PRT/BAMYAN: LAND USE TENSIONS SIMMER IN

UNCLAS SECTION 01 OF 03 KABUL 002296

SIPDIS

DEPARTMENT FOR SCA/FO, SCA/A, S/CR, EUR/RPM
DEPT PASS USAID for AID/ANE, AID/DCHA/DGNSC FOR AMEND
AND HARRIMAN
OSD FOR BREZINSKI
REL NATO/AUST/NZ/ISAF
CENTCOM FOR CG CFC-A, CG CJTF-76
TREASURY FOR PARAMESWARAN
COMMERCE FOR AADLER
TRANSPORTATION FOR MODESITT

SIPDIS
SENSITIVE

E.O. 12958 N/A
TAGS: PGOV PREL ECON AF
SUBJECT: PRT/BAMYAN: LAND USE TENSIONS SIMMER IN
BAMYAN

Summary
--------------


1. (SBU) Uncertainty over land titles seems to be the
common denominator in recent disputes in Bamyan. The
Governor has intervened personally to defuse Tajik and
Hazara tussles over farmland. An unresolved ownership
dispute continues to hamper government efforts to
regulate coal mining in the province. Officials have
requested the PRT's assistance to "guard" against
Kuchi squatting during the annual migration season.
Neither the provincial government nor the judiciary
appears equipped to address land ownership disputes.
Without some clearer direction from the central
government on how to move forward, land disputes will
remain a source of volatility and instability in
otherwise peaceful Bamyan. End Summary.

Tajiks and Hazaras Tussle
--------------


2. (SBU) Bamyan Tajiks do not appear to be enjoying
their minority status. Residents from the Tajik
community of Jograkhil (Bamyan center) claim that
local officials distributed their hilltop lands to
landless Hazaras and returnees. (Comment: Many of the
Tajiks' claims to land came from previous Governor
Aliyar, who reportedly was happy to issue titles to
property for the right fee. End Comment.) Local
Tajik leaders warn that continued government support
could have consequences similar to last year, when
fights between Hazaras and Tajiks led to two Hazara
deaths. The local Tajik leaders traveled to Kabul to
complain about their alleged poor treatment to the
central government, including to Lower House Speaker
Qanooni (reftel).


3. (SBU) Governor Sarabi ordered new Bamyan Mayor
Zahir-e-Shahidani to establish a commission to
investigate (and defuse) the issue. The commission
will be comprised of ten community members including
Government officials, local elders, shura members and
UNAMA (as observer). The commission intends to survey
and verify all new houses that have allegedly been
built on Tajik lands in Jerstoghai, Toopchi, Petab
Paghman, Jobrakhil, Sang Chaspan, Taibuti, and
Zargaran villages. (Comment: The PRT, predominately
through US Army Civil Affairs, but also through
USAID's funding of the Arzu carpet weaver project,
provides support to returnees in Toopchi village.
That support received additional impetus from CFC-A
Commander LTG Eikenberry's visit to the village on
November 11, 2005. End Comment.)

16 Tons, What do you Get . . .
--------------


4. (SBU) Coal mine ownership is another area
generating friction in Bamyan. Two new coal mines
have been discovered in Khaja Ganj village in Saighan
District of Bamyan province. The local population is
already extracting coal from the mines without
approval from either the provincial government or the
Ministry of Mines and Industry. Even for pre-existing
mines, all that is necessary to extract coal is for an

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individual to approach a local Mines Ministry official
(the closest office is in Pol-e-Khumri),pay the
appropriate bribe/"baksheesh", and take that license
to the mine. Licenses are supposedly good to extract
10 tons of coal, but licensees frequently overload
their trucks with 16-18 tons, selling the extra coal
on the side for additional profit.


