Traditional Justice Systems

The current research was conducted in Dara Adam Khel, Pakistan to explore the structure and procedure of the informal social justice system- commonly known as Jirga. The war on terror made it imperious for tribal Pakhtuns to bring back their chaotic lives on the right track to achieve economic prosperity and peace in the region. Pakhtuns residing in Pakistan have been suffering from this tempestuous situation since decades. Terrorism has brought the social structure to standstill. Due to the war on terror, the Jirga system has experienced a serious setback. The Jirga system has served the Pakhtun society as a complete code of conduct in maintaining peace and harmony. The data was collected through Focus Group Discussions, Key Informant Interviews and In-Depth Interviews. Majority of the respondents were aged between 45 to 70 years and they were selected through purposive sampling technique.

This empirical research documented voices of women and girls in female shelters and prisons in Samangan, Laghman and Wardak provinces who experienced systematic sexual and gender based violence before and after they escaped forced marriages, forced virginity tests, physical and sexual violence. Women who challenged the status quo, fundamentalism and extremism faced imprisonment for up to five years. The research interviewed primary, secondary and territory health care professionals, who carried out or witnessed invasive virginity tests. The evidence suggests that women are being deprived of basic human rights of exercising autonomy and freedom. It shows difficulties some health professionals’ encounter in documenting, reporting and treating cases of violence against women and girls. The research concludes that a survivor-centered approach, and secular framework is required against tyranny, misogyny and oppression. Instead of imposing moral arguments and harmful laws that undermine w...

This empirical research documented voices of women and girls in female
shelters and prisons in Samangan, Laghman and Wardak provinces who
experienced systematic sexual and gender based violence before and
after they escaped forced marriages, forced virginity tests, physical and
sexual violence. Women who challenged the status quo,
fundamentalism and extremism faced imprisonment for up to five
years. The research interviewed primary, secondary and territory health
care professionals, who carried out or witnessed invasive virginity tests.
The evidence suggests that women are being deprived of basic human
rights of exercising autonomy and freedom. It shows difficulties some
health professionals encounter in documenting, reporting, and treating
cases of violence against women and girls. The research concludes that
a survivor-centered approach and secular framework are required against
tyranny, misogyny, and oppression. Instead of imposing moral
arguments and harmful laws that undermine women’s rights, brave
leadership at many levels is required to tackle health inequities,
dismantle patriarchy, counter fundamentalism, and other entrenched
systems of inequality. A new kind of feminist citizenship is needed not
based on identity but political values.

Демократический лидер Эфиальт - фигура в истории трагическая, но не только из-за своей трагической гибели. Он смог декретом отнять права у Совета  Ареопага, однако, как оказалось, сама афинская демократия не сумела обойтись без старинного и уважаемого Ареопага.

History has progressed very swiftly in some part of Pakistan. Swat is the best example of such transformation; which was one of the 560 princely states of subcontinent. In which transformation from a princely state to a provincially administered territory occurred in 1969 with the merge. It was just before 1969 that Swat was completely different State having structural and functional administrative variations from the neighboring parts like Dir, Bajaur and Pakistan.
Judicial system of Swat is the main subject matter of the study with a transformative phase and then the contemporary one. The old traditional system of justice which was imposed by Walis of Swat from 1917-1969 had a unique structure. The Shariah (Islamic) law and Riwaj (Customary/ Traditional law) or ‘Dasturul Amal’ (code of conduct) existed as sources of law. Then a transformation took place which challenged the old system and brought the formal way of justice but having an important addition of the informal ways which existed in princely State of Swat.
The study is aimed at the Walis and contemporary justice systems of Swat. The two systems have been compared by analyzing each one independently from the data that is available and a descriptive approach has been applied in collecting the data. The most important calculation is the analysis which has been made by looking into the contemporary system with comparison to the old one. The system has still flaws that need to be revisited because a quick and effective justice is the essence of the society. With conclusion there are given some recommendations which can be applied for development and effectiveness of the justice system.

This assessment provided the necessary set of baselines for a justice reform at the government level, which involved the implementation of 3 Centers for Access to Justice in those 3 regions of Guinea Bissau. It focused on the capacity of service providers (state and traditional justice) to deliver justice and on the justice needs of vulnerable groups (mainly women and children).
Apr. 2011: SARA GUERREIRO (coordinator), ABRAHAM LINCOLN, BRAIMA N’DAMI, CLEUNISMAR SILVA, FELISBERTO SEMEDO, HÉLDER PIRES (consultants), ANA GRAÇA (technical review) Estudo sobre o Acesso à Justiça na Guiné-Bissau: Regiões de Cacheu e Oio e Sector Autónomo de Bissau (Assessment on Access to Justice in Guinea Bissau: Regions of Cacheu, Oio and Sector Autónomo de Bissau), UNDP/Ministry of Justice, Guinea Bissau (182 pages) https://www.yumpu.com/en/document/view/12048773/access-to-justice-assessment-in-guinea-bissau-regions-of-cacheu-

