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OO RUEHBC RUEHDE RUEHIK RUEHKUK RUEHMOS RUEHYG
DE RUEHBUL #2296/01 1410836
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O 210836Z MAY 06
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0334
INFO RUEHZG/NATO EU COLLECTIVE
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RUEHUNV/USMISSION UNVIE VIENNA 1379
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UNCLAS SECTION 01 OF 03 KABUL 002296 
 
SIPDIS 
 
DEPARTMENT FOR SCA/FO, SCA/A, S/CR, EUR/RPM 
DEPT PASS USAID for AID/ANE, AID/DCHA/DGNSC FOR AMEND 
AND HARRIMAN 
OSD FOR BREZINSKI 
REL NATO/AUST/NZ/ISAF 
CENTCOM FOR CG CFC-A, CG CJTF-76 
TREASURY FOR PARAMESWARAN 
COMMERCE FOR AADLER 
TRANSPORTATION FOR MODESITT 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958 N/A 
TAGS: PGOV PREL ECON AF
SUBJECT: PRT/BAMYAN: LAND USE TENSIONS SIMMER IN 
BAMYAN 
 
Summary 
-------- 
 
¶1. (SBU) Uncertainty over land titles seems to be the 
common denominator in recent disputes in Bamyan.  The 
Governor has intervened personally to defuse Tajik and 
Hazara tussles over farmland.  An unresolved ownership 
dispute continues to hamper government efforts to 
regulate coal mining in the province.  Officials have 
requested the PRT's assistance to "guard" against 
Kuchi squatting during the annual migration season. 
Neither the provincial government nor the judiciary 
appears equipped to address land ownership disputes. 
Without some clearer direction from the central 
government on how to move forward, land disputes will 
remain a source of volatility and instability in 
otherwise peaceful Bamyan.  End Summary. 
 
Tajiks and Hazaras Tussle 
--------------------------- 
 
¶2.  (SBU) Bamyan Tajiks do not appear to be enjoying 
their minority status.  Residents from the Tajik 
community of Jograkhil (Bamyan center) claim that 
local officials distributed their hilltop lands to 
landless Hazaras and returnees.  (Comment: Many of the 
Tajiks' claims to land came from previous Governor 
Aliyar, who reportedly was happy to issue titles to 
property for the right fee.  End Comment.)  Local 
Tajik leaders warn that continued government support 
could have consequences similar to last year, when 
fights between Hazaras and Tajiks led to two Hazara 
deaths.  The local Tajik leaders traveled to Kabul to 
complain about their alleged poor treatment to the 
central government, including to Lower House Speaker 
Qanooni (reftel). 
 
¶3.  (SBU) Governor Sarabi ordered new Bamyan Mayor 
Zahir-e-Shahidani to establish a commission to 
investigate (and defuse) the issue.  The commission 
will be comprised of ten community members including 
Government officials, local elders, shura members and 
UNAMA (as observer).  The commission intends to survey 
and verify all new houses that have allegedly been 
built on Tajik lands in Jerstoghai, Toopchi, Petab 
Paghman, Jobrakhil, Sang Chaspan, Taibuti, and 
Zargaran villages.  (Comment:  The PRT, predominately 
through US Army Civil Affairs, but also through 
USAID's funding of the Arzu carpet weaver project, 
provides support to returnees in Toopchi village. 
That support received additional impetus from CFC-A 
Commander LTG Eikenberry's visit to the village on 
November 11, 2005.  End Comment.) 
 
16 Tons, What do you Get . . . 
------------------------------- 
 
¶4.  (SBU) Coal mine ownership is another area 
generating friction in Bamyan.  Two new coal mines 
have been discovered in Khaja Ganj village in Saighan 
District of Bamyan province.  The local population is 
already extracting coal from the mines without 
approval from either the provincial government or the 
Ministry of Mines and Industry.  Even for pre-existing 
mines, all that is necessary to extract coal is for an 
 
KABUL 00002296  002 OF 003 
 
 
individual to approach a local Mines Ministry official 
(the closest office is in Pol-e-Khumri), pay the 
appropriate bribe/"baksheesh", and take that license 
to the mine.  Licenses are supposedly good to extract 
10 tons of coal, but licensees frequently overload 
their trucks with 16-18 tons, selling the extra coal 
on the side for additional profit. 
 
