The international community increasingly talks about transfer of governance and security responsibility to Afghans and about the sustainability of both. It is therefore important to have an accurate understanding of disputes that drive local instability. This paper argues that corrupt officials, local strongmen and general instability have often undermined the informal, community-based mechanisms for dispute resolution in Afghanistan. The international focus needs to be on securing a stable environment in which the elders and councils that constitute the informal sector can safely operate.
Informal mechanisms play an important role in settling disputes in Afghanistan – over land, water, family and criminal issues – even in urban areas. In an ideal setting, informal mechanisms present effective alternatives to the slow and corrupt state court system. However, many Afghans complain that the informal system has also been corrupted. It is clear that the current unstable economic and security situation has both increased the number of disputes and made resolving them more difficult. Arms and access to illicit funds from sources such as the opium trade allow strongmen to manipulate local political structures without being responsive to community needs as leaders have been in the past.
In some instances, the very presence of international funds and military forces further encourages disputes (such as disputes about the distribution of aid). Excessive international funds meant to stabilise areas can create more incentives for conflict. Other trends and challenges include the following:
- Bad governance can undermine both the formal and informal sectors. Corrupt officials, for example, can hinder the dispute resolution process among community leaders by attempting to undermine decisions by informal bodies.
- Informal mechanisms can be more effective in unstable and volatile conditions than in stable areas. This is especially the case in close family and commercial disputes, and disputes where the community is invested in achieving a quick resolution.
- Disputes have political dimensions, and the ability to resolve disputes signifies political strength. The inability to resolve disputes can damage a leader’s reputation.
The current issues with informal mechanisms of dispute resolution in Afghanistan have little to do with the mechanisms themselves. Mechanisms are undermined by the political, social, and economic context. International efforts should therefore focus on:
- Providing security and more predictable access to political and economic resources in order to promote the historical space between local elders and government officials in which disputes can be resolved.
- Supporting the formal judiciary in setting up legitimate, transparent processes in places – cities, in particular – where there is demand for such mechanisms.
- Seeking to ensure that local leaders are appointed based on merit, as opposed to supporting local strongmen who provide short-term stability but ultimately undermine the legitimacy of the government, the international presence, and the historical relationship between elders and communities.
