In a Conflict Environment, Look to Universal Principles of Law
August 13, 2013
In July, the World Justice Forum IV (organized by the World Justice Project) brought together more than 550 business and nonprofit leaders, legal experts, development practitioners, journalists, military leaders, social entrepreneurs, and other global luminaries from more than 100 countries to address critical rule of law issues around the world. In partnership with the Skoll World Forum and the Thomson Reuters Foundation, the World Justice Project asked a number of speakers to reflect on a wide range of issues including land rights, access to water, criminal justice, and much more.
I founded the Afghan Institute of Learning (AIL) in 1995 in the refugee camps of Pakistan when there were over 7.5 million refugees. Although the Soviet Union had been defeated, there was still fighting in Afghanistan. Our country was mostly destroyed. We had no functional government. Refugees could not return because of the fighting, no homes, no jobs, no way to live; the structure of society had broken down; war was the norm and often people did not know how to decide what was right and wrong.
Afghan women and children needed education, health services and training in order to rebuild their country. They also needed to have a foundation other than fighting and survival so that they could rebuild their lives and country and live in peace. I founded AIL in order to help my people become educated and healthy and learn the critical thinking skills and other skills that they needed to live together with others in peace.
In the refugee camps there were various laws for Afghans to follow—the rules of UNHCR and some of the laws of Pakistan and the rules that various groups set up in the camps. We did not have a functional government with a system of rules and there was an absence of laws in various areas—particularly in education and health. So, we in AIL looked at what was fair, moral and just—what we could want for ourselves—I now know that these are sometimes called universal principles of law.
We did not actually research our principles; rather, they were created through consensus by the staff. There was no time or money. We needed to start schools and clinics and train people. So AIL staff discussed amongst themselves what was important to them in light of the culture, tradition and religions of Afghanistan, and we came up with our own rules and standards and philosophy—essentially a system of laws that would enable Afghans to feel safe and secure and would build trust for our work together.
RECOMMENDED: VIDEO PROFILE OF AFGHAN INSTITUTE OF LEARNING
When we began, Afghans were being told that girls should not be educated. Many Afghans wanted education for their girls, but they wanted it to be done in a safe and culturally appropriate manner, and they were not sure how to make this happen. When people came to us and asked for help with schools, we would discuss with them what they wanted and what they could contribute. Using the principles of law outlined above, we worked with them to select teachers who were educated and safe for their daughters. We worked with the people to set the rules, develop the curriculum, train the teachers and supervise the schools; then, we signed a contract. Because there was no education system, we became the administration for the schools. This process allowed us to build trust with the refugees.
One day, the people from a distant camp asked us to set up a school for their girls. They did not have a teacher, so we went to a respected mullah in the camp and asked if he would be willing to teach. After discussions, he agreed to teach classes out of his home. We signed a contract and ultimately there were seven classes being taught in the camp where he lived. This happened because we followed our basic principles by finding a solution to meet the needs of the community, involving the community and treating them with respect.
In a conflict situation, you do not always have a set of consistent laws to guide your work; in some areas there may be an absence of laws. My suggestion to others working in this type of situation is to look to Universal Principles of Law. There’s a great deal that has been written on this topic, and I suggest beginning with the UN Universal Declaration of Human Rights (UDHR). As I was doing research for my panel discussion at the World Justice Forum, I found that many of the articles of the UDHR applied directly to the way AIL chose to do its work. The UDHR takes in to account the universal principals of law from various cultures and can be applied to a varied of situations. I’m not saying that everyone will agree with everything in the document, but I think it’s a great place to start when you’re in a place where the rule of law is ambiguous or absent.