The World Bank Kabul Urban Policy Notes Series n.1 Informal settlement in Kabul Kabul urban land crisis: A summary of issues and recommendations 1 · Should informal settlements be Introduction legalized? · Can services be delivered under Kabul has experienced massive population circumstances of unplanned growth since the late 1990s. Between 1999 development? and 2002 the city's population grew at 15% · What processes should be in place to per year and was estimated at address violations of property rights, approximately 3 million in 2004. Growth thus preventing conflict? will remain at about 5% (about 3% natural · In what manner should land in Kabul growth plus 2% migration) for the next few be developed? years. This represents a yearly increase of about 150,000 people or about 20,000 This note attempts to answer some of these households that will require access to land questions and thus to provide the and services. The key spatial and visual government of Afghanistan with policy impact of this growth has been the advice on two important aspects of urban informal development of land and land management: (i) development of housing. Kabul using contemporary planning and regulatory tools, focusing on informal The majority of Kabul's new migrants are settlements and on land development; and informally housed. While this has (ii) key interventions in property rights prevented an even larger crisis of with a focus on regularization of tenure in homelessness, informal development has informal settlements and resolution of led to legal and regulatory violations, land disputes. including violations of property rights and rights of way, and has left insufficient Development in Kabul would benefit from space for infrastructure and social a new approach. Kabul's main problem is facilities. not housing, but access to land and provision of infrastructure. Only 0.5% of These circumstances have presented Kabul's population is considered decision makers with a number of homeless, including 10,000 people living in challenging questions: tents and 5,000 living in the ruins of destroyed buildings. Therefore, the key SASEI at The World Bank | 1 Kabul urban land crisis: A Summary of issues and recommendations issue for the government is not providing development discussion should focus on housing but promoting the legal and how to service the informal settlements regulatory framework for land and how to address land tenure within the development and its required settlements. infrastructure. Development planning should include discussion of property and Too often in Afghanistan, the issue of tenure rights and the resolution of current servicing standards has been used as an and potential disputes over land. argument against the formalization of informal settlements. Critics point to the 2 most visible of these settlements--those Development of land for future expansion located on the hilltops--and note that they and informal settlements are typically harder and more costly to service. The legal and regulatory framework and infrastructure needs must address not only However, the vast majority of informal future housing development, as is required settlements (90.2%) are on land that is in all cities internationally, but also considered flat. Consequently, only 9.8% informal settlements. Key intervention of all informal settlements are particularly areas in informal settlements include difficult to service. In these settlements, servicing and tenure regularization. services could be upgraded at a slightly lower standard than in flatter lands. This The formulation of a spatial development approach has been followed in several plan is a crucial first step. Future countries including South Africa, Brazil, development will be constrained by the India, and Morocco. In addition, the total topography of the city, which will or partial demolition of hillside necessitate the construction of a ring road settlements should be discouraged, as they and the development of an efficient public play an extremely important role in transport system. However, infill using poverty reduction by providing housing to expedited development process is, in the poorer residents of Kabul at walking short term, the most cost effective solution distance from employment centers. for future development. About 300,000 people could be accommodated by filling The majority of informal settlements up existing vacant plots at current exhibit similar characteristics to planned densities. settlements. Plots are the same size as or larger than those in planned settlements-- Finally, the role of the government as a between 200­300 m2 and 25­65% coverage facilitator of development should be of plot area. The informal settlements have emphasized. 20­28 houses per hectare, which is only slightly denser than the 22 houses per 2.1 hectare of planned settlements. Houses in Informal settlements informal settlements are also extremely substantial and are built from traditional Informal settlements now shelter about mud brick, which provides a measure of 80% of Kabul's population, cover 70% of protection against Kabul's winter. They in its land area, and represent a private no way resemble the informal shacks investment in fixed capital of US$2.5 present in many other developing billion (not including land value). Hence, countries including South Africa and informal settlements are here to stay. The India. Roads in informal settlements are SASEI at The World Bank | 2 Kabul urban land crisis: A Summary of issues and recommendations narrower (4­6 meters) than in formal calculations1 suggest that infill in the settlements. However, they are wide existing builtup areas can enough to give access to houses for accommodate an additional 300,000 residents and emergency vehicles and to persons. Because of cost reasons, act as rights of way for infrastructure. A development focus on infill before street hierarchy, which informal expanding east in the medium term settlements currently lack, should be and north in the long term is planned. suggested. · Infill is also possible because most 2.2 existing residential development in Future growth of Kabul Kabul--based on the traditional courtyard house--uses land extremely In addition to addressing existing informal efficiently. Zoning and regulations settlements, the government should should allow the extensive consider the future growth of Kabul. construction of courtyard houses. 