Volume 15, No 15,January 2002

By Richard Mize
Some body asked me what I knew about real estate in Afghanistan. My answer? Nothing. except
that most of it has been mined and a bunch of it have been blown up.
It got me to thinking, though
.

The civilized world started talking about how to rebuild Afghanistan and reconstruct its economy before th~... bombs had hardly begun dropping over there. Surely, I thought, there is plenty on the Internet about property ownership and laws pertaining to it, at least before the Soviet invasion in 1979. Nope. Not even online encyclopedias address the topic. Hmm, I thought, surely somebody whose business is economic development in that part of the world would have such information at their fingertips.
So, I wrote to the Asian Development Bank, an international financial institution "dedicated to reducing poverty in Asia and the Pacific. The Asian Development Bank loaned $5.8 billion to developing nations last year. mainly to bolster agriculture and rural development. My e-mailed request sought "information on the following, pre1979(?): Laws or customs pertaining to individual property rights, title, etc. Laws or customs pertaining to collective property, title, etc. Who buys, who sells, who records, etc., etc., land and housing and commercial buildings.
Note: You can't tell it from the images on television, but there is. or was, some industry in Afghanistan. datin to the 1960s, cement, textiles, soap, furniture, shoes, fertilizer. Presumably then, there is. or was. some for of "commercial property. And ,even mud huts are "residential property.
An assistant in the Asian Development Bank's office of external relations wrote back "This is a rather unusual request. I have referred your query to a legal colleague
The fact that it was seen as an "unusual request says a lot. Has it been so long since there was anythin approaching modernity in Afghanistan that such basic information is deernec unimportant. Who owns what over there?
Is it feudal? Is the land held in common? What about improvements? Are there tribal holdings? Is land held b separate bands within a tribe? Afghanistan tried to Westernize in fits and starts over the past century Was Ian. held in common ever allotted to individuals? Is there any concept of individual title?
Why does it matter?
Anyone interested in building Afghanistan's economy for the long term. not just immediate needs with immediate assistance. should know something about property rights, especially it the United Stains is involv
13 the cconstructiofl. which it most assuredly will be.
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