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Presented by Internet Silk RoadAn Internet Bar Organization InitiativeLand Dispute Resolution usingMobile Technologies© 2010 Internet BarOrganization

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Internet Silk Road Research Agenda Legal Empower ment Use 0f technology and development of Rule of Law to build financial and marketplace infrastructure Mobile Telephony Land Rights Mobile Clarification Commerce Mobile Banking © 2010 Internet Bar Organization

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Land Situation in Afghanistan Refugee resettlement Pastureland conflicts Rural inaccessibility to judicial system Corruption Multiplicity of deeds due to successive regimes’ systems Overburdened land registries © 2010 Internet Bar Organization

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© 2010 Internet Bar Organization

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Negative Effects Property owners cannot offer land as collateral for loans Disputants find graft makes dispute resolution expensive/impossible leading to violence Foreign investors feel unsafe because of the lack of clarity on ownership Underinvestment and conflict ensue © 2010 Internet Bar Organization

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Attempts to Rectify Land IssuesAttempt ShortcomingsRegistration/mapping Lack of resources to complete; doesn’t address verification of ownership/disputesGovernment freeze on sale of gov’t land Freeze on sales doesn’t address underlying[to avoid land grabbing] lack of clarity of rightsUse of tax records to determine land Tax records use favors the wealthier,use/ownership regardless of actual land occupation/useJirga dispute resolutions Jirgas’ results are customary and outside of formal system. Therefore results aren’t reflected in titlesCourt-based dispute resolutions Courts are over-burdened © 2010 Internet Bar Organization

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Using Simple Mobile Technologies to Streamline the Process Training of Afghans in using mobile technologies to:  Collect evidence on jirga customs during needs assessment  Aid in mapping disputes & transmission of mapping information to centralized location  Detect new disputes  Transmit decisions made by ADR jirgas to e-registry © 2010 Internet Bar Organization

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GSM Subscribers 12,113,571 CDMA Subscribers 78,796 Landlines 50,532 Penetration 49% Investments in $ 1,276 Millions Telecom BaseThe Afghan Mobile Station 3,285Phone Market today Population Coverage Over 80% Statistics above from Afghan Ministry of Communication, DecemberIn 2007, the number of mobile phone 2009; Photo below: A man sells mobile phones in Kabul. Source: Bloomberg News via WSJsubscribers in Afghanistan was150,000 (12% of Afghan population)[Associated Press]By December 2009, the number hadshot up to 12 million [AfghanMinistry of Communications] © 2010 Internet Bar Organization

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© 2010 Internet Bar Organization Land Mapping and RegistrationGPS coordinates of individualplots recordedPhotographs taken of Land Mappingboundary markersWritten description ofboundary markersOnline database of datacollected will be pitched to Informal clarificationAfghan government for Land Registration of land rights within communityupdate of land registryOnline database of landdata can be used as Informal clarificationinformal basis for Titles reduce land Title used as collateral reduces land disputes dispute and increaseloans, land dispute for loans and increases tenure tenure security securityresolution in themeanwhile

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© 2010 Internet Bar Organization ADR Mechanism Level 1 disputes ODR to solve Disputes SMS-ed Resolved; Disputes arising disputes; Decision monitoring to e-registry sent to e-registry over mapping Level 2 disputes ISR-trained ADR Decision SMS-ed to Resolved;Smaller claim land arbitrators e-registry monitoring disputes Level 3 disputes Decision of tribes Similar model to Resolved; SMS-ed to e- Pasturelands level 2 model monitoring registry

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Trust and Governance Transparency  Monitoring: tracing of digital footprints in e-registry editing  Viewing access to e-registry database open to the public Security  Limiting access to editing e-registry to a few accountable individuals  Encryption of information entered into database  Privacy – experiment with different privacy models  E.g. Make grievance data anonymous © 2010 Internet Bar Organization

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How Mobile Technologies Can Help Now Information gathering and uploading Individual  GPS coordinates  photographs Central  Written Individual registry Individual descriptions of boundary markers and disputes Individual © 2010 Internet Bar Organization

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Future Applications Accessibility of deed registry through mobile Individual phones ADR mechanisms to resolve low-level land Individual Central Individual registry disputes Integrating deed records as proof of collateral for Individual mobile micro-lending © 2010 Internet Bar Organization

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Partnering with the expertsOnline Dispute Resolution  Ethan Katsh, Director of the National Center for Technology and  SMU Masters program on Dispute Dispute Resolution; led by IBO board member Dan Rainey and Alma Jadallah of the American University Cell phone mapping: School of International Service.  Todd Huffman - mobile developer  Colin Rule, Dir. of Online Dispute who has implemented key Resolution at ebay/Paypal technology projects in Afghanistan; working with the Haiti  National Defense University OpenstreetMaps Team  Jin Ho Verdonschot, Faculty of Law, University of Tilberg Institute for Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (TISCO) © 2010 Internet Bar Organization

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Local PartnersGIS/GPS advisors ground: Amir Zeb Khan, GIS  Afghan Judiciary specialist and consultant  Afghanistan Bar Association Afghan Land Consulting Organization; Harakat  Afghan Land Consulting (ALCO) Organization (ALCO)  Afghan Center for Dispute Resolution (ACDR)  Afghan Land Authority (ALA)Potential collaborators on the © 2010 Internet Bar Organization

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Thank YouPresentation prepared by:RuhaDevanesan, VP & Exec Dir IBOJames Cormie, ISR researcherIvan Goering, ISR researcherContact:www.internetsilkroad.orgJeff Aresty, President, IBOJeff.aresty@gmail.comRuhaDevanesan, VP & Exec Dir.ruhatd@gmail.com © 2010 Internet Bar Organization