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{{short description|Assembly of Pashtun tribal leaders}}
{{other uses}}
A '''jirga''' ({{langx|ps|جرګه}}, ''jərga'') is an assembly of leaders that makes decisions by consensus according to [[Pashtunwali]], the [[Pashtuns|Pashtun]] social code. It is conducted in order to settle disputes among the Pashtuns, but also by members of other ethnic groups who are influenced by them in present-day Afghanistan and Pakistan.

Historically, a ''loya jirga'' or a "great council" has been convened in order to elect a new head of state, approve a new constitution or resolve critical issues.<ref name="news.bbc.co.uk">{{cite news | url=http://news.bbc.co.uk/2/hi/south_asia/1782079.stm | work=BBC News | title=Q&A: What is a loya jirga? | date=July 1, 2002 | access-date=May 11, 2010 | archive-date=May 23, 2019 | archive-url=https://web.archive.org/web/20190523165931/http://news.bbc.co.uk/2/hi/south_asia/1782079.stm | url-status=live }}</ref> ''Loya jirgas'' have reportedly been organized since the rise to power of the [[Hotak dynasty]] in the early 18th century. In July 1747, Pashtun chiefs assembled in [[Kandahar]] to elect a new king, choosing the 25-year-old [[Ahmad Shah Durrani]], who is credited with founding the modern state of [[Afghanistan]].<ref>{{cite news |url=https://www.nytimes.com/2009/09/11/opinion/11krakauer.html?scp=8&sq=jon%20krakauer&st=cse |title=To Save Afghanistan, Look to Its Past |author=Jon Krakauer |newspaper=New York Times |date=September 11, 2009 |access-date=2014-10-29 |archive-date=2021-05-08 |archive-url=https://web.archive.org/web/20210508182434/https://www.nytimes.com/2009/09/11/opinion/11krakauer.html?scp=8&sq=jon%20krakauer&st=cse |url-status=live }}</ref>

From 11 to 14 October 2024, the [[Pashtun National Jirga]] was held in [[Khyber District|Khyber]] to discuss the critical issues faced by the [[Pashtuns]] in [[Pakistan]] and [[Afghanistan]].

==Etymology==
The word ''jirga'' is cognate to [[Middle Mongol]] noun, [[wikt:ᠵᠡᠷᠭᠡ|ǰerge]] (originally meaning rank and order), referring to a large assembly of men forming a very broad circle, initially intended for laying siege around [[game (hunting)|games]] or animals to be hunted for food or sport.<ref>{{cite book |last= Noelle |first= Christine |date= 1997 |title= State and Tribe in Nineteenth-century Afghanistan: The Reign of Amir Dost Muhammad Khan (1826-1863) |url= https://books.google.com/books?id=Mf2cvE5jYrYC&pg=PA368 |location= [[Milton Park]] |publisher= [[Routledge]] |page= 368 |isbn= 978-0700706297 |quote= ''jirga'' (from Mongolian, 'circle')…}}</ref><ref>{{cite book |author=<!--Not stated--> |date= 1875 |title= Report of a Mission to Yarkund in 1873, Under Command of Sir T. D. F., ... With Historical and Geographical Information Regarding the Possessions of the Ameer, Etc. [By H. W. Bellew, E. F. Chapman, H. Trotter and Others. With Photographic Illustrations.] |url= https://books.google.com/books?id=xv9aNhzVvRsC&pg=PA153 |page= 153 |quote= …''Jirga'' = "[h]unting cirlce," with power to punish according to rule those who infringed its regulations.}}</ref><ref>{{cite book |last= Allsen |first= Thomas T. |date= 2011 |title= The Royal Hunt in Eurasian History |url= https://books.google.com/books?id=WFls6zdc40QC&pg=PA26 |location= [[Philadelphia]] |publisher= [[University of Pennsylvania Press]] |page= 26 |isbn= 978-0812201079 |quote= ''Jerge'' has the basic meaning of "rank," "order," "row," "column," and is used in that sense in the ''Secret History'', the Mongols' own account of the rise of their empire. By extension, however, ''jerge'' came to mean "battue," "hunting circle," or an "incircling movement" in warfare.}}</ref> Pashtun elders also typically sit in a circle when debating and hearing a given dispute during a tribal jirga.

In [[Pashto]], a grand jirga is known as ''loya jirga'' ({{lang|ps|لویه جرګه}}, ''lōya jərga''). A mini-jirga is called ''jirgagai'' ({{lang|ps|جرګګۍ}}, ''jərgagəy'').

== Origin and historicity ==
The institution, which is centuries old, is a similar idea to the Islamic ''[[shura]]'' ("consultative assembly").<ref name="news.bbc.co.uk"/>

It is thought that the ancient [[Indo-Iranians|Indo-Iranian]] tribes, also known as Arya or [[Aryan]]s, practiced a sort of jirga system with two types of councils – ''{{Transliteration|ps|simite}}'' and ''{{Transliteration|ps|sabhā}}''. The ''{{Transliteration|ps|simite}}'' (summit) comprised elders and tribal chiefs. The king also joined sessions of the ''{{Transliteration|ps|simite}}''. {{Transliteration|ps|Sabhā}} was a sort of rural council. In present-day [[India]], they are still referred to as ''Samiti'' and ''Sabha''.

