11.03.2008 - Source: US Department of State

Land disputes remained the most common civil dispute and were most often resolved by shuras or informal courts ("Country Report on Human Rights Practices 2007") [ID 23698]

"Land disputes remained the most common civil dispute and were most often resolved by shuras or informal local courts."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

40 percent of arable land is owned by less than 10 percent of the population; often legal status of land unclear; power of armed political groups influences rural Afghans ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22824]

"Afghanistan’s arable land constitutes 12 percent of the total land area. There is a high degree of rural landlessness and near-landlessness. Around 40 percent of arable land is owned by less than 10 percent of the population. Up to 36 percent of all owners have their land under a form of mortgage that is to the full advantage of creditors, resulting in high and increasing indebtedness and vulnerability. Formal land records, where they exist, are unreliable. Traditional or statutory controls relating to boundaries between arable and pastoral lands have broken down, resulting in rampant encroachment, contestation and environmental degradation. This situation is aggravated by the fact that there are inconsistencies among and within bodies of law, often resulting in a generally unclear legal status both in formal and informal justice systems. The weak rule of law renders application or enforcement of the law unlikely at this point. The power and influence of armed political groups extends into the formal and informal justice systems, leaving rural Afghans at the mercy of these groups and with little ability to access justice. The widespread and severe environmental degradation of land in Afghanistan compounds the issues of water, land and access to natural resources. Conflict, drought, population movements, population growth and lack of local and national policies have contributed to erosion, deforestation, and desertification."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

Property law outdated; disputes due to the fact that sometimes more than one person claims property rights to land and houses; cases of evictions of Afghans and returnees ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22826]

"The situation with regard to land tenure in urban areas indicates similar problems and challenges to those in rural areas. Property law is outdated and disregarded. There is no consistency in the recognition of ownership by the authorities and multiple ownership is a problem due to the sales of State-owned apartments and plots and the sale without regard for the inheritance rights of others. The municipal property administration is inconsistent and the existing master plan outdated and not corresponding to realities.

It is against this background that land and property issues pose a serious challenge for many Afghans, including many returnees, both in terms of livelihoods and in terms of respect for their rights and legal safety.

In numerous instances, disputed ownership of land and property and difficulties of recovery arise as a result of more than one person claiming property rights to land or houses, due to the fact that different regimes have issued land titles for the same property to different owners.

There have been cases of evictions, in which Afghans, including returnees, have been evicted without compensation from houses and land they were occupying. The evictions were the result of influential commanders and/or persons claiming to own or having purchased the property."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

Land-ownership central to income-generating and sustaining livelihoods; large numbers of returnees are landless; land often occupied by powerful local commanders or members of the majority ethnic group ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22827]

"Given the centrality of land-ownership in income-generating and sustaining livelihoods, the large numbers of returnees who claim to be landless, either because they never owned land or because they were forced to sell it or abandon it prior to fleeing the country, poses an obstacle to return. Given instances of illegal occupation of Government-land and the difficulties in determining with certainty whether land is Government-owned or not, a general freeze on the allocation of Government-land has been ordered by Presidential Decree. Exceptions are possible to obtain, in the context of urban housing, through the High Commission on Urban Development and Housing, but no formal criteria for housing schemes have been developed as yet.

The limited size of land holdings is another land-related problem. This is particularly the case for returnees whose families have grown in exile and the land they own is no longer sufficient to cover their needs.

The livelihood of many landless Afghans is dependent on sharecropping arrangements, which some find difficult or impossible to ensure and re-negotiate. A number of returnees have reported such arrangements to have become more exploitative, thereby reducing their levels of income.

Land occupation and confiscation of land by powerful local commanders or members of the majority ethnic group in areas of return has been reported by returnees or stated as an obstacle to return. Returnees, therefore, face difficulties in recoverying property upon return from exile. A particular feature of such land occupation is the use of traditional pastureland for cultivation purposes, thereby depriving or seriously jeopardizing the return of refugees and IDPs, whose livelihoods were based on animal husbandry."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

Rightful landowners may be at risk of persecution by state and non-state agents especially if they do not have political, tribal or family protection; the risk is acute if houses have been occupied by powerful commanders or local authorities ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 23171]

"There are also circumstances in which Afghan landowners may be exposed to a risk of persecution by State and non-State agents. The risk is acute in circumstances where houses have been occupied by powerful commanders or local authorities, and restitution is being pursued by a landowner, even where there is a court decision for the return of the property. In such circumstances, the rightful owners may be at risk if they do not have political, tribal or family protection, and the authorities are unable or unwilling to protect their rights – including the enforcement of a court-decision. The real owners risk beatings or arrest and detention by local militia leaders or security officials."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

Paghman: 2 demonstrators killed in demonstration held by landowners against the occupation of land; 30 people arrested by security officials ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 23172]

"A recent example of such persecution by the State and non-State agents is reflected in the outcome of a demonstration held by landowners on 1 July 2006 in Paghman district of Kabul against the occupants of their land. Two of the demonstrators were killed, a number of them were injured, and some 30 people were arrested by security officials and detained for some time while others had to flee from the country. There are several other cases of land occupation by Government officials and former local commanders in different provinces of Afghanistan, for which the real owners have been detained, or warned not to raise the issue of land or compensation on the threat of death. Landowners resisting illegal expropriation can be viewed in relation to the 1951 Convention as having an imputed political opinion or being members of a particular social group."

Document(s): Open document

11.2007 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

According to a research by the AREU, only 30% of the population have access to land ("11th European Country of Origin Information Seminar; Vienna, 21 - 22 June 2007; Country Report; Afghanistan") [ID 21873]

"Despite assumptions to the contrary, the majority of Afghans do not have access to land: post-Taliban research (by the AREU) estimates only 30% of population have access to land. This results in the majority of the poor resorting to as many as 16 or 17 jobs a year to survive economically, including seasonal cross border work as well as harvesting poppy."

Document(s): Open document

23.08.2004 - Source: Afghanistan Research and Evaluation Unit

Inter-ethnic and factional tensions rise in rural Afghanistan due to land conflicts ("Rural Land Relations in Conflict: A Way Forward") [#24950],  [ID 781]

Document(s): Press release
Full briefing paper

03.2004 - Source: UN Office of the High Commissioner for Human Rights

Need for laws on land issues and forced evictions ("Asian and Pacific region: Quarterly reports of field offices. Period covered: November 2003 to February 2004") [#20586],  [ID 782]

"[...] There are many aspects to land and property disputes;
• Land grabbing, occupation houses of private people by commanders and distribution of lands by commanders to their own loyalists (some times based on tribal lines);
• Eviction by Government officials/ commanders without due process;
• IDPs or returnees properties occupied by others;
• Competing group claims over land (with forged documents);
• Disputes between individuals or families over land ownership / use;
• Landlessness / limited access to land.

Recently, UNAMA, UNHCR, IRC and AIHRC followed up a case of a forced eviction in the Sar-e-pul district to clarify legal and other issues related to forced eviction. There is a need to identify national laws and decrees pertaining to evictions and to bring about a serious sense of accountability among the various government actors at provincial and central levels to make sure they follow proper procedures. In this regard, a delegation met the Chairman of the High Commission for City Development and is following up the case.

Another case of forced eviction in which government lands were allocated to higher authorities in Shir Pur in Kabul led to the appointment of a Presidential Commission to investigate and report. The commission submitted its report several months ago but it is still to be made public. The National Security Council is trying to address some of the issues related to the Shir Pur report without publishing it. However, UNAMA and the AIHRC consider that publication of the report is highly desirable and that the recommendations need to be dealt with in a transparent way. [...]"

Document(s): Open document