These were the views expressed by Human Rights Commission of Pakistan (HRCP) Director IA Rehman at the launching ceremony of a report on Understanding Justice Systems of K-P, Fata and Balochistan.
Rehman said the report, which has been compiled by Community Appraisal and Motivation Programme (CAMP), warned against underestimating the effectiveness of a jirga, particularly as some have played an essential role in maintaining social order in the past.
He said that the Pakhtuns’ reluctance to accept the present justice system was rooted in their antipathy towards the British. “The British were constantly looking to expand their imperialistic empire and created laws to this effect,” he said.
CAMP Chief Executive Naveed Ahmed Shinwari echoed Rehman’s sentiments about the benefits a jirga could bring to Pakhtun society.
“The jirga system is a centuries-old tradition followed by Pakhtuns, he said.
Despite the global perception that the traditional jirga system violated the fundamental human rights of those in the Pakhtun belt, a majority of female respondents from Fata, K-P and Balochistan were of the opinion that the decisions made through this system conformed to international human rights standards, according to the report.
Meanwhile, nearly half of all male participants in Balochistan opined that the jirga system violated basic rights. Criticising traditional practices, a respondent said there have been occasions where young girls were given in swara to settle blood feuds.
As many as 77 per cent of male respondents from Balochistan, 87 per cent from K-P and 81 per cent from Fata were against giving young girls in swara as it endangered their lives.
Rights activist Faryal Gohar said, “The jirga system cannot coexist with current Pakistani laws. The patriarchal mind-set must change if we want to see a peaceful Pakistan,” she said.
Published in The Express Tribune, June 26th, 2013.
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