Afghanistan Research and Evaluation Unit Case Study Series Water rights and conflict resolution processes in Afghanistan: The case of the Sar-i-Pul sub-basin Vincent Thomas with Mujib Ahmad Azizi and Ihsanullah Ghafoori August 2011 European Commission Editing: Oliver Lough Layout: Michael Lou Montejo and Abdul Qayum AREU Publication Code: 1310 © 2012 Afghanistan Research and Evaluation Unit. Some rights reserved. This publication may be reproduced, stored in a retrieval system or transmitted only for non-commercial purposes and with written credit to AREU and the author. Where this publication is reproduced, stored or transmitted electronically, a link to AREU’s website (www.areu.org.af) should be provided. Any use of this publication falling outside of these permissions requires prior written permission of the publisher, the Afghanistan Research and Evaluation Unit. Permission can be sought by emailing [email protected] or by calling +93 (0) 799 608 548. Afghanistan Research and Evaluation Unit Case Study Series Water rights and conflict resolution processes in Afghanistan: The case of the Sar-i-Pul sub-basin Vincent Thomas with Mujib Ahmad Azizi and Ihsanullah Ghafoori This document has been produced with the financial assistance of the European Union. The contents of this document are the sole responsibility of AREU and can under no December 2013 circumstances be regarded as reflecting the position of the European Union. 2013 Afghanistan Research and Evaluation Unit About the Authors Vincent Thomas is a research officer on water management at AREU, since 2011. In 2012, he published ‘Mind The Gap? Local practices and institutional reforms for water allocation in Afghanistan’s Panj-Amu River Basin. Previously he has worked for the Aga Khan Foundation as a research officer and project coordinator on the Participatory Management of Irrigation Systems (PMIS) project in Takhar and Baghlan between 2005 and 2010. He also contributed to the 2011 Afghanistan Human Development Report. A graduate of Wageningen University (M.Sc. in Irrigation and Water Management) (2004), he is interested in community-based water management and the challenges of linking policymaking with community interests. Mujeeb Ahmad Azizi is a senior research assistant at AREU since October 2011. Previously, he has worked for the Aga Khan Foundation in Baghlan as a social organiser for the Participatory Management of Irrigation Systems (PMIS) project from 2006 to 2009. He has also worked as a deputy programme director for Mercy Corps in Kapisa between 2009 and 2011. He holds a degree in English Literature from Baghlan University. Ihsanullah Ghafoori is a Senior Research Assistant at AREU. For more than four years he has contributed to various research studies covering themes such as local governance, urban governance, livelihood trajectories, Social Protection and water management. He has worked with YHDO (Youth Health and Development Organization) as Program Manager. He also worked with Action Aid Afghanistan as a Project officer and then Project Coordinator from 2005 to 2009. He holds a degree in Sharia Law from Islamic University in Peshawar and a diploma in Business Administration. About the Afghanistan Research and Evaluation Unit The Afghanistan Research and Evaluation Unit (AREU) is an independent research institute based in Kabul. AREU’s mission is to inform and influence policy and practice through conducting high-quality, policy-relevant research and actively disseminating the results, and to promote a culture of research and learning. To achieve its mission AREU engages with policymakers, civil society, researchers and students to promote their use of AREU’s research and its library, to strengthen their research capacity, and to create opportunities for analysis, reflection and debate. AREU was establsihed in 2002 by the assistance community working in Afghanistan and has a board of directors with representation from donors, the United Nationa and other multilateral agencies, and non-governmental organisations. AREU currently receives core funds from the Embassy of Finland, the Swedish International Development Cooperation Agency (SIDA), and the Swiss Agency for Development and Cooperation (SDC). Specific projects in 2013 are currently being funded by the European Commission (EC), the Swiss Agency for Development and Cooperation (SDC), the Overseas Development Institute (ODI), the United Nations Development Programme (UNDP), the United Nations High Commissioner for Refugees (UNHCR), the UN Women, as well as the Embassy of Finland. ii Thomas, Azizi and Ghafoori Afghanistan Research and Evaluation Unit 2013 Acknowledgements The authors would like to thank all the respondentsin Sar-i-Pul and Jawzjan who patiently shared their knowledge and information to contribute to the body of knowledge shaping this research paper. The authors are also very grateful to mirabs, community representatives and government officials – both in Kabul and in the Provinces - who have done all the necessary arrangements to ensure that our fieldwork would be conducted in the best conditions. In this regard, special thanks go to Mohamad Nasser Fayez (MAIL), Eng. Sultan Mahmood Mahmoodi (MEW), Eng. Naeem (Director of Water Management Department in Jawzjan), Ghulam Ghassoul Abidi (Director of Water Management Department in Sar-i-Pul), Abdul Qaher (Water Management Department of Sar-i-Pul), Eng. Mohammad Ali (Jawzjan) and Eng. Burhandin (Water Management Department of Sar-i-Pul). The authors would also like to acknowledge the technical inputs from Joel Fiddes (GIS specialist) and his remote-sensing/NDVI analysis. Special thanks go to Khwaga Kakar for her patient reviews of the early drafts. Vincent Thomas Mujib Ahmad Azizi Ihsanullah Ghafoori December 2013 Water Rights and Conflict Resolution Processes in Afghanistan iii 2013 Afghanistan Research and Evaluation Unit Table of Contents 1. Introduction...................................................................................................4 1.1 Research objectives...................................................................................5 1.2 Research questions....................................................................................5 2. Conceptual Framework......................................................................................7 2.1 Conflicts, conflict resolution and cooperation in water governance..........................7 2.2 Approaching conflicts and institutions.............................................................9 2.3 Studying conflicts in canal systems: Design, levels and social requirements for use........12 3. Methodology.................................................................................................16 3.1 Part 1: Understanding water institutions as rules of the game...............................16 3.2 Part 2: Understanding institutions in context...................................................17 3.3 Limitations............................................................................................19 4. Profile of the Sar-i-Pul Sub-basin........................................................................20 4.1 Sub-basin location and key features...............................................................20 4.2 Historical developments in northwestern Afghanistan: Key points in the context of water sharing and conflicts......................................22 4.3 Present socio-economic profile of the Sar-i-Pul sub-basin....................................25 4.4 Hydrology and water balance......................................................................28 4.5 Irrigated Agriculture.................................................................................32 4.6 Political economy and social background........................................................33 4.7 Summary of key points..............................................................................35 5. Institutions for water sharing: The rules of the game................................................36 5.1 Understanding irrigation canal layout and its links with social spaces......................36 5.2 Water rights and water distribution at different levels........................................42 5.3 Roles and responsibilities of different actors and organisations regarding water sharing at different levels......................................51 5.4 Occurence and types of conflict at different levels........................................... 57 5.5 Summary of key points..............................................................................60 6. Understanding Institutions in Practice: Narratives of Conflict Resolution Procedures...........62 6.1 Conflicts over water rights between Sar-i-Pul and Jawzjan Provinces......................62 6.2 Conflicts over infrastructure design and water rights between Khwaja Du Koh and Darya-i-Safed.................................................................71 6.3 Conflicts over infrastructure design and water rights between Jui Qawchin and Nahr-i-Salmazan......................................................75 6.4 Conflicts over water theft between Nahr-i-Gardana and Jui Jegdalek..........................82 6.5 Conflict between farmers within a jui in the Khwaja Du Koh irrigated area...............86 6.6 Conflicts over infrastructure design and water rights between Jui Altkhoja and Nahr-i-Emshek........................................................89 6.7 Conflicts over water distribution between canals along the Sar-i-Pul