Legal Research Quarterly

Legal Research Quarterly

A Reflection on the Institutions, Stakeholders, and Modes of Water Governance in the Legal Systems of Iran and Afghanistan

Document Type : Original Article

Authors
1 Professor of Law, Faculty of law, Shahid Beheshti University, Tehran, Iran
2 PhD Candidate, Faculty of Law, Shahid Beheshti University, Tehran, Iran Corresponding Author Email: k_hossaini@sbu.ac.ir
10.52547/jlr.2023.229665.2387
Abstract
Introduction
Transformations in water management over recent decades demonstrate that the water cycle is not merely a technical or operational matter; rather, its quality depends on the organization of institutions, the relationship between state and society, and the modes through which power is exercised. The transition of countries from private ownership and state-centered water management to governance-oriented models further indicates that contemporary water management operates within a more complex framework grounded in broader institutional and social arrangements—an approach commonly referred to as good water governance. As a component of public governance, water governance rests on the design of socially accepted policies, the establishment of effective institutional frameworks, and the mobilization of social resources for managing water resources and services. Adopting the good water governance approach, this article examines three structural components—institutions, actors, and management styles—in the legal systems of the Islamic Republic of Iran and Afghanistan to clarify the position of each country along the path toward desirable water governance.
Methods
The research methodology is based on documentary and structural analysis; however, unlike the conventional separation of literature and method, the theoretical concepts and analytical tools are developed within the examination of institutional and legal structures in both countries. By reviewing laws, regulations, policy documents, strategic plans, governmental resolutions, and organizational structures related to water in Iran and Afghanistan, the study first traces the evolution of formal and informal institutions and then reconstructs the water management model in each country through an analysis of actors and management styles. This approach—anchored in the direct linkage between institutional discussions and legal-administrative frameworks—allows the comparative analysis of the two countries to unfold not as a separate section but continuously throughout the examination of each component.
Results and Discussion
The findings indicate that in Iran, formal water institutions hold a dominant and nearly exclusive role in managing water resources and services. From the Constitutional Revolution to the present, the evolution of water institutions—from the Civil Code and the Qanats Law to the Law on Water and Its Nationalization, the Law on Fair Distribution of Water, the establishment of the Ministry of Water and Electricity and later the Ministry of Energy, the creation of regional water companies, and the Supreme Water Council—has consistently reinforced centralized management and strengthened the role of the state. Although post-revolution strategic documents emphasize principles such as integrated water-cycle management, recognition of the economic and security value of water, improved efficiency, and public participation, the institutional structure in practice has remained hierarchical and state-centered. Traditional informal institutions such as Mirabs, which once played a significant role in regulating relations among water users, have lost their position, and water user associations are largely products of state policies rather than local traditions. Consequently, water-sector actors in Iran are predominantly governmental, and civil society and local communities have limited direct involvement in decision-making and policy processes. This institutional configuration has steered water management toward a hierarchical model in which decisions are made centrally and implemented at lower levels, while water networks and markets emerge only marginally and under the close supervision of formal institutions. In Afghanistan, however, the findings present a different yet complex picture. During the period of the Islamic Republic, inspired by the EU Water Framework Directive, efforts were made to shift water management from a fragmented system rooted in traditional Mirab-based practices to a basin-oriented, participatory, and multi-actor model. The establishment of the Ministry of Water and Energy, the Water Affairs Regulation Authority, the delineation of major and minor river basins, the formation of basin advisory councils, and the formal recognition of water user associations all reflect the combination of formal and informal institutions and the attempt to involve local communities and water users in resource management. Within this institutional framework, governmental and non-governmental actors operate alongside one another: the Ministry of Water and Energy, the Ministry of Agriculture, local administrations, advisory councils, and water user associations each assume part of the responsibilities related to regulation, allocation, monitoring, and dispute resolution. The interaction of these institutional arrangements and actor configurations has produced a management style that blends network-based and market-oriented elements. Nevertheless, political instability, prolonged conflict, legal changes—particularly the weakening of explicit provisions on user participation in the new water law—and limited administrative and financial capacity have prevented this hybrid model from being fully and sustainably realized.
Conclusion
The overall outlook of the study shows that Iran and Afghanistan both face significant challenges in water management and follow different trajectories in their transition toward good water governance. In Iran, the persistence of a centralized and state-dominated structure has restricted stakeholder participation and slowed the shift toward participatory and multi-actor models. Moreover, the historical dependence of water management on state institutions and the weakness of intersectoral coordination mechanisms have further complicated reform efforts. In Afghanistan, although basin-based and participatory mechanisms have begun to take shape and a combination of formal and informal institutions has emerged, political instability and limited institutional capacity have hindered the consolidation of these developments. Additionally, financial constraints and administrative fragility have intensified the difficulties of transition. These findings demonstrate that the three structural components—institutions, actors, and management styles—have shaped distinct pathways for the two countries in their movement toward good water governance; however, neither has yet achieved a fully realized model.

