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Promise, Trust and EvolutionManaging the Commons of South Asia$
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Rucha Ghate, Narpat Jodha, and Pranab Mukhopadhyay

Print publication date: 2008

Print ISBN-13: 9780199213832

Published to Oxford Scholarship Online: May 2008

DOI: 10.1093/acprof:oso/9780199213832.001.0001

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Tradition and Sovereignty: Conflicts over the Forests of Dir‐Kohistan

Tradition and Sovereignty: Conflicts over the Forests of Dir‐Kohistan

(p.307) 13 Tradition and Sovereignty: Conflicts over the Forests of Dir‐Kohistan
Promise, Trust and Evolution

Shaheen Rafi Khan

Oxford University Press

Resource rights in Dir-Kohistan are governed by two concurrent systems of law and governance. Customary law has its origins in the garzinda wesh system introduced in the early 17th century. Statutory law, in the shape of the 1927 Forestry Act, was introduced in 1974 when Dir Kohistan's forests were declared protected forests. Statutory law overrides customary entitlements to subsistence and forest royalties. The official instruments of management (line departments) and adjudication (courts) are inefficient, lack transparency, and are a recurring source of tension and conflict. The traditional jirga system continues to provide swift and just decisions and has been used recently to mediate conflict between communities and the government.

Keywords:   Dir-Kohistan, resource rights, customary law, statutory law, protected forests, subsistence, royalties, jirga, Pakistan

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