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  • Intoduction: Good Afternoon Ladies and Gentlement, May name is Mohammad Sediq Rashid the National Chief of Operations for the Mine Action Programme of Afghanistan.The purpose of my presentation is to share the findings of the case study research that was done for exploring the linksbetween landmine contamination and post-conflict land rights issues in Afghanistan.To provide a context I will first briefly present an overview of landmines and other explosive remnants of war situation.
  • Landmines and other explosive remnants of war are among the worst legacies of wars in Afghanistan. The indiscriminate use of landmines was started in 1979. Mine and ERW problem has been increased year by year during all the historical periods of conflicts reflected on this slide. Even if mines and the use of IEDs are stopped the conflicts will for certain leave behind numerous unexploded explosive devices that will take many innocent lives and create major barriers to the social and economic development in the affected areas.
  • As the map shows all these conflicts left behind thousands of landmines and other explosive of war contaminated areas throughout the country. Majority of the mined areas in Afghanistan are causing blockages to the livelihood assets, like agricultural land, irrigation system, road, infrastructure, grazing areas, and residential areas.
  • 1996 to 2000, monthly average victims has been estimated to be more than 500. Majority of the victims are among children,246 deaths and injuries, 48 killed this yearso far
  • In recent Afghanistan history, land reform and property rights have been major issues. Since 1923, most of the Afghanistan constitutions have covered land-related issues. In practice however, private property holders have not benefited sufficiently from property protection.1970s was the era of major land reform efforts, fairly applicable policies were established, practical efforts were also started and some progress was made. The communist regime then went further in the 1980s, when the government rigorously took land from those in possession of more than six hectares, without compensation. The constitution limited private ownership and made it subject to state control, and those who failed to register their land faced its confiscation. This resulted in considerable backlash and revolt against the regime. Land Rights Issues: a general vagueness in the land tenure system land shortage, Land grabbing, 800,000 hectares; institutional capacity; human resources; coordination; refugees, Rapid population growth and urbanizationawareness, corruption, illiteracy, inequities, ethnic conflicts, landlessness and indebtedness in the farming sector, varying legal bases (eg customary, religious and state law)
  • The July 2008 law on managing land affairs is the latest reference document that regulates land titling and registration. Establishing a land management systemManaging the property and land registration books Collection of authentic figures and statistics on properties to be used in the future economic and development plans of the government Solving problems resulting from land reforms implementation during former regimes Differentiating land owned by government, land owned by individuals,Restitution of lands distributed against Sharia and against the legislation Creating favorable opportunity for active and broad based participation of the private sector in land affairs Preventing usurpation of government properties Providing the opportunity to the people to have access to the land  
  • Jabrail village in Herat,The example of 8000 family settled on top of mined areas in eastern Afghanistan – Nanagarhar. The case of Kamdish district. Example of 6 areas cleared and then grabbed by illegal housing in Kabul city
  • Mine action is already engaged in land rights, it is therefore important to be aware of the land rights issues and make sure mine action do no harm. Example of mechanical mine clearance – soil erosion and land rights…
  • 2 Minefields covering 142,618 sqm area were not in use due to dispute between two tribes, out of 222 cleared minefields inspected this year8 minefields covering 436,709 Sqm Area were not in use due to dispute between two tribes – PDIA past rocords

Transcript

  • 1. Landmines and Land Rights in AfghanistanMohammad Sediq Rashid, November 01, 2011 Mine Action Coordination Centre of Afghanistan
  • 2. An Overview of Landmines and Other Explosive Remnants of War in Afghanistan1. Russian era – 1979-19892. Russian-backed Government – 1989-19923. Mujahideen – 1992-19954. Taliban – 1995- Oct. 20015. Ongoing conflicts since 2001 Mine Action Coordination Centre of Afghanistan
  • 3. The Original Challenge of Landmine Contamination Mine Action Coordination Centre of Afghanistan
  • 4. Different Types of Landmines and Other Explosive Devices are Used in Afghanistan Mine Action Coordination Centre of Afghanistan
  • 5. Victims of LandminesMine Action Coordination Centre of Afghanistan
  • 6. Current Situation1980 ImpactedCommunities 40 Victims per month 6,216 areas (602 sq km) contaminated by landmines Mine Action Coordination Centre of Afghanistan
  • 7. Background of Land Rights Situation Conflict changes landtenure regime andadministrationLand dispute - a main causefor conflictsIDPs, refugees, women andfarm labourers are mostlyaffected Mine Action Coordination Centre of Afghanistan
  • 8. Land Rights Issues• Vagueness in the • Awareness, corruptio land tenure system n, illiteracy, inequities,• Land shortage, ethnic• Institutional capacity conflicts, landlessnes s and indebtedness in• Refugees, the farming sector,• Rapid population • Varying legal bases growth and urbanization • Land grabbing Mine Action Coordination Centre of Afghanistan
  • 9. AFGHANISTAN (Map)
  • 10. Legal Framework• Afghanistan Land Management Law (2008) – Land Clarification Commission• Law enforcement is a major challenge• Customary and informal land titling prevails Mine Action Coordination Centre of Afghanistan
  • 11. Land Rights Issues in Mine Affected Areas Mine Action Coordination Centre of Afghanistan
  • 12. Mine Action Coordination Centre of Afghanistan
  • 13. The Mine Action Response to the Land Rights issues until 2010 No demining operations if the land is disputed Mine Action Coordination Centre of Afghanistan
  • 14. Actions Taken this Year• Awareness raising• MACCA director’s letter to the mine action implementing organizations• The land and property rights has been added in the post demining impact assessment questionnaire Mine Action Coordination Centre of Afghanistan
  • 15. The Boundaries of the Land are Not Disturbed by Mechanical Demining Machine Mine Action Coordination Centre of Afghanistan
  • 16. The Way Ahead• Integrate land Rights Issues in National Mine Action Standards and in the operators SOPs and training programmes• More awareness raising sessions• Strengthen linkages with the land rights and land management actors• Integrate land rights in Liaison, survey and clearance activities Mine Action Coordination Centre of Afghanistan
  • 17. Thank YouMine Action Coordination Centre of Afghanistan