Afghans to US: Send lawyers, guns and money

QALAT, AFGHANISTAN

12.03.2011

Story by Sgt. Frank O'Brien 

116th Infantry Brigade Combat Team

ZABUL PROVINCE, Afghanistan – The government of Afghanistan has made significant progress in expanding the rule of law in Zabul province. The total number of criminal cases being handled has more than doubled over the past two Islamic calendar years and is on track to increase 50 percent this year. Judges, prosecutors and civil dispute adjudicators called “huquqs” (previously there were none) have been hired. Despite this continued great news, what Zabul needs now, say local officials (paraphrasing Warren Zevon), are more lawyers, guns and money.

“There are no defense attorneys in Zabul because it’s considered too dangerous and the salaries aren’t worth it,” said huquq Aminullah. “We need to send young huquqs and a judge out to Shah Joy district to hear cases. One of our people was assigned to Shah Joy previously, but he had no office to work out of, so he came back. In addition, there aren’t enough workers handling paperwork for the cases. Without salary increases, there is no possibility of getting people to come here,” he added.

Three programs are currently being explored by the U.S. to address the shortages: a district development program for Zabul that could supplement the salaries of professionals in the court/legal system, a partnership with non-governmental organizations to set up a defense attorney clinic to train Afghans to staff shortages in the court system and a USAID-funded rule of law stabilization program on track to expand into Shah Joy in 2012.

“We need to maintain a strategic partnership with the international community,” said Zabul Provincial Governor Mohammad Ashraf Naseri at a recent appearance. “We need to focus on jobs, education and the local markets.” Naseri also talked about the improving security situation in Zabul, despite occasional insurgent attacks. One of the main challenges for the Afghan National Army and Uniformed Police has been logistical: getting weapons and supplies to troops and police as needed in order to maintain and expand the rule of law and legitimacy of the local government.

“Please, we need the funding now,” said a Qalat prison administrator about improvements needed to address overcrowding and lack of vocational training opportunities at his facility. For Americans raised on a diet of film versions of eastern prisons such as “Midnight Express,” Qalat‘s prison is remarkably well-maintained.

“To me, a corrections center is like a university,” said the warden. “When prisoners leave, they should be educated and know how to do technical work. One of main concerns right now is that we don’t have pillows and blankets for the winter. Supply is very hard for us,” he added.

For those who question prioritizing the court system while fighting an insurgency, Capt. C. Carter Lee, operational law attorney for the Staunton, Va.,-based 116th “Stonewall Brigade” has an answer.

"By expanding access to the courts for the people of Zabul province," said Lee, "I hope to increase faith in the government, thereby weakening the insurgency. When the locals go to the Taliban to resolve their disputes, there is no review, no transparency, with cruel or irrational results. When there is an equal application of humane laws with processes to ensure that everything is done fairly … when people are able to predict the consequences of their actions, they feel safe."

The problem that continues to bedevil Afghanistan is the same one that predates the rise of the Taliban: land disputes. This should come as no surprise to Americans who are ready to invoke the courts against the depredations of homeowner associations and the HOA’s wars on American flag placements and curb appeal.

Land disputes and local security dominated an October shura called by District Governor Mohammed Zareef, one of his first official actions after the reopening of a road connecting the Mizan district capital with the provincial capital.

“I spoke with the Mizan district governor about land disputes,” said Aminullah about a recent meeting. “People need to show us the paperwork if they claim that the land belongs to them. Then we’ll resolve the dispute between the people and the government. The records are being stored at a local jail and the department of livestock because there isn’t any space. There are no officers to handle the old cases. There are no people to handle the new disputes.”

Lawyers for the cases, guns for security and money to pay official salaries – that’s what Zabul province needs right now according to local Afghans.

• Date Taken: 12.03.2011
• Date Posted: 12.15.2011 06:27
• Story ID: 81418
• Location: QALAT, AF