Havi i am not your grandpa but still i would give you an advice. Dont let this online foruming grow on you, it might affect your real life.
Thanks.
@ and your idea of institutionalization of pashtunwali, jirga? Well it is already integrated into fabric of Pakistani system.
I agree it is partly accepted but not integrated in law. Both the panchayat and jirga system have a few flaws. For example who elects the decision makers? I think there should be a village level or taluka level election for the selection of elders and perhaps even a small school/college for them to learn the art of giving justice.
I do not want to start poking my nose in this but there are some things that we should note here. In Bajaur (or was it Mohmand) a girl and a soldier stoned due to an affair without proof by an elder sympathetic to TTP. There are things like the Kohistan issue and this:
Jirga orders killing of free-will marriage couple – The Express Tribune
I do not believe we should deny it out of sense of loyalty to Pashtuns. It is a benefit for Pashtuns that this happens and is a guarantee of human rights. If these tribal elders are elected by some sort of mechanism, then schooled in the art of administration and provision of justice it can help them manage the village better and improve the welfare of the people.
The issue with me saying this is that you are imagining an outsider saying it rather than a Pashtun even though I am a Pashtun by heart. It is a mere suggestion like the other suggestions I have given to the government like the establishment of protest grounds and other things for better functioning of Pakistani and Pashtun society. This one should go to the Pakhtunkhwa government. Also do note the overall body that runs these training schools for elders in this case should be run by Pakistani Pashtuns.
Pashtunwali is not parallel or opposite to pakistani law, it is code of pashtuns which exists and thrive in its own dimension.
Pashtuns are freedom loving and a lot of us want to maintain this freedom. It thrives on its own dimension indeed-but we aren't suggesting a major change here. It is the merging of Pashtun ways into the Pakistani state fabric. It gives the message that Pakistan accepts and respects the jirga system.
There is proper law and judicial system in KPK, it is not lawless, you are answerable to law.
You do not understand. You are thinking of me as an outsider and when a person sees another as one he constantly feels threatened when he is making a suggestion. This has to change first. I did not say Pakhtunkhwa is lawless. But what if the police itself became lashkars on a micro-level? What if the jirga became the courts on a very local level? There is a benefit in this.
People resolve their land disputes or other local issues on local level. If they are unable to reach to a decision, then the issue is taken to court. Local defence and security parties, like chagha or offensive lashkars against terrorists usually have full support of governament authorities. In Inter-tribal disputes goverment acts as neutral party to mediate.
I know the traditions. I am calling for the Jirga itself to become the court for all areas where Pashtuns reside. However it can be done by ensuring that the entire system is "legalized" and supported by a structure. You are not understanding the idea proposed. Maybe I will make a powerpoint presentation or video and tag you. It is still an elementary idea. Initially I thought about it because Imran Khan said villages can be empowered with Panchayat or Jirga. Though this is not the case in 90% of the cases there is the 10% that can be used by rights activists to say that this may result in rights abuses.
Do not Farooq Ahmed Khan and Shehzada Khan opposed the jirga system as it is now, claiming there was need to eliminate chance of its misuse. His village in Swat came under control of the Taliban and they bought the Jirga. The same Jirga still gives out justice. Furthermore he called for a Mutahida lashkar of tribes in each village instead of traditional tribal ones. What I am saying this should be made part of the governmental/administrative system in Khyber Pakhtunkhwa and a mechanism brought in place to ensure that lashkars are not used by one tribe to attack the other but are a professional security force in areas-perhaps one that even replace the police if successful.
Police dont interfere in local customs, forexample i have right to shoot and kill a thief into my house at the night. I wont be arrested for murder. In villages the male of the house keep his gun near his sleeping place. You wonder why so harsh on thief? If you have studied pashtuns then you should know better.
Again, I can kill an innocent drag him to my house and say he was trying to steal. Which body decides that he is a thief. This is not really a modern Pashtun culture. It is not happening in modern Pashtun cities but is rather a part of village culture of old. I have gone in the background too stating in the past that there was no real police force so justice was something for each person to take himself. That allowed Pashtuns to form great empires and nations throughout history and as a result we have a history that may put to shame anyone else. But in light of 21st century perhaps things are changing very rapidly Luffy. We can't just shoot a thief. A jirga should make decisions about adl, lashkars should enforce it. There should be a training school/college for both run and operated by Pashtuns. It is the next stage of Pashtun advancement and if we can run it successfully Afghanistan can learn from it too.
It is a violation of human rights for a thief to be killed without it proven beyond doubt he is a thief. I could argue that Peshawar is a Pashtun city but why after every killing there is a proper investigation, JIT's. That culture is creeping everywhere. Have you been to Jamrud? For example now in Jamrud every murder is investigated no matter for what reason it is committed.
But the concentration of the average person who claims to be a Pashtun nationalist is on changing the borders which is a divisive issue with potentially explosive consequences that won't just annoy what you call a wannabe Pashtun like me but it will have disastrous consequences on Pashtun unity and may spoil relations between lar and bar Pashtuns forever.
Repealing the FCR and its collective responsibilities clause, renaming FATA, ensuring the promotion of Pashto language through schools (Pashto a compulsory subject), offering of courses on Pashto in colleges and universities, (this should come along with job creation-people who take languages such as Urdu or any other language spoken in Pakistan have huge issues-I know one such person who took urdu and is now a clerk), promotion of culture and arts and history. These are what we must concentrate on not on a concept that makes no real difference on the average Pashtun.
There are other things I stated like institutionalizing the Jirga, lashkars and Pashtunwali. It is a great suggestion I believe but I won't push it as it is like after adapting Pashtun identity I am trying to impose an idea on someone.
Only issue is but why concentrate on dividing our land? No one will accept this. People will severely criticize you for it in fact. Luffy you can change I believe. Next time you go on that forum you should really tell them to stop attacking Pakistan and its people. Also if you are going to defend Afghanistan people may attack the said country out of anger. It makes no sense Luffy. Just because it has some Pashtuns is a very lousy reason to support it over Pakistan.