Informal justice and the international community in Afghanistan

Every serious attempt to analyze the ongoing instability in Afghanistan recognizes the lack of justice in the country as a motivator of grievance and conflict. Despite millions of donor dollars spent on building the state judicial sector in Afghanistan since 2001, access to fair, equitable forums for justice in the country remains extremely poor, and few Afghans have confidence in the state's ability to deliver justice. As the international community begins transitioning out of Afghanistan, international groups have begun to consider more deeply the informal mechanisms through which a majority of conflicts in Afghanistan are resolved. This report argues that many of these internationally sponsored programs have done as much harm as good or have simply wasted funds that have gone primarily to Afghan government officials and international contractors. In the worst cases, these programs have undermined the provision of justice. Given that Afghanistan's formal justice mechanisms are seen to be expensive, corrupt, and slow, and that informal justice mechanisms are preferred by local communities, the international community must think more critically about the role of internationally sponsored programs and justice at the local level.… (more)