Publication: Land Acquisition in Afghanistan : A Report
Loading...
Date
2007-06
ISSN
Published
2007-06
Author(s)
Editor(s)
Abstract
The purpose of this report is to review and assess Afghanistan's legal framework regulating social safeguards (national and local laws, regulations, procedures and policies) with special reference to the law and practice of compulsory land acquisition, or expropriation. The overall objective of the report is to consider how Afghanistan's legal framework would address social safeguard issues in upcoming World Bank projects which are likely to involve land acquisition and resettlement of those persons whose land is to be acquired in connection with project implementation. The report will consist of a narrative of the context within which the assessment will be conducted and the assessment which will in both narrative and tabular form. Afghanistan is embarking upon a massive programme of public works to improve and upgrade the infrastructure of the country: better roads, clean water; more schools and hospitals in both rural and urban areas are needed to provide a better life for all Afghans. The World Bank is committed to providing assistance towards the realization of this programme. Much of these public works will involve the acquisition of land on which people are at present living and obtaining a livelihood from. It is important to stress at the outset of this report that far from the object of the report being to impede or prevent these necessary public works, the aim of the report and any consequential changes in the law which might result from its proposals are designed to facilitate those public works by providing for a clear and fair system of land acquisition, compensation and resettlement for those people who will be required to leave their homes and land for the greater public good in order that the public works can be carried out. Where people are satisfied that they have been treated fairly, they will be more likely to co-operate in being moved from their homes and this will facilitate the execution of the public works.
Link to Data Set
Citation
“McAuslan, Patrick. 2007. Land Acquisition in Afghanistan : A Report. © World Bank. http://hdl.handle.net/10986/8057 License: CC BY 3.0 IGO.”
Associated URLs
Associated content
Other publications in this report series
Journal
Journal Volume
Journal Issue
Collections
Related items
Showing items related by metadata.
Publication Land Tenure for Social and Economic Inclusion in Yemen : Issues and Opportunities(Washington, DC, 2009-12-01)The report, Land Tenure for Social and Economic Inclusion in Yemen: Issues and Opportunities was completed in December 2009. The report addresses the problems of land ownership in Yemen and the various social and economic problems associated with the system of land ownership. Property rights under Yemeni Law are expressed both in custom and statute, but both are informed by shari a (Islamic law), which provides the basic property categories for land in Yemen. There are unfortunately no reliable official statistics for the amount of land within these categories, or how much arable land (a small percentage of total land area) falls within each. It is clear however that certain groups suffer from disadvantages in accessing land and land rights. Daughters are disadvantaged by shari a rules which limit their inheritance shares to only half that of a son. Youth, unable to inherit until the demise of their parents and lacking the capital to buy land, lack access to land and other employment opportunities, which endangers social stability. There are occupational castes (artisans) who are discriminated in land holdings and ethnic minorities, former slaves and immigrants from East Africa, who lack access to land, and especially land ownership, limiting them to the most menial labor. Amongst the recommendations the report addresses are; the law on state land and compulsory acquisition of land by the state are relatively recent and are in general in line with current best practices. There is however some fundamental problems in its legal delineation of state land. First and foremost, there is a need to provide a clearer distinction between state and communal land. In addition, it is clear that implementation of the law concerning state land is badly flawed, and that there are abuses in terms of uncompensated land takings and illegal appropriations of state lands for private purposes. The law concerning private ownership of land is satisfactory in most respects. Yemen has a long tradition of private ownership and land and rental markets. Those markets are clearly quite active, at least in areas where the economic basis for such market activity exists. The right of pre-emption in Yemeni law, a shari a institution, has been criticized by some commentators, but more recent scholarship recognizes its value. Waqf may offend the economic sensibilities of market economists in that waqf land is permanently held out of the land (sales) market, but it does move in rental markets and in the circumstances of Yemen it performs strong social functions. It supports important public functions and provides access to land for the poor but is increasingly negatively affected by weak supervision and corrupt practices. Tenancies are an important means of access to land in Yemen, especially for the poor, and their relatively stable terms stable terms under customary rules have historically provided a reasonable degree of tenure security. Post-land reform issues remain a problem in the southern governorates. Improving the system for recording of land rights has been a focus of law reform discussions in Yemen in recent years. Women are clearly disadvantaged by the terms of inheritance law, and even more greatly disadvantaged by the failure in practice to realize their limited rights under that law. The situation of disadvantaged ethnic groups deserves priority attention. Their lack of secure access to land, especially owned land, is a violation of the humanitarian values of Islam and condemns them to continuing poverty. There is growing competition for land. This is driven in some parts of the country by the development of new water technologies which have enabled larger- scale cultivation and created economic opportunities. It is clear that land dispute resolution mechanisms are not functioning well.Publication Land Governance in South Sudan : Policies for Peace and Development(Washington, DC, 2014-05)South Sudan is a new country of 10.5 million people that has just emerged from conflict and still facing challenges with recovery and development. Although economic disparities, political exclusion and deprivation in the distribution of political and economic power between the northern and southern parts of then united Sudan were often tendered as the proximal causes of the conflict, at the center of the prolonged civil war was the struggle for ownership, control and use of land