Tenure Security in War-Affected Scenarios: Challenges and Opportunities for Sustainability

Abstract

AbstractThis chapter describes the role of land rights and tenure security in war-affected scenarios. Because armed conflict and tenure security both operate in the domain of spatial relationships between people, the connection between them is acutely intimate. War-torn land tenure scenarios are unique in their combination of a weakened and chaotic formal (statutory) system, vigorous but very fluid informal tenure activity, along with the presence of political demands regarding land, and international actors that have a large interest and influence in the direction of recovery. While this combination carries risks, it also represents real opportunity for practical and policy reform in support of tenure security and sustainability. Subsequent to a review of the land tenure security issues that emerge prior to, during, and after armed conflict, the chapter describes how certain forms of post-conflict land rights recovery can support tenure security and contribute to long-term sustainability. The chapter presents the case of Afghanistan to highlight the issues of conflict and tenure security.