Before I address her criticisms in detail, I just want to stress that all of us recognize that the situation in Pakistan is bad. There are allegations of corruption and political malfeasance against a thousand people in the Pakistani courts. There are many things not functioning in a healthy, just manner—there is political pressure, nepotism, different mafia-type groups, warlords, militants and so forth. But we cannot just stand and accuse people of being bad and doing bad things. We must offer and work toward alternatives. And we must try to work with anyone who seems willing to do the same. What choice do we have? For that reason, I am happy to work with Rukhshanda, and I invite her to contact me personally through my website, http://www.justpeaceint.org. I answer all sincere e-mails myself.

Concerning Rukhshanda’s specific concerns, firstly, it is possible for people to assume that jirga is the one function throughout Pakistan, while in fact there are different systems–Punchayth, Fasilo and Kacher–doing many wrong things with women. The inhuman acts committed by these various systems are credited to jirga by many civil society organizations. Secondly, many of our colleagues–especially those with less knowledge of jirga and restorative justice systems–still consider jirga as composed of illiterate, traditional, narrow-minded people, while in reality most people involved are more educated even than modern westernized English medium-educated people. In Muslahathi committees there are lawyers, social workers, civil society members, religious leaders, even minorities’ representatives–they decide the case on its merit and according to the human rights rules. The cases are registered in the police station, along with the procedures followed and with the signatures of the committee’s members and parties. The outcome of the case can be seen and challenged, if necessary, by anyone in the courts. I know of cases that were brought to the courts and Muslahathi committees members were asked to defend their decisions, and the courts the rendered the same verdicts (as in case of Abbottabad). I also know of cases that were referred by courts to the committees for resolution.

In the Peacebuilder magazine article it is mentioned that the reconciliation committee is known as Muslahathi. “Muslahath” in local language means “making wrongs right” as it is also in restorative justice system. While “adal” refers to justice that is done by the courts. In the present scenario, true justice may not be gotten in the courts in Pakistan. Similarly, truly “making wrongs right” may not be achieved through the Muslahathi committees. It is not realistic under present circumstances to expect ideal functioning from either system. I agree that jirga is without women–that’s why we started Muslahathi committees to include women’s human rights violations, along with improving the treatment of young people and children. Reviving jirga was intentional on our part; first we did research on it, and then we traced the joint linkages with the restorative justice system and we arranged an international seminar in 2003. In 2008, we started implementing it in a new shape and spirit, in the form of Muslahathi committees at each police station. In the international seminar in 2003 and in the 2008 implementation phase, Malik Naveed khan took the lead, initially as Director FIA, and then as Inspector General of Police. Senator Afrasyab Khattak, Dr. Kabir (late) and I assisted him to introduce the restorative justice system in Pakistan. It was important to link it to the system of jirga, because jirga has been in the Pukhtoon culture since long ago and it is still in practice, as there is an official figure that 90% cases in rural areas and 70% in urban areas are still resolved through jirga. Everywhere in the world, it is important for restorative justice practices to be embedded in the local culture and context, or local people will not feel that they “own” them.

This is not the time or place for me to address the corruption case you mentioned involving Malik Naveed khan, since it is in court and I do not know all the particulars (though I must add that in Pakistan in our current mistrustful and dysfunctional situation, there are numerous charges and counter-charges of corruption of officials, and it is not always clear whether the charges are politically or honestly motivated). Personally, though, I found him to be one of the best police officers in terms of working closely with me to revive the system of jirga and introducing the restorative justice system in the police department. The main reason for the introduction of Muslahathi committees was to cleanse the THANA culture and to make an effort to correct corruption in the police department—this is what Malik Naveed put on the table to us before implementation of the project in 2008. I agree that corruption is in the police department. For that reason, we established these committees in the police station to record each case, and to develop checks and balances for that. A mechanism was developed so that elders could report police officers to higher ups if they were believed to be involved in corruption. Similarly, if the elders were involved in human rights violations, they too should be checked by police and courts together. If the checks and balances are not working as well as we would hope, they are still better than nothing!

Malik Naveed took another bold step, by opening offices for the Muslahathi committees at each police station. This means, for the first time in the history of Pakistan, elders of the community now sit at police stations, without the permission or involvement of the police. Any member of the community–male, female, children–can approach straight to them for any complaint to be launched and for it to be settled. Before that THANA (police station) culture was a symbol of terror for vulnerable groups like women, children, who could not easily access the police. Now they can approach very easily since their own community people are sitting there.

Regarding female committees, we have made progress but of course there is still room for improvement. Women have been trained separately and linked to the committee in police stations in the following locations: Nowshera police station (Malik Juma Khan Convener); Havealian Muslahathi committees; Abbottabad Muslahathi committees; and Harpur Cant Muslahathi committees. In some place like Nowshera Kalan, women sit in police stations along with male committee members on a regular basis. In some cases minority women (Hindu, Sikh, and Christian) have representation, as in case of Mardan and Nowshera, as well as in Haripur, Abbottabad, and Manshera. In some places–like Mardan, Swabi, even in Peshawar—the traditional culture and ways of thinking have blocked the representation of women. In these cases, the best we can do is to continue to work at showing traditional men how it is a benefit to all to include women.

