PRT/SHARANA - PAKTIKA: THE POLITICS OF LAND

UNCLAS SECTION 01 OF 02 KABUL 001573 SIPDIS SENSITIVE SIPDIS RELEASABLE TO NATO/AUST/NZ/ISAF STATE FOR SCA/FO, SA/A, S/CRS, SA/PAB, S/CT, EUR/RPM STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG NSC FOR AHARRIMAN, KAMEND CENTCOM FOR CG CFC-A, CG CJTF-76, POLAD E.O. 12958 N/A TAGS: PGOV SOCI KJUS EAID AF SUBJECT: PRT/SHARANA - PAKTIKA: THE POLITICS OF LAND DISPUTES KABUL 00001573 001.4 OF 002 ¶1. (SBU) Summary: Development has expanded rapidly in the last year in Paktika, and so have land disputes. As the pace of development increases, the number of land disputes also increases as parcels of land are identified for schools, roads, and government centers across the province. Paktika's former Governor Mangal had figured prominently in these land disputes because he strongly backed the government's claim to the land while steadily pushing the pace of development in Paktika. Parcels of land that had been occupied by individuals or tribes are undergoing the Afghan equivalent of eminent domain, and this caused many of these affected individuals or tribes to become unhappy with Governor Mangal. It is yet to be seen if this unhappiness will be transferred to the new Governor. Multiple Land Claims Threaten Development -------------- ¶2. (SBU) On 5 March, then-Governor Mangal met with a contentious group of concerned landowners, and people claiming to be landowners, in Sharana to discuss the master plan for the city. Much of the controversy that recently surfaced in Kabul over Governor Mangal's performance, including allegations of a supposed deterioration in the security situation in Paktika, was likely related to the implementation of the Sharana and Orgun-e master plans. Sharana is the capital of Paktika province and Orgun-e is the largest town; the development and implementation of government master plans in these two cities has angered some of the people claiming to own the land there. Much of the disputed land is likely originally belonged to the government but was acquired or simply occupied by tribes or individuals over the last 26 years of instability. Often two or three individuals will claim to have legal title to what the government of Paktika contends is and has always been government land. Weak Judiciary Puts Governor in Tight Spot -------------- ¶3. (SBU) The lack of a functioning judicial system also contributes to this problem. Disputes which could be settled quickly in a normal civil court in America are often extremely complicated in Afghanistan. Judges are notorious for taking bribes to decide cases and often delay the outcome in order to try to get more money from the claimants. The judicial system in Paktika is so badly staffed, equipped, and trained that it is basically a non- player in the province. The lack of a functioning judiciary also places the governor in a position of either stalling development while land disputes work their way through a judicial system that may never come to a decision on these cases, or pushing ahead with development on land to which he believes the government has a clear title regardless of other claims. Comment -------------- KABUL 00001573 002.4 OF 002 ¶4. (SBU) In cases where the governor has moved ahead and allowed development on government land, some jilted claimants have taken their claims and very likely their money to Kabul, where they have complained about the governor to ministry officials or even directly to ministers. Thus, development progress in the province and good governance by the governor may very well have resulted in Kabul's recent inflated security concerns about Paktika as well as the allegations that the former governor was corrupt and unpopular. Regardless of where these concerns and allegations originated, observations on the ground in Paktika indicate that they do not appear to have any basis in fact. It is yet to be seen how the land disputes will be worked out under the leadership of Paktika's new governor Mohammad Akram Khpulwak, but if the past is any judge he will have his hands full balancing much-needed development with aggressive tribal and individual land claims. NORLAND