Afghan Women's Network

Afghan Women's Network

Consultative Conference on the Draft of Reconciliation in Civil Disputes law

I.  Summary:  
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.  
II.  Agenda:  
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. 

  • It is easy access people.     
  • Better for removal of the hostility between the parties. 
  • accelerate judicial review of the courts 
  • Prepare opportunity for discussion  and dialogs for parties. 
  • Required less cast  
  • Decrease of judicial and imprisonment’s issues. 
  • struggle on not prolonging the issues and effort for understanding the rights of people  
  • attracting of the people trust and confidences  
  • Integrating of informal justice. 
  • Institutionalization of the Jarga practices through legislation. 

2-  Dr. Soraya Sobhrag:  from  Afghanistan independent Human Right Commission  express here disagree with this draft law and brought below points as reason.  

  • Failure to secure justice through Council (Shura) and Jargas. 
  • Failure to meet the anticipated requirements in this draft of resolution in Jargas because they cannot monitor effectively. 
  • Lack of balance of power among the parties in disputes by Jargas and Shuras . 
  • Reconstruction of the judicial and legislative system instead of density of the trails. 

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.   

  • The law is basically the art of the legislator. 
  • Failure to consider the following points  
  • Disregarding in legal language grammar. 
  • Failure to observe the law and terminology. 
  • No explicitly in this law 
  • Lack of coordination with the situation of people . 
  • Failure to secure the social needs to this law. 
  • Lack of interest in this legislation. 
  • Lack of obligation for the  enforcement of this law.  
  • Failure to comply with the name of the draft. 
  • Community does not need to this law  

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: 

  • Face to facing of the parties in conflict.  
  • brining of peace (prevention of violence) 
  • Ensuring of the safety in parties. 
  • Including of the right facts to get the right solution for both parties. 
  • There are Different modules for the disputes resolution n different countries as The arbitration center, various groups, literary conversation use for the settlement of disputes. 
  • More considering to the victims    
  • Consensual of the parties is considering. 
  • Impartiality is considering in this Law . 
  • Proposal to organizations that use informal approach. 
  • Enhancement the capacity of these organizations to conduct standard form of mediation. 
  • The final proposal should made base on development of family attribution 

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. 

Answers   Part-02    
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

# Time  Issues/Topic Facilitator
 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