The legal status of these committees? Malik Naveed khan–then Inspector general of police–issued a standing order that is law and valid for five years for the establishment of Muslahathi committees. He further inducted Muslahathi committee’s rule of business into the police rule, which is a legal document for police personnel to follow. He also issued a special order for establishment of Muslahathi committees offices in each new police station construction from then onward. For the legal back- up we consulted different people, especially the provincial assembly secretariat. The speaker Karamatullah Khan Chgarmattai stated that the Muslahathi committees were well backed up by custom as we have had an indigenous jirga system for conflict resolution in our system since long ago. He told the evaluation team that he himself practiced as a “jirga mar” (jirga member); being a lawyer of the high court, he often referred cases to jirga. He gave an example of a famous Dabangai enmities case that was resolved by him through jirga after long bloodshed. Other lawyers we consulted also viewed jirga as a simple, cheap, easy justice system that often reconciles the parties in conflict. By contrast, the criminal court system might render a decision, but it does not reconcile the parties in conflict–even after years of litigation, an acquitted person is often killed on the same day, even going home from the court.

Another form of legal backing was under the district government ordinance implemented by General Musharaf that worked under Nazim of union council. This backing was given to Muslahathi Jirga, Ansaf Committees, justice committees, and Muslahathi Anjuman. These were not as successful as the Muslahathi committees established under Malik Naveed khan’s orders, because the police forces were not involved and it is hard to have any success without the two main actors in Pakistani culture: Thana Moharar (mirza) and Revenue department Patware, as Thana Mirza is sitting at the police station while Patware is asked to attend any conflict if needed. (For further detail, there will soon be published and posted online some new research done for Just Peace International, “Access to Informal Justice System,” conducted for UNICEF Pakistan). Since UNDP started Muslahathi Jirga again in the Province of KPK, I am also planning now to link it to Muslahathi committees to address the conflict from one platform. I need support/help from friends like Rukhshanda to join hands with us for the unification of Muslahathi jirga UNDP project (having legal back-up under district government ordinance 2002 and Muslahathi committees, IGP standing order 2008).

The system of Muslahathi committees is not perfect in any sense, but I believe the committees are almost always an improvement over what communities previously used to seek justice. (Restorative justice professor Howard Zehr explains that restorative justice is not a final solution; it is a compass that gives us direction.) Civil society is still struggling in Pakistan, but I believe the revival of jirga in the form of Muslahathi committees is a step in the right direction. It is certainly better than giving up and doing nothing! At Just Peace International, we are not seeking perfection, just step by step improvements toward a better society.

Regarding stoppages of funding, seed funds were given to the Asia Foundation by the Australian embassy to start an initiative for resolving small issues on the grassroots level. The Asia Foundation, in turn, provided funding to Just Peace International. The funder gave no further commitment, as the situation of the province was very violent in 2007-8 and funders were hesitant to commit to a full-fledged program without the guarantee of tangible results. The flood of 2010 also diverted attention of the donors to immediate rehabilitation. We are still working hard on a volunteer basis to offer training and assistance for the Muslahathi committees to work effectively. Recently in 2011 we started Muslahathi Committees in the violent areas of SWAT administrative district, upper and lower DIR Districts, with another very active police officer Qazai Jamil, who was Deputy Inspector General of the Police in Malkand, now DIG Elite Force Peshawar.

For the achievements and progress of the Muslahathi committees, anyone is welcome to approach Just Peace International, The Asia foundation, Muslahathi Committee offices at Abbottabad, Manshera, Harpur, Nowshera, and the Sociology Department of Peshawar University, where students recently did research on Muslahathi committees. The students not only studied our project area in seven Districts (now eleven), but also went to the South Zone of KPK province, where concerned district police officers started Muslahathi committees on their own. For information on the students’ extensive report to the department of sociology, please contact Professor Rashid Khan, who is the head of the research project. Along with the reports, I also invite anyone interested to see my Facebook page where I daily post information on resolved cases of feuds, land, violence, and issues involving women and children. Some of these have been published in Urdu newspapers, which are also accessible via the Internet.

In most of the districts where this project was launched, the communities demanded of their administrations to wind up these corruption houses (so-called musalihat committees) immediately. therefore the donors have also with-drawn their support. The police, particularly the corrupt officials likes of Malik Naveed (who is currently facing multiple charges of corruption in various departments he has served in National Accountability Courts and was under arrest on court orders) wish this malicious corruption cycle to continue as these committees (also called thana or police committees) provide the ‘daily bread & butter’ for the corrupt police officials at local level…..

Please verify these facts from the local communities in districts where these committees were established…..

Appreciate your understanding. thanks