Introduction

Housing, land, and property (HLP) rights are undoubtedly some of most important challenges facing the government of Afghanistan, but in this specific case it would be wrong to assume that the solution to these problems lies simply in implementing a policy of “restitution.” It is neither possible nor desirable to turn the clock back by restoring all land to “rightful owners.”

Over the last forty years Afghanistan's various rulers have attempted to transform the country from feudalism, to communism, to an Islamic theocracy, to a neo-liberal free market economy. Different rulers have pursued different policies toward the HLP sectors, often based on the need to reward political supporters or allies.

Arable land is scare in Afghanistan and there is a considerable, and rapidly growing, landless population. Ownership and land use rights in Afghanistan remain starkly inequitable and it should not be assumed that there is a consensus about the “right to private property” in Afghan society. Indeed, if the root cause of the conflicts that wreaked such devastation in Afghanistan could be summarized in a single word, it would probably be “land.”

Frustration at the slow pace of land reform was a significant factor that led to the ousting of King Zahir Shah by his cousin, General Mohammed Daoud, in 1973 and eventually to the seizure of power by the communists in 1978.