Thursday, 27 October 2016

Resolving disputes related to water rights is the key to economic growth in the Islamic Republic of Afghanistan

The United Nations Assistance Mission in Afghanistan (UNAMA) in a new report says that "more effective and transparent means resolving disputes over water rights key to economic growth and avoiding conflict"  in Afghanistan. The report said that the demand for water to support agricultural development in Afghanistan, which has been badly affected by conflict, deteriorating infrastructure and drought, often results in high-stakes water-right disputes. 'Water Rights: An Assessment of Afghanistan's Legal Framework Governing Water for Agriculture' outlines the importance of water to the country's economy. "Many rural communities depend on reliable access to water sources to grow the crops and nourish the livestock on which their lives and livelihoods depend. Almost 80 percent of Afghans derive their livelihood from the agricultural sector," according to the report. Tadamichi Yamamoto, the Secretary-General's Special Representative for Afghanistan and head of UNAMA also said in the report that "as this report clearly outlines, the stakes involved in water disputes are high. Resolving these disputes peacefully is of critical importance." "In Afghanistan, formal and informal means are used to resolve water-related disputes. These means include the 2009 Water Law, along with traditional customs and practices associated with the longstanding authority and community respect for water masters, or mirabs," the report said. The report documents the results of a field study designed to assess the effectiveness of dispute-resolution mechanisms. The report also provides practical recommendations to facilitate the resolution of disputes without escalation to violence. "One key finding of the report is that, notwithstanding the Water Law's comprehensive regulatory scheme, water users continue to rely predominately on local water masters to resolve disputes. This is largely due to gaps in the Water Law's scope and associated administrative structure," it said. In the meantime, Michael Hartmann, Director of UNAMA's Rule of Law Unit, stated that this finding "confirms that the challenge is not with the law as written but, rather, with the law as implemented," and that "UNAMA will continue to assist in achieving broader implementation of the Water Law."

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