In Afghan society, the jirga is still maintained and favored, mostly by tribal leaders to solve internal or external disputes with other tribes. In some cases it functions like a [[town hall meeting]]. When the Afghans took power they tried to legitimize their hold with such a jirga. While in the beginning only Pashtuns were allowed to participate in the ''jirgas'', later other ethnic groups like [[Tajik people|Tajiks]] and [[Hazara people|Hazaras]] were allowed to participate as well. The member of the ''jirgas'' were mostly members of the royal family, religious leaders and tribal leaders of the Afghans. King [[Amanullah Khan]] institutionalized the jirga. From Amanullah until the reign of [[Mohammed Zahir Shah]] (1933–1973) and [[Mohammed Daoud Khan]] (1973–1978) the jirga was recognized as a common meeting of regional Pashtun leaders. The meetings do not have scheduled occurrences, but rather are called for when issues or disputes arise. There is no time limit for a jirga to conclude, and the meetings often take time because decisions can only be made as a group and arguments can drag out for days. Various issues can be addressed such as major disaster, foreign policy, declaration of war, the legitimacy of leaders, and the introduction of new ideas and laws.

== Functioning methodology ==
The community council meaning is often found in circumstances involving a dispute between two individuals; a jirga may be part of the [[dispute resolution]] mechanism in such cases. The disputants would usually begin by finding a [[Mediation|mediator]], choosing someone such as a senior religious leader, a local notable, or a mediation specialist (a ''[[Khan (title)|khan]]'' or ''məshər''). In tribal Pashtun society, the maliks serve as ''[[de facto]]'' arbiters in local conflicts, interlocutors in state policy-making, tax-collectors, heads of village and town councils and delegates to provincial and national jirgas as well as delegates to Parliament. The mediator hears from each of the two sides and then he forms a Jirga of community elders, taking care to include the supporters of both sides. The jirga then considers the case and, after it discusses the matter, it comes to a decision about how to handle it, which the mediator then announces. The jirga's conclusion is binding.

==Afghanistan==
===1709 ''loya jirga''===
A ''loya jirga'' was gathered by [[Mirwais Hotak]] in Shari Safa near Kandahar in 1709.<ref>{{cite web |url=http://wolas.beepworld.de/mirwaisneeka.htm |title=Mirwais Neeka |publisher=Wolas.beepworld.de |access-date=2013-04-15 |archive-date=2010-03-10 |archive-url=https://web.archive.org/web/20100310070623/http://wolas.beepworld.de/mirwaisneeka.htm |url-status=live }}</ref>

===1747 ''loya jirga''===
A jirga at [[Kandahar]] was attended by Afghan representatives who appointed [[Ahmad Shah Durrani]] as their new leader.

===1928 ''loya jirga''===
In September 1928, a jirga was called by [[King Amanullah]] at [[Paghman]] near Kabul, the third ''loya jirga'' of his reign (1919–1929) to discuss reforms, during which King Amanullah asked [[Soraya Tarzi|Queen Soraya]] to remove her veil in order to gain support for his modernizing policies. However, this was too much for the delegates, some of whom instigated a revolt.<ref name="news.bbc.co.uk"/> Resistance against Amanullah's reforms eventually led to the [[Afghan Civil War (1928–1929)]].

===2002 ''loya jirga''===
{{main|2002 loya jirga}}
In [[2002 loya jirga|June–July 2002]], [[Hamid Karzai]] elected to oversee a ''loya jirga''. This was only possible because in the fall of 2001, Karzai was able to successfully lead one of the largest tribes in southern Afghanistan in a revolt against the rule of the [[Taliban]]. The ''loya jirga'' was organized by the interim administration of Hamid Karzai, with about 1,600 delegates, some of the delegates were selected during elections which were held in various regions of the country, and other delegates were selected by members of various political, cultural, and religious groups. It was held in a large tent on the grounds of the Kabul Polytechnic on June 11 and it was scheduled to last about a week. It formed a new [[Afghan Transitional Administration|Transitional Administration]] that took office shortly thereafter.

More than 1,000 of the participants were elected in a two-stage procedure. Each district elected 20 members, who then elected one person who would represent the entire district in a secret vote. At least one member was allocated to each of the country's 362 districts, with an additional seat being allocated for every 22,000 people. No one was barred from the meeting with the exception of people who were accused of engaging in [[terrorism]], people who were suspected of being involved in the illegal drug trade, people who committed human rights abuses, people who committed [[war crime]]s, people who committed pillage, and people who committed theft of public property. Additionally, nomads, refugees, intellectuals, representatives of cultural institutions, representatives of social organizations, and religious scholars were all in attendance. Of the remaining seats, a total of 160 seats were allocated to women.<ref name="news.bbc.co.uk"/>

===2003 ''loya jirga''===
{{Main|2003 loya jirga}}
On [[2003 Loya jirga|14 December 2003]], a 502-delegate ''loya jirga'' was convened in Kabul to consider the [[Constitution of Afghanistan|proposed Afghan Constitution]]. Originally planned to last ten days, the assembly endorsed the charter by January 4, 2004.

