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AWN Advocacy & legal Departments held a consultative conference on the draft of Reconciliation in Civil Disputes Law in Kabul. This conference was held with coordination of UN-Women where representatives of Ministry of Justice, Afghanistan Independent Human Rights Commission, lawyers, legislators and members of the Afghan Women’s Network were participated.
Hasina Safi, executive director of the Afghan Women’s Network welcomed to participant and said goals of the conferences which was consultation with experts and lawyers about the Draft of Reconciliation in Civil Disputes Law”.
in follow Ms.Hangama Anwarie head of gender in UN-Women said that our department wants from all lawmakers, that all laws to pass in Afghanistan , the role of civil society should consider in. After that Ms.Sultana Khaknzhad legal consultant in Afghan Women’s Network present the background of” the Draft of Reconciliation in Civil Disputes Law”. later on penal member each one Mohammad Ashraf Rasolie senior adviser in legislative Affairs at the Ministry of Justice, Soraya Sbhrang Commissioner for Human Rights Commission , Shahla Farid Professor at Kabul university and Maseha Fayeze gender and legislation adviser in UN-Women had thier remark in relation to the problem/ solution about the Reconciliation and Civil Disputes Law. Finally the program is ended with feedback from participants and conclusion by Makaie Seywash board member of AWN.
According to the agenda the conference started at 9:30 Am . Mr.Fahem Shekhani recite few verses of Holy Quran. Ms. Robiba Hamdard Head of AWN’s Advocacy Department was responsible to chair the conference. Speaker including the agenda speaks on turns and present their comments about this as below.
1- Ms. Hasina Safi had welcome to the participants and briefly explained the goals of the conference which was consultation with experts and lawyers about “ the Reconciliation in Civil Disputes Law” she also read though agenda and mention from names of the speakers in this conference.
2- Ms.Hangama Anwarie head of gender in UN-Women said in her speech, that two main aspects are there, that our office prefer this program (i) Gender Equality ,(ii) the organization wants to consider Civil Society role in all legislations which endorse in Afghanistan. she added that Civil societies role in reform of laws are important and mentioned about the concerns in past years that the Reconciliation in Civil Disputes Law was excluded from the legislation‘s agenda of Ministry of Justice but later on that is replaced in the agenda of this organization . She also pointed that there are still some concerns about the formation of this law, whither it is a law or regulation. she said that we still have concern about justice of women rights in regard to this law and hope that our experts in penal should clear us this points. In part of her speech she remind from field courts and express her concern for that too.
3- Sultan Khaknezhad legal consultant for Afghan women’s Network provide information through a presentation about the Reconciliation in Civil Disputes Law“to the participants .
Annex -1 is presentation for further detail .
III. Penal Work / Question & Answer session:
For the penal Mr. Ashraf Rasolie, Dr.Soraya Sobhrang, Ms.Shahla Farid and Ms.masiha Fayez were selected among the participant to have their remarks about Draft of Reconciliation in Civil Disputes Law and also answer to the participant’s questions. The panelist also provide information to questions raised by Ms.Robina .
1. What is the need for the Reconciliation in Civil Disputes Law, while there is formal justice active in Afghanistan (Mr.Ashraf Rasuli)
2. What are the practical experiences of Shuras/Jirga’s in Afghanistan (especially on women and children cases ), Dr.Soraya Sobhrang
3. What are the pros and Cons of the current draft of Shuras Law? ( Professor Shahla Farid )
4. What are the practices of other countries? ( Ms.Masiha Fayez ).
Answers: Part -1
1- Mr.Ashraf Rasoli : Senior adviser in legislative Affairs, was agreed with approval of this Draft and said that your concern in regard to criminal issues is reasonable but you better know that all cases are included in two main branches (i) Criminal , (ii) civil where this law is deal with Civil cases and also according to the article 230 Of law express that in civil trail all cases first presented in the Civil Court also referred to
conciliation, hence for regulation of the reconciliation Civil Disputes Law is essential. He further mention below advantages from Civil Law.
2- Dr. Soraya Sobhrag: from Afghanistan independent Human Right Commission express here disagree with this draft law and brought below points as reason.
3- Professor Shahla Farid, Provide information in response of question by mentor (Ms.Robina) and pointed below defects and said that Legislative approach requires a fundamental review.
