Staff Report
PESHAWAR: significant gathering of intellectuals, legal minds, development practitioners, and policymakers took place at China Window, Peshawar, under the platform of the Global Connect Forum (GCF. The session was convened to thoroughly examine the federal government’s proposal to revive the traditional Jirga system and introduce an Alternate Dispute Resolution (ADR) mechanism in the Newly Merged Districts (NMDs) of Khyber Pakhtunkhwa. The initiative, presented as a culturally resonant method of justice delivery, has sparked national debate over its constitutional validity, potential impact, and future implications.
Participants reflected on the delicate balance between tradition and modern governance, recognizing the Jirga’s historical role in conflict resolution while questioning its compatibility with Pakistan’s formal judicial system. The forum emphasized that in a constitutional democracy, justice must not only be swift and affordable but also uphold fundamental rights, gender equality, and the rule of law.
On this occasion Legal scholar and former registrar of the Peshawar High Court Justice R Khawaja Wajihuddin presented a comprehensive review of the existing ADR laws within Pakistan’s legal framework, including federal and provincial legislation, and concluded that there is no shortage of legal provision for alternative justice. They argued that the core issue lies in weak institutional capacity, lack of awareness, and limited enforcement rather than the absence of legal avenues. They cautioned against the creation of parallel, traditional mechanisms that could dilute or conflict with the evolving formal justice system.
The session also reviewed the extensive progress made since the FATA-KP merger. The establishment of judicial offices, local government structures, enhanced law enforcement capabilities, and ongoing construction of government infrastructure were highlighted as signs of genuine state-building. These developments, according to participants, should be further reinforced rather than overshadowed by a return to informal systems.While appreciating the cultural familiarity and accessibility of traditional justice methods, the forum warned that such mechanisms often lack transparency, due process, and safeguards against discrimination. Concerns were raised over the exclusion of women and minority voices in Jirgas, the absence of clear accountability measures, and the potential use of these forums for political influence or suppression of dissent.
The federal government’s recent moves were also examined from a constitutional lens. Members of the Global Connect Forum strongly argued that justice is a provincial subject under Pakistan’s Constitution, and any intervention in this domain must respect the autonomy of the Khyber Pakhtunkhwa government. The forum questioned the legitimacy of forming federal-level committees without consulting elected representatives from the merged districts and expressed unease over central control of mineral and natural resources in the region.
Despite these concerns, the forum maintained a constructive tone and offered a series of well-considered recommendations. These included the need to ensure any ADR system remains subject to judicial review, the importance of building the legal and ethical capacity of mediators, and the imperative of inclusivity to prevent further marginalization. Participants also called for ADR processes to be well-documented, transparent, and accessible for appeal within the formal legal system. In a forward-looking suggestion, the integration of digital justice solutions such as AI-assisted case processing, online dispute resolution, and data-driven monitoring systems was encouraged. These technologies, it was argued, can reduce delays, lower costs, and bring greater transparency to justice delivery—particularly in remote or underserved regions.
The Global Connect Forum concluded with a strong and unified message: any reform aimed at improving justice delivery must be rooted in constitutional principles, strengthen rather than bypass existing institutions, and promote inclusive governance. The participants urged both the federal and provincial governments to work in coordination with local communities to ensure peace, justice, and sustainable development in the Newly Merged Districts, without compromising democratic values or constitutional supremacy.
