HRCP presents report on origin of Jirga system
KARACHI – Human Rights Commission of Pakistan (HRCP) has taken to task the political parties of this country that took least interest in abolishing ‘parallel judicial system’, and ‘illegal trials’ of the citizens of Pakistan, under one or another pretext.
A detailed documentary report compiled by HRCP says, “The conduct of the main political parties with regard to the Jirga system is highly disappointing. They are unwilling to work towards bringing jirgas to an end and in fact, in some cases, are actively participating in them.”
The report compiled and edited by Nadia Haroon, Akhtar Hussain Balouch and other HRCP activists presents research work on ‘Origin of Jirga System’, ‘Details of Jirgas held in Sindh from January to July 2004,’Documents related to official involvement in Jirgas’, ‘newspapers’ reports on Jirga’ and other information and recommendations reviewing the situation.
The report brought to light that those who supported the system of ‘Jirgas’ was on the grounds that it was ‘speedy and inexpensive justice’. The report however highlighted that sometimes these ‘Jirgas’ were also postponed for many months at a time and both parties were required to make substantial payments to the tribal chiefs who held the ‘Jirga’.
The supporters also argue that people had little reason to lie to a ‘Jirga’ and a person or group who had committed murder could avoid indictment by paying the fine imposed by the ‘Jirga’ This might be the case where only a monetary ruling was given. This ‘Jirga’s decision might also involve handing over of a woman or land, the report notes.
The report further claims that a common opinion about the ‘Jirga’ system was that it only dealt with long-term disputes and it could be seen that ‘Jirgas’ were now starting to deal with disputes that have arisen recently, and might concern much smaller issues than they used to.
The report mentioned, “Even after a dispute has been settled by a jirga, there is still no guarantee against further bloodshed.”
The report has levelled serious allegations against the police and the administration and some political leaders as well.
It says, “The police and administration continue to support the jirga system. The reasons for this are negligence of their duties and the feudal mindset of the people involved in these institutions.
At various times, political party workers and members of national or provincial assemblies have allotted positions in these institutions to their relatives. Therefore, members of the local administration are in many cases protected by the influential political leaders.”
The report declared, “Jirga system does not acknowledge women’s rights as in a jirga, the concerned woman’s statement is taken from her brother or her father and women who are accused of being kari are usually not allowed to defend themselves. If they are not killed, they are kept in the mansions of tribal chiefs and bought and sold as commodities.”
The reports also bring to light another aspect of the system in question, while adding that the fines and penalties imposed in a ‘Jirga’ often included an exchange of women between the two parties along with monetary compensation.”
Besides, those couples that have married out of choice were often forced to separate and it was becoming a standard procedure to sentence the women to death.
Even, the report adds, if the couple has approached the court, there were times when the police, under pressure or for money, arrest a couple that has married out of choice and hand them over to their guardians. This usually results in the murder of the couple, the report concludes.
The report also claimed that various tribes that have lived together in Sindh for centuries were now constantly fighting against each other because of the ‘Jirga System’. On the surface, the tribal chiefs appeared to be violently opposed to each other, but they sat together in ‘Jirgas’ and have amicable relations with each other.
This showed that they had a ‘divide and rule policy’ which successfully gave them control, the report argued. The report further contended that by these activities, they (chiefs) received political, social and monetary benefits from this power.
The report mentioned that on April 23, Justice Rehmat Hussain Jafri of the Sindh High Court (Sukkur Bench) had given a decision that imposed a ban on holding ‘Jirgas’ in Sindh. So in the case of Sindh, it was very surprising that certain politicians and legislators still kept up participating in the proceedings of ‘Jirgas’.
The report recommends that an effective implementation of the Sindh High Court decision throughout the province must be ensured with the cooperation of the law enforcement agencies.
Also, the ruling should be translated into local languages from the complicated legal jargon it was in at present and published widely in the media in order to create awareness among the people.
Any administrative official or politician who was known to have participated in ‘Jirgas’ after the ruling of the Sindh High Court should be heavily penalized so that the government’s stance against ‘Jirgas’ was firmly established, the report suggested.
The report further recommended that reforms should be introduced in the judicial system to reduce the delays and expenses people faced during court proceedings, for the main reason people claimed to favour ‘Jirgas’ was because they were faster and cheaper than the courts.
The report maintained that a campaign should be run by media agencies, in cooperation with non-governmental organizations (NGOs) and other members of civil society, to further publicise the issue, and to draw attention to the non-existent role of political parties in order to generate more political interest.
The legal community should lobby politicians to implement the necessary changes that would protect victims of the ‘Jirga System’ particularly women and the couples who married of their own free will, the report concluded.
Those assisted HRCP in the preparation of this detailed report (above 100 pages) include Ghufrana Arian, Farzana Panwar, Sumana Hussain, Zahid Ali Akbar, Sania Sufi, Mamoon Nawaz, Zia-ur Rehman and Paryal Marri.
Source: The News
Date:9/26/2004
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