Afghanistan Independent Land Authority متحد به رشد اجتماعی و اقتصادی Committed to Social & Economic Growth Historic and current institutional developments in Afghanistan’s land sector By: Jawad Peikar CEO of Afghanistan Independent Land Authority Government Islamic Republic of Afghanistan March 25 th, 2014

Structure of Presentation Afghanistan and Land Facts in a Glance; Traditional Land Administration (Kings ); Moderate Land Administration ( ); Radical Land Administration ( ); & Modern Land Administration ( Up To Date)

Structure of Presentation -  Afghanistan and Land Facts in a Glance 1

Afghanistan in a Glance

 Its history and culture goes back over 5,000 years;  Its ancient name is Aryana, its medieval name is Khorasan and its modern name is Afghanistan;  Afghanistan has been founded in 1747;  It has been a buffer state between British and Russians and got its Independence in 1919;  It has 32 million population with a majority under the age of 24 years;  It is a 652,230 sqkm, land-locked country;  GDP per Capita: $1,100 (2012 est);  Afghanistan's living standards are among the lowest in the world

Land In a Glance  There are 65 million hectares of total lands in Afghanistan; o 7.8 million hectares Agriculture lands; o 30 million hectares of pastures lands; o 8 million hectares of dessert lands; o 1.9 million hectares of forests; and o 17.5 million hectares of mountains, rivers shores, rocky areas.  Between 1965 to 1978 only around 34% of Afghanistan lands had been surveyed;  Only less than 30% properties in urban areas and less than 10% of properties in rural areas have been registered by official institutions of the state;  More than 80% of lands in the country are unregistered; and  Court has strong role in Land Administration in the country.

Structure of Presentation -  Traditional Land Administration (Kings ) 2

Highlights Of This Period: All lands considered state lands until 1921; Commodity taxation until 1921; Land as king gift; Land used for agriculture mostly. Taxation improved; Private Ownership introduced legally; Land distributed to selected people; Monetary taxation introduced, and Tax payers listed. Kings; Ministry of Finance; and Tribes, jirgas and influential people 1880, Taxation started on lands; Rights of Ownership in1923; Traditional LM; & New Policies & Private Ownership in 1921 Land Concept Outcomes Land Administration Implementing Institution

Structure of Presentation -  Moderate Land Administration ( ) 3

Highlights Of This Period: State, Public, Private; Land survey & Self Reporting Taxation Moderate re- distribution and Land Ceiling. Survey institute; Professional Surveyor; 33% lands surveyed; Proper land books made; and Not sustainable LR Kings/President; Ministry of Interior Ministry of Finance; High Council; Special Court Modernization in LM and LA; Small LM Unit established; Upgraded to Directorate Cadastre Survey Institute; % surveyed Land Concept Outcomes Land Administration Implementing Institution

Structure of Presentation -  Radical Land Administration ( ) 4

Highlights Of This Period: Public, Cooperatives & Private Lands; Natural resources and buildings – state property; & Oxymoron Land Regulatory The land reform was not implemented in most part of the country; Stopped in 1987 and then in 1994 by Mujaheedin. PDPA; Ministry of Agriculture; and Provincial and District level Special Committees. Radical land ceiling & re- distribution; Acquisition without compensation; Conditional private ownership Constitution1980 Land Concept Outcomes Land Administration Implementing Institution

Structure of Presentation -  Modern Land Administration (2001 up to date) 5

Highlights Of This Period: Private, public, state & proposed village lands; and Modern approach. New Policies; IT component; Five Years Strategy; Governance; & Observe lessons learned from the past. MAIL; Independent Land Authority (ARAZI) Proposed HCL; & Villages Commissions. Regulatory Environment Reform; Non-biased Policies; and Follows International good practices. Land Concept Outcomes Land Administration Implementing Institution

Afghanistan Land Policy Objectives prepares Land Administration for the future:  Provide every Afghan with access to land;  Promote and ensure a secure land tenure system;  Encourage the optimal use of land resources;  Establish an efficient system of land administration; and  Ensure that land markets are efficient, equitable, environmentally sound and sustainable to improve productivity and alleviate poverty Modern Land Administration (2001 up to date)

Land Management Law The Proposed Amendments for the LML Are Institutional:  Administrative Land Administration;  Village or Villages Special Lands;  Village Land Commission;  Gender neutrality;  Fighting corruption provisions;  More streamlining in Land Lease processes;  Private sector allowed to do land survey; and  Accepting customary documents as ownership documents. Modern Land Administration (2001 up to date)

Land Acquisition Law The Proposed Amendments for the Land Acquisition Law are institutional:  The law custodianship issue;  Covers both rural and urban lands;  Resettlement Section in the Law;  Compensation for directly and indirectly affected people;  Just, fair and market value compensation;  Public consultation & public hearings;  Land acquisition leads to welfare; and  All kinds of occupants of lands considered for compensation. Modern Land Administration (2001 up to date)

An Operational Strategy to Become a Modern Public Land Services Institution Five Years Strategic Plan is a Roadmap For Strengthening Land Administration Institutions in the Country:  Defines vision, mission and objectives;  Vision: An independent, effective and efficient public institution that provides transparent land services, contributing to stability and growth;  Objectives: Primary, Secondary and Tertiary objectives Modern Land Administration (2001 up to date)

Land Survey Function Land Mang/Adim Independent Land Authority Past Present Future One Stop Shop Merging of Cadastre Department was a good step toward strengthening Land Administration Institutions:

ALRMIS Is an Enterprise Integration System: Workflow Modern Land Administration (2001 up to date)

ARAZI is currently working with the USIP to develop a model for Land Disputes Resolution! Modern Land Administration (2001 – up to date)

An important step toward strengthening land administration institutions in the country and in establishing ARAZI as a transparent and clean land authority will be the application of the Land Governance Assessment Framework (LGAF). ARAZI is currently working with the World Bank to conduct LGAF in the country: Modern Land Administration (2001 up to date)

ARAZI already has success stories to share:

r What Makes Modern LA Different? We have Vision, Mission, Strategic Objective and Logical Framework to asses the progress against the “indicators” We believe that “Land Administration” is a administrative procedures and governance wise it is different from “LM”. We believe in “One Stop Shop” Land Administration. We believe Land Administration should be less costly and more effective and sustainable. We observe the “Lessons Learned” in the new policy initiatives for Land Administration Reform in the country. We have listed all our priorities for the coming five years under one strategic plan. We are committed to hear experts’ recommendations and consider international good practices in the reform process.

متحد به رشد اجتماعی و اقتصادی Committed to Social & Economic Growth Thank You! Afghanistan Independent Land Authority