=== 2022 ''loya jirga'' ===
{{Main|Afghanistan Ulema gathering}}
From 29 June to 2 July 2022, the [[Government of Afghanistan|Taliban government]] hosted the first loya jirga since its takeover at the Loya Jirga Hall in [[Kabul]].<ref name=":4">{{Cite web |date=2022-06-30 |title=Taliban meet tribal leaders, minority reps in first loya jirga since takeover |url=https://www.arabnews.com/node/2114061/world |access-date=2025-04-08 |website=[[Arab News]] |language=en}}</ref><ref name=":5">{{Cite web |last=Xu |first=Weiwei |date=2022-07-03 |title=Loya Jirga appeals for recognition of Taliban |url=https://global.chinadaily.com.cn/a/202207/03/WS62c197a5a310fd2b29e6a0cf.html |access-date=2025-04-08 |website=[[China Daily]]}}</ref><ref>{{Cite news |last=Khan |first=Omer Farooq |date=2022-06-28 |title=Taliban convene 'Loya Jirga' in Kabul |url=https://timesofindia.indiatimes.com/world/south-asia/taliban-convene-loya-jirga-in-kabul/articleshow/92500437.cms |access-date=2025-04-08 |work=[[The Times of India]] |issn=0971-8257}}</ref> Around 3,500 people attended, including scholars, tribal elders, non-Taliban local leaders, representatives of the [[Shia Islam|Shiite]] community, and representatives of [[Afghan refugees]] in [[Iran]] and [[Pakistan]].<ref name=":4" /> No female delegates were present.<ref name=":4" /> The jirga produced an 11-point resolution, which reiterated the country's sovereignty, and implored the international community to recognize the Taliban government.<ref name=":5" />

===Other historical jirgas===
Some other historical jirgas in the [[history of Afghanistan]] are:
* '''September 1930''' – A jirga of 286 called by [[Mohammed Nadir Shah]] to confirm his accession to the throne.
* '''1941''' – Called by [[Mohammed Zahir Shah]] to approve neutrality in World War II.
* '''July 26, 1949''' – [[Afghanistan-Pakistan relations]] rapidly deteriorated over a dispute, officially declared that it did not recognize the 1893 [[Durand Line]] border any longer between the two countries.<ref>Agha Amin, [http://www.chowk.com/ilogs/65724/47736 "Resolving the Afghan-Pakistan Border Question"] {{webarchive |url=https://web.archive.org/web/20081012045458/http://www.chowk.com/ilogs/65724/47736 |date=October 12, 2008}}, ''Journal of Afghanistan Studies'', Kabul, (accessed December 12, 2009).</ref>
* '''September 1964''' – A meeting of 452 called by [[Mohammed Zahir Shah]] to approve a new constitution.
* '''July 1974''' – A meeting with Pakistan over the Durand Line.
* '''[[1977 Afghan Constitutional Assembly election|January 1977]]''' – Approved the new constitution of [[Mohammed Daoud Khan]] establishing one-party rule in the [[Daouds Republic of Afghanistan|Republic of Afghanistan]].
* '''April 1985''' – To ratify the new constitution of the [[Democratic Republic of Afghanistan]].
* '''May 1990''' – To ratify a new constitution of the Republic of Afghanistan under [[Mohammad Najibullah]], amendments includes providing for multiple political parties.
* '''September 2001''' – Four different ''loya jirga'' movements anticipating the end of [[Taliban]] rule. Little communication took place between each of them.
** The first was based in [[Rome]] around [[Mohammed Zahir Shah]], and it reflected the interests of moderate Pashtuns from Afghanistan. The Rome initiative called for fair elections, support for [[Islam]] as the foundation of the Afghan state, and respect for human rights.
** The second was based in [[Cyprus]] and led by [[Homayoun Jarir]], a member of the [[Hezb-e-Islami|Islamic Party]] of his father-in-law, [[Gulbuddin Hekmatyar]]. Critics of the Cyprus initiative suspected that it served the interests of [[Iran]]. The members of the Cyprus initiative, however, considered themselves closer to the Afghan people and regard the Rome group as too close to the long-isolated nobility.
** The most significant was based in [[Germany]], which resulted in the [[Bonn Agreement (Afghanistan)]]. This agreement was made under [[United Nations]] auspices, established the Afghan Interim Authority and paved the way for the later jirgas that established the [[Constitution of Afghanistan]].
* '''2006''' – Afghan president Hamid Karzai said that he and the Pakistani president will jointly lead a ''loya jirga'' to end a dispute over border attacks.<ref>{{cite news |url=http://www.ipcs.org/Oct_06_pakistan.pdf |work=[[Frontier Post]] |date=October 1, 2006 |title=Musharraf, Karzai to lead Loya jirga |url-status=dead |archive-url=https://web.archive.org/web/20070927030558/http://www.ipcs.org/Oct_06_pakistan.pdf |archive-date=September 27, 2007}}</ref>
* '''December 2009''' – after his disputed [[Afghan presidential election, 2009|re-election]], President Hamid Karzai announced to move ahead with a plan for a ''loya jirga'' to discuss the [[Taliban insurgency]]. The Taliban was invited to take part in this jirga,<ref>{{cite web |url=http://www.rferl.org/content/Karzai_To_Unveil_Afghan_Cabinet_In_Days/1896326.html |title=Karzai To Unveil Afghan Cabinet In Days |publisher=Rferl.org |date=2009-12-06 |access-date=2013-04-15 |archive-date=2016-03-03 |archive-url=https://web.archive.org/web/20160303214451/http://www.rferl.org/content/Karzai_To_Unveil_Afghan_Cabinet_In_Days/1896326.html |url-status=live }}</ref> but they declined.
* '''[[Afghan Peace Jirga 2010|June 2010]]''' – at Kabul, in which around 1,600<ref>{{Cite web|url=https://news.yahoo.com/s/afp/20100603/wl_sthasia_afp/afghanistanunrestpoliticsjirga_20100603164948|title=Afghan jirga seen as 'last hope' for peace}}</ref> delegates of all ethnic groups attended for a peace talks with the Taliban.<ref>{{Cite web|url=https://news.yahoo.com/s/nm/20100604/ts_nm/us_afghanistan_jirga_21|title=Afghan jirga to call for peace with Taliban}}</ref>
* '''17 November 2013''' – at Kabul, in which around 2,500 Afghan elders approved the presence of a limited number of US forces beyond 2014.<ref>{{cite web |url=https://edition.cnn.com/2013/11/24/world/asia/us-afghanistan-security-agreement/ |title=Loya jirga approves U.S.-Afghan security deal; asks Karzai to sign |publisher=CNN |date=17 November 2013 |access-date=2016-12-27 |archive-date=2019-06-02 |archive-url=https://web.archive.org/web/20190602150201/https://edition.cnn.com/2013/11/24/world/asia/us-afghanistan-security-agreement/ |url-status=live }}</ref>
* '''April 29 – May 3, 2019''' – at the [[Bagh-e Bala Palace]] in Kabul, held to agree a common approach to peace talks with the Taliban, amid [[negotiations between the Taliban and the United States]]. The jirga was chaired by [[Abdul Rasul Sayyaf]] and over 3,200 delegates attended. The Taliban refused to attend.<ref>{{cite web |url=https://www.rferl.org/a/afghanistan-opens-loya-jirga-grand-assembly-to-discuss-peace-talks/29909992.html |title=Afghanistan Opens Loya Jirga To Discuss Peace Talks
 |publisher=RFE/RL |date=29 April 2019 |access-date=2019-07-14}}</ref>
* '''7–9 August 2020''' – held to decide the fate of 400 Taliban prisoners accused of serious crimes, who were supposed to be freed as part of the Afghan peace process.<ref>{{cite web|url=https://tolonews.com/index.php/afghanistan/politicians-express-mixed-reactions-loya-jirga|title=Politicians Express Mixed Reactions to Loya Jirga|publisher=TOLO News|date=7 August 2020|access-date=10 August 2020|archive-date=10 August 2020|archive-url=https://web.archive.org/web/20200810023639/https://tolonews.com/index.php/afghanistan/politicians-express-mixed-reactions-loya-jirga|url-status=live}}</ref><ref>{{cite web|url=https://tolonews.com/afghanistan/loya-jirga-approves-release-400-taliban-prisoners|title=Loya Jirga Approves Release of 400 Taliban Prisoners|date=9 August 2020|access-date=10 August 2020|publisher=TOLO News}}</ref>

