Afghanistan Housing

8/11/2019 Afghanistan Housing

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Afghanistan Housing, Land and Property (HLP) Task Force (TF)

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AFGHANISTAN HOUSING, LAND AND PROPERTY TASK FORCE (HLP TF)

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NATIONAL COORDINATION MEETING MINUTES24 September 2013

Participants:MUDA, AIHRC, UN Habitat, NRC, UNHCR, IDLG, OHW, LARA, DRC, TLO, OCHA, MOJ-

HRSU, MACCA, UNDP-JHRA and IR.

Venue:UNHCR RA Kabul.

1.

Change of HLP TF National Coordination StructureIn September 2013, the HLP TF has undergone a slight change in organisation with UN Habitattaking on the responsibility of Chairing the National TF while the Co chairs will be UNHCR and

NRC (INGO Co chair)

The Task Force has identified a new AIHRC focal point (Mr. Qais Bawari from the Monitoringand Investigation Unit) after the departure of Mr. Moin to US to pursue his studies and it's beenagreed with AIHRC to engage with them in a more systematic manner.

2. Policy on Upgrading of Informal Settlements MUDA

Deputy Minister, MUDA H.E.Hamid Jalil informed the participants that his ministry, incoordination with other actors, have been working on a policy for upgrading of informalsettlements in the urban areas of Afghanistan.

According to Mr Jalil, the master plan of Kabul city has not been implemented, and recent trends

of rapid urbanization have huge impact on cities especially the capital city of Kabul. Until2005/6, the government had the perception that formalization of the settlements would not be anadequate response, i.e. that the settlements had to be demolished. Despite the initial resistance,

the government has recognized the necessity of a comprehensive/ unified approach, having in

mind that:- 70% of urban population lives in informal settlements,-

Infrastructure is poor and physical access is difficult (especially in emergency cases),

-

Shelter and housing quality is poor, with low or no access to electricity and water,- Land tenure security does not exist (due to use of customary documents that are not officialy

recognized),

- Hygiene and sanitation situation are poor or nonexistent coupled with lack of access to otherbasic services.

Since 2005, there were a few projects aimed at upgrading of informal settlements, limited only to

infrastructure (paving roads etc.), that have successfully addressed the issue of physical access.However, the idea of a more comprehensive approach remained, with the objective of creating


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better living environment in the settlements. Different policies have been proposed based on

different types of informal settlements.

- Property rights (tenure) will be secured and registered, with official documents issued,The expected outcomesof implementing the policy are:

- Social/public services (water, roads, sanitation, electricity etc) will be expanded to the

inhabitants,- Infrastructure will be improved, ensuring better access,-

Municipal revenues will significantly rise (70% more of the city inhabitants would paytaxes),

- Land prices will increase due to recognition of the property rights,

- Business opportunities and economic activities will enhance due to better access,regularization etc.

-

Forced evictions will be prevented.

1. The major category are well-planned, good settlements where there is a possibility of

registration, regularization and tenure recognition by the municipalities, together with

expansion of municipal services as well as collection of revenues. Due to their goodconnection with the city, these can be easily incorporated into the Master Plan;

Informal settlementsin Kabul are divided in three categories:

2. The second category is slums, where mainly IDPs live. The slums are built on the land that is

covered by the Master Plan. In those areas, the only possible solution is relocation, althoughthere is no plan where to relocate them. One of the options can be social housing, but it is a

new topic for the Ministry, that has not been further discussed. The government is concernedthat relocation and settlement of people from the slums to social housing may encourage

others to come to the city, which would be an undesirable practice.3. The third category is of illegal settlements like those under a land dispute, on the top of the

hill and otherwise unsuitable for living. The government attempts to address/resolve suchissue primarily through, among the rest, prosecution. Recently, a law against land grabbinghas been passed by the lower Parliament (Wolesi Jirga)

Intervention in each settlement could be different than the other due to its specific nature/

characteristics.

but it is not known what the

response of the people living in such places would be to the proposed charges/penalties andother measures. Upgrading and regularization of those settlements would be problematic, but

the government might not be eager to demolish them.

- Presenting the Policy to the Cabinet, with the expectation that it would be endorsed by the

Cabinet by January or February 2014;

The next steps are:

- Developing operational guidelines for implementation of the Policy.

-

UNHCR pointed out that learning from the Turkish experience with regularization ofsettlements of a large number of population living in urban areas where the focus was on

providing low cost housing. UNHCR expressed interest in further developments and

implementation, with special regard to forced evictions. Furthermore, UNHCR insisted onmaximal inclusion of most vulnerable population into any social housing policy/scheme

(IDPs, refugee returnees, female headed households (FHH) etc);

HLP TF members raised a few issues with regard to the draft Policy:

- LARA pointed out its HLP experience and briefed about the possible model for mapping ofinformal settlements. Attention was drawn to the effective (2800) land parcels registrationconducted by an Afghan company in Jalalabad. It was suggested to invite the company to


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present the model for a possible future use. Furthermore, they highlighted that there should be

tangible solutions with regard to the Policy before the upcoming (April 2014) elections thatwould preoccupy all relevant stakeholders;

- UN-Habitat expressed satisfaction with the set deadlines for adopting the Policy. Judgingfrom the discussion it may be that it's not feasible that KIS could be upgraded and would

have to be relocated instead. However solutions would still be needed for the 20% of

informal settlements. For operationalising the Informal Settlement Upgrading Policy a closelink is needed with a land policy.