2.2.1 2.2.2 Directions for growth The role of the government Kabul is divided by a northsouth running Given the lack of homelessness in Kabul, mountain range, which limits the the clear evidence of a substantial expansion of the city. The two parts of the homeowner building drive, existing city communicate only through the center. financial and technical resource This topography suggests particular constraints, and international best practice, interventions for development: the government is best suited to act as a · The topography creates chronic traffic facilitator of development rather than as a developer. jams. Linking the northeast and southwestern parts of the city will be It is unlikely that the government will be difficult, and removing the traffic jams able to acquire, build, price, and allocate in the city center would probably the 20,000 plots per year required to require--in addition to traffic accommodate growth in Kabul. Land management measures--the creation of development also requires having access to a ring road. a steady source of income--currently not · The topography does, however, make available in Kabul. Finally, in other countries, there has been evidence of a the central business district accessible serious conflict of interest between the for most of the city. This accessibility government's role as a regulator of markets will reinforce, over time, the and its role as a developer. When acting as monocentric character of the city and a developer, governments have tended to will make efficient public transport act in monopolistic ways. The outcome has essential for the city's functioning. been scarcer and more expensive housing, · Although the growth of Kabul is as in Delhi, for example. constrained by its topography, a new Instead of acting as a developer, the town is not necessary to accommodate the growth of the city in the near to medium term. Preliminary 1 Based on 2004 data from the Ikonos satellite. SASEI at The World Bank | 3 Kabul urban land crisis: A Summary of issues and recommendations government should focus on releasing land · a set of land development regulations for legal development and building an reflecting (i) market demand, (ii) adequate primary infrastructure network housing design traditions, and (iii) the that would accommodate the growth of affordability of housing for various Kabul in the future. socioeconomic groups; · a procedure for quickly providing 2.2.3 building permits and land subdivision New land development process permits; · a program to progressively upgrade New land development should follow an neighborhood infrastructure and a expedited process. Instead of concentrating definition of government, community, its entire effort on the detailed design and and private contractor roles in development of small areas of land that implementing this program; can cater to a fraction of demand, the · a construction program for a primary government should provide only a basic infrastructure network supporting the design in vacant areas in proximity to the projected expansion of the city and the built up areas. In these areas, the opening of adjacent areas for government should design and mark a development; basic grid of primary and secondary roads · a demographic and spatial framework to serve as rights of way. Subsequently, the for provision of social facilities; land should be opened up for settlement. · a resource mobilization program based At this stage, the government should on user fees, impact fees, and, prevent encroachments on the new roads. eventually, property taxes. Eventually, after a sufficient number of plots have been delineated and developed, 3 the relevant authority could plan to level Property rights and tenure and surface the roads and service the area, with some contribution from the residents. Legalizing the informal settlements and The process should occur as a simple land beginning a successful land development readjustment scheme. process require protection of property rights and land tenure. Updating Kabul's 2.2.4 land tenure system with a focus on Formulation of a development plan informal settlements is suggested. However, during the course of tenure To allow for immediate action, the spatial regularization, disputes are bound to framework for the future development of occur. Consequently, land disputes in Kabul should be initially formulated Kabul were also examined to formulate through a development plan, rather than a recommendations on the resolution of more timeconsuming master plan. The disputes. Surprisingly, formal disputes are development plan should include: not as numerous as expected, but the potential for conflict is increasing. The · objectives for urban development; potential for conflict arises out of two · brief spatial articulation of such interrelated factors: (1) the insecurity of objectives in a zoning map showing tenure for informal settlers, and (2) old, the land where the city expansion will overwhelmed, and sometimes corrupt take place and what uses and standards systems of land governance. are expected in each area; SASEI at The World Bank | 4 Kabul urban land crisis: A Summary of issues and recommendations 3.1 boundaries through traditional surveying Land tenure methods and plotting. For other more basic incremental tenure instruments, plot Several dimensions of a tenure referencing by way of a unique identifier regularization program are outlined, supported by attribute description of including identification of types of tenure neighboring parcels may suffice. and property freedoms, criteria for eligibility, database management