Highlights

Highlights

·         The analysis of legal and institutional structures reveals  that water governance in Iran remains anchored in centralized state authority, structurally constraining the emergence of participatory, multi actor, and distributed decision making mechanisms.

·         In Afghanistan, initiatives to establish a basin based and participatory governance model through the integration of formal and informal institutions have begun, yet political instability, administrative fragility, and limited institutional capacity prevent these efforts from evolving into a stable, effective and reliable framework.

·         The comparative assessment demonstrates that institutional, actor related, and managerial constraints continue to impede the transition toward good water governance in both countries, and neither has yet achieved a consolidated, integrated, and fully realized governance model.

Keywords
Subjects

References
Books
1.      Bekkers, Victor, Geske Dijkstra and Menno Fenger, Governance and the Democratic Deficit: Assessing the Democratic Legitimacy of Governance Practices, Aldershot: Ashgate, 2007.
2.      Jacobson, Maria, Fiona Meyer, Ingvild Oia, Paavani Reddy and Hakan Tropp. User’s Guide on Assessing Water Governance, United Nations Development Programme, 2013.
3.      Nouri Esfandiari, Anoosh, An Appropriate Structure for Water Resources Management, Tehran: Iranian Water Policy Think Tank, First Edition, 2021. (In Persian)
4.      Pahl-Wostl, Claudia, Water Governance in the Face of Global Change, Translated By: Mehdi Ghorbani, Tehran: University of Tehran, 2018. (In Persian)
5.      Rogers, Peter and Alan W. Hall. Effective Water Governance, No. 7, Stockholm: Global Water Partnership, 2003.
6.      Thomas, Vincent, Mojib Ahmad Aziz and Ehsanollah Ghafouri, The Right to Water and the Process of Resolving Its Challenges in Afghanistan: A Case Study of the Sar-e-Pul Sub-District, Translated By: Abdol Rahim Ahmad Parwani, Afghanistan Research and Evaluation Unit (AREU), 2013. (In Persian/Afghanestan)  
Articles
7.    Akbari, Mohammad Reza, Ahmad Rezvanfar, Sayyed Mahmoud Hosseini, Amir Alambeigi and Abdolmajid Liaghat, “Analysing Intervention of the Supreme Council for Water in Water Resources Governance of Iran: An Analysis based on Enactments of Supreme Council for Water (2010-2019)”, Public Policy Quarterly, Volume 5, Issue 4, 2019, PP 9-31. (In Persian) Doi: 10.22059/jppolicy.2020.75192
8.    Bagheri, Ali, “Legislative Challenges in Iran Regarding Mechanisms Affecting Water Resources (1)”, Islamic Consultative Assembly Research Center; Infrastructure Studies Office, Volume 27, Issue 6, 2019, PP 1-34. (In Persian)
9.    Bayat, Parviz, Mahmoud Sabouhi, Ahmad Ali Keykha, Mahmoud Ahmadpour and Ezatollah Karami, “The Concept of Water Institutions and a Review of Institutional Water Reforms in Other Countries”, Quarterly Journal of Macro and Strategic Policies, Volume 3, Issue 11, 2015, PP 115-138. (In Persian)
10.     Eslami, Rouhollah and Ahmad Rahimi, “Policymaking and Water Crisis in Iran”, Quarterly Journal of Macro and Strategic Policies, Volume 7, Issue 27, 2019, PP 410-435. (In Persian) Doi: 10.32598/JMSP.7.3.5
11.     Evrim Maden, Tuğba. “The Situation and Management of Water Resources in Iran”, Middle East Analysis, Volume 3, Issue 33, 2011, PP 75–81.  (In Turkish)
12.     Hashemi, Sayyed Mokhtar, “Local Governance  of Water in Iran: Implications and Policy Recommendations”, Water and Sustainable Development Journal, Volume 9, Issue 1, 2022, PP 135-144. (In Persian)
13.     Jamali, Sadegh and Mohsen Abdollahi, “Legal Barriers to Water Governance in Iran; With an Overview of the Law of Equitable Distribution of Water”, Journal of Iran-Water Resources Research, Volume 17, Issue 3, 2021, PP 38-48. (In Persian) http://Doi.org/20.1001.1.17352347.1400.17.3.2.7 
14.     Maria Saleth, Rathinasamy and Ariel Dinar, “Institutional Changes in Global Water Sector: Trends, Patterns, and Implications”, Water Policy, Volume 2, Issue 3, 2000, PP 175–199. Doi:10.1016/S1366-7017(00)00007-6/
15.     Mashhadi Ahmad, Mahmoud, “The Meaning and Concept of Institutions in Institutionalism A Look at Differences between Old and New Institutionalism and the Role of Institutions in Economic Activities”, Economic Research Quarterly, Volume 13, Issue 48, 2013, PP 49-77. (In Persian)
16.     Nik-Ravesh, Mojtaba, “Institutional Development of Water Resources Management in Iran”, Third Iranian Water Resources Management Conference, University of Tabriz, 2008. (In Persian)
