An Analysis of the Government’s Legal Policies on Spatial Planning in Afghanistan

An Approach to Ensuring the Right to Equal Opportunities in Hard and Soft Infrastructure

Authors

DOI:

https://doi.org/10.58342/ghalibqj.V.15.I.2.1

Keywords:

Afghanistan, Equal Opportunity, Hard and Soft Infrastructure, Spatial Justice, Territorial Planning

Abstract

Background and Objective: Spatial inequality is one of the most significant development challenges in Afghanistan, resulting in unequal access to hard infrastructure (such as water, electricity, transportation, and land) and soft infrastructure (including education, healthcare, social protection, and inclusive institutions). This imbalance exacerbates poverty, marginalization, social injustice, weakened national cohesion, and political instability. This study aims to examine the role of territorial planning in the government's legal policymaking, with particular emphasis on ensuring equal opportunities and reducing spatial inequality.

Methods: This study adopts a descriptive–analytical approach and employs deductive, inductive, and documentary analysis methods. In addition, statistical data and reports, particularly those published by the World Bank, were used to examine and compare the status of spatial justice and the distribution of infrastructure across different regions of Afghanistan.

Findings: The findings indicate that achieving equal opportunities in access to both hard and soft infrastructure requires coherent and legally binding policy frameworks implemented through territorial planning. The absence of such an integrated framework perpetuates spatial inequality and the deprivation of less-developed regions. As a comprehensive planning framework, territorial planning facilitates the equitable distribution of resources, the effective utilization of territorial capacities, and the reduction of regional disparities.

Conclusion: Integrating legal policies based on equal opportunity into the territorial planning system promotes balanced development, reduces discrimination, strengthens social and national cohesion, enhances public trust in government, and optimizes the utilization of territorial capacities. Therefore, territorial planning should be regarded by policymakers as an effective strategy for advancing spatial justice and achieving sustainable development in Afghanistan.

Author Biography

Qasem ali sadaqat, Department of Law, Faculty of Law and Political Science, Khatam‑al‑Nabieen University (PBUH), Kabul

Born in Jaghori, Afghanistan, he completed his religious studies up to the advanced level (Kharej) at the Islamic Seminary of Qom. He earned his Bachelor's and Master's degrees from Imam Khomeini Institute and completed his Ph.D. in Public Law at Shahid Beheshti University. He has been teaching public law for 14 years at private universities in Kabul and continues to teach to the present day.

References

Afghanistan: A study of the importance of improving the community security of marginalized groups in peacebuilding efforts in non-Western societies (Master's thesis, Lund University, Department of Political Science, Sweden). Retrieved from https://lup.lub.lu.se/student-papers/search/publication/1973864

Aghatabar Roudbari, Jamileh, Barimani, Khadijeh, Aghamirzaei Mahalli, Tahereh, & Safarian Hamadani, Saeed. (2018). Land use planning: A strategy for the development of health higher education. Medicine and Cultivation, 27(2), 113–123. https://www.tebvatazkiye.ir/article_69025.html [In Persian]

Akbari, Younes, Imani Jajermi, Hossein, & Rostamali Zadeh, Valiollah. (2016). Analysis and investigation of barriers to land use planning in Iran. Science and Technology Policy Letter, 6(3), 5–13. https://dor.isc.ac/dor/20.1001.1.24767220.1395.06.3.1.8 [In Persian]

Arjmandi, Amin, & Zare Mehrjardi, Mohammad Reza. (2015). The effect of inequality in land distribution on the productivity of production factors (A case study of selected Islamic countries). Agricultural Economics and Development, 23(2), 143–163. https://doi.org/10.30490/aead.2015.58996 [In Persian]

Fazelinejad, Seifollah, & Ahmadian, Morteza. (2010). Rentier economy in Iran and ways to overcome it. Economic Journal (Bimonthly Review of Economic Issues and Policies), 10(11–12), 129–158. https://ejip.ir/article-1-231-fa.html [In Persian]

Frugh, Q. A., & Naseri, M. F. (2025). Surveying the IT infrastructure challenges in Afghanistan. International Journal on Advanced Technology, Engineering and Information System (IJATEIS), 4(2), 267–281. https://doi.org/10.55047/ijateis.v4i2.1717

Garner, Bryan A. (2009). Black's law dictionary. 9th ed. St. Paul, MN: West

Global Call to Action against Poverty Afghanistan. (2016, July). Study on inequalities and social exclusion: Opportunities in Agenda 2030. Kabul, Afghanistan: Global Call to Action against Poverty (GCAP) Afghanistan. Retrieved from https://gcap.global/wp-content/uploads/2018/07/GCAP-Afghanistan-Study-on-Inequalities-and-Social-Exclusion.pdf

Hafeznia, M. R., & Ghaderi Hajat, M. (2016). Conceptualization of spatial justice in political geography. Geopolitics Quarterly, 11(4). Retrieved from http://journal.iag.ir/article_55814.html

Nafeh Chaudhry. (2019). Power, inequality, and local conflicts over land in Afghanistan: A study of the suburban areas of Kabul. Kabul: Afghanistan Institute for Strategic Studies. [In Persian

Omrani Salman, Bakshloo, Reza, & Mohammadi, Mohammad Reza. (2022). “Positive discrimination” or “permissible discrimination”? A conceptual reflection on discrimination in the Iranian legal system: A case study of employment-based localization policies. Administrative Law, 9(30), 99–120. https://qjal.smtc.ac.ir/article-1-986-fa.html [In Persian]

Policy study. Strasbourg, France: Council of Europe, Intercultural Cities Programme. Retrieved from https://rm.coe.int/policy-study-identifying-and-preventing-systemic-discrimination-at-the/1680a00ef4

Recommendation No. 2: Equality bodies to combat racism and intolerance at national level (Revised; adopted on 7 December 2017). Strasbourg, France: Council of Europe. Retrieved from https://rm.coe.int/ecri-general-policy-/16808b5a23

Sarwari, F., & Ono, H. (2023). An analysis of urban ethnic inclusion of master plans: In the case of Kabul City, Afghanistan. Urban Science, 7(1), 3. https://doi.org/10.3390/urbansci7010003

Vaezi, Hamzeh, (2002). Afghanistan and incomplete structures of national identity, Tehran: Erfan Publications. [In Persian]

World Bank. (2021). Afghanistan spatial disparities assessment: Identifying drivers of differential development (Vol. 1). Washington, DC: World Bank. Retrieved from https://documents1.worldbank.org/curated/en/429451614831305312/pdf/Afghanistan-Spatial-Disparities-Assessment-Identifying-Drivers-of-Differential-Development.pdf

World Economic Forum. (2020). The global social mobility report 2020: Equality, opportunity and a new economic imperative. Geneva, Switzerland: World Economic Forum. Retrieved from https://www3.weforum.org/docs/Global_Social_Mobility_Report.pdf

Yamagata, Y., & Yang, P. P. J. (Eds.). (2020). Urban systems design: Creating sustainable smart cities in the Internet of Things era. Amsterdam, Netherlands: Elsevier. https://doi.org/10.1016/C2017-0-04401-4

Published

2026-08-25

How to Cite

sadaqat ق. ع. (2026). An Analysis of the Government’s Legal Policies on Spatial Planning in Afghanistan: An Approach to Ensuring the Right to Equal Opportunities in Hard and Soft Infrastructure. Ghalib (International Journal of Law, Political Science and International Relations), 15(2), 1–37. https://doi.org/10.58342/ghalibqj.V.15.I.2.1