==Pakistan==
===1947 Bannu jirga===
{{Main|Bannu Resolution}}
On June 21, 1947, in [[Bannu]], a ''loya jirga'' was held consisting of [[Bacha Khan]], his brother [[List of Chief Ministers of Khyber Pakhtunkhwa|Chief Minister]] [[Dr Khan Sahib]], the [[Khudai Khidmatgars]], members of the Provincial Assembly, [[Mirzali Khan]] (Faqir of Ipi), and other tribal chiefs, just seven weeks before the [[Partition of India]]. The ''loya jirga'' declared the [[Bannu Resolution]],  which demanded that the Pashtuns be given a choice to have an independent state of [[Pashtunistan]] composing all Pashtun territories of British India, instead of being made to join either India or Pakistan. However, the [[British Raj]] refused to comply with the demand of this resolution, in response to which the Khudai Khidmatgars boycotted the [[1947 North-West Frontier Province referendum]] for merging the province into Pakistan.<ref>{{cite book |last=Ali Shah |first=Sayyid Vaqar |date=1993 |title=Afghanistan and the Frontier |url=https://books.google.com/books?id=c05uAAAAMAAJ |location=[[University of Michigan]] |publisher=Emjay Books International |page=256 |editor1-first=Fazal-ur-Rahim Khan |editor1-last=Marwat |access-date=2019-08-18 |archive-date=2019-12-19 |archive-url=https://web.archive.org/web/20191219182034/https://books.google.com/books?id=c05uAAAAMAAJ |url-status=live }}</ref><ref>{{cite book |last1=H Johnson |first1=Thomas |author-link1=Thomas Howard Johnson |last2=Zellen |first2=Barry |date=2014 |title=Culture, Conflict, and Counterinsurgency |url=https://books.google.com/books?id=B9ZZAgAAQBAJ |publisher=[[Stanford University Press]] |page=154 |isbn=9780804789219 |access-date=2019-08-18 |archive-date=2019-12-19 |archive-url=https://web.archive.org/web/20191219182407/https://books.google.com/books?id=B9ZZAgAAQBAJ |url-status=live }}</ref>