5. (SBU) While fully aware of the situation,
provincial officials have made few attempts to
regulate the coal industry, due to lingering disputes
over the mines' ownership. The two most productive
coal mines, in Ish Pesta and Talibarfak, lie on either
side of the Bamyan-Baghlan border, respectively. Both
mines previously were part of Baghlan province. Coal
trucks would route through Baghlan to reach their main
market in Kabul, giving Baghlan warlords an
opportunity to extract tolls or tribute.


6. (SBU) Since Khamard and Saighan Districts became
part of Bamyan province, coal trucks from Ish Pesta
now travel south (through Bamyan),depriving the
Baghlan warlords, particularly Mullah Wali, of their
previous revenue source. (Note: Bamyan ANP officers
appear to be the principal beneficiaries of the new
route as they extract "tolls" at formal and informal
checkpoints throughout the province. End Note.)
Mullah Wali kidnapped two Bamyan ANP officers in
December in retaliation for his loss of revenue, and
has threatened to kidnap other Bamyan residents
working "his" mine in Ish Pesta.

The Kuchis are Coming! The Kuchis are Coming!
-------------- --


7. (SBU) Both District Sub-Governor Engineer Abdul
Rahim of Panjab and Mohammad Amir Mahmoodi of Waras
have approached the local PRT patrol in the area
requesting the PRT's help to prevent the "rogue"
Kuchis from "running wild." As Rahim explained, the
local Hazara population does not have problems with
Kuchis who own land (Note: Many purchased land in the
southern districts a number of years ago and now lease
the property. End Note.). However, the Hazaras
appear to be unhappy with nomadic Kuchis who arrive,
use land that does not belong to them, and then leave.
According to Mahmoodi, Kuchis regularly travel through
Ghazni Province and Behsoud district in Wardak, but
have avoided Bamyan the past few years because of
violence against Kuchis. Mahmoodi believes the Kuchi
nonetheless plan to travel through southern Bamyan
this year, leaving the door open for new violence.

Government Ill Equipped to Handle Land Issues
-------------- -


8. (SBU) Lack of a government capacity to address
land disputes only exacerbates tensions arising from
land disputes. Aide de camp to Governor Sarabi Mr.
Amir Fooladi told PRToff "the Governor can convene
special commissions and shuras, but they only handle
the immediate, surface dispute. We need something
more permanent to get to the root of these problems."
Fooladi dismissed the judiciary as a possible
solution, noting darkly that judges' motives have

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little to do with conflict resolution.


9. (SBU) Chief Judge Baba Jan Saighani likewise
admitted to PRToff that the judiciary lacks the
capacity to address land disputes. Judges in Bamyan
have little training in property issues beyond their
own general Sharia training (if they even have that).
Saighani fumed that the law itself is unclear how and
why a particular title to a given piece of property
takes precedence over another: "if the law cannot
decide, how can we" Saighani asked.

Comment
--------------


10. (SBU) Bamyan faces few security challenges
relative to other provinces, but those which do arise
frequently involve land (and, to a lesser extent,
ethnicity). Local officials are allowing land
disputes to fester, mostly because they lack the
tools, training, and/or the will to confront them.
Governor Sarabi did not tackle any such dispute until
land-related complaints reached Kabul, providing fuel
to Sarabi detractors and weakening her own political
base. The Governor's position likely will remain weak
until she receives Central Government support and
direction on where and how to tackle land disputes.


11. (SBU) Land titling remains a problem throughout
Afghanistan which hinders refugee return and economic
development. The issue is extremely complex and
claims are often overlapping. Resolution of this
issue has to be an Afghan led process, which will
require the expenditure of considerable political
capital. USAID contractor Emerging Markets Group has
been working with municipalities, through Community
Development Councils (CDCs),to discuss and resolve
property disputes in two districts of Kabul. They
will be partnering with the World Bank to hold a
nationwide land resolution conference in Kabul in the
near future. The CDCs developed by EMG and Afghan
municipalities have been useful in resolving some
urban land conflicts. Perhaps expanding this concept
to the rural environment should be considered in
Bamyan.
NEUMANN