Afghanistan’s total land area is 652,090 square kilometers. While agricultural land accounts for 58% of the total land area, only 12% is useable farmland. Of its population of 32 million, 78% live in rural areas and 20% are classified as nomadic.
Decades of conflict, population displacement, and changes in national political and economic beliefs and systems have resulted in a complex and dynamic land ownership and management landscape. As a result, land rights are perceived to be highly insecure and disputes over land are widespread, frequently driving criminal activity.
As I have been making the rounds meeting with the judicial sector the last month, it is obvious what a huge problem this is. There are largely two types of cases in Afghanistan: 1) insurgent/national security cases, and 2) crime that in some way involves a dispute between two parties over land.
The Afghan Constitution (enacted in 2004) establishes a legal framework for property rights and protects the right of individuals to own property. The Law on Managing Land Affairs (2008) lays out principles of land classification and documentation and governs the settlement of land rights. Interestingly, this law recognizes Sharia and defers to principles of Sharia in some areas. Issues not covered by the law are governed by the Civil Code, which largely reflects Sharia. Bottom line is you have the statutory legal system intersecting with Sharia and traditional forms of dispute resolution when it comes to land disputes. It’s a complex legal landscape and people choose the system they see will most benefit them (forum shopping anyone?).
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