Jirga

Jirga is a traditional assembly of leaders, elders, and respected members of a community, used primarily among Pashtun populations in Afghanistan and Pakistan, though it is also found among other tribes in the region. The term derives from Pashto and means a gathering or council. Jirgas function as a forum for consultation, dispute resolution, mediation, and decision making on local and tribal matters.

Forms and scope: Informal jirgas address everyday issues such as land disputes, family matters, and local governance. A grand jirga, or Loya Jirga, is a larger assembly convened to decide on major national matters or constitutional changes, and in Afghanistan has played a central role in political transitions, including the adoption of the 2004 constitution. Jirga decisions can be binding within the community and are often framed by customary law known as Pashtunwali, rather than formal state law.

Procedures: Participants are usually selected to represent clans and tribes; deliberations emphasize consensus and honor, with a presiding elder guiding discussion. Records are typically informal and decisions rely on communal legitimacy rather than judicial procedure. In some areas, state authorities recognize jirga decisions to varying degrees, while in others they operate parallel to formal courts.

Impact and controversy: Jirgas reflect traditional governance and conflict-resolution practices in regions with weak central authority. They have been used in peace negotiations and tribal arbitration, but they face criticism for limited inclusion of women and minorities and for potential human rights concerns, particularly when used to justify practices inconsistent with national law or international norms.