few writers have Interestingly, no state or non-state given their own definitions. James authority is available to execute verdict of W.Spain characterizes it “a group of this non-official Jirga. For effective members of a particular sub-group of implementation of Jirga decision, surety Pathans considering a matter of common in cash or kind (weapon, moveable or interest”. (Spain, 1990) Qayum Afridi immovable property) by parties is considers it a court whose judges are deposited with Jirga. Any party found nominated in equal number by the guilty of violating the verdict may lose disputing parties from amongst the elders their surety which may be confiscated by of repute. (Afridi, 2003) The type, power the Jirga.(Wazir, 2010) and function Jirga vary depending on In Khyber Agency in particular and other nature of cases before it. There are four tribal areas in general a specific types of Jirga namely: methodology is adopted for resolving disputes arising out of murder. In case of Koranay or Shakhsi Jirga: murder, both the aggrieved and assassin In this type of Jirga, cases between parties confine to their houses. The Jirga, individuals or families are disposed of. first of all, tries to make both the parties Members of this Jirga are selected with agree on Tigga. Tigga is a Pashtu word mutual consent of the parties concerned. which means stone. Symbolically, a stone As mentioned, its scope and function is is fixed which means that the disputing limited. How the Jirga proceeds? Here a parties have agreed to decide their case sequence followed by koranay Jirga in through Jirga and cease fire will exist till North Waziristan tribal area is given verdict(Afridi,2003). which, with minor variations, may be true of the whole FATA and Khyber Olasi or Qami Jirga: Pakhtoonkhwa. The proceedings go like Unlike the koranay/Shakhsi Jirga, the the following: olasi/qami Jirga is constituted for taking The parties approach influential elders of up issues or cases of collective importance the tribe and seek their intervention in the of a community or tribe. The basic unit of case in question. this Jirga is every house hold which may Upon consent of Jirga members, the send one member to it. Numerous cases of process is kick-started. The Jirga members collective nature such as settling disputes establish contacts with the parties and with other tribes, community share in record their statements. forests and other natural resources, After examining the statements, the next distribution of irrigation water, launching stage is announcing verdict. Normally the of developmental projects, and dealing Jirga gives its verdict at this stage, with outlaws in the area etcetera are put however, sometimes serious problems before the Jirga. After selection of arise. For instance, both the parties stick to members, the holding of Jirga their stated positions and urge upon the congregation or assembly is announced. Jirga to decide in their favour. In that During deliberations, every participant is Gomal University Journal of Research, 29(1). June 2013 Islam & Faqir, Jirga: A Conflict given the right to speak. Decision may Frontier Crimes Regulations 1901, where arrive in one or more than one sessions community was involved in disposal of depending on the nature of dispute. The cases. That was the beginning of Sarkari most accurate sequence of proceeding Jirga. adopted in Olasi/qami Jirga is given In the Frontier Crimes Regulations, all below: details about the Council of Elders ( Jirga “In this kind of an assembly, all ) have been given in Chapter III( section 8 participants have a right to speak but most to 20). In the same regulations, the prefer to observe only. Without any formal Council of Elders ( Jirga ) has been facilitator, each one offers the other, defined as: opportunity to start the talk. In the end, “…a Council of three or more persons someone begins with a tale or a narrative, whether official or otherwise convened by setting the stage for discussion on the the Deputey Commissioner and presided issue. Various parameters of the issue are over by a magistrate invested with powers discussed by addressing concern from under section 30 of the Code of Criminal each individual from the community, Procedure 1898” (Ali I, 2003) while the leadership listens and facilitates further. Finally a common ground is The Provincially Administered Tribal identified and announced for agreement by Areas (PATA) Regulations also provided all”(Yousafzai & Ali, 2005) for Jirga system. PATA include six Both Koranay and Olasi Jirgas are districts of Malakand Division viz Buner, unofficial in nature; therefore, people Chitral, Dir Upper, Dir Lower, Malakand, prefer them over Sarkari (State-controlled Shangla, Swat and some parts Hazara Jirga). However it does not mean that Division. In these areas, a special law people are fully satisfied with them. When namely PATA Regulations was enforced this writer asked Pukhtoons to identify in 1975. Sections 5-11 of PATA shortcomings of unofficial Jirgas, they Regulations, describe formation and listed many. These defects have been procedure of Jirga. As per Section 6, given in the survey section of the article. Jirga, to be appointed by the Deputy Commissioner, shall consist of five Sarkari (State-controlled) Jirga: members, one of them its President and The evolution of Pukhtoon society from four ordinary members. The President state-less stage to emergence of state has must be a government official, not below affected the institution of Jirga as well. In the rank of Tehsildar or Naib Tehsildar. 1849, after replacing Sikhs in the present The ordinary members are from the day Khyber Pakhtoonkhwa and community appointed after consultation subsequently pursuing their Forward with the parties concerned.(Ibid) In 1994, Policy.(Spain, 1985) towards Afghanistan, when PATARs were declared the British Indian government faced the unconstitutional by Supreme Court of wrath Pukhtoons. The latters were averse Pakistan,(Bangash A, 2010) the to British occupations of Afghanistan. government promulgated the following From 1849 to 1908, the British Indian regulations at different times: government conducted almost 49 (i) The Provincially Administered Tribal expeditions against the Pukhtoon tribes. Areas (Nafaz-e-Nizam-e-Shariah) (Nevill, 1912) Finally they introduced a Regulation1994. hybrid administrative system under (ii) The Sharia’I Nizm-e-Adl Act 1999 Gomal University Journal of Research, 29(1). June 2013 Islam & Faqir, Jirga: A Conflict (iii)The Nizm-e-Adl Act 2009 Musalahati Anjuman shall be in in the A glance at the above three regulations following manner: reveals that people from the community Any court of competent jurisdiction may, were included in the judicial system with in a case where it deems appropriate, refer different titles and responsibilities, the a matterto the Musalihat Anjuman through spirit of Jirga, however, existed one way the Union Nazim for settlement.
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