¶5.  (SBU) While fully aware of the situation, 
provincial officials have made few attempts to 
regulate the coal industry, due to lingering disputes 
over the mines' ownership.  The two most productive 
coal mines, in Ish Pesta and Talibarfak, lie on either 
side of the Bamyan-Baghlan border, respectively.  Both 
mines previously were part of Baghlan province.  Coal 
trucks would route through Baghlan to reach their main 
market in Kabul, giving Baghlan warlords an 
opportunity to extract tolls or tribute. 
 
¶6.  (SBU) Since Khamard and Saighan Districts became 
part of Bamyan province, coal trucks from Ish Pesta 
now travel south (through Bamyan), depriving the 
Baghlan warlords, particularly Mullah Wali, of their 
previous revenue source. (Note: Bamyan ANP officers 
appear to be the principal beneficiaries of the new 
route as they extract "tolls" at formal and informal 
checkpoints throughout the province.  End Note.) 
Mullah Wali kidnapped two Bamyan ANP officers in 
December in retaliation for his loss of revenue, and 
has threatened to kidnap other Bamyan residents 
working "his" mine in Ish Pesta. 
 
The Kuchis are Coming!  The Kuchis are Coming! 
--------------------------------------------- -- 
 
¶7.  (SBU)  Both District Sub-Governor Engineer Abdul 
Rahim of Panjab and Mohammad Amir Mahmoodi of Waras 
have approached the local PRT patrol in the area 
requesting the PRT's help to prevent the "rogue" 
Kuchis from "running wild."  As Rahim explained, the 
local Hazara population does not have problems with 
Kuchis who own land (Note: Many purchased land in the 
southern districts a number of years ago and now lease 
the property.  End Note.).  However, the Hazaras 
appear to be unhappy with nomadic Kuchis who arrive, 
use land that does not belong to them, and then leave. 
According to Mahmoodi, Kuchis regularly travel through 
Ghazni Province and Behsoud district in Wardak, but 
have avoided Bamyan the past few years because of 
violence against Kuchis.  Mahmoodi believes the Kuchi 
nonetheless plan to travel through southern Bamyan 
this year, leaving the door open for new violence. 
 
Government Ill Equipped to Handle Land Issues 
--------------------------------------------- - 
 
¶8.  (SBU) Lack of a government capacity to address 
land disputes only exacerbates tensions arising from 
land disputes.  Aide de camp to Governor Sarabi Mr. 
Amir Fooladi told PRToff "the Governor can convene 
special commissions and shuras, but they only handle 
the immediate, surface dispute.  We need something 
more permanent to get to the root of these problems." 
Fooladi dismissed the judiciary as a possible 
solution, noting darkly that judges' motives have 
 
KABUL 00002296  003 OF 003 
 
 
little to do with conflict resolution. 
 
¶9.  (SBU) Chief Judge Baba Jan Saighani likewise 
admitted to PRToff that the judiciary lacks the 
capacity to address land disputes.  Judges in Bamyan 
have little training in property issues beyond their 
own general Sharia training (if they even have that). 
Saighani fumed that the law itself is unclear how and 
why a particular title to a given piece of property 
takes precedence over another: "if the law cannot 
decide, how can we" Saighani asked. 
 
Comment 
-------- 
 
¶10.  (SBU) Bamyan faces few security challenges 
relative to other provinces, but those which do arise 
frequently involve land (and, to a lesser extent, 
ethnicity).  Local officials are allowing land 
disputes to fester, mostly because they lack the 
tools, training, and/or the will to confront them. 
Governor Sarabi did not tackle any such dispute until 
land-related complaints reached Kabul, providing fuel 
to Sarabi detractors and weakening her own political 
base.  The Governor's position likely will remain weak 
until she receives Central Government support and 
direction on where and how to tackle land disputes. 
 
¶11. (SBU) Land titling remains a problem throughout 
Afghanistan which hinders refugee return and economic 
development.  The issue is extremely complex and 
claims are often overlapping.  Resolution of this 
issue has to be an Afghan led process, which will 
require the expenditure of considerable political 
capital.  USAID contractor Emerging Markets Group has 
been working with municipalities, through Community 
Development Councils (CDCs), to discuss and resolve 
property disputes in two districts of Kabul.  They 
will be partnering with the World Bank to hold a 
nationwide land resolution conference in Kabul in the 
near future.  The CDCs developed by EMG and Afghan 
municipalities have been useful in resolving some 
urban land conflicts.  Perhaps expanding this concept 
to the rural environment should be considered in 
Bamyan. 
NEUMANN