Legal Pluralism and Water Management in Afghanistan: Mirabs, Statutes, and the Islamic Emirate

Elizabeth Hessami, Johns Hopkins University (United States)

Water has been a significant source of local conflict throughout history in Afghanistan. Effective legal oversight and governance of this precious natural resource is essential, but currently exists in parallel forms across the climate-stressed nation.

Traditional water managers or “Water Mirabs” have since ancient times acted as dispute resolution facilitators between local stakeholders. However, in the early 2000’s there was a push to develop codified, national laws resulting in the 2009 Afghanistan Water Law (updated in 2020). But it’s implementation and current acceptance across Afghanistan is unclear. The current government, the Islamic Emirate of Afghanistan, has stated that all laws of the former Government, the Islamic Republic of Afghanistan, are subject to review and must not conflict with Islamic (Shariah) law. Through interviews with an Afghan expert who worked for decades on water conflicts, and research, I will explore the topic in my presentation.