===2006 ''loya jirga'' for Balochistan===
In April 2006, former [[Balochistan (Pakistan)|Balochistan]] [[Chief Minister]] [[Taj Muhammad Jamali]] offered to arrange a meeting between [[List of Presidents of Pakistan|President]] [[Pervez Musharraf]] and a ''loya jirga'' for peace in [[Balochistan (Pakistan)|Balochistan]].<ref>{{cite web |url=http://www.dailytimes.com.pk/default.asp?page=2006\04\29\story_29-4-2006_pg7_16 |title=Leading News Resource of Pakistan |publisher=Daily Times |date=2006-04-29 |access-date=2013-04-15 |archive-date=2012-01-12 |archive-url=https://web.archive.org/web/20120112212154/http://www.dailytimes.com.pk/default.asp?page=2006%5C04%5C29%5Cstory_29-4-2006_pg7_16 |url-status=live }}</ref> A ''loya jirga'' was held at [[Kalat, Pakistan|Kalat]] in September 2006 to announce that a case would be filed in the [[International Court of Justice]] regarding the sovereignty and rights of the [[Baloch people]].<ref>{{cite web | url = http://www.dawn.com/2006/09/22/top4.htm | title = Grand jirga in Kalat decides to move ICJ | date = September 22, 2006 | work = The Dawn Edition | access-date = 2007-07-11 | archive-date = 2009-10-11 | archive-url = https://web.archive.org/web/20091011145302/http://www.dawn.com/2006/09/22/top4.htm | url-status = live }}</ref><ref>{{cite web | url = http://www.indiaenews.com/pdf/23289.pdf | title = Baloch chiefs to approach International Court of Justice | date = September 26, 2006 | work = India eNews | access-date = 2007-07-11 | archive-date = 2012-06-07 | archive-url = https://web.archive.org/web/20120607170825/http://www.indiaenews.com/pdf/23289.pdf | url-status = usurped }}</ref><ref>{{cite news|title=Jirga rejects mega projects|url=http://www.ipcs.org/pdf_file/news_archive/oct_06_pakistan.pdf|newspaper=The Nation|date=October 3, 2006|access-date=November 21, 2013|archive-url=https://web.archive.org/web/20120716132638/http://www.ipcs.org/pdf_file/news_archive/oct_06_pakistan.pdf|archive-date=July 16, 2012|url-status=dead}}</ref><ref>{{cite news|last=Akbar|first=Malik Siraj|title=Baloch jirga to form supreme council to implement decisions|url=http://www.dailytimes.com.pk/default.asp?page=2006\10\04\story_4-10-2006_pg7_19|newspaper=Daily Times|date=October 4, 2006|access-date=August 18, 2021|archive-date=August 18, 2021|archive-url=https://web.archive.org/web/20210818033635/https://dailytimes.com.pk/|url-status=live}}</ref>

=== Quasi-legal function ===
The jirga was also used as a [[court]] in cases of criminal conduct, but this usage is being replaced by formal courts in some settled areas of Pakistan and Afghanistan, elsewhere it is still used as courts in tribal regions.

The jirga holds the prestige of a court in the tribal areas of Pakistan. Although a political agent appointed by the national government maintains law and order through the [[Frontier Crimes Regulation]] (FCR), the actual power lies in the jirga. The political agent maintains law and order in his tribal region with the help of jirgas. The jirga can award [[capital punishment]], such as [[stoning]] to death in case of adultery, or expulsion from the community.

In the recent military operations against [[al Qaeda]] and the [[Taliban]] in Pakistan's restive southern tribal agencies bordering Afghanistan, jirgas played a key role of moderator between the government and the militants. The tradition of jirga has also been adopted by Muslims in the [[Kashmir Valley]] of [[Indian-administered Kashmir]].<ref name="telegraphindia1">{{cite web |url=http://www.telegraphindia.com/1061030/asp/nation/story_6934322.asp |archive-url=https://web.archive.org/web/20070623193742/http://www.telegraphindia.com/1061030/asp/nation/story_6934322.asp |url-status=dead |archive-date=June 23, 2007 |title=Justice rolls in Kashmir, Afghan-style - Jilted, sheep stolen' Some people in the Valley never go to police but pin faith on a time-tested tribal system to settle disputes and redress grievances |work =[[The Telegraph (Calcutta)|The Telegraph]] - Calcutta, India |date=2006-10-30 |access-date=2013-11-26 |author=Muzaffar Raina}}</ref>

=== Alternative Dispute Resolution Act 2017 ===
As per 2017 political dispensation in Government, unofficial Jirga and Panchayats are very popular among masses, so formal recognition of the same will help make the system more transparent and responsible, while left leaning political dispensations in opposition expressed their apprehension that weaker sections will suffer while [[Feudalism in Pakistan|feudalism]] will benefit.<ref name=":0">{{Cite web|last=Reporter|first=A.|date=2017-01-19|title=Alternate Dispute Resolution Bill approved|url=http://www.dawn.com/news/1309323|access-date=2020-06-27|website=DAWN.COM|language=en}}</ref> The Alternative Dispute Resolution Act, 2017 of Pakistan makes provision for selection of neutral observing arbitrator from Government approved panel agreed by parties. If a dispute is resolved amicably the court will formalize judgement, and if not parties can choose to opt-in further formal judicial administration for their grievances.<ref name=":0" /> ''Basit Mahmood criticizes'' the bill's provisions allowing the government to appoint "neutrals" to each jirga not being sufficient since the so-called "neutrals", who must approve their verdicts would most likely be consisting of retired judges and religious scholars of conservative nature and that will put principle of neutrality upside down and with a substantially effect on the lives of women across the Pakistan.<ref name=":2">{{Cite web|title=Pakistan's Jirgas and Women's Rights|url=https://thediplomat.com/2018/01/pakistans-jirgas-and-womens-rights/|access-date=2020-06-27|website=thediplomat.com|language=en-US}}</ref> ''Basit Mahmood also criticizes United Kingdom's donor agency Department for International Development for funding of misogyny protecting ADR tribunals.<ref name=":2" />''

=== Contested justice and human rights violations ===
In a January 2019 on petition from [[National Commission on the Status of Women|National Commission on the Status of Women (NCSW)]] judgement [[Supreme Court of Pakistan]] ruled that, beyond permissible limits of the law to the extent of acting as arbitration, mediation, negotiation or reconciliation forums between parties involved in a civil dispute who willingly consent to the same; rest of practices and attempts by Jirgas to adjudicate on civil or criminal matters is not lawful, and that unlawful practices of Jirgas are violate Articles 4, 8, 10-A, 25 and 175(3) of the Constitution of Pakistan, and also that "operation of jirgas/ panchayats, etc violates Pakistan's international commitments under the [[Universal Declaration of Human Rights|UDHR]], [[International Covenant on Civil and Political Rights|ICCPR]] and [[Convention on the Elimination of All Forms of Discrimination Against Women|CEDAW]], which place a responsibility on the state of Pakistan to ensure that everyone has access to courts or tribunals, (and all people) are treated equally before the law and in all stages of procedure in courts and tribunals".<ref name=":1">{{Cite web|last=Rehman|first=I. A.|date=2019-07-11|title=Jirga space slashed|url=https://www.dawn.com/news/1493381|access-date=2020-06-27|website=DAWN.COM|language=en}}</ref>

