Comments on: The M-Jirga: ODR for Afghanistan http://cyberweek.umasslegal.org/2009/10/27/the-m-jirga-odr-for-afghanistan/ Mon, 16 Nov 2009 23:00:55 -0800 http://wordpress.org/?v=2.8.4 hourly 1 By: crule http://cyberweek.umasslegal.org/2009/10/27/the-m-jirga-odr-for-afghanistan/comment-page-1/#comment-29 crule Tue, 27 Oct 2009 21:38:11 +0000 http://cyberweek.umasslegal.org/2009/10/27/the-m-jirga-odr-for-afghanistan/#comment-29 Thanks, David. I agree that rule of law is crucial to peacemaking -- the question is, how does ODR fit in. I think the physical co-presence is an important part of the Jirga... the challenge will be demonstrating the impartiality of the m-Jirga even though you don't get that physical co-presence. I think the selection of the elders will be crucially important... maybe even the ability of the disputants to talk to the elders directly. I know the US is investing heavily in building cell phone technology in Afghanistan -- they're putting up cell phone towers and handing out free cell phones left and right, because the Taliban hate cell phones. So they want valuable services delivered over these phones so that they become essential. The question is, how much legitimacy does phone-based communication have in Afghan culture? I can't answer that. rah Thanks, David. I agree that rule of law is crucial to peacemaking — the question is, how does ODR fit in.

I think the physical co-presence is an important part of the Jirga… the challenge will be demonstrating the impartiality of the m-Jirga even though you don’t get that physical co-presence. I think the selection of the elders will be crucially important… maybe even the ability of the disputants to talk to the elders directly.

I know the US is investing heavily in building cell phone technology in Afghanistan — they’re putting up cell phone towers and handing out free cell phones left and right, because the Taliban hate cell phones. So they want valuable services delivered over these phones so that they become essential. The question is, how much legitimacy does phone-based communication have in Afghan culture? I can’t answer that.

rah

]]> By: DavidPrice http://cyberweek.umasslegal.org/2009/10/27/the-m-jirga-odr-for-afghanistan/comment-page-1/#comment-28 DavidPrice Tue, 27 Oct 2009 19:21:17 +0000 http://cyberweek.umasslegal.org/2009/10/27/the-m-jirga-odr-for-afghanistan/#comment-28 Thanks, Colin: it's a fascinating and important project, and it's clear from mapping the interviews on Afghanistan from the Amanpour program -- to which I would love to add your analysis -- that cultivating a meaningful sense of justice at the local level is imperative. To what extent do you think that the physical co-presence of the traditional Jirga helps to legitimate the decisions and guard against intimidation/distortion? And to what extent is it possible to layer these dimensions into the M-Jirga? David Thanks, Colin: it’s a fascinating and important project, and it’s clear from mapping the interviews on Afghanistan from the Amanpour program — to which I would love to add your analysis — that cultivating a meaningful sense of justice at the local level is imperative.

To what extent do you think that the physical co-presence of the traditional Jirga helps to legitimate the decisions and guard against intimidation/distortion? And to what extent is it possible to layer these dimensions into the M-Jirga?

David

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