United NationsDevelopment Programme

April 13, 2023 1

Women, Land and Access to Justice:

Focus on Afghanistan

Dr. Ali Wardak, Ms. Patricia Wildermuth

10 June 2014

Post-conflict issues Emerging power politics Extensive corruption Insufficient formal justice infrastructure Weak formal justice system/institutions Limited civil service capacity Strong informal system Inadequate legal aid Increasing IDP populations; women head of

households

April 13, 2023 2

Situation Overview

April 13, 2023 3

Situation Analysis Multiple overlapping justice systems Ineffective and inaccessible formal system Extensive, accessible informal system, but no linkages

to formal system for enforcement Women’s land ownership platforms: Inheritance and

Mahr Differences between rights to inheritance, Mahr and

property and obtaining those rights Women unlikely to receive inheritance (89% men, 39% women

received inheritance) or Mahr (less than 35%). Knowledge of property rights, support of male family members

and access to justice are critical components to obtaining rights Impact of cultural norming: patriarchal culture

Most common reason cited for lack of obtaining inheritance and Mahr is trouble caused by husbands, brothers, police and courts

April 13, 2023 4

Key and Emerging Issues Lack of information and knowledge Ineffective formal system despite extensive donor

support Women cannot/do not seek help from formal

system Brings “shame on families” (against cultural norms) Leads to domestic violence Inaccessible and corrupt

Women can and do seek help from the informal justice system Use of shuras and jirgas; anecdotally some successes on

ad hoc basis Shuras generally have no women sitting Shuras/jirgas have bias against women

April 13, 2023 5

Challenges Illiteracy Multiple and competing justice systems Discriminatory practices Civil service capacity of formal justice system

Few female officials in justice system Legal aid

Informal system Women’s rights issues Prior attempts at linkages

Funding and support Donor coordination; prioritizing and sequencing Fatigue

AIHRC

Wakil -e- Gozars (Cities)

National NGOs

Intern. NGOs

Jirga/Shura (Rural Villages)

Ulama and Religious Institutions

Taliban Justice

State Justice

MOWA

Multiplicity of Justice Providers

AIHRC/MOWA/CS Representatives

Rohnam-i-Mo’amelat (Real Estate Agents)

Disputants/trustworthy muharram

Gozar Shura headed by lawyer/educated person

Linking Justice Providers in Urban Areas

April 13, 2023 8

UNDP & UNAMA’s role

Addressing key problems including:- Strengthening professional human capacities of

justice personnel- Legal awareness among communities and

vulnerable groups- Community-Based Dispute Resolution trainings

targeting informal justice actors to ensure application of human rights principles in TDR mechanisms

- Field research on the nature, scope and operation of non-state justice providers

- Provision of advisory support to policy makers for the production of a policy and legal framework linking formal and informal justice mechanisms

- Establishment of a Policy Advisory Group on Land (PAGL)

April 13, 2023 9

Lessons Learned• Start with what exists: “If you build it, they will come” not

always applicable. • Educating women about their land rights is most effective

when coupled with information about how to obtain those rights and support to obtain those rights.

• Establishing well defined relationships between existing formal and formal systems, with specified roles, assists in deconflicting multiple justice systems and increasing access to justice for women.

• Strengthening an accessible and trusted informal system with focus on women’s land rights increases accessibility to justice for women.– Recommendations regarding linkages between the informal

system and formal systems that are drafted narrowly to specifically address women’s issues relating to land are instrumental in avoiding unrelated, insurmountable, and contentious issues