According to correspondent I.A. Rehman, In January 2019 Pakistani government law officials from provinces and federal confirmed governments-made commitments to Supreme Court of Pakistan not to allow Panchayat and Jirga platforms for illegal practices of violating fundamental constitutional rights of women by honour killings, wani, swara, karo kari, and that the governments are committed to [[CEDAW]]<ref name=":1" />

=== Instances of jirga judicial overreach ===
In January 2018, Basit Mahmood criticized 2017 Pakistan act for Alternative Dispute Resolution saying that it creates scope for a parallel justice system which eventually can undermine states' authority.<ref name=":2" /> As per Dilawar Wazir's June 2020 news report in Pakistani news daily ''[[Dawn (newspaper)|Dawn]]'' and subsequent editorial, district administration in Pakistan's tribal area was struggling to see one Ahmadzai Wazir tribe avoids to implement its jirga ruling of raising a parallel armed force (''lashkar'') of around 2,400 people to demolish houses of left-leaning political opponents.<ref>{{Cite web|last=Wazir|first=Dilawar|date=2020-06-06|title=Ahmadzai Wazir tribe convenes jirga to raise Lashkar|url=https://www.dawn.com/news/1561628|access-date=2020-06-27|website=DAWN.COM|language=en}}</ref> To make the tribal jirga to submit to a financial compromise, the district administration had to call in elite security force, and make victim submit to demand of 1 million rupees plus four rams as reparation from victim and his clan.<ref name=":3">{{Cite web|last=Editorial|date=2020-06-08|title=When jirgas abet crime|url=https://www.dawn.com/news/1562078|access-date=2020-06-27|website=DAWN.COM|language=en}}</ref>

As per a June 2020 ''Tribune Pakistan'' report, a jirga (a type of quasi [[kangaroo court]]) attempted ruling to give up a 13-year-old minor girl in marriage to a 41-year-old married man as [[Vani (custom)|Swara]] (punishment) for her brother's alleged disliked relation with his cousin, the Jirga's attempt was foiled by a close relative of the boy with help of police.<ref>{{Cite news|last=Khan|first=Ahtesham|date=13 June 2020|title=Jirga's attempt to give young girl in Swara foiled|work=Tribune Pakistan|url=https://tribune.com.pk/story/2241630/1-jirgas-attempt-give-young-girl-swara-foiled/}}</ref>

In another 2020 June incident in Sindh Pakistan, police struggled to clamp down on a jirga which declared two sisters to be ignoble 'Karis' fined father of the girls for one million rupees plus ordered killing of the sisters (an outlawed but prevalent practice of declaring 'Kari's-literal black spot on honour of the family or community – subjectable to severe punishments including [[Honor killing|honour killing]] many times for alleged compromising on expectations of modesty and chastity out of suspicions).<ref>{{Cite web|title=Karokari: Police order action against Jirga|url=https://www.thenews.com.pk/print/678531-karokari-police-order-action-against-jirga|access-date=2020-06-27|website=www.thenews.com.pk|language=en}}</ref>

=== Historic jirgas and women ===
The Sindh High Court imposed a ban on the holding of jirgas in April 2004<ref>SBLR 2004 Sindh 918; [http://www.dawn.com/news/1072875/a-first-step excerpt]</ref> because of the sometimes inhumane sentences which were imposed on people, especially on women and men who married of their own free will. The ban, however, has been ignored.<ref>[http://tribune.com.pk/story/476785/tribal-courts-shc-seeks-official-version-against-jirgas/ SHC seeks official version against jirgas] (2012-12-08)</ref>

An all-female jirga or a Khwaindo jirga (a "sister's council") was held in Pakistan, and it had a total of 25 members.<ref name="foxnews1">{{cite news |url=https://www.foxnews.com/world/women-challenge-men-in-pakistans-first-female-jirga/ |title=Women challenge men in Pakistan's first female jirga |publisher=[[Fox News]] |date=2013-07-11 |access-date=2013-11-26 |author=Khurram Shahzad |agency=AFP}}</ref> It was headed by [[Tabassum Adnan]] which helped 11 women get justice as of 2013.<ref name="foxnews1"/><ref>{{cite web |url=http://afpak.foreignpolicy.com/posts/2013/07/11/president_asif_ali_zardaris_security_chief_killed_in_bazaar_attack |title=President Asif Ali Zardari's security chief killed in bazaar attack |author=Jennifer Rowland |author2=Bailey Cahall |work=[[Foreign Policy]]: The AfPak Channel |date=2013-07-11 |access-date=2013-11-26 |archive-date=2013-12-03 |archive-url=https://web.archive.org/web/20131203004520/http://afpak.foreignpolicy.com/posts/2013/07/11/president_asif_ali_zardaris_security_chief_killed_in_bazaar_attack |url-status=dead }}</ref>