Jirga is an informal but exclusive institution existing in Pashtun society. Jirga is commonly used for settling disputes related to both the private and the public space. It is preferred over the formal courts, as jirga is considered to be a more effective and quicker dispute resolving body. The main intention of the research was to investigate the position of a jirga in conflict resolution. The conceptual framework based on jirga considering it as a speedy process of decision making and a body of social integration, was an independent variable while the dependent variable was the effectiveness of jirga as a dispute resolution body. The data was collected by scheduled interviews, from five villages- LundKhwar, Gul Maira, Mote Banda, ShahDend, and Sadat baba. These villages were purposively selected from district Mardan. The sample size was 357 households, selected through stratified random sampling on the analogy design by Sekaran (2003). The findings of the research indicate that Jirga is an effective body in delivering justice. It also provides the time for both the plaintiffs to present their cases. The decision made by Jirga is based on sharia or the local customs. Factors, like social or financial status or the political power of any of the plaintiff, do not affect the verdicts made by the Jirga and is respected by the parties. Jirga is known as the executive-legislative body in Pashtun Society. It is an effective way to attain cheap and speedy justice as compared to formal courts. Moreover, Jirga maintains social integration and social order, restoring harmony and peace in the society. Though sometimes Jirga violates human rights, Violation of human rights by Jirga, like the practice of Swara, the expulsion of the offender should be replaced by the forfeits. The presence of the legal expert as a member of the Jirga committee should be mandatory.

This article analyses some of the perceptions of women in the Timorese society. To organize the discussion, this article is divided into three parts. In the first part, I describe an activity conducted with civil servants, in which four curricula vitae were handed out to two women and two men. They were asked to choose the one that presented the best qualifications for the position of a director in a project that would have social impact. In the second part, I analyse the results of a group dynamics study that was performed with 30 men and 30 women, in which they were asked to evaluate a hypothetical situation of intrafamilial violence, as well as opinion research conducted with 50 women and 50 men on their understanding of domestic violence. In the third part, I describe some situations involving customary justice that is served, as it relates to violence against women. In both activities, it was found that there are general components (values, ethics, cultural norms), specific components (typical of men/women relationships), and singular components (each individual’s characteristics) governing the meanings and the perceptions of women in society.

Este artigo analisa algumas das percepções acerca da mulher na sociedade timorense. Para tal, o artigo está dividido em três partes. Na primeira, descrevo uma atividade desenvolvida com funcionários públicos, em que foram distribuídos quatro currículos vitae (duas mulheres e dois homens) e solicitado que escolhessem aquele que apresentasse as melhores qualificações para desempenhar a função de diretor(a) de um projeto de impacto social. Na sequência, analiso os resultados de uma dinâmica de grupo realizada com 30 homens e 30 mulheres, onde foi solicitado que avaliassem uma situação hipotética de violência intrafamiliar, bem como uma pesquisa de opinião realizada com 50 mulheres e 50 homens sobre o que entendem acerca de violência doméstica. Na última parte, descrevo algumas situações que envolveram a justiça costumeira acerca de agressões contra mulheres. Em ambas as atividades, podemos constatar que existem componentes gerais (valores, ética, normas culturais), específicos (próprios das relações entre homens e mulheres) e singulares (as características de cada indivíduo) que regulam os significados e as percepções acerca da mulher na sociedade.

The present research entitled "exploring access to Justice through Traditional Justice System" is designed to explore access tojustice through traditional justice system in Fatehpur Village, District Larkana. The present research is exploratory and descriptive in nature. This qualitative study has conducted through FGD and case study method by applying random sampling. Fatehpur village reveals a wide spectrum of socially accepted mechanism for dispute resolution, outside of FJS. Access to justice is contextual: in terms of how people perceive matter of existence of popular justice and how it functions? People's perception is based on the definition and common understanding of conflict in their local constructive perception. While disputes among people start from simple misunderstandings and later convert into more complicated issues, specifically, when egos and honors are hurt. It is involved in the form of "lzzat" (respect) and Ghairat, (honor, defense of honor and chastity). Moreover, these disputes hinder the patch-ups in marital issues in the Zat-Pat (clan). During dispute relative on the behalf of victim or victimizer directly negotiate with opposite party or by taking help of "Chango Murs (mediator) to solve the existing issues. Traditional justice system is a pathway to resolve problems and decisions based on common understandings among parties. Common understandings meant to seek an outcome that preserves communal harmony and considered satisfactory to all.

The principal aim of this study was to gather information regarding local justice systems in Timor Leste and how these systems handle cases of gender based violence.
A further aim was to gather information regarding police services, the formal justice system and how these together with service providers are utilizing local justice systems. Recommendations were to be made which would assist in the protection and promotion of women’s rights in the context of these systems, and prompt the development of appropriate government policy.

Hukum merupakan sesuatu yang wajib dimiliki oleh setiap negara. Dengan adanya hukum, akan membantu masyarakat untuk menjadi masyarakat yang tertib. Mungkin sebagian masyarakat pernah mendengar istilah ius constitutum. Ius constitutum ini merupakan beberapa aturan tertentu yang berlaku di dalam suatu tata hukum; berasal dari  kesadaran hukum masyarakat, yang berlaku dalam masyarakat tertentu sekaligus ditaati oleh masyarakat tersebut (Djamali, 1984: 5). Indonesia sebagai sebuah negara, tentunya juga memiliki tatanan hukum tersendiri. Tata hukum di Indonesia tidak lantas muncul begitu saja, tata hukum di dalam masyarakat Indonesia mulai terlihat sejak penjajahan bangsa Eropa ke Indonesia, terutama mulai terlihat saat masa penjajahan Belanda.