- MoJ expressed satisfaction with the human rights-based approach assumed in the Policy,especially in the light of the many concerns previously voiced by the Committee on

Economic, Social and Cultural Rights (CESCR), and pledged to support MUDA in its further

efforts.

- It stated that in the process of regularization and upgrading due caution will be applied as the

process might further encourage illegal land occupation (in the context of the majority ofsettlements already located on governmental land) and require a lot of resources. In order tofacilitate the implementation and retain flexibility of response, the Policy will be regularly

updated.

MUDA addressed expected obstacles and possible solutions:

- The Social Housing Policy and implementation would have to be further explored, having in

mind similar international experiences (e.g. India, where social housing is promoted bygovernmental subsidies in addition to private sectors participation through small payments).

This is especially interesting a solution for slums and townships far away from city centres,with lack of employment and livelihood opportunities. Further discussion will be held on this

topic with UN-Habitat and other stakeholders;

- Redevelopment is seen as a possible success story, but only if based on agreements withprivate developers. MUDA does not still have sufficient experience in this regard as only onesuch project has been piloted in Kabul. There will be no possibility to proceed on this with

public/state finances. Such projects require large financial capacity and confidence buildingof the eventual beneficiaries. Mortgage system and finance mechanisms will not be available

until banks would be able and willing to take reasonable risks to finance housing;

- Discussion on beneficiary selection for social housing is seen as premature for the time being,

though FHH and most vulnerable categories would be prioritized;

Due to expected obstacles, flexible approaches will be assumed. As soon as the Policy is adopted,implementing laws and guidelines will be developed. An implementation group will be formed(consisting of relevant ministries, municipalities, partners) to monitor and steer the process.

MUDA announced that it could NOT yet share the draft Policy but as soon as it is finalised

it will share with the HLP TF.

2. Updates from the Field (Regional HLP TFs)Focus on the North (due to time constraints the updates from West & East HLP TF could not be

presented)

Regional updates include a number of medium-to-long standing problems related to LandAllocation Scheme (LAS), lack of implementation of decisions (especially in statutory justicedomain), illegal expropriations, land occupations and forced evictions. Some of the most pressing

Presented by NRC & UNHCR Mazar


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issues will be tackled during the upcoming thematic HLP TFs in order to ensure thorough

discussion on possible solutions.

For the time being, two issues from the North region have been prioritized:1. IDP Township in Jawzjan

- Opened in April 2013 with capacity of 2400 plots, located 2-hour drive away from Mazar;

:

-

It is the first official township for IDPs in Afghanistan (eligible IDPs from Qush Tappa andDarz Aab districts);

- The area is all desert: no infrastructure, potable water, sanitation, schools, health clinics etc; -

The land plots are sold at the price of 9000 AFA (150 USD approx) each. For many of the

intended and most vulnerable beneficiaries, this price is too high. Moreover, the price is to be

paid in one lump-sum (no instalments allowed). The beneficiaries convened a Shura thatsupported the claim for lower price and/or payments in 3 installments. DoRR has considered

the request and sent an official inquiry to the MoRR, referring the argument for free plotsallocation based on the Decree 5742 (free townships land transfer from the Ministry of

Agriculture to the MoRR). MoRR refused the request, based on, Decree 104 (article 11stipulating fee payment as a requirement). So far, around 1000 plots have been demarcated,

while around 100 have been allocated to the beneficiaries. However, nobody lives there due

to lack of basic infrastructure and services;- There is no humanitarian assistance available, having in mind that the township was formed

only well into 2013, falling outside of the budgeting for the year. Only one INGO seem to be

building (200) shelters for the possible inhabitants

Action Point

: Advocacy with MoRR for enabling payments in instalments for thesebeneficiaries. Also need for comprehensive assistance including shelter and other assistance

(to follow up with other agencies including government).

2.- Capacity of 1400 land plots for returnees, located 12 km away from Mazar;

Qalin Bafan township (Carpet Weavers Township):

- Only professional carpet weavers are eligible to gain land in the townrhips;

-

So far, around 1200 plots have been distributed, but only 200 families live there. Apart fromshelters, UNHCR has provided materials for carpet weaving;

- 73 families reportedly still do not have access to land/shelter, despite the 7-month lobbyingand almost all steps done. Namely, DoLSA and Chamber of Commerce have not givencertification of the carpet weaver profession to the beneficiaries;

- The authorities have announced scheduling a test in carpet weaving in the future. Thebeneficiaries who pass the test and, allegedly, pay 3000 AFA will be given the required skill

verification document/certification;

- There is no proper follow up on this issue by the authorities. The date of the test is not known(nor the approximate period of time when the test scheduling is due) and the beneficiaries

situation continues.