4- Masya Fayez
Ms. Masya Fayes had more focus on restorative justice which is applicable in other countries and did link that with draft of Reconciliation in Civil Disputes Law. she explained the benefits of that law and comparatively shown her agree with this laws endorsement ,further she mention from below points in regard to this law:
After questions and answers’ session by all Panelist, Mr. Ashraf Rasole had his justification and explained about questions and comments referred to him and said that, according to the article 4 of this draft that relevant organs as provincial council, district council are to prevent the violations in discussion and disputes, and find suitable solutions. Mr.Rasoly was favor to arrange seating with government and find solution. He said we should work for this law’s enrichment rather than to defect it. Ms.Roshan Serat also had remarks in this regards that there is no guarantee with decision of Jargas that if they will decide against the law, also she add that it was the Jargas that harmed the woman more than other . Mr.Ashraf Rasoly In response to Ms.Serat said, that each law in its early stage of development has problems . He again was favor to work for enrichment of the this law .
IV. Question / suggestion by Participants :
In this part of the program participants in Hall had questions and raised their suggestions/ views regarding the Reconciliation in Civil Disputes Law as below. The panelist provides answers to each of them respectively.
Homa Alizoai , Head of primary Children court :
Homa Alizoai in regard of this draft had explanation in her comments and said three suggestions as (i) base on article No 120 of the country constitution, supreme court is authorized for resolution of all kind cases,(ii) this draft rely on article 54 of the country constitution , where that article had much concentration on family issues particularly children and Mothers,(iii)This law is basically for resolution of civil disputes which rely on the informal justice. Reformers decision is not final decision, since court has three stages, if problem occur in one stage, the rest two can resolve the problem.
Faridon Wafa, Defend lawyer
For solution of every problem law and regulation should be existed, He was favor of this law and expressed to place it in platform of Jarga’s law which is already existed.
Najla Rahil , Defender lawyer:
She had talk about this law the and enforcement of decision based on law. As said, the law become while as a Law, when it has enforcement’s guarantee. Since experience disclosed in Afghanistan that in Afghanistan no guarantee is available for the enforcement of law.
Samira, AWN board member:
she had three questions as (i). Asked that with establishment of councils, doesn’t it make job interface with formal justice office, (ii) what guarantee is there, that this law is on benefits of women, And also on what context this issue is important in Ministry of Justice ,(iii) we no need to develop law for donor because we know the law by ourselves not for donor.
Ashraf Rasolie pointed to Elimination of violence law and said why this law is countered with reactions , while it‘s all articles are will described .He added, as long as, we do not customized the culture as whole and do not strive for its reform , the law should not be useful . In question of Soraya Sobhrang said ; Human rights commission emphasize on problem solutions through informal justice. We believe that in our culture we have best mechanize for disputes settlements which is part of our culture but there is no guarantee in context of this law enforcement because peoples knowledge is not on the level to properly analyses and interpret the law .he refer to 2nd part of article 54 and 120 of Afghanistan constitutional law and did further explain in this regards .
At the end of this session, two of the participants either had their remarks about this Law which Mr. Ashaq Faizyee was agreed with endorsement of this law and Mr.Modaser was disagree with endorsement of this law.
V. Canclusion :
Finally Makaye Syawash had briefing mention from all program and thanks from the participants for devoting there time in participation in this program . Hasina Safi Director of AWN also had briefing and thanks from the participates for dedication of their time for this valued conference.
Annex -1 Presentation
Please refer to attached file named Presentation about[ Draft of the Reconciliation in Civil Disputes Law]
Annex -2 : Agenda of the conference
Time Issues/Topic Facilitator
1 09:00- 09:05
|1||09:00- 09:05||Recitation of the Holy Quran||Mr. Fahim Shaikhani|
|2||09:05- 09:10||Welcoming/Opening Remarks||Ms. Hasina Safi AWN executive
|3||09:10-09:15||Opening Remarks||Ms. Hangama Anwari|
|4||09:15- 09:30||Background of Law Reconciliation in Civil Conflicts||Sultana Khaknizhad|
|5||09:30- 10:00||Broader presentation on the content of Law Reconciliation in Civil Conflicts||Sultana Khaknizhad|
|6||10:00- 11:30||Panel Discussion||, Ms. Shahla Farid, Mr. Ashraf
Rasuli, Ms. Masiha Fayez ,Dr.
|7||11:30- 12:00||Conclusion and Next Steps||Makai Seyawash