Identifier
Created
Classification
Origin
06KABUL1573
2006-04-09 08:38:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Kabul
Cable title:
PRT/SHARANA - PAKTIKA: THE POLITICS OF LAND
how-toVZCZCXRO7662 PP RUEHDBU RUEHIK RUEHYG DE RUEHBUL #1573/01 0990838 ZNR UUUUU ZZH P 090838Z APR 06 FM AMEMBASSY KABUL TO RUEHC/SECSTATE WASHDC PRIORITY 9482 INFO RUCNAFG/AFGHANISTAN COLLECTIVE RUCNIRA/IRAN COLLECTIVE RHEHAAA/NSC WASHDC RUEAIIA/CIA WASHDC RHEFDIA/DIA WASHDC RUEKJCS/OSD WASHDC RUEKJCS/SECDEF WASHDC RUEKJCS/JOINT STAFF WASHDC//JF/UNMA// RUEKJCS/JOINT STAFF WASHINGTON DC//J3// RHMFISS/CDR USCENTCOM MACDILL AFB FL RHMFISS/HQ USCENTCOM MACDILL AFB FL RUMICEA/JICCENT MACDILL AFB FL RHMFIUU/COMSOCCENT MACDILL AFB FL RUEATRS/DEPT OF TREASURY WASHDC RUCNDT/USMISSION USUN NEW YORK 2410 RUEHNO/USMISSION USNATO 2606 RUEHGV/USMISSION GENEVA 5810 RUEHUNV/USMISSION UNVIE VIENNA 1251
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
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
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