17.     Tahbaz Salehi, Niloofar, Mohammadreza Nazari and Majid Koupahi, “Investigating on the Performance of Participatory Irrigation Management in Iran: Case Study- Tajan Water User Association”, Agricultural Economics and Development Journal, Volume 24, Issue 2, 2010, PP 205-216. (In Persian)  https://jead.um.ac.ir/article_26475.html
18.     Toutounchi, Maryam and Ahmad Reza Omani, “Water User Associations: An Ancient Structure with a Modern Approach”, Third National Conference on Irrigation and Drainage Network Management, Shahid Chamran University of Ahvaz, 2010, PP 1-10. (In Persian)
19.     Vahid, Majid and Mohsen Ranjbar, “Political dimension of water governance in iran (1989-2013), A Critical Study”, Public Policy Quarterly, Volume 4, Issue 4, 2018, PP 203-223. (In Persian) Doi: 10.22059/ppolicy.2019.70453
Thesis
20.     Jamali, Sadegh, “Legal Principles Governing Water Governance and Its Gaps in Iran’s Legal System”, Master’s Thesis, Shahid Beheshti University, 2017. (In Persian)
Laws and Documents
21.     Bylaw of the Water Supply and Sewerage Enterprise, enacted under Presidential Decree No. 1224, Government of Afghanistan, 1974 (In Afghanistan).
22.     Civil Code of Afghanistan, 1976. (In Persian – Afghanistan)
23.     Civil Code of Iran, 1928. (In Persian)
24.     Constitutional Law, Kingdom of Afghanistan, 1965.(In Persian – Afghanistan)
25.     Decree of the Presidium of the Revolutionary Council of the Democratic Republic of Afghanistan, 1984/08/09. (In Persian – Afghanistan)
26.     European Union. “Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy” (Water Framework Directive), 23 October 2000. Available at: https://www.legislation.gov.uk/eudr/2000/60/body
27.     Fourth Development Plan Law, Islamic Republic of Iran, 2004. (In Persian)
28.     General Policies of System in the Water Resources Sector, 2001. (In Persian)
29.     Law on Establishment of the Ministry of Agriculture Jihad, Islamic Republic of Iran, 2000. (In Persian)
30.     Law on the Use of Water Resources, Republic of Afghanistan, 1991. (In Persian – Afghanistan)
31.     Law on transforming provincial water affairs departments into provincial regional water companies and transforming regional water companies covering more than one province into the regional water company of the relevant province, 2004. (In Persian)
32.     Legislative Decree No. 5576/1499 of the Kingdom of Afghanistan, 1966/02/23. (In Persian – Afghanistan)
33.     Long-Term National Water Resources Development Strategies, Council of Ministers, 2003. (In Persian)
34.     Presidential Decree No. 1224 of Afghanistan, 1975/02/20. (In Persian – Afghanistan)
35.     Presidential Decree No. 2647 of the Islamic Republic of Afghanistan, 2020/12/20. (In Persian – Afghanistan)
36.     Regulation of the Supreme Council of Water, Land, Urban Development and Environment, Islamic Republic of Afghanistan, 2021. (In Persian – Afghanistan)
37.     Regulation on Establishment, Registration, Strengthening and Operation of Water Users Associations, Islamic Republic of Afghanistan, 2011. (In Persian – Afghanistan)
38.     Resolutions of the National Land Use Planning Council, 2017–2020, Council of Ministers, 2021. (In Persian)
39.     Resolutions of the Supreme Water Council, 2002–2019. (In Persian)
40.     Second Development Plan Law, Islamic Republic of Iran, 1994. (In Persian)
41.     Statute of the Iran Water and Wastewater Holding Company, Council of Ministers, 2002. (In Persian)
42.     Statute of the Iran Water Resources Management Company, Council of Ministers, 2002. (In Persian)
43.     Strategic Framework for the Water Sector, Ministry of Irrigation, Water Resources and Environment, Transitional Islamic State of Afghanistan, 2003. (In Persian – Afghanistan)
44.     Third Development Plan Law, Islamic Republic of Iran, 2000. (In Persian)
45.     Water Affairs Regulation Law, Islamic Republic of Afghanistan, 2019. (In Persian – Afghanistan)
46.     Water Law, Democratic Republic of Afghanistan, 1981. (In Persian – Afghanistan)
47.     Water Law, Islamic Republic of Afghanistan, 2009. (In Persian – Afghanistan)
48.     Water Policy Paper: Policy and Structural Changes in the National Water Governance System, Shahid Beheshti School of Governance, 2020. (In Persian)
49.     Water Resources Authority Policy, Islamic Republic of Afghanistan, 2006. (In Persian – Afghanistan)
50.     Water Sector Strategy, Islamic Republic of Afghanistan, 2007. (In Persian – Afghanistan)

  • Receive Date 08 January 2023
  • Revise Date 25 June 2023
  • Accept Date 15 July 2023