===2022 Pashtun National Jirga===
{{Main|Pashtun National Jirga}}
On 11–14 March 2022, the Pashtun National Jirga, or Bannu Jirga, was held at [[Mirakhel]] in [[Bannu]], [[Khyber Pakhtunkhwa]] in order to defend the rights of the Pashtuns in the country. The critical issues which were faced by the Pashtuns were discussed during the jirga in a bid to suggest solutions to them.<ref>{{Cite web|url=https://www.thenews.com.pk/print/940729-nationalist-parties-convene-jirga-on-pakhtun-issues|title=Nationalist parties convene jirga on Pakhtun issues|date=March 12, 2022|website=The News International}}</ref> The Bannu Jirga endorsed the declarations of two earlier Pashtun Jirgas, one of which was organized on 10 March 2020 at Bacha Khan Markaz, [[Peshawar]] by [[Asfandyar Wali Khan]] of the [[Awami National Party]] (ANP),<ref>{{Cite web|url=https://www.dawn.com/news/1539937|title=Pakhtun jirga asks govt to take action against all terrorist networks|first=Bureau|last=Report|date=March 11, 2020|website=Dawn}}</ref><ref>{{Cite web|url=https://pajhwok.com/2020/03/11/pakhtun-qaumi-jirga-seeks-end-meddling-afghanistan/|title=Pakhtun Qaumi Jirga seeks end to meddling in Afghanistan|first=Javed Hamim|last=Kakar|date=March 11, 2020|via=Pajhwok Afghan News}}</ref> while the other was hosted on 7 August 2021 in [[Hashtnagar]], [[Charsadda]] by [[Afzal Khamosh]] of the [[Mazdoor Kisan Party]] (MKP).<ref>{{Cite web|url=https://www.thenews.com.pk/print/875066-afghanistan-s-situation-pakhtun-qaumi-jirga-urges-govt-to-revisit-foreign-policy|title=Afghanistan's situation: Pakhtun Qaumi Jirga urges govt to revisit foreign policy|website=The News International|date=August 8, 2021}}</ref><ref>{{Cite web|url=https://pajhwok.com/2021/08/08/jirga-blames-neighbours-for-meddling-in-afghanistan/|title=Jirga blames neighbours for meddling in Afghanistan|first=S. Muddasir Ali|last=Shah|date=August 8, 2021|via=Pajhwok Afghan News}}</ref>

[[Mahmood Khan Achakzai]], [[Nawab Ayaz Jogezai]], [[Abdul Rahim Ziaratwal]], [[Abdul Qahar Wadan]], [[Obaidullah Babat]], [[Nasrullah Zayrai]] and [[Arfa Siddiq]] of the [[Pashtunkhwa Milli Awami Party]] (PMAP), [[Manzoor Pashteen]], [[Mir Kalam]] and [[Wranga Loni]] of the [[Pashtun Tahafuz Movement]] (PTM), [[Mohsin Dawar]], [[Latif Afridi]], [[Afrasiab Khattak]], [[Bushra Gohar]] and [[Jamila Gilani]] of the [[National Democratic Movement (Pakistan)|National Democratic Movement]] (NDM), [[Khadim Hussain (politician)|Khadim Hussain]] and [[Maulana Khanzeb]] of the [[Awami National Party]] (ANP), [[Afzal Khamosh]] of the [[Mazdoor Kisan Party]] (MKP), [[Farhatullah Babar]] and [[Ahmad Kundi]] of the [[Pakistan Peoples Party]] (PPP), [[Sardar Yaqoob Nasar]] of the [[Pakistan Muslim League (N)|Pakistan Muslim League]] (PMLN), [[Muhammad Khan Sherani]] of [[Jamiat Ulema-e-Islam Pakistan|Jamiat Ulema-e-Islam]] (JUI), Chief of [[Waziristan]] [[Gul Alam Wazir]], historian [[Parvesh Shaheen]], and numerous other Pashtun, [[Baloch people|Baloch]] and [[Hazaras|Hazara]] leaders were part of the Bannu Jirga. The resolutions were also endorsed by several Afghan political leaders, including [[Hamid Karzai]], [[Haneef Atmar]] and [[Amrullah Saleh]].<ref name="ani2">{{Cite web|url=https://www.aninews.in/news/world/asia/afghan-leaders-support-pashtun-ethnic-jirga-in-pakistans-khyber-pakhtunkhwa20220317033153/|title=Afghan leaders support Pashtun ethnic jirga in Pakistan's Khyber Pakhtunkhwa|website=Asian News International|date=March 17, 2022}}</ref>