3.

Update from MACCA - Presentation on Gender Advisor's Visit and recommendation:Gender Advisor's report and presentation are attached along with the minutes

. UN MACCA gave

a presentation on the MAPA Gender Baseline Assessment which was undertaken by the Gender

and Mine Action Program (GMAP) in response to a request from MACCA. The Gender Advisor

made more than 80 recommendations which MACCA is following through.

Couple & female Mine Risk Education (MRE) teams have already been part of mine actionNGOs structure and they conduct activities in secure areas mainly Kabul, Parwan, Kapisa,


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Bamyan, Hirat, Balkh, Badakhshan and some other provinces, there are some female staff in

MACCA and its partner organization, while MACCA will use its effort to take further steps forimplementation of the recommendations made during gender baseline assessment in recruitment

process and enhancing good working environment for female staff into mine action NGOs.

Regarding the question posed by MUDA on Ottawa Treaty signed by Afghanistan and its

implications for their work MACCA colleague replied that the ultimate aim is to clear the countryof mines till 2023. The original target year under Ottawa treaty was 2013, but an extensionrequest was filed based on continuous (daily/monthly) reporting on new mine sites throughout thecountry and insufficient funds.

4. Street Vendors Project UNDP (minutes of the National Consultation attached)A study of UNDP shows that number of street vendors in Kabul is increasing. This is caused byrapid urbanization trend: refugee returnees and IDPs included. UNDP believes that, within the

current labour law of Afghanistan, there is no place for street vendors and they are not considered

at all.

At present, street vendors are perceived to be cause traffic jam and disorder in the city and are

harassed and mistreated by Police, municipality officials and governmental officials in general(thus, often exposed to informal taxation/bribe), as their work is totally not recognized by the

state. A number of the street vendors are disabled or youth who are supporting large families on

their meagre incomes with no other work opportunities.

After conducting an appropriate study of the situation, UNDP has a plan to establish a technical

committee that will look into:

1. Legislative review (with focus on labour law and the suggested explicit addressing of streetvendors issue through the law),

2.

Municipal registration and regularization. There have been 2 models proposed:

- Fiji model of setting up a specific area for street vendors (Kabul has done similarly but theallocated sites were very far) and

-

Zoning while enhancing the natural market places.

An obstacle in regularizing the issue starts from the lack of comprehensive and reliable statistics.Only Herat Faculty of Law has provided some statistics as to the city street vendors (no specific

breakdown of data, except that the age seems to be 18-30, and daily income range 500-1200

AFA). Data collection should be improved, including the one related to displacement status.Furthermore, the authorities are likely to ill perceive the street vendors role they are mostlyunderstood as a nuisance (often as a mafia) rather than an important part of economy.

For the above reasons, UNDP seeks to facilitate the discussion in order for government to

effectively address the problem. Apart from setting up a committee to review the legislation,UNDP aims to conduct:

-

Community consultation on street vendors,- Capacity building for street vendors.

Apart from providing them with specific places, possible broader-impact solutions would beproviding them with street-vendor licences/cards (a piece of identity/belonging), complaintmechanisms and representation through an association/union. A recognized obstacle in this regard

is the transit nature of street vendors (frequently moving).

One of the follow up re Protection would be to look at the legal documentation for these Streetvendors - possibility of licensing/ID card etc which could ensure that they are not harassed by

police or municipal officials.


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IDLG has sought to engage with UNDP on this issue (for Herat).

5. CHAP 2014 -

Due to time constraints CHAP 2014 could not be clarified further in the forum.

However the HLP TF Coordinator pointed out that HLP TF will feed into the ProtectionCluster planning and prioritisation. The HLP TF 3Ws has been already submitted to the APC

Coordinator. Another issue to be further discussed is how to prioritize and ensure strong

synergies between I/Local NGOs when seeking access to CHF resources.

6. AOBMoJ informed that the government received a large number of recommendations from each of the

international human rights bodies monitoring implementation of human rights instruments to

which Afghanistan is a party. A lot of recommendations deal with property rights (especially inthe course of the current UPR process that reviews the human rights situation of, among the rest,

Afghanistan). An action plan has been developed (in Dari) and distributed within the governmentto address the raised issues, i.e. implement the recommendations. MoJ will share the action plan

in English as soon as possible.

The date of the next meeting will be timely announced. The venue of the HLP TF is likely to

change periodically (this is also to engage more I/LNGOs and therefore could be hosted inACBAR premises as well) However this will be informed to the participants well in advance.

Documents

Afghanistan Housing