UN Emphasizes on Effective Means of Resolving Water Disputes

A new human rights report released by the United Nations Assistance Mission in Afghanistan (UNAMA) has focused on effective and transparent means of resolving disputes over water rights in the country.

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, according to a new UNAMA report.

“As this report clearly outlines, the stakes involved in water disputes are high,” said Tadamichi Yamamoto, the Secretary-General’s Special Representative for Afghanistan and head of UNAMA. “Resolving these disputes peacefully is of critical importance.”

The UNAMA 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.

Michael E. 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.”

In the meantime, Afghan officials in the Ministry of Water and Energy have also emphasized on better water management.

Parliament representatives also considered that the government is obliged to solve water dispute problems.

“The government is obliged to implement the law and solve all problems based on the constitutions,” said Sayed Naqibullah Hashemi, member of Kabul provincial council.

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.