====Demands====
{{Further|Pashtun National Jirga#The 25 points}}
Some of the most important demands of the Pashtun National Jirga, 11–14 March 2022, were:
*This jirga should be an independent entity, and a committee of cooperation should be established to implement its decisions and objectives
*A [[public inquiry]] should be set up to investigate the deaths of [[Usman Kakar]], [[Arif Wazir]], [[Arman Loni]], and all the Pashtuns murdered [[extrajudicial killing|extrajudicially]] in [[encounter killings by police|fake encounters]] by the [[law enforcement in Pakistan|police forces in Pakistan]]
*[[Ali Wazir]], Hanif Pashteen, Owais Abdal, Qazi Tahir and other [[political prisoner]]s should all be released
*All [[missing person]]s should be presented before courts, and [[internally displaced person]]s (IDPs) be resettled in their area and homes and be fully compensated for their losses
*A [[truth and reconciliation commission]] should be set up to look into the extent of damages done to the Pashtuns in Pakistan
*If the Pakistani courts refuse to attend these inquiries, a mechanism should be set up to investigate these damages through [[international court]]s<ref name="bbc1"/>
*The draconian laws under the Action (in Aid of Civil Power) Regulation must be immediately abolished in Khyber Pakhtunkhwa, all the safety, security and administrative powers be entrusted to the civil administration, and intelligence agencies must stop interfering in politics
*The [[Pashtunistan|Pashtun region]] is rich in natural resources including water and natural gas, but the Pashtuns are kept deprived in Pakistan; control over these resources needs to be regained<ref>{{Cite web|url=https://www.aninews.in/news/world/asia/parties-convene-jirga-to-defend-rights-of-pashtuns-in-pakistan20220312205548|title=Parties convene Jirga to defend rights of Pashtuns in Pakistan|website=Asian News International}}</ref>
*The diversion of the [[Indus River]] from its natural course by the [[Ghazi-Barotha Hydropower Project|Ghazi-Barotha canal]] was a transgression against international principles and the fundamental right to life of the people along the banks; the Indus should be rerouted to its original watercourse, and the Indus Water Apportionment Accord of 1991 should be revised to grant the Pashtun region a status of owner and stakeholder
*The jirga called for an immediate end to the occupation of the forests, mountains, lands and natural resources of the Pashtun region by the Pakistani military and government agencies
*A united Pashtun province consisting of [[Khyber Pakhtunkhwa]], South Pashtunkhwa (in [[Balochistan, Pakistan|Balochistan]]), [[Attock District|Attock]] and [[Mianwali District|Mianwali]] should be established
*[[Pashto]] should be proclaimed the Pashtun region's national, official and educational language, while speakers of the region's other languages should also have access to education in their native tongues
*The jirga rejected the fake results of the [[2017 Census of Pakistan]] and said that an independent, transparent and inclusive mechanism should be made for a new census under international principles
*A ''loya jirga'' should be organized in Afghanistan to form an inclusive government through a [[general election]], and a mechanism should be put in place so that Afghan governments and their powers are not [[coup d'état|forcefully seized]] in the future<ref name="bbc1">{{Cite web|url=https://www.bbc.com/pashto/pakhtunkhwa-60727749|title=بنو کې د پښتنو قامي جرګه څلورمې ورځ ته وغځېده؛ پرېکړې او غوښتنې دوشنبې اعلانېږي|website=BBC Pashto|language=ps}}</ref>
*The jirga vehemently rejected the Pakistani-built [[Afghanistan–Pakistan border barrier|barbed barrier]] along the [[Durand Line]], and demanded that all historical trade routes along the line be ensured for trade and free movement of people without any paperwork<ref>{{Cite web|url=https://mashriqtv.pk/en/2022/03/12/jirga-in-bannu-discusses-problems-faced-by-pashtuns/|title=Jirga in Bannu discusses problems faced by Pashtuns|website=Mashriq TV|date=March 12, 2022}}</ref>

== See also ==
{{div col|colwidth=30em}}
* [[Wolesi Jirga]] ("People's Jirga"), the [[lower house]] of the [[National Assembly (Afghanistan)|Afghan legislature]]
* [[Meshrano Jirga]] ("Elders' Jirga"), the [[upper house]] of the Afghan legislature
* [[All India Pakhtoon Jirga-e-Hind]]
* [[Afghan Peace Jirga 2010]]
* [[Nanawatai|Nanawatai (nanawate)]], meaning "sanctuary"
* [[Shura]], the [[Arab world|Arabic]] equivalent of jirga
* [[Panchayati raj (India)|Panchayat]], North Indian equivalent of jirga
* [[Khap]] equivalent of jirga of mainly [[Hindu]] [[Jat people]]
* [[Kurultai]], the [[Turkic peoples|Turkic]] and [[Mongol Empire|Mongol]] equivalent of a jirga
** [[Great Kurultáj|Kurultáj]], the Kurultai of the [[Huns]] and [[Hungary|Hungarians]]
* [[Misl]] equivalent of jirga of mainly [[Sikh]] [[Jat people]] of [[Punjab (region)|Punjab]]
* [[Zail, British Indian|Zail]]
* [[Kangaroo court]]
* [[Vani (custom)]]
* [[Presumption of guilt]]
* [[Show trial]]
{{div col end}}

== References ==
{{reflist}}
* ''This article contains material from the [[Library of Congress Country Studies]], which are [[United States federal government|United States government]] publications in the [[public domain]].'' ([http://lcweb2.loc.gov/frd/cs/aftoc.html About this Collection | Country Studies | Digital Collections | Library of Congress])

== External links ==
{{wiktionary}}
* [http://www.dawn.com/2004/04/25/top6.htm Pakistan court bans all trials under Jirga system]
* [https://www.pbs.org/wnet/women-war-and-peace/ Afghan women push for inclusion in Peace Jirga]
* [https://www.tribalanalysiscenter.com/PDF-TAC/Jirga%20System%20in%20Tribal%20Life.pdf Jirga system in tribal life]
<br />{{Miscarriage of justice}}
{{Afghanistan topics}}
{{Pashtun nationalism}}
{{Authority control}}

[[Category:Dispute resolution]]
[[Category:Society of Afghanistan]]
[[Category:Society of Pakistan]]
[[Category:Court system of Pakistan]]
[[Category:Politics of the Federally Administered Tribal Areas]]
[[Category:Politics of Khyber Pakhtunkhwa]]
[[Category:Politics of Balochistan, Pakistan]]
[[Category:Culture of Afghanistan]]
[[Category:Pashtun culture]]
[[Category:Pashtun politics]]
[[Category:Judiciary of Afghanistan]]
[[Category:Government of Afghanistan]]
[[Category:Elective monarchy]]