resources. The tool underpinning this report is the Land Governance Assessment Framework (LGAF), a diagnostic instrument for rapid evaluation of various aspects of land governance. LGAF was developed through a collaborative effort between the World Bank, Food and Agriculture Organization (FAO), UN Habitat, International Fund for Agriculture Development (IFAD), the International Food Policy Research Institute (IFPRI) and the African Union (AU).Publication China - Integrating Land Policy Reforms II : Strengthening Land Rights for Equitable Growth and Social Harmony(Washington, DC, 2007-06)This report evaluates the legal framework for rural land rights, the regulations of rural housing sites, the effects of land requisition on farmers who lose land, and some selected issues affecting urban land rights. The focus of this report is how to enhance property rights in a number of different contexts. The report makes a series of specific policy recommendations for rural agricultural land, rural housing land, to protect rights in the context of requisitions, and for urban land rights that include: strengthening farmers' rights over rural agricultural land, strengthening rights over rural housing land, improving requisition procedures and outcomes, and strengthening urban land use rights and administration.Publication Land Policy Dialogues : Addressing Urban-Rural Synergies in World Bank Facilitated Dialogues in the Last Decade(Washington, DC, 2007-06-27)Land policy, administration and management are areas of strong client demand for technical advice and operational support. This review sought to help the Bank better position itself to present coherent advice on policy, institutional arrangements and practice. The potential implications are a lowering of reputational risk to the Bank; greater efficiency in the process including joint data gathering; and building of greater momentum and ownership of national land policy dialogues. The review found that dialogues are not as divergent as initially thought. Positions that are central to the Bank's message on tenure security, land market efficiencies, administrative integration, proactive and economically efficient land use management and encouragement of rental markets, all receive consonant reflection from the prescriptive policy advice generated by the Bank. The review notes that especially in democratic environments, policy prescriptions are to be judged in the dynamics of political economy and that land is one component where the bargaining becomes most contested. Finally the review suggests the need to go beyond the desk review that was possible in this undertaking and to use more extensive consultations with task team leaders and sector managers to convert the background paper produced under the current exercise into a position paper with a wider audience.Publication China Land Policy Reform for Sustainable Economic and Social Development : An Integrated Framework for Action(Washington, DC, 2005-12)China has undergone a profound economic and social transformation as it moves from a centrally-planned to a market-oriented economy. Land issues are implicated in this ongoing transformation in numerous important ways - as key factors in China's quest for economic growth, national food security and social stability; as important influences in the rapid growth of China's cities as well as the future of its agriculture; and as central features in local government finance and in the growth and stability of the financial and banking sector. It is clear that decisions concerning land - how it is allocated, how it is used, how it is governed, how it is administered and how it is financed - will play a central role in determining the shape and trajectory of China's economic and social future. The purpose of this report is to present in a synthesised fashion the main lessons that have emerged so far from the World Bank collaboration, and on that basis to suggest concrete proposals for moving forward, in the short, medium and long term. In addition, land policy reforms have sought to put in place mechanisms, incentives and sanctions that will stimulate more rational allocation of land between competing land uses. Receiving particular attention from the central government in this respect has been the problem of accelerating conversion of agricultural land to urban uses.
Users also downloaded
Showing related downloaded files
Publication The Container Port Performance Index 2023(Washington, DC: World Bank, 2024-07-18)The Container Port Performance Index (CPPI) measures the time container ships spend in port, making it an important point of reference for stakeholders in the global economy. These stakeholders include port authorities and operators, national governments, supranational organizations, development agencies, and other public and private players in trade and logistics. The index highlights where vessel time in container ports could be improved. Streamlining these processes would benefit all parties involved, including shipping lines, national governments, and consumers. This fourth edition of the CPPI relies on data from 405 container ports with at least 24 container ship port calls in the calendar year 2023. As in earlier editions of the CPPI, the ranking employs two different methodological approaches: an administrative (technical) approach and a statistical approach (using matrix factorization). Combining these two approaches ensures that the overall ranking of container ports reflects actual port performance as closely as possible while also being statistically robust. The CPPI methodology assesses the sequential steps of a container ship port call. ‘Total port hours’ refers to the total time elapsed from the moment a ship arrives at the port until the vessel leaves the berth after completing its cargo operations. The CPPI uses time as an indicator because time is very important to shipping lines, ports, and the entire logistics chain. However, time, as captured by the CPPI, is not the only way to measure port efficiency, so it does not tell the entire story of a port’s performance. Factors that can influence the time vessels spend in ports can be location-specific and under the port’s control (endogenous) or external and beyond the control of the port (exogenous). The CPPI measures time spent in container ports, strictly based on quantitative data only, which do not reveal the underlying factors or root causes of extended port times. A detailed port-specific diagnostic would be required to assess the contribution of underlying factors to the time a vessel spends in port. A very low ranking or a significant change in ranking may warrant special attention, for which the World Bank generally recommends a detailed diagnostic.Publication Sourcebook on the Foundations of Social Protection Delivery Systems(Washington, DC: World Bank, 2020-07-30)The Sourcebook synthesizes real-world experiences and lessons learned of social protection