of land Once property rights or freedoms are tenure (by spatial mapping, for example), assigned to particular parcels of land and methods to administer land tenure. through tenure regularization, registration Land tenure bestows various property and administration of these rights is freedoms and rights. For residential plots, necessary. Here, the level of sophistication these usually include the freedoms to depends on the instrument of tenure used, occupy, use, improve, leverage, alienate, the level of detail of the parcel description, and bequeath the land. A regularization and the capacity that can be sustainably program can target any subset of these assigned to this exercise. Institutionally, freedoms for enhancement. models vary from onestop shops to multiagency variations where surveying A tenure regularization program needs to and registration functions are separate have clear and acceptable criteria for organizational responsibilities. determining eligibility. Criteria can include (1) a cutoff date, (2) geography, (3) Implementation of a tenure regularization topography, (4) proximity to infrastructure, program is a complex and multifaceted (5) ownership, (6) environmental operation. Given its legal ramifications, sustainability, (7) public purpose, and (8) consistency of approach is also paramount. poverty. Beyond registration and updating of rights, regularization includes mapping, The formalization of property claims community mobilization and engagement, usually requires some spatial referencing surveying, and dispute resolution. of the parcels of land to which the claims Moreover, tenure regularization is often or freedoms apply. To this end, some level one component of a broader program of mapping and bounding description involving complementary upgrades in (surveying) system is required. The choice infrastructure. These other upgrades of methodology should reflect existing require expertise in physical planning, instruments and conditions, including (1) engineering, and community participation, sensitivity analyses of different levels of among other disciplines. accuracy, (2) the existence and likelihood of the parcels being linked into a national 3.2 cadastre and the accuracies required to Land disputes and resolution mechanisms facilitate that, (3) the end purpose of the mapping, (4) the density of built The design of a good dispute resolution topographic detail, and (5) the resources system requires a through understanding that can be devoted to the exercise. The of the sources of conflict. choice of tenure instrument also influences the level of boundary description that is 3.2.1 required. Conventional instruments such Sources of conflict in Kabul as freehold and leasehold typically require ground measurement and depiction of The conventional wisdom once was that SASEI at The World Bank | 5 Kabul urban land crisis: A Summary of issues and recommendations Kabul was fraught with conflicts about governance or corruption on the part of existing property rights and tenure. civil servants. These problems often reflect However, although formal disputes in the legacy of policies of the conflict period Kabul are numerous, they are not as and range from expropriation of urban numerous as expected, numbering no more estates during the communist than several thousand per year out of a administration to unconsidered speedy population of 3 million. Most conflicts cancellation of both building plot pertain to highvalue properties, and it is allocation and provisional apartment value rather than volume that gives the ownership by the Taliban. The latter conflicts issue a high profile. The sources practice continued well after December of these conflicts are mainly amongst 2001 but was then stopped by the current family members and are often resolved Mayor. Nevertheless, there are continuing accordingly. Formal property disputes are, allegations that members of distribution therefore, not a major cause of conflict. The committees, past and present, favor potential for conflict remains, but it arises reallocation of plots and apartments to from the chronic insecurity of the massive relatives, friends, and themselves. and still expanding informal settlement sector where de facto property owners 3.2.2 number almost one million. It also arises Resolving conflicts from poor governance or alleged corruption of government officials. Several interventions are required to address the issues raised above. These Insecurity of tenure in Kabul primarily include the design of a land tenure system takes the form of fear of eviction. The (already discussed) and the design of a sources of insecurity of tenure vary, and good formal and informal dispute this should be considered in the debate on resolution system. land tenure. The majority of informal settlers reside on state land, particularly Both a formal and informal dispute municipal land. This source of insecurity resolution system is needed. Formal of tenure is easier solved than when the documentation is uncommon and therefore settlements are on private land and is not a cause of disputes, and formal insecurity may result from fear of eviction titling will not solve all property disputes. due to wrongful occupancy, inability to In fact, in most neighborhoods, most pay rising rents to landlords, the need to documentation is informal, either in the eventually leave the homes of relatives and form of informal deeds (approximately friends due to overcrowding, and 30% in sampled gozars) or customary involuntary expropriation of private deeds (19­80%) in most gozars. properties due to upgrading plans for roads or services. These issues are harder Consequently, customary norms also to solve than settlers occupying state land, provide an accepted platform on which to particularly municipalowned land, as the build accountable and trusted evidencing municipality does have the legal right to of ownership. This means that in building convey tenure. However, it is at this point the platform for resolving conflicts and that issues of corruption and bribery providing systems of tenure, a strict emerge. conceptual or strategic distinction between formal and informal property dispute A high proportion of formal property resolution is to be avoided. In practice, disputes are caused or facilitated by poor both formal and informal processes have a SASEI at The World Bank | 6 Kabul urban land crisis: A Summary of issues and recommendations role to play, as determined by a number of identify as honest and fair. Regardless of complex factors such as the nature of the the number of cases it actually handles, a case, its location, and resolvability. Some Court identified as competent will raise disputes are simply unsuitable for public confidence in the state and rule of communitybased interventions while law. Note however, that the Court is many others are unnecessarily brought to currently accessible primarily to wealthier officialdom or the courts. In any event, residents. official bodies often will direct that the matter is to be resolved locally (as in the Another useful target for public case of boundary disputes and rightof governance reform will be municipal and way access) or by local actors (as in ministerial commissions with the power to inheritance matters). Overall, the allocate building plots, housing, and interrelationship of formal and informal apartments, such as the Ministry of Urban (or official and communitybased) Development and Housing and the Kabul mechanisms is close and usefully Municipality. The important political upgraded together. Public confidence in transformations that have followed the achievable justice in the courts is an democratic election of the President offer important backdrop to successful an opportunity for reexamining procedures communitylevel dispute resolution. and players, with transparency firmly in mind. New and more publicly available The realities of the interrelationship are systems of recordkeeping will be key already entrenched in policy and guiding elements of reform. legislation. Sharia, the Civil Code, and the Civil Procedures Code as well as relevant At an informal level, local institutions and state laws share an emphasis upon actors in property dispute resolution are procedures which in practice blur the worthy of support. The evidence from a distinctions of formal and informal short examination of disputes suggests that processes. In Sharia, mediation towards localized, communitybased mechanisms reconciliation is invariably the preferred are both widely operating and firstline mechanism; and in the Civil indispensable instruments. They serve not Code, local bodies such as shuras and local only for keeping cases out of the clogged leaders are advisedly involved. courts, but also for resolving disputes in cheap, available, more peaceful, and At the level of formal resolutions, lasting ways. improving court procedures, performance, and public accountability in the handling Building upon what exists seems logical of disputes will be an essential step, not and essential. This needs to be just for dealing swiftly and fairly with accomplished in ways that avoid existing disputes, but for limiting the jeopardizing the advantages of local, rising number of new disputes. The logical grassroots, and essentially informal target for both procedural and governance organizations. support is the Special Land Disputes Court, which is a manageable and usefully 4 discrete unit with which to begin reform. Summary and conclusions The Court should have professionally planned and executed support and The government of Afghanistan faces vast monitoring, which will significantly raise problems and challenges in advancing the its success rate in ways that the public management of urban land in Kabul, and SASEI at The World Bank | 7 Kabul urban land crisis: A Summary of issues and recommendations by extension, in other urban areas of the term, the reforms will serve to make country. Among the challenges are the lack Afghanistan's urban areas better engines of capacity in the concerned institutions, of economic growth and healthier places vested interests that will pursue the for the growing proportion of the maintenance of the status quo, and the country's population choosing to dwell in myriad of government actors who are cities and towns. currently involved in the management of land. This policy note is based on the document prepared by the South Asia Energy and The primary challenge is modernizing Infrastructure Unit at the World Bank, attitudes and behaviors to the way urban Kabul: Urban Land in Crisis, A Policy Note, land is managed. A move away from September 2005, based on research centralized urban planning to more conducted from September 2004 to January dynamic approaches involves careful 2005. monitoring of the land and housing market to determine the direction in which urban development should evolve. Also, the economic and social value of existing informal residential settlements should be upheld. Building on these assets to create improved standards of living through the provision of basic infrastructure services is key to development. Such policy actions should be accompanied by the creation of a more conducive institutional environment to encourage the private sector to both service land and construct economic housing in the city. The institutional environment should include a regulatory system operated at the municipal level that ensures adequate construction quality, and the creation of appropriate systems for secure tenure in informal residential areas. The overall system of land management must reaffirm informal methods of property rights and dispute resolution. Also, formal court systems should become stronger and more efficient. Standards of transparency and accountability need to be raised for both formal and informal management systems. The achievement of the reform agenda is a large and complex undertaking that will require resolve by all parties. In the long SASEI at The World Bank | 8