Decentralized Environmental Justice: Pashtun Indigenous Law and Community-led Conservation

Abstract

This paper explores the role of Konrha, a customary Pashtun conflict-resolution mechanism, as an indigenous legal tool for forest conservation in the Jalera forest of MirAli, North Waziristan. Drawing on ethnographic fieldwork, including focus group discussions, in-depth interviews, and participant observation, the study examines how Konrha functions as a legitimate and effective mode of environmental governance in the absence or failure of formal state regulation. By situating Konrha within the broader normative framework of Pashtunwali, the research reveals that customary law is not merely a relic of the past but a living and adaptive system capable of enforcing ecological protection, mediating collective responsibility, and maintaining social cohesion. The findings underscore how tribal communities perceive Konrha not only as a cultural imperative but also as a practical and moral response to rampant deforestation. The study challenges the prevailing assumption that legal and environmental order must emanate from the state, offering instead a pluralistic view of law and governance. It argues that indigenous legal ecologies—rooted in lived experience, social legitimacy, and environmental sensibility—can provide robust frameworks for sustainability, particularly in resource-fragile and politically marginalised contexts. By re-centring indigenous knowledge and customary practices, this research contributes to broader debates on legal pluralism, environmental justice, and the politics of conservation in postcolonial settings.