delivery systems from around the world, with a particular focus on social and labor benefits and services. It takes a practical approach, seeking to address concrete “how-to” questions, including: How do countries deliver social protection benefits and services? How do they do so effectively and efficiently? How do they ensure dynamic inclusion, especially for the most vulnerable and needy? How do they promote better coordination and integration—not only among social protection programs but also programs in other parts of government? How can they meet the needs of their intended populations and provide a better client experience? The Sourcebook structures itself around eight key principles that can frame the delivery systems mindset: (1) delivery systems evolve over time, do so in a non-linear fashion, and are affected by the starting point(s); (2) additional efforts should be made to “do simple well”, and to do so from the start rather than trying to remedy by after-the-fact adding-on of features or aspects; (3) quality implementation matters, and weaknesses in the design or structure of any core system element will negatively impact delivery; (4) defining the “first mile” for people interface greatly affects the system and overall delivery, and is most improved when that “first mile” is understood as the weakest link in delivery systems); (5) delivery systems do not operate in a vacuum and thus should not be developed in silos; (6) delivery systems can contribute more broadly to government’s ability to intervene in other sectors, such as health insurance subsidies, scholarships, social energy tariffs, housing benefits, and legal services; (7) there is no single blueprint for delivery systems, but there are commonalities and those common elements constitute the core of the delivery systems framework; (8) inclusion and coordination are pervasive and perennial dual challenges, and they contribute to the objectives of effectiveness and efficiency.Publication Digital Progress and Trends Report 2023(Washington, DC: World Bank, 2024-03-05)Digitalization is the transformational opportunity of our time. The digital sector has become a powerhouse of innovation, economic growth, and job creation. Value added in the IT services sector grew at 8 percent annually during 2000–22, nearly twice as fast as the global economy. Employment growth in IT services reached 7 percent annually, six times higher than total employment growth. The diffusion and adoption of digital technologies are just as critical as their invention. Digital uptake has accelerated since the COVID-19 pandemic, with 1.5 billion new internet users added from 2018 to 2022. The share of firms investing in digital solutions around the world has more than doubled from 2020 to 2022. Low-income countries, vulnerable populations, and small firms, however, have been falling behind, while transformative digital innovations such as artificial intelligence (AI) have been accelerating in higher-income countries. Although more than 90 percent of the population in high-income countries was online in 2022, only one in four people in low-income countries used the internet, and the speed of their connection was typically only a small fraction of that in wealthier countries. As businesses in technologically advanced countries integrate generative AI into their products and services, less than half of the businesses in many low- and middle-income countries have an internet connection. The growing digital divide is exacerbating the poverty and productivity gaps between richer and poorer economies. The Digital Progress and Trends Report series will track global digitalization progress and highlight policy trends, debates, and implications for low- and middle-income countries. The series adds to the global efforts to study the progress and trends of digitalization in two main ways: · By compiling, curating, and analyzing data from diverse sources to present a comprehensive picture of digitalization in low- and middle-income countries, including in-depth analyses on understudied topics. · By developing insights on policy opportunities, challenges, and debates and reflecting the perspectives of various stakeholders and the World Bank’s operational experiences. This report, the first in the series, aims to inform evidence-based policy making and motivate action among internal and external audiences and stakeholders. The report will bring global attention to high-performing countries that have valuable experience to share as well as to areas where efforts will need to be redoubled.Publication Global Economic Prospects, January 2025(Washington, DC: World Bank, 2025-01-16)Global growth is expected to hold steady at 2.7 percent in 2025-26. However, the global economy appears to be settling at a low growth rate that will be insufficient to foster sustained economic development—with the possibility of further headwinds from heightened policy uncertainty and adverse trade policy shifts, geopolitical tensions, persistent inflation, and climate-related natural disasters. Against this backdrop, emerging market and developing economies are set to enter the second quarter of the twenty-first century with per capita incomes on a trajectory that implies substantially slower catch-up toward advanced-economy living standards than they previously experienced. Without course corrections, most low-income countries are unlikely to graduate to middle-income status by the middle of the century. Policy action at both global and national levels is needed to foster a more favorable external environment, enhance macroeconomic stability, reduce structural constraints, address the effects of climate change, and thus accelerate long-term growth and development.Publication Global Economic Prospects, June 2025(Washington, DC: World Bank, 2025-06-10)The global economy is facing another substantial headwind, emanating largely from an increase in trade tensions and heightened global policy uncertainty. For emerging market and developing economies (EMDEs), the ability to boost job creation and reduce extreme poverty has declined. Key downside risks include a further escalation of trade barriers and continued policy uncertainty. These challenges are exacerbated by subdued foreign direct investment into EMDEs. Global cooperation is needed to restore a more stable international trade environment and scale up support for vulnerable countries grappling with conflict, debt burdens, and climate change. Domestic policy action is also critical to contain inflation risks and strengthen fiscal resilience. To accelerate job creation and long-term growth, structural reforms must focus on raising institutional quality, attracting private investment, and strengthening human capital and labor markets. Countries in fragile and conflict situations face daunting development challenges that will require tailored domestic policy reforms and well-coordinated multilateral support.