ABSTRACT
This chapter delves into a detailed discussion of HLP rights in Afghanistan encompassing the legislative framework, HLP in practice, including resolution procedures, and the impact of conflict on HLP rights on affected communities interviewed for this study. The chapter also highlights the disproportionate impact of HLP rights on women and minorities, which are exacerbated during violent conflicts. To do so, the chapter draws on key research-based papers on HLP rights in Afghanistan published by the UN, think tanks, international organizations and the Afghan government during the last two decades. The chapter heavily depends on field data to portray the perspectives of affected communities, such as refugee returnees, internally displaced persons (IDPs) and land grab victims. The chapter concludes that the practice of legal plurality in Afghanistan, on the one hand, and the disparity between the legal framework and actual practices on the ground, on the other, make HLP rights a complicated issue. Despite the fact that HLP rights have been regulated in a number of laws and regulations over the last decade, land dispute resolution remains a significant concern.
