The Absence of Rule of Law in Afghanistan & Pakistan

[شمله ور خراساني]

What do you think is the reason why there is absence of rule of law in Afghanistan and Pakistan?

[شمله ور خراساني]

how come nobody is replying to this wonderful topic?

[شمله ور خراساني]

I did not see this topic. One of the reasons is corruption. Whats the point of adhering to the law, when some rishwat can get you a passport and an ID. you get a ticket, You pay rishwat.

actually, corruption and absence of rule of law are not causally interrelated In my opinion they both stem from the same root cause. Which is lack of legitimacy of the government and absence of internal and external sovereignty.

[شمله ور خراساني]

Legitimacy of Government does indeed exit Sangara, Its just the failure of public servants able to execute the regulations.

How does legitimacy of government exist when people leave the city of Kabul to solve their issues in a Shari'ah court in Maidan-Wardak?

How does legitimacy of government exist when people are killed by foreign troops and instead of having the government demand prosecution of the assailants, people buy suicide vest to take revenge?

How does legitimacy of government exist when half of the cabinet have double nationalities?

How does legitimacy of government exist when the public administration is paid by Pentagon?

How does legitimacy of government exist when 80% of the country is under control of Taliban?

[AfghanSoulja]

one of the basic reason can be traced down to the people themselves; their tendency to elect people based on family connections, putting personal gain ahead of national interests etc

what this does is puts corrupt people in powerful positions, institutions weaken and foreign players move in..Also people like us who can get out of the country do very little to help our fellow countrymen, sure we can all write up blogs and talk about all these problems but none of us have any idea about the miseries of our people..we have abondoned them and they have no choice but to turn to mullahz who atleast will be there to help them rebuild their homes

[Darweshkhel]

Nice topic. Who says there is absence of rule of law in Afghanistan & Pakistan?

[Darweshkhel]

why do you think so shlombay?
i think you are wrong just gimme a minute i will try explain..

[Darweshkhel]

In Afghanistan (and Pakistan) there have been several attempts to establish a strong central government and a rule of law during last centuries.

I will try to present several reasons for the absence of rule of law. To understand why Afghanistan is so “lawless” you have to take a look at the country’s history. Since this is a process that takes centuries where civilizations transform from a traditional society into a modern society and develop rule of law, political institutions and so on. I believe there are several aspects which are important:
1) geography of Afghanistan, its geostrategic position and country-specific features
2) access to resources and their regulation
3) ethnic variety
4) their character, nature, political culture and social system
5) literacy and education

I will comment on each point a little bit later, so please forgive me. Let me know of you want detailed information on this.

[Son of Mountains]

in both countries, corrupt public lead to corrupt Govt.

[AfghanSoulja]

In pakistan atleast they have a system of governance and their judiciary is picking up pace..The judiciary overthrew a military dictator for the first time in the country's history.. In Afghanistan, even the basic structure of governance has crumbled

[AfghanSoulja]

I'm talking about existence of institutions, they atleast have them they might be ineffectuve but atleast they have something to work on

[Admin Khan]

What's the point of having institutions if they are not functioning?

[AfghanSoulja]

By having them you have something to improve on, by having them you can improe law and order..having them is the first step towards rebuilding the country. Countries don't progress overnight it's a gradual process of strengthening institutions, enabling them to provide rule of law and order.

[amna.]

AfghanSoulja, So you are saying that Law is not absent. Its just not practiced?

[AfghanSoulja]

it's not practised through the right means..it's too scattered and that helps individual groups in challenging that authority