Afghanistan Independent Land Authority

متحد به رشد اجتماعی و اقتصادی

Committed to Social & Economic Growth www.arazi.gov.af

Historic and current institutional developments in Afghanistan’s land sector

By: Jawad PeikarCEO of Afghanistan Independent Land Authority

Government Islamic Republic of Afghanistan

March 25th, 2014

Structure of Presentation

Afghanistan and Land Facts in a Glance;

Traditional Land Administration (Kings - 1933);

Moderate Land Administration (1933 - 1978);

Radical Land Administration (1978 - 2001); &

Modern Land Administration (2001 - Up To Date).

1

2

3

4

5

Structure of Presentation -

Afghanistan and Land Facts in a Glance

1

Afghanistan in a Glance

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; ando 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 - 1933)

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 ConceptOutcomes

Land Administration

ImplementingInstitution

Structure of Presentation -

Moderate Land Administration (1933 - 1978)

3

Highlights Of This Period:• Modernization in LM

and LA;• Small LM Unit

established;• Upgraded to

Directorate• Cadastre Survey

Institute;• 1965-1978

33% surveyed

• Kings/President;• Ministry of Interior• Ministry of Finance;• High Council;• Special Court

• 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

Land ConceptOutcomes

Land Administration

ImplementingInstitution

Structure of Presentation -

Radical Land Administration (1978 - 2001)

4

Highlights Of This Period:

• Radical land ceiling & re-distribution;

• Acquisition without compensation;

• Conditional private ownership Constitution1980

• PDPA;• Ministry of Agriculture;

and• Provincial and District

level Special Committees.

• 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.

Land ConceptOutcomes

Land Administration

ImplementingInstitution

Structure of Presentation -

Modern Land Administration (2001 up to date)

5

Highlights Of This Period:

• Regulatory Environment Reform;

• Non-biased Policies; and

• Follows International good practices.

• MAIL;• Independent Land

Authority (ARAZI)• Proposed HCL; &• Villages Commissions.

• Private, public, state & proposed village lands; and

• Modern approach.

• New Policies;• IT component;• Five Years Strategy;• Governance; &• Observe lessons

learned from the past.

Land ConceptOutcomes

Land Administration

ImplementingInstitution

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.

2007

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

2014 - 2018

Modern Land Administration (2001 up to date)

Modern Land Administration (2001 up to date)

Land Survey Function

Land

Man

g/Adi

m

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

WorkflowGISLR

Lease

Valuation

Inventory &Classification

Registration

Disputes

RightsClarification

GoIRA Agencies

Management & Monitoring

Public Access

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)

Before ARAZI With ARAZI$0

$500,000$1,000,000$1,500,000$2,000,000$2,500,000$3,000,000$3,500,000

$140,000

$3,400,000

With ARAZI Land Lease Revenue Has Increased Drastically!

Years

Reve

nue

by $

Before ARAZI With ARAZI0

102030405060

52

9

Land Lease Process Has Been Streamlined!

Years

Steps

Modern Land Administration (2001 up to date)

ARAZI already has success stories to share:

rWhat 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.

و اجتماعی رشد به متحداقتصادی

Committed to Social & Economic Growth

Thank You!